Article 69Supplement v1, p. 69

COMMERCIAL LAWS SUPPLEMENT

administered through continuous contact with the bare

skin for twenty-four hours or less.

am) "Home solicitation sale" means consumer sales or

leases which are personally solicited by any person or

organization by telephone, person-to-person contact or

by written or printed communication other than general

advertising or consummated at the buyer's residence or a

place of business, at the seller's transient quarters, or

away from a seller's regular place of business.

an)

"Immediate

container"

means

the

container

or

package which is immediately after or near the substance

but does not include package liners.

ao) "Imminently hazardous product" means a consumer

product which presents an unreasonable risk of death,

serious illness or severe personal injury.

ap) "Irritant" means any substance not corrosive within

the meaning of paragraph (t) of this Article which, on

immediate, prolonged or repeated contact with normal

living tissue will induce a local inflammatory reaction.

aq) "Label, labeling" means the display of written, printed

or

graphic

matter

on

any

consumer

product,

its

immediate container, tag, literature or other suitable

material

affixed

thereto

for

the

purpose

of

giving

information as to the identity, components, ingredients,

attributes, directions for use, specifications and such

other

information

as

may

be

required

by

law

or

regulations.

ar) "Manufacture" means any and all operations involved

in the production, including preparation, propagation,

processing,

formulating,

filling,

packing,

repacking,

altering, ornamenting, finishing or otherwise changing

the container, wrapper or labeling of a consumer product

in the furtherance of the distribution of the same from

the original place of manufacture to the person who

makes the final delivery or sale to the ultimate consumer.

as) "Manufacturer" means any person who manufactures,

assembles or processes consumer products, except that if

the goods are manufactured, assembled or processed for

another person who attaches his own brand name to the

consumer products, the latter shall be deemed the

manufacturer.

In

case

of

imported

products,

the

manufacturer's representative or, in his absence, the

importer, shall be deemed the manufacturer.

at) "Mass media" refers to any means or methods used to

convey

advertising

messages to the public such as

television, radio, magazines, cinema, billboards, posters,

streamers, hand bills, leaflets, mails and the like.

au) "Materially defective product" means a product

which, because of the pattern of the defect, the number

of defective products distributed in commerce and the

severity of the risk or otherwise, creates a substantial risk

of injury to the public.

av)

"Mislabeled

hazardous

substance"

means

any

hazardous substance intended, or packaged in a form

suitable, for use in households, especially by children, the

packaging or labeling of which is in violation of the

special packaging regulation issued by the Department

of Health under Article 91 or if such substance fails to bear

a label which (1) states conspicuously (i) the name and the

exact address of the manufacturer, packer, distributor or

seller; (ii) the common or usual name of the hazardous

substance

or of each component which contributes

substantially to the harmfulness of the substance, unless

the

Department

by

regulation

approved

by

the

Department

permits

or

requires

the

use

of

the

recognized generic name; (iii) the signal word "danger" on

substances which are extremely flammable, corrosive, or

highly toxic; (iv) the signal word "warning" or "caution" on

all other hazardous substances; (v) a frank statement of

the principal hazard or hazards involved, as "flammable",

"vapor harmful", "causes burns", "absorbed through skin",

or similar wording describing the action to be followed or

avoided, except when modified by regulation by the

Department pursuant to Section 46; (vi) instructions,

when necessary or appropriate, for first aid treatment; (vii)

the word "poison" for any hazardous substance which is

defined as highly toxic; (viii) instructions for handling and

storage

of

packages

which

require

special

care

in

handling or storage; and (ix) the statement "keep out of

the reach of children", or its practical equivalent, if the

article is intended for use by children and is not a banned

hazardous substance, with adequate directions for the

protection of children from the hazard involved. The

aforementioned

signal

words, affirmative statements,

description

of

precautionary

measures,

necessary

instructions or other words or statements may be in the

English language or its equivalent in Filipino; and

(2) on which any statement required under clause (1) of

this paragraph are located prominently and in contrast by

typography are located prominently and in contrast by

typography, layout, with other printed matters on the

label.

aw) "New Drugs" mean (1) any drug the composition of

which is such that said drug is not generally recognized

among

experts

qualified

by

scientific

training

and

experience to evaluate the safety, efficacy, and quality of

drugs as safe, efficacious and of good quality for use

under

the

conditions

prescribed,

recommended,

or

suggested in the labeling thereof; or (2) any drug the

composition of which is such that said drug, as a result of

its previous investigations to determine its safety, efficacy

and good quality for use under certain conditions, has

become so recognized but which has not, otherwise than

in such investigations, been used to a material extent or

for a material time under new conditions.

"New Drugs" shall include drugs (a) containing a newly

discovered active ingredient; (b) containing a new fixed

combination of drugs, either by molecular or physical

combination; (c) intended for new indications; (d) an

additional new mode of administration; or (e) in an

additional dosage or strength of the dosage form, which

meets the conditions as defined under the new drug.

The

definition

of

"new drugs" covers to the extent

applicable, "new devices".

ax) "New Product" means a consumer product which

incorporates

a

design,

material

or

form

of

energy

exchange

which

has

not

previously

been

used

substantially in consumer products and as to which there

exists a lack of adequate information to determine the

quality

and

safety

of

such

product

if used by the

consumers.

ay) "Open-end-credit plan" means a consumer credit

extended on an account pursuant to a plan under which:

1) the creditor may permit the person to make purchases

or obtain loans, from time to time, directly from the

creditor or indirectly by use of credit card, check or other

device;

2) the person has the privilege of paying the balance; or

3) a finance charge may be computed by the creditor

from time to time on an outstanding unpaid balance.

az) "Package" or "packaging" means any container or

wrapping in which any consumer product is enclosed for

use in the delivery or display of that consumer product to

retail purchasers, but does not include:

1) shipping containers or wrappings used solely for the

transportation of any consumer product in bulk or in big

quantities by manufacturers, packers, or processors to

wholesale retail distributors thereof;

2)

shipping

containers

or

outer wrappings used by

retailers to ship or deliver any product to retail customers

if such containers and wrappings bear no printed matter

pertaining any particular product;

3) The wrappers or containers of consumer products sold

in small quantities by small retail stores to the consumer

which by tradition are wrapped with ordinary paper.

ba)

"Person"

means

any

individual,

partnership,

corporation

or

association,

trust,

government

or

governmental subdivision or any other legal entity.

© Compiled by RGL

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