Article 71Supplement v1, p. 71

COMMERCIAL LAWS SUPPLEMENT

ARTICLE 6. Implementing Agencies . — The provisions of

this Article and its implementing rules and regulations

shall be enforced by:

a) the Department of Health with respect to food, drugs,

cosmetics, devices and substances;

b)

the

Department

of

Agriculture

with

respect

to

products related to agriculture, and;

c) the Department of Trade and Industry with respect to

other consumer products not specified above.

ARTICLE 7. Promulgation and Adoption of Consumer

Product Standards . — The concerned department shall

establish consumer product quality and safety standards

which shall consist of one or more of the following:

a)

requirements

as

to

performance,

composition,

contents, design, construction, finish, packaging of a

consumer product;

b) requirements as to kind, class, grade, dimensions,

weights, material;

c) requirements as to the methods of sampling, tests and

codes used to check the quality of the product;

d) requirements as to precautions in storage, transporting

and packaging;

e) requirements that a consumer product be marked

with

or

accompanied by clear and adequate safety

warnings or instructions, or requirements respecting the

form of warnings or instructions.

For this purpose, the concerned department shall adopt

existing government domestic product quality and safety

standards:

Provided ,

That

in

the

absence

of

such

standards,

the

concerned

department

shall

form

specialized technical committees composed of equal

number of representatives from each of the Government,

business and consumer sectors to formulate, develop and

purpose consumer product quality and safety standards.

The said technical committees shall consult with the

private sector, which may, motu proprio , develop its own

quality and safety standards that shall be subject to

review

and

approval

of

the

concerned

government

agency or agencies after public hearings have been

conducted for that purpose; and shall likewise consider

existing

international

standards

recognized

by

the

Philippine Government.

ARTICLE 8. Publication of Consumer Product Standards .

— The concerned department shall, upon promulgation

of the above standards, publish or cause the publication

of the same in two (2) newspapers of general circulation

at least once a week for a period of not less than one (1)

month. It may likewise conduct an information campaign

through other means deemed effective to ensure the

proper guidance of consumers, businesses, industries and

other sectors concerned.

ARTICLE 9. Effectivity of Rules . — a) Each consumer

product standard or safety rule shall specify the date such

rule is to take effect, which shall not exceed ninety (90)

days from the date promulgated unless the concerned

department finds, for good cause shown, that a later

effective date is in the public interest and publishes its

reasons for such finding. After which, it shall no longer be

legal to, or cause to, sell or distribute the consumer

product not complying with the standards or rules.

b)

The

department

may,

by

regulation,

prohibit

a

manufacturer from stockpiling consumer products so as

to prevent such manufacturer from circumventing the

purposes of this paragraph. The term "stockpiling" means

manufacturing or importing a product between the date

of promulgation of its consumer product safety rule and

its effective date, at a rate which is significantly greater

than the rate at which such product was produced or

imported during a base period, as prescribed in the

regulation under this paragraph, ending before the date

of promulgation of consumer product safety rule.

ARTICLE 10. Injurious, Dangerous and Unsafe Products . —

Whenever the departments find, by their own initiative or

by petition of a consumer, that a consumer product is

found to be injurious, unsafe or dangerous, it shall, after

due notice and hearing, make the appropriate order for

its

recall, prohibition or seizure from public sale or

distribution: Provided , That, in the sound discretion of the

department it may declare a consumer product to be

imminently injurious, unsafe or dangerous, and order is

immediate recall, ban or seizure from public sale or

distribution,

in

which

case,

the

seller,

distributor,

manufacturer or producer thereof shall be afforded a

hearing within forty-eight (48) hours from such order.

The ban on the sale and distribution of a consumer

product adjudged injurious, unsafe or dangerous, or

imminently injurious, unsafe or dangerous under the

preceding paragraph shall stay in force until such time

that its safety can be assured or measures to ensure its

safety have been established.

ARTICLE 11. Amendment and Revocation of Declaration

of the Injurious, Unsafe or Dangerous Character of a

Consumer Product . — Any interested person may petition

the appropriate department to commence a proceeding

for the issuance of an amendment or revocation of a

consumer product safety rule or an order declaring a

consumer product injurious, dangerous and unsafe.

In case the department, upon petition by an interested

party or its own initiative and after due notice and

hearing,

determines

a

consumer

product

to

be

substandard or materially defective, it shall so notify the

manufacturer, distributor or seller thereof of such finding

and order such manufacturer, distributor or seller to:

a) give notice to the public of the defect or failure to

comply with the product safety standards; and

b) give notice to each distributor or retailer of such

product.

The

department

shall

also

direct

the manufacturer,

distributor or seller of such product to extend any or all of

the following remedies to the injured person:

a)

to

bring

such

product

into

conformity with the

requirements

of

the

applicable

consumer

product

standards or to repair the defect in order to conform with

the same;

b) to replace the product with a like or equivalent product

which complies with the applicable consumer product

standards which does not contain the defect;

c) to refund the purchase price of the product less a

reasonable allowance for use; and

d) to pay the consumer reasonable damages as may be

determined by the department.

The manufacturer, distributor or seller shall not charge a

consumer who avails himself of the remedy as provided

above of any expense and cost that may be incurred.

ARTICLE 12. Effectivity of Amendment and Revocation of

Consumer Product Safety Rule . — Any amendment or

revocation of a consumer product safety rule made by

the concerned department shall specify the date on

which it shall take effect which shall not exceed ninety

days from the date of amendment or revocation is

published unless the concerned department finds, for a

good cause shown, that a later effective date is in the

public interest and publishes its reasons for such finding.

The department shall promulgate the necessary rules for

the issuance, amendment or revocation of any consumer

product safety rule.

ARTICLE 13. New Products . — The concerned department

shall take measures to make a list of new consumer

products and to cause the publication by the respective

manufacturers

or

importers

of

such products a list

thereof together with the descriptions in a newspaper of

general circulation.

ARTICLE 14. Certification of Conformity to Consumer

Product Standards . — The concerned department shall

aim at having consumer product standards established

for every consumer product so that consumer products

shall be distributed in commerce only after inspection

and certification of its quality and safety standards by the

© Compiled by RGL

71 of 203