Article 70Supplement v1, p. 70

COMMERCIAL LAWS SUPPLEMENT

bb) "Poisonous substance" means any substance capable

of destroying life or seriously endangering health when

applied externally to the body or introduced internally in

moderate doses.

bc) "Price comparison" means the direct comparison in

any advertisement of a seller's current price for consumer

products or services with any other price or statement of

value for such property or services expressed in pesos,

centavos, fractions or percentages.

bd) "Price tag" means any device, written, printed, affixed

or attached to a consumer product or displayed in a

consumer repair or service establishment for the purpose

of indicating the retail price per unit or service.

be) "Principal display panel" means that part of the label

that is most likely to be displayed, presented, shown or

examined under normal and customary conditions of

display for retail or sale.

bf) "Private labeler" means an owner of a brand or

trademark on the label of consumer product other than a

manufacturer of the product.

A consumer product bears a private label if (1) the product

or its container is labeled with a brand or trademark of a

person other than its manufacturer; or (2) the brand or

trademark of the manufacturer of such product does not

appear on such label.

bg) "Radioactive substance" means any substance which

emits ionizing radiation.

bh) "Referral selling" means the sales device employed by

the sellers wherein the buyer is induced to acquire goods

or services by representing that after the acquisition of

the

goods

or

services,

he

will

receive

a

rebate,

commission or other benefit in return for the submission

of names of potential customers or otherwise helping the

seller enter into other sales, if the receipt of such benefit

is contingent on an event occurring after the sale is

made.

bi)

"Repair

and

service

firm"

means

any

business

establishment,

engaged

directly or indirectly, in the

repair, service or maintenance of any consumer product.

bk) "Retailer" means a person engaged in the business of

selling consumer products directly to consumers.

bl) "Sale or distribution" shall mean an act made by a

manufacturer or seller, or their respective representative

or agent, to make available consumer products, services

or credit to the end consumers under a consumer sale

transaction.

It

shall

not

include

sampling

or

any

distribution not for sale.

bm) "Sales Promotion" means techniques intended for

broad consumer participation which contain promises of

gain such as prizes, in cash or in kind, as reward for the

purchase of a product, security, service or winning in

contest,

game,

tournament

and

other

similar

competitions which involve determination of winner/s

and which utilize mass media or other widespread media

of information. It also means techniques purely intended

to increase the sales, patronage and/or goodwill of a

product.

bn) "Seller" means a person engaged in the business of

selling consumer products directly to consumers. It shall

include a supplier or distributor if (1) the seller is a

subsidiary or affiliate of the supplier or distributor; (2) the

seller interchanges personnel or maintains common or

overlapping officers or directors with the supplier or

distributor; or (3) the supplier or distributor provides or

exercises supervision, direction or control over the selling

practices of the seller.

bo) "Service" shall mean, with respect to repair and

service firms, services supplied in connection with a

contract

for

construction,

maintenance,

repair,

processing, treatment or cleaning of goods or of fixtures

on land, or distribution of goods, or transportation of

goods.

bp) "Services" means services that are the subject of a

consumer transaction, either together with, or separate

from any kind of personal property, whether tangible or

intangible.

bq)

"Special

packaging"

means

packaging

that

is

designed or constructed to be significantly difficult for

children five years of age to open or to obtain a toxic or

harmful amount of the substance contained therein

within a reasonable time and not difficult for normal

adults to use properly but does not mean packaging

which all such children cannot open or obtain a toxic or

harmful amount within a reasonable time.

br) "Standard" means a set of conditions to be fulfilled to

ensure the quality and safety of a product;

bs) "Strong sensitizer" means any substance which will

cause on normal living tissue, allergy or photodynamic

quality of hypersensitivity which becomes evident on

reapplication of the same substance, to be designated as

such by the implementing agency. Before designating

any substance as a strong sensitizer, the implementing

agency,

upon

consideration

of

the

frequency

of

occurrence and severity of the reaction, shall find that the

substance

has

a

significant

capacity

to

cause

hypersensitivity.

bt) "Substandard product" means a product which fails to

comply with an applicable consumer product safety rule

which creates a substantial risk of injury to the public.

bu) "Supplier" means a person, other than a consumer,

who,

in

the

course

of

his

business,

solicits,

offers,

advertises, or promotes the disposition or supply of a

consumer product or who other than the consumer,

engages

in,

enforces, or otherwise participates in a

consumer transaction, whether or not any privity of

contract actually exists between that person and the

consumer, and includes the successor to, or assignee of,

any right or obligation on of the supplier.

bv) "Technical personnel of repair and service enterprise"

shall mean a machine or technician or any person who

works or renders diagnosis or advice in connection with

repair,

service

and

maintenance

of

the

consumer

products in a repair and service firm.

bw) "Toxic substance" means any substance other than a

radioactive substance which can cause injury, illness or

death to man through ingestion, inhalation or absorption

through any body surface.

bx) "Trade name" or "trademark" means a word or words,

name, title, symbol, emblem, sign or device or any

combination thereof used as an advertisement, sign,

label, poster or otherwise for the purpose of enabling the

public to distinguish the business of the person who

owns and uses said trade name or trademark.

TITLE II

CHAPTER I Consumer Product Quality and Safety

ARTICLE 5. Declaration of Policy . — It shall be the duty of

the State:

a) to develop and provide safety and quality standards for

consumer

products,

including

performance

or

use-oriented standards, codes of practice and methods of

tests;

b) to assist the consumer in evaluating the quality,

including safety, performance and comparative utility of

consumer products;

c) to protect the public against unreasonable risks of

injury associated with consumer products;

d) to undertake research on quality improvement of

products and investigation into causes and prevention of

product related deaths, illness and injuries;

e) to assure the public of the consistency of standardized

products.

© Compiled by RGL

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