Revised Smoke-Free Ordinance Passes in Davao City Council

According to the Mindanao Times report on April 28, the 20th City Council of Davao City, Philippines, approved a revised "Comprehensive Smoking Ban Ordinance" on April 16. The new law amends Ordinance No. 0367-12 from 2012, now referred to as the "Davao City New Comprehensive Anti-Smoking Ordinance amended by Ordinance No. 037-19 in 2019".

City councilor Luna Acosta has proposed amendments to increase penalties for smoking or using e-cigarettes in public areas, as well as for selling tobacco products to minors.

The regulation prohibits the sale of tobacco to minors. If there are doubts about the buyer's age, a government-issued ID must be provided for age verification. Minors who are unable to present ID at the time of purchase may be assisted by the city's social welfare and development office. Businesses that fail to ask for ID may face an administrative fine of 1000 pesos ($17.35).

Businesses that sell tobacco products to minors, or within 100 meters of facilities frequented by teenagers, will be fined 5,000 pesos (86.75 US dollars) and may have their business license revoked or suspended.

Individuals who induce or instruct minors to purchase or distribute tobacco products will be fined 5000 pesos and may face up to one year of imprisonment.

The regulation continues to prohibit smoking in public places, including restaurants, fast food outlets, hotels, motels, inns, and other accommodation and entertainment facilities. Smoking is allowed within designated smoking/e-cigarette usage areas (DSVA), which must be located within 10 meters of any entrance, and minors are not allowed in these areas.

The DSVA district needs to have signs indicating designated smoking/e-cigarette use areas, clearly displaying health warnings, and prohibiting entry for minors.

Businesses must post a prominent sign stating "No Smoking/E-cigarette Use for Minors" if they wish to sell or distribute tobacco products. The minimum height requirement for the font of the sign is three inches.

School personnel need to post signs in prominent locations stating that the sale, advertising, or promotion of e-cigarettes, tobacco products, hookahs, and e-cigarettes is prohibited within a 100-meter radius of schools, playgrounds, and facilities for minors.

At the same time, sales points also need to display the slogan "Selling or distributing tobacco products/e-cigarette devices and other tobacco products to minors is illegal," along with health warnings established by the Ministry of Health.

Utility vehicles are required to display a "No Smoking/No e-cigarette" sign with a maximum size of 3.5 square inches.

In addition to fines, violators are also required to receive smoking cessation counseling at certified clinics and community health centers in the city center.