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Executive Order No. 106 (2020)
the World Health Organization (WHO) issued a report in August 2016 on Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS), which noted that (i) the use of adulterated and even unadulterated ENDS/ENNDS produces aerosol that ordinarily includes toxicants which trigger a range of significant pathological changes, and (ii) ENDS/ENNDS are unlikely to be harmless, such that long-term use is expected to increase the risk of chronic obstructive pulmonary disease, lung cancer, possible car
Section 1.
Prohibition of Unregistered and/or Adulterated ENDS/ENNDS, HTPs and Other Novel Tobacco Products. The manufacture, distribution, marketing or sale of unregistered or adulterated ENDS/ENNDS, components thereof in the form of devices, e-liquids, solutions or refills whether physically part of or intended to be used with ENDS/ENNDS, HTPs and other novel tobacco products, are hereby prohibited and shall be dealt with in accordance with this Order and existing laws.
Section 2.
Regulatory Framework for ENDS/ENNDS, HTPs and Other Novel Tobacco Products. All e-liquids, solutions or refills forming components of ENDS/ ENNDS or HTPs shall be registered with the FDA, in accordance with RA Nos. 9711 and 11467.
All devices forming components of ENDS/ENNDS or HTPs shall be subject to the product standards imposed by the Department of Trade and Industry and the FDA, in accordance with RA Nos. 7394 and 11467.
Other novel tobacco products shall be regulated in accordance with RA No. 9211 and other relevant issuances, and are subject to the jurisdiction of the Inter-Agency Committee-Tobacco (IAC-T), established under the said law.
Section 3.
License to Operate. All establishments engaged in the manufacture, distribution, importation, marketing and sale of ENDS/ENNDS, HTPs, or their components, shall secure a License to Operate (LTO) from the FDA.
Section 4.
Importation. The entry/importation of unregistered or adulterated ENDS/ENNDS, HTPs, or components thereof is hereby prohibited. For this purpose, the FDA and DTI are hereby directed to coordinate with the Bureau of Customs in the formulation of the guidelines, requirements and procedures for the regulation of the entry/ importation of ENDS/ENNDS, HTPs, and their components into the Philippine market.
Section 5.
Implementing Guidelines. Within thirty (30) days from the effectivity of this Order, the FDA, in consultation with relevant agencies and stakeholders, shall formulate and issue the rules, regulations and standards governing the registration of ENDS/ENNDS, HTPs and their components, and the issuance of LTOs in relation thereto, required in this Order.
Section 6.
Expansion of the Coverage of EO No. 26. Section 1 of EO No. 26, is hereby amended as follows:
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Section 7.
Expansion of Prohibited Acts under EO No. 26. Section 3 of EO No. 26 is also amended as follows:
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Section 8. Amending the Standards for Designated Smoking Areas. Section 4 of E.O. No. 26 is likewise amended as foilows:
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Section 9.
Expanding the Duties of Persons-in-Charge. Section 5 of EO No. 26, is also amended as follows:
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Section 10.
Expansion of the Smoking Cessation Program. Section 8 of EO No. 26 is also further amended as follows:
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Section 12.
Separability. If any part of this Order is held unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.
Section 13.
Repeal. Except for the foregoing amendments, all other provisions of EO No. 26 shall remain unchanged and in effect. All rules, regulations and issuances or parts thereof which are inconsistent with this Order are hereby revoked, amended or modified accordingly.
Section 14.
Effectivity. This Order shall take effect fifteen (15) days after publication in a newspaper of general circulation.
DONE, in the City of Manila, this 26th day of February in the year of our Lord. Two Thousand and Twenty.
(SGD.) RODRIGO ROA DUTERTE
By the President:
(SGD.) SALVADOR C. MEDIALDEA Executive Secretary