Dear PAO,

Last week, I needed to refuel my car, and I noticed a man vaping within the gas station premises. I know about the prohibition on smoking in gas stations, but is there also a prohibition on vaping?

Beatriz

Dear Beatriz,

The State, in its goal to protect public health, has institutionalized strategies to promote a healthy and balanced lifestyle. A part of these strategies is the implementation of regulations on the use of vapes in public places.

Republic Act (RA) 11900, otherwise known as the Vaporized Nicotine and Non-Nicotine Product Regulation Act, establishes a particular restriction on the use of vaporized nicotine and non-nicotine products. According to Section 15(c) of the said law, the use of these products is prohibited in certain locations. Particularly:

“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 [Designated Vaping Areas], 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: x x x

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

To answer your question, the law explicitly prohibits the use of vaporized nicotine and non-nicotine products in gas stations. Thus, if the man you saw is caught vaping within the premises of the gas station, he may face appropriate penalties for violating this law.

Section 23(a) of the same law prescribes the appropriate penalties for the use of vape in prohibited places. Accordingly:

“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 Five thousand pesos (P5,000.00);

“(ii) On the second offense, a fine of Ten thousand pesos (P10,000.00); and

“(iii) On the third offense, a fine of Twenty thousand pesos (P20,000.00): Provided, That the business permits and licenses, in the case of a business entity or establishment, shall be revoked or cancelled.”

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for chief Acosta may be sent to [email protected]