AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11900, July 25, 2022 ]

AN ACT REGULATING THE IMPORTATION, MANUFACTURE, SALE, PACKAGING, DISTRIBUTION, USE, AND COMMUNICATION OF VAPORIZED NICOTINE AND NON-NICOTINE PRODUCTS, AND NOVEL TOBACCO PRODUCTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Vaporized Nicotine and Non-Nicotine Products Regulation Act."

Section 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them.

It is further declared the policy of the State to enact a balanced policy whereby these novel consumer products are properly regulated using internationally accepted product standards in order to protect the citizens from the hazards of regulated, unregulated and substandard Vapor Products and Heated Tobacco Products.

For this purpose, the government shall regulate the importation, assembly, manufacture, sale, packaging, distribution, use, advertisement, promotion and sponsorship of Vaporized Nicotine and Non-Nicotine Products, and their devices, and Novel Tobacco Products in order to promote a healthy environment, protect the citizens from any potential hazards of these novel consumer products, reduce the harm caused by smoking, and ensure that the sale to minors and the illicit trade of Vaporized Nicotine and Non-Nicotine Products, and their devices, and Novel Tobacco Products in the country are prevented.

Section 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:

Section 4. Packaging and Health Warnings. — All Vapor Product Refills, HTP Consumables, and Novel Tobacco Products shall comply with the following packaging requirements:

Section 5. Tamper-resistant and Child-resistant Design. — The receptacles of Vapor Product Refills shall be child-resistant, tamper-resistant, and shall be protected against breakage and leakage.

Non-refillable receptacles shall not be tampered with and refilled.

Section 6. Minimum Age Sales and Purchase. — The minimum allowable age for the purchase, sale and use of Vaporized Nicotine and Non-Nicotine Products, their devices, or Novel Tobacco Products shall be eighteen (18) years old.

It shall not be a defense for the person selling or distributing that he or she did not know or was not aware of the real age of the purchaser. Neither shall it be a defense that he or she did not know nor had any reason to believe that the product was for the consumption of a person below eighteen (18) years of age.

Section 7. Proof-of-Age Verification. — Retailers shall ensure that no individual below eighteen (18) years of age is allowed to purchase Vaporized Nicotine and Non-Nicotine Products, their devices, or Novel Tobacco Products. It shall be the responsibility of retailers to verify the age of buyers. For this purpose, the presentation of any valid government-issued identification card exhibiting the buyer's photograph and age or date of birth shall be required. Retailers shall ensure direct delivery only to individuals who must be eighteen (18) years old and above.

Section 8. Online Trade. — The sale or distribution of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products through internet websites or via e-commerce and/or other similar media platforms shall be allowed: Provided, That the retailer or distributor shall adopt measures to ensure that persons below eighteen (18) years of age are denied access thereto and that the internet website shall bear the signages required under this Act.

In compliance with the aforementioned age restriction, and when seeking access to such media platform, the person's legal age shall be self-declared in the opening first page of the website.

Provided, further, That the sale or distribution of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products through internet websites or via e-commerce and/or other similar media platforms shall only be made by online sellers or distributors registered with the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC) and the products being sold and advertised online shall be compliant with the health warning requirements indicated herein, as well as other BIR requirements including tax stamp, minimum or floor price or other fiscal marks: Provided, finally, That the delivery of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products purchased online shall also comply with Section 7 of this Act.

Section 9. Sales and Promotion within School Perimeters. — The sale, promotion, advertising, and product demonstration of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products within one hundred (100) meters from any point of the perimeter of a school, playground or other facility frequented particularly by minors shall be prohibited.

Section 10. Point-of-Sale Signage. — Point-of-sale establishments offering, selling, or distributing Vaporized Nicotine and Non-Nicotine Products shall post the following statement in a clear and conspicuous manner:

"The sale or distribution of Vaporized Nicotine and Non-Nicotine Products to or by persons below eighteen (18) years of age is illegal. These products are harmful and contain nicotine which is a highly addictive substance. It is not recommended for use by nonsmokers." or "Ang pagbenta at pagbili ng Vaporized Nicotine and Non-Nicotine Products sa at ng mga taong wala pang labingwalong (18) taong gulang ay pinagbabawal. Ang mga produktong ito ay nakakasama sa kalusugan at mayroong nicotine, isang nakakalulong na kemikal. Hindi ito inirerekomenda na gamitin ng mga hindi naninigarilyo."

Section 11. Display of Products. — Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products shall not be displayed immediately next to products of particular interest to minors.

Section 12. Product Communication Restrictions. — Advertisement of Vaporized Nicotine and Non-Nicotine Products, or Novel Tobacco Products and other forms of consumer communication shall be allowed in points-of-sale or retail establishments, through direct marketing, and on the internet: Provided, That the following guidelines shall apply:

Section 13. Restrictions on Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product Promotional Activities. — The following restrictions shall apply to any promotional activity related to Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products:

Section 14. Restrictions on Sponsorship. — The following restrictions shall apply to all Vaporized Nicotine and Non-Nicotine Product or Novel Tobacco Product promotional sponsorships:

Section 15. Use in Public Place. — The use of Vaporized Nicotine and Non-Nicotine Products shall be prohibited in all indoor public places except in DVAs, or in point-of-sale establishments for purposes of conducting product demonstrations.

The use of Vaporized Nicotine and Non-Nicotine Products shall be absolutely prohibited in the following public places:

Section 16. Smoking and Vaping Restriction Awareness Campaign. — Subject to the provisions of this Act, the DOH, in coordination with other concerned agencies, may undertake smoking and vaping restriction awareness campaigns on the harmful effects of smoking and vaping, which may include information drives and posting of warning sign images in public. As part of the whole-of-society approach for a genuine smoke- and vape-free environment, the private sector shall also be encouraged to undertake restriction awareness campaigns on smoking and vaping, including, but not limited to, censoring and not supporting advertisements promoting smoking and vaping.

Section 17. Standards for Designated Vaping Areas. — Designated Vaping Areas (DVAs) shall comply with the following standards:

Provided, That nothing in this Act shall compel persons in charge to establish DVAs nor prevent them from instituting more stringent measures in their building and establishment to better ensure a vape-free environment in their premises.

Section 18. Product Standard Requirements. — The DTI, in consultation with the FDA, shall set technical standards for safety, consistency, and quality of the products requiring registration in the immediately succeeding section based on international standards: Provided, That no vapor product with a nicotine content above sixty-five milligrams per milliliter (65mg/ml) shall be allowed to be sold in the market. The compliance with these product standards shall be mandatory.

Section 19. Product Registration. — All manufacturers and importers of the following products shall register with the DTI by submitting information demonstrating conformity with Section 18 of this Act:

Vaporized Nicotine and Non-Nicotine Products, Novel Tobacco Products, Heated Tobacco Product Devices and Vapor Product Devices may be sold to the general public after submission of the product registration requirements under this Act.

The DTI, upon due process, may order the immediate recall, ban or seizure from public sale or distribution of Vaporized Nicotine and Non-Nicotine Products, HTP Devices, Vapor Product Devices, and Novel Tobacco Products for failure to comply with this section in relation to Section 18 of this Act.

Only duly registered Vaporized Nicotine and Non-Nicotine Products or their devices, or Novel Tobacco Products with the applicable graphic health warnings are allowed to be sold, advertised or distributed through whatever means.

For online sales, the Secretary of the DTI, upon due process, shall have the power to issue an order directing that a noncompliant website, webpage, online application, social media account, or other similar platform be taken down and preventing online sellers, which are noncompliant with the registration requirements provided under this Act, from selling online. The Secretary of the DTI shall order the immediate recall, ban or seizure from public sale or distribution of noncompliant Vaporized Nicotine and Non-Nicotine Products or their devices, and Novel Tobacco Products as provided under this section. The DTI and the BIR shall also maintain a list on their website, to be updated monthly, of brands of Vaporized Nicotine and Non-Nicotine Products and Novel Tobacco Products registered with the DTI and the BIR that are eligible to be sold online.

Internet websites and/or e-commerce and/or other similar media selling platform providers shall only allow duly registered online sellers or retailers with the DTI and the BIR.

Section 20. Restriction on the Retail and Sale of Nicotine Shots. — The retail or use of nicotine shots and/or concentrates shall be strictly prohibited.

Section 21. Jurisdiction. — The DTI shall have exclusive jurisdiction over any and all issues, requirements, and subject matters related to Vaporized Nicotine and Non-Nicotine Products, and their devices, as well as Novel Tobacco Products, which are provided for in this Act.

Section 22. Floor Price. — The BIR is mandated to issue revenue regulations prescribing the floor price or the minimum price of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products, taking into account the sum of their excise tax, value-added tax, and a reasonable production cost.

Section 23. Penalties for Noncompliance. — The following penalties shall apply:

Online sellers and distributors of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products and online platforms that are noncompliant with Section 8 of this Act shall be ordered by the DTI to immediately suspend trading of such products and shall be liable for the fines and penalties imposed under this section. Suspension shall continue until the manufacturer, seller, distributor or online platform has complied with the requirements provided under Section 8 of this Act.

The BIR shall order the immediate recall, ban or seizure from public sale or distribution of Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products not registered with the BIR, including those sold online. This is without prejudice to the filing of the appropriate cases and collection of correct taxes and duties, including applicable fines and penalties under Republic Act No. 8424, as amended, and Republic Act No. 10863, otherwise known as the "Customs Modernization and Tariff Act (CMTA)."

The DTI and the BIR, in consultation with relevant stakeholders, shall design, promulgate and utilize new and emerging innovative tools and technologies to ensure that only registered Vaporized Nicotine and Non-Nicotine Products or Novel Tobacco Products are made available in the market.

If the guilty officer is a foreign national, the officer shall be deported after service of sentence and/or payment of applicable fines without need of further deportation proceedings and shall be permanently barred from re-entering the Philippines.

Section 24. Implementing Rules and Regulations. — Within three (3) months from the date of effectivity of this Act, the DTI, in consultation with the FDA, shall issue the implementing rules and regulations (IRR) for this Act. The non-issuance of the IRR shall not prevent the implementation of this Act upon its effectivity.

Section 25. Usage of Local Tobacco Products. — Manufacturers are encouraged to use local tobacco products for Vapor Products, HTPs and Novel Tobacco Products sold in the Philippines.

Section 26. Appropriations. — The amount necessary to implement the provisions of this Act shall be charged against the current year's appropriations of the national government agencies concerned. Thereafter, such funds as may be necessary for the continued implementation of this Act shall be included in the budgets of the national government agencies concerned under the annual General Appropriations Act.

Section 27. Transitory Provision. — Manufacturers, distributors, importers and retailers of Vaporized Nicotine and Non-Nicotine Products or their devices, and Novel Tobacco Products shall be given an eighteen (18)-month transitory period from the issuance of the implementing rules and regulations of this Act to comply with the requirements herein.

Section 28. Separability Clause. — If any provision or any part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

Section 29. Repealing Clause. — All laws, decrees, rules and regulations or any part thereof which may govern any and all issues, requirements, statements and subject matters related to Vaporized Nicotine and Non-Nicotine Products or their devices, and Novel Tobacco Products which are provided for in this Act, and those other laws, decrees, rules and regulations or any part thereof which are inconsistent with the provisions of this Act, are hereby repealed, amended or modified accordingly.

Section 30. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidatgion of Senate Bill No. 9007 and Senate Bill No. 2239 was passed by the House of Representatives and the Senate of the Philippines on January 26, 2022 and January 25, 2022, respectively.

Approved: Lapsed into law on JUL 25 2022 without the signature of the President, in accordance with Article VI Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE
President of the Philippines