This was among the provisions of the draft implementing rules and regulations (IRR) of Republic Act. 11900 or The Vaporized Nicotine and Non-Nicotine Products Regulation Act.
MANILA, Philippines — Online sellers of vaporized nicotine and non-nicotine products, and their devices may be required to establish a mechanism which will deny the access of these products to persons below 18 years of age.
This was among the provisions of the draft implementing rules and regulations (IRR) of Republic Act. 11900 or The Vaporized Nicotine and Non-Nicotine Products Regulation Act.
“E-commerce platforms, online marketplaces, and e-retailers shall establish an access restriction mechanism approved by the DTI (Department of Trade and Industry (DTI) to ensure that persons below 18 years of age are denied access to Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products,” the draft IRR said.
Online sellers must also post proper signages on their website, webpage, media platforms in a clear and readable manner informing that the sale of the said products to persons below 18 years of age is illegal.
The signage must also state that such products are harmful and contain nicotine, which is a highly addictive substance. It must also state that the products are not recommended for use by non-smokers.
The draft IRR also states that e-commerce platforms, online marketplaces, and e-retailers must ensure direct delivery only to the buyer or to an authorized representative who must also be at least 18 years of age verified through presentation of a valid government-issued ID.
“Sellers may redeliver the product at the expense of the buyer in case the authorized representative is not of legal age, “the draft IRR said.
“It shall not be a defense for the e-commerce platforms, online marketplaces, and e-retailers selling or distributing that the buyer self-declared his/her age or that 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 18 years of age with both the buyer and the representative showing proof of age, “the draft IRR said.
The draft IRR also states that online sellers will not be allowed to sell the said products without securing business name registration from the DTI or the SEC or in case of cooperatives, with the Cooperative Development Authority.
Meanwhile, the draft IRR also covers the mandatory compliance of the products to technical regulations set by the DTI’s Bureau of Philippine Standards (BPS) and the Food and Drug Administration (FDA).
“To ensure the safety, consistency, and quality of the products covered by RA 11900 and this IRR prior to their release in the market, the BPS shall set the technical standards on the non-health aspects of vaporized nicotine and non-nicotine products, and their devices, and novel tobacco products, while the FDA shall set the technical standards on the health aspects. Only products certified under the technical regulations issued by the BPS and the FDA shall be allowed to be sold in the market, “the IRR said.
The draft IRR also states that all manufacturers and importers of products covered by RA 11900 shall directly apply for registration with the BPS, provided, that products containing tobacco, and synthetic or natural nicotine must first secure approval from the FDA prior to registration with the BPS.
Moreover, to ensure the effective and efficient implementation of the law, the IRR has delineated the duties and responsibilities of the implementing agencies. The Department of Health (DOH) shall have exclusive jurisdiction on the enforcement of the Graphic Health Warning Law,
For its part, the FDA will have jurisdiction on the health aspects of tobacco and nicotine, either natural or synthetic; primary registration of products containing tobacco, and synthetic or natural nicotine; and exclusive jurisdiction over products with therapeutic, medicinal, or reduced risk claims, except in cases of deceptive, unfair and unconscionable sales practices.
The Bureau of Internal Revenue (BIR), on the other hand, will have exclusive jurisdiction over taxpayer registration; floor price setting for the products; and the formulation, drafting and publication of revenue regulations covering the said products.
The BIR will also be in-charge of ensuring that revenue stamps are not affixed on non-compliant packages and certify under oath that products are taxed and compliant with the Graphic Health Warning Law prior to the release by the Bureau of Customs or a local manufacturer’s warehouse.
The draft IRR likewise sets penalties to be incurred for the violation of RA 11900.
Source:
Catherine Talavera – The Philippine Star
October 26, 2022 | 12:00am
Vape online sellers need access restriction mechanism | Philstar.com