Anti-Smoking Ordinance for a Smoke Free Baguio

The city government of Baguio crafted the Smoke Free Baguio Ordinance to make amendments for The Comprehensive Anti-Smoking Ordinance of Baguio City and to minimize the minors’ access to tobacco products and to help those who are attempting to quit tobacco use.

And for the benefit of everyone, especially those who have questions regarding the ordinance, here’s an outline of the things you need to know about the Smoke Free Baguio Ordinance.

Anti-Smoking Ordinance|Smoke Free Baguio Quick Facts

Coverage of Ordinance

Based on the Smoke Free Baguio Ordinance, smoking is prohibited in the following places:

PUBLIC UTILITY VEHICLES (PUVs)

This includes the following and other PUVs that are being used to transport passengers:

• Public Utility Jeepneys (PUJs)
• Public Utility Buses (PUBs)
• Taxis

GOVERNMENT-OWNED VEHICLES

ACCOMMODATION AND ENTERTAINMENT ESTABLISHMENTS

Accommodation and entertainment establishments include the following and other places meant for comfortable and healthful relaxation, offering food, sleeping accommodation, and recreational facilities to the public for a certain amount.

• Restaurants, Fast Foods, Eateries
• Hotels, Motels, Lodges, Inns, Boarding Houses
• Disco Houses, Videoke Bars, Movie Houses

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PUBLIC BUILDINGS

Buildings owned by the government or a private person but occupied by any government branch/department, local government units (LGUs) or barangay exclusively used for public purposes.

PUBLIC PLACES

1. All fixed or mobile places open to the public

2. Places meant for collective use, regardless of ownership or right to access, including but not limited to the following:

• Schools
• Workplaces
• Government Facilities
• Food & Drinks establishments
• Accommodation
• Merchandise
• Professional services
• Entertainment and other services
• Outdoor Spaces with facilities meant for public use including but not limited to the following:
  • Playgrounds, Sports grounds/centers
  • Church grounds
  • Hospital/health compounds
  • Transportation terminals
  • Markets, Parks
  • Resorts
  • Walkways/sidewalks
  • Entrance ways
  • Waiting areas

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Designation of Smoking Areas

As stated in the Smoke Free Baguio Ordinance, a designated smoking area should be approved by the City Health Services Officer and should be an outdoor space where smoking and/or vaping may be allowed without violating the ordinance.

REQUIREMENTS

1. Location should be an open space outside the building with no permanent or temporary roof or walls in an outdoor area.

2. It should not be located in or within ten (10) meters from entrances, exits, or any place where people pass or congregate.

3. It should not be larger than 10 square meters.

4. Food and drinks should not be served in the designated smoking area.

5. No building shall have more than one designated smoking area

6. Minors or persons below the age of 18 should not be allowed in the designated smoking area.

7. The designated smoking area should have a signage with the message, “Smoking Area” and “Minors not allowed within these premises.”

8. No designated smoking areas are allowed in places with absolute smoking ban including the following:

I. Centers for youth activity like:

• Playschools, Preparatory schools
• Elementary Schools
• High Schools
• Colleges and Universities
• Youth Hostels and Recreational Facilities for persons under 18 years old

II. Elevators and stairwells

III. Locations in which fire hazards are present like:

• Gas stations
• Storage areas for flammable liquids, gas, explosives or combustible materials

IV. Locations in which fire hazards are present like within the building and premises of

• Public and private hospitals
• Medical, dental and optical clinics
• Health centers, nursing homes
• Dispensaries and laboratories

V. Food Preparation Areas

VI. Public Conveyances and in enclosed, partially enclosed and outdoor areas of transport terminals that are near entrances and exits or where people congregate

VII. Within the buildings of all government facilities and premises of all offices of

• Department of Health (DOH)
• Department of Education (DepEd)
• Commission on Higher Education (CHED)
• Department of Social Welfare and Development (DSWD)
• Civil Service Commission (CSC)

This also includes parks, plazas, playgrounds, sports and recreational facilities, and other facilities where an absolute smoking ban is imposed under special laws, administrative and executive orders, memorandum circulars and related policies

APPLICATION FOR DESIGNATED SMOKING AREA

For establishments in Baguio City, here are the requirements needed when applying for the designation of a smoking area:

1. Designated Smoking Area (DSA) form

• with sketch or picture of the business and proposed location of smoking area.

2. Photocopy of Business Permit

3. Inspection fee of PHP 150.00

**Submit the requirements to Smoke-Free Baguio Office at 3rd Floor Health Services Office, T. Alonzo St., Baguio City.
NOTE:
Inspection of DSA will be conducted every third Thursday of the month.

Prohibited Acts

1. Smoking or vaping in the following except in approved Designated Smoking Areas:

• enclosed or partially enclosed public places
• workplaces
• public conveyances (mode of transportation like elevators, airplanes, ships, jeepneys, buses, taxis and the like)

2. Knowingly allowing or tolerating smoking in accommodation establishments, whether tourism-accredited or not, except in the duly-designated smoking areas.

3. Smoking inside a government-owned or public utility vehicle, moving or not while waiting for passengers.

• For persons-in-charge to allow smoking/vaping in government-owned or PUVs.

4. Selling or distributing tobacco products and/or Electronic Nicotine Delivery Systems (ENDS) like e-cigarettes to minors

5. Purchasing tobacco products and/or ENDS from minors.

6. Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise, or promote tobacco products and/or ENDS

7. Selling or distributing tobacco products and/or ENDS in a school, public playground or other facility frequented by minors, offices of the Department of Health and attached agencies, hospitals and health facilities, or within 100 meters from any point in the perimeter of these places

8. Selling of tobacco products and/or ENDS within premises of a government facility

9. Selling tobacco products and/or ENDS without a business permit to sell tobacco products or ENDS

10. Selling of tobacco products and/or ENDS as individual pieces or per stick/piece

11. Selling of tobacco products and/or ENDS removed from its original product packaging or without the proper government-regulated and approved health warning

12. Selling of tobacco products and/or ENDS by ambulant or street vendors, including other mobile or temporary stalls, kiosks, stations or units

13. Selling or distributing sweets, snacks, toys or any other objects in the form of tobacco products which may appeal to minors

14. Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products or ENDS, such as but not limited to leaflets, posters, display structures, and other materials within an establishment when such establishment or its location is prohibited from selling tobacco products and/or ENDS

15. Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products or ENDS, such as but not limited to leaflets, posters, display structures and other materials that show a tobacco/ENDS brand name (including company name), logo or indicia, such as in a point-of-sale establishment, where minors are allowed entry

16. Conducting promotional activities, campaigns, events, product sampling, and the like, where the establishment or its location is prohibited from selling or unauthorized to sell tobacco products and/or ENDS, and/or where minors are allowed entry

17. Displaying and placing tobacco products and/or ENDS in open store shelves/racks, except in enclosed, opaque and single-colored storages/containments

18. Facilitation, participation or partnership engaged by any government official or personnel, regardless of employment status (permanent, casual, contractual, job order, consultant, or special appointment) in any form of contribution, sponsorship or corporate social responsibility (CSR) activity, event, program or a project by a tobacco company, tobacco industry front groups, or any representation working to protect tobacco industry interests, executed for or with the territorial jurisdiction of Baguio, with the aim, effect or likely effect of promoting a tobacco product and/or ENDS, its use either directly or indirectly.

Penalties

Penalties for any violation of the provisions of the Smoke-Free Baguio Ordinance are as follows:

1. VIOLATIONS

• Prohibited Acts no. 1 to no. 3
  • Smoking/vaping in enclosed or partially enclosed public places, workplaces, or public conveyances
  • Allowing or tolerating smoking in accommodation establishments outside the Designated Smoking Area
  • Smoking while inside a government-owned or PUV

• Violation of proper designation and management of designated smoking areas (DSA) by establishments and persons-in-charge of government premises intending to establish DSAs.

I. First Offense	PHP 1,000.00
II. Second Offense	PHP 2,000.00
III. Third & Subsequent Offenses	PHP 3,000.00 or imprisonment for not more than 3 months; or both at the discretion of the court. Suspension or revocation of business permit (in case of a business entity or establishment), if applicable.

2. VIOLATIONS

• Prohibited Acts no. 4 to no. 17
  • Sales/Access Restriction
  • Advertising and Promotions Ban

I. First Offense	PHP 2,000.00
II. Second Offense	PHP 3,000.00
III. Third & Subsequent Offenses	PHP 5,000.00 or imprisonment for not more than 3 months; or both at the discretion of the court. Suspension or revocation of business permit (in case of a business entity or establishment), if applicable.

NOTE:
This article was based on the provisions of The Comprehensive Anti-Smoking Ordinance of Baguio City as amended by the Smoke Free Baguio Ordinance

For more concerns regarding the ordinance, you may try to contact the City Mayor’s Office at 442-8920.