Use of vape in public areas

Dear Atty. Chris Liquigan,

For the past six months, I have been vaping instead of smoking to help lessen it. My question here is, are the no smoking areas also applicable to vape? Thanks Atty.

Marvin

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Dear Marvin,

To answer your question, yes, it is also prohibited to use vape in no smoking areas. According to Sections 15 and 23 of Republic Act 11900, otherwise known as the "Vaporized Nicotine and Non-Nicotine Products Regulation Act," please take note that it says:

"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:

"(a) Centers of youth activity such as play schools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels and recreational facilities for persons under 18 years old;

"(b) Elevators and stairwells;

"(c) Locations in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas explosives or combustible materials;

"(d) Within the buildings and premises of public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries and laboratories;

"(e) Public conveyances and public facilities including airport and ship terminals and train and bus stations, restaurants and conference halls, except for DVAs;

"(f) Food preparation areas;

"(g) Churches and other similar places where people congregate for worship; and

"(h) Within the building and premises of government offices, except for DVAs.

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

"(a) For any violation of Section 15, if the offender is a person; and Section 17, if the offender is a juridical person, the following shall be imposed:

"(i) On the first offense, a fine of P5,000;

"(ii) (ii) On the second offense, a fine of  P10,000; and

"(iii) On the third offense, a fine of P20,000: Provided, That the business permits and licenses, in the case of a business entity or establishment, shall be revoked or canceled. xxx"

There are Designated Vaping Areas. Penalties from P5,000 to P20,000 await smokers who will disobey the law. Hope this helps.

Atty. Chris Liquigan