Proposed ordinance against ‘illicit trade, fake goods’ up for public hearing

Advocates of tobacco harm reduction (THR) urged adult smokers to discern the science behind non-combustible alternatives as misleading and false information may push them away from switching to better nicotine alternatives like vapes and heated tobacco products (HTPs).

“The cigarette is the single most deadly consumer product ever made,” said Ruth Malone, a professor at the University of California. /AFP

CEBU CITY, Philippines — With a favorable review from the Cebu City Council’s Committee on Laws, Ordinance, and Styling, the proposed ordinance of Vice Mayor Raymond Alvin Garcia against illicit trade and fake goods sold in the city is now up for public hearing.

A public hearing is required considering that there are penal provisions involved in Garcia’s proposed ordinance.

The committee in its report said that the proposed ordinance, which would impose on the business permits issued by the mayor of Cebu City, would be an exercise of police power by the city council.

READ: VM Garcia files ordinance vs fake goods, illicit tobacco trade

Consistent with national laws

Moreover, the regulation of the proliferation of illicit tobacco products is “consistent with national laws” such as Republic Act No. 9211 and the National Internal Revenue Code as amended by RA 10351, the committee said.

Garcia’s proposed “Anti-Illicit Trade and Fake Goods Ordinance” seeks to curtail the proliferation of illicit tobacco products in the city.

Tobacco products are defined as “cigarettes, vapor products, and heated tobacco products that have no genuine internal revenue stamp, or do not have the graphic health warnings required under Republic Act No. 10643 or do not comply with the minimum or floor price as required by laws and regulations.

Express conditions

Under Garcia’s proposed ordinance, business permits issued by the city government shall be deemed to include the express conditions that (1) the licensee shall not engage in the sale, rental, transfer, distribution, manufacture, and/or production of pirated, counterfeit, or fake goods, articles, and/or services and illicit tobacco products, and that (2) that the licensee shall not allow other persons to commits said acts within its business establishment.

If approved, violators of the ordinance risk facing a penalty that can range from 15 days suspension of business permit or license up to imprisonment of not exceeding one year and a fine not exceeding P5,000.

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