Only NTA administrator can sit in tobacco committee – DOJ

Only the administrator of the National Tobacco Administration (NTA) can sit as a member of the InterAgency Committee-Tobacco (IAC-T) and cannot appoint a representative to it, according to the Department of Justice (DOJ).

Citing Republic Act 9211 or the Tobacco Regulation Act of 2003, the DOJ, in a legal opinion, said only department secretaries can appoint their undersecretaries as their authorized representative to IAC-T.

Under the law, the IAC-T should be composed of the NTA administrator, a representative of the tobacco industry, a representative of a non-government organization in public health promotion nominated by the Department of Health, and the secretaries of the DOJ, DOH, Department of Agriculture, Department of Finance, Department of Environment and Natural Resources, Department of Science and Technology, and Department of Education.

The committee is co-chaired by the secretaries of the Department of Trade and Industry and the DOH.

The justice department pointed out that the IAC-T is tasked to “balance the State’s policy in regulating the use, sale and advertisements of tobacco products to promote a healthful environment and protect its citizens from the hazards of tobacco smoke, and at the same time, ensure the interests of tobacco farmers, growers, workers and stakeholders are not adversely compromised.”

In the same legal opinion, the DOJ said appointing government officials lower than the rank of undersecretary as representatives to the IAC-T is not allowed under RA 9211.

“The rationale for limiting to undersecretary level the representation in the IAC-T takes into account the powers to be exercised by the designated officers in implementing the provisions of RA No. 9211,” it said.