Enabling Business, Empowering Consumers

DEPARTMENT ADMINISTRATIVE ORDER NO. 02 : 2007  Defining the Responsibilities and Liabilities of Manufacturers, Importers, Traders, Wholesalers, Distributors, Retailers and Agents with regard to products/services covered by Philippine Standard Certification Mark Schemes and prescribing penalties for violations thereof

Enabling Business, Empowering Consumers LIST OF PRODUCTS UNDER THE BPS PRODUCT CERTIFICATION SCHEME  HOUSEHOLD APPLIANCES  LAMPS & LIGHTING PRODUCTS  WIRING DEVICES, WIRES & CABLES  MECHANICAL & CONSTRUCTION MATERIALS  CHEMICAL & CONSUMER PRODUCTS

Enabling Business, Empowering Consumers PHILIPPINE STANDARD CERTIFICATION MARK SCHEME  IMPORT COMMODITY CLEARANCE (ICC)  PHILIPPINE STANDARD QUALITY CERTIFICATION MARK LICENSE

Enabling Business, Empowering Consumers IMPORT COMMODITY CLEARANCE (ICC) refers to a document issued by DTI/BPS attesting that the imported product covered by mandatory standard conforms to the specific Philippine National Standard

Enabling Business, Empowering Consumers PHILIPPINE STANDARD QUALITY CERTIFICATION MARK LICENSE  a document issued by DTI/BPS attesting that the locally-manufactured product covered by mandatory standard conforms to the specific Philippine National Standard

Enabling Business, Empowering Consumers RESPONSIBILITIES OF MANUFACTURER, IMPORTER, DISTRIBUTOR/WHOLESALER / RETAILER  MANUFACTURER of any product covered by mandatory product certification are required to first secure a PS license prior to selling, offering for sale and disposing of their products  MANUFACTURER shall ensure that their products comply with the applicable mandatory product certification and have the PS mark clearly reflected, imprinted and/or embossed on the product or packaging

Enabling Business, Empowering Consumers RESPONSIBILITIES OF MANUFACTURER, IMPORTER, DISTRIBUTOR/WHOLESALER / RETAILER  IMPORTERS of any product covered by mandatory product certification are required to first secure an Import Commodity Clearance prior to selling, offering for sale or disposing of their products  IMPORTERS shall ensure that all its imported products comply with the requisite product certification, product markings and labellings

Enabling Business, Empowering Consumers RESPONSIBILITIES OF MANUFACTURER, IMPORTER, DISTRIBUTOR/WHOLESALER / RETAILER  DISTRIBUTORS,WHOLESALERS, RETAILERS shall sell or offer for sale only products that complied with the requisite Philippine National Standard and with the required PS mark or with valid ICC

Enabling Business, Empowering Consumers RESPONSIBILITIES OF MANUFACTURER, IMPORTER, DISTRIBUTOR/WHOLESALER / RETAILER  MANUFACTURERS, IMPORTERS, DISTRIBUTORS, WHOLESALERS, RETAILERS shall allow authorities to conduct inspection in their premises and access to pertinent records subject however, to the presentation of a written authorization by the head of the inspection authority

Enabling Business, Empowering Consumers REQUISITE LICENSE/ CERTIFICATE - For any manufactured products covered by mandatory certification, the applicable PS License is required before any sale is permitted - For any imported product covered by mandatory certification, an ICC is required before any sale is permitted

Enabling Business, Empowering Consumers REQUISITE LICENSE/CERTIFICATE As a rule, all products covered by PS certification mark scheme must carry and display on the product itself all necessary identification marks required by and in the manner specified in the applicable PNS. - In case a product does not allow markings to be carried by and displayed on the product itself, the product’s packaging, labels, identifying tags or container must bear and clearly display the required product-related information and markings.

Enabling Business, Empowering Consumers REQUISITE LICENSE/CERTIFICATE - All marks and markings shall be clear and legible and must not be misleading. - In case of deformed steel bars, logos that are used shall be registered and approved by BPS.

Enabling Business, Empowering Consumers PROHIBITED ACTS - LICENSE RELATED - - distribution, sale, offer for sale or manufacture of any products with PS mark but without valid PS License - - importation, distribution, sale, offer for sale of imported products covered by mandatory product certification without Import Commodity Clearance (ICC) certificate

Enabling Business, Empowering Consumers PROHIBITED ACTS PRODUCT RELATED - importation, distribution, sale, offer for sale or manufacture of any products covered by mandatory product certification which does not bear the BPS required identification and product markings

Enabling Business, Empowering Consumers PROHIBITED ACTS PRODUCT RELATED - importation, distribution, sale, offer for sale or manufacture of any products covered by mandatory product certification under a fake, withdrawn, suspended or cancelled BPS license

Enabling Business, Empowering Consumers PROHIBITED ACTS PRODUCT RELATED - importation, distribution, sale, offer for sale of imported products with ICC marks but without valid Import Commodity Clearance

Enabling Business, Empowering Consumers PENALTIES AND SANCTIONS After investigation and hearing, any of the following administrative penalties may be imposed : - Issuance of cease and desist order - Seizure, forfeiture or condemnation of the products which are the subject of the offense (confiscation) - Imposition of an administrative fine

Enabling Business, Empowering Consumers PENALTIES AND SANCTIONS - Fines are likewise meted out on a per violation of type/size/PS license/ICC certificate basis. Likewise, fines to be imposed are based on the nature of the offense and the frequency of violation considering among others the aggravating or mitigating circumstance - Cancellation of any permit, license or registration or suspension of the validity thereof which shall not however, exceed one year.

Enabling Business, Empowering Consumers PENALTIES AND SANCTIONS Submission of a recommendation to the LGU concerned for the cancellation/suspension of Mayor’s Business Permit - Closure of the business establishment for a period not exceeding one year

Enabling Business, Empowering Consumers PENALTIES AND SANCTIONS MITIGATING CIRCUMSTANCES : - voluntary admission of guilt - willingness to enter into compromise agreement - willingness to furnish evidence and/or testify against supplier/manufacturer

Enabling Business, Empowering Consumers PENALTIES AND SANCTIONS AGGRAVATING CIRCUMSTANCES : - failure to divulge the identity of the source/manufacturer/importer of any products - unjustified absence during mediation, conference or hearing - falsification of official documents as a means to hide violation- - failure/refusal without any valid reason to comply or execute any undertaking (to desist from further violating Trade & Industry Law)

Enabling Business, Empowering Consumers Thank you. FOLLOW US on your favorite social @DTI.Philippines 23