Article 72Supplement v1, p. 72

COMMERCIAL LAWS SUPPLEMENT

department.

The

manufacturer

shall

avail

of

the

Philippine

Standard

Certification

Mark

which

the

department shall grant after determining the product's

compliance with the relevant standard in accordance

with the implementing rules and regulations.

ARTICLE 15. Imported Products . — a) Any consumer

product offered for importation into the customs of the

Philippine territory shall be refused admission if such

product:

1) fails to comply with an applicable consumer product

quality and safety standard or rule;

2) is or has been determined to be injurious, unsafe and

dangerous;

3) is substandard; or

4) has material defect.

b) Samples of consumer products being imported into

the Philippines in a quantity necessary for purposes of

determining the existence of any of the above causes for

non-admission

may

be

obtained

by

the

concerned

department or agency without charge from the owner or

consignee

thereof.

The

owner

or

consignee

of

the

imported consumer product under examination shall be

afforded an opportunity to a hearing with respect to the

importation of such products into the Philippines. If it

appears from examination of such samples or otherwise

that an imported consumer product does not conform to

the consumer product safety rule or its injurious, unsafe

and dangerous, is substandard or has a material defect,

such product shall be refused admission unless the

owner or the consignee thereof manifests under bond

that none of the above ground for non-admission exists

or that measures have been taken to cure them before

they are sold, distributed or offered for sale to the general

public.

Any consumer product, the sale or use of which has been

banned or withdrawn in the country of manufacture,

shall not be imported into the country.

c) If it appears that any consumer product which may not

be admitted pursuant to paragraph (a) of this Article can

be so modified that it can already be accepted, the

concerned department may defer final determination as

to the admission of such product for a period not

exceeding ten (10) days, and in accordance with such

regulations as the department and the Commissioner of

Customs shall jointly promulgate, such product may be

released from customs custody under bond for the

purpose

of

permitting

the

owner

or

consignee

an

opportunity to so modify such product.

d) All modifications taken by an owner or consignee for

the

purpose

of

securing

admission

of an imported

consumer product under paragraph (c) shall be subject to

the supervision of the concerned department. If the

product cannot be so modified, or if the owner or

consignee is not proceeding to satisfactorily modify such

product,

it

shall

be

refused

admission

and

the

department may direct redelivery of the product into

customs custody, and to seize the product if not so

redelivered.

e) Imported consumer products not admitted must be

exported,

except

that

upon

application,

the

Commissioner of Customs may permit the destruction of

the product if, within a reasonable time, the owner or

consignee thereof fails to export the same.

f)

All

expenses

in

connection

with

the

destruction

provided for in this Article, and all expenses in connection

with the storage, cartage or labor with respect to any

consumer product refused admission under this Article,

shall be paid by the owner or consignee and, in default of

such payment, shall constitute a lien against any future

importation made by such owner or consignee.

ARTICLE

16.

Consumer

Products

for

Export .

—

The

preceding article on safety not apply to any consumer

product if:

a) it can be shown that such product is manufactured,

sold or held for sale for export from the Philippines, or

that such product was imported for export, unless such

consumer product is in fact distributed in commerce for

use in the Philippines; and

b) such consumer product or the packaging thereof

bears a stamp or label stating that such consumer

product is intended for export and actually exported.

ARTICLE 17. Powers, Functions and Duties . — In addition

to their powers, functions and duties under existing laws,

the

concerned

department

shall have the following

powers, functions and duties:

a) to administer and supervise the implementation of this

Article and its implementing rules and regulations;

b) to undertake researches, develop and establish quality

and

safety

standards

for

consumer

products

in

coordination

with

other

government

and

private

agencies closely associated with these products;

c) to inspect and analyze consumer products for purposes

of determining conformity to established quality and

safety standards;

d) to levy, assess, collect and retain fees as are necessary

to cover the cost of inspection, certification, analysis and

tests of samples of consumer products and materials

submitted in compliance with the provisions of this

Article;

e) to investigate the causes of and maintain a record of

product-related deaths, illnesses and injuries for use in

researches

or

studies

on

the

prevention

of

such

product-related deaths, illnesses and injuries.

f) to accredit independent, competent non-government

bodies, to assist in (1) monitoring the market for the

presence of hazardous or non-certified products and

other forms of violations of Article 18; and (2) other

appropriate

means

to

expand

the

monitoring

and

enforcement outreach of the department in relation to its

manpower, testing and certification resources at a given

time.

g)

to

accredit

independent

competent

testing

laboratories.

Prohibited Acts Penalties

ARTICLE 18. Prohibited Acts . — It shall be unlawful for any

person to:

a)

manufacture

for

sale, offer for sale, distribute in

commerce, or import into the Philippines any consumer

product which is not in conformity with an applicable

consumer

product

quality

or

safety

standard

promulgated in this Act;

b)

manufacture

for sale, offer for sale, distribute in

commerce, or import into the Philippines any consumer

product which has been declared as banned consumer

product by a rule in this Act;

c) refuse access to or copying of pertinent records or fail

or refuse to permit entry of or inspection by authorized

officers or employees of the department;

d) fail to comply with an order issued under Article 11

relating to notifications of substantial product hazards

and to recall, repair, replacement or refund of unsafe

products;

e) fail to comply with the rule prohibiting stockpiling.

ARTICLE 19. Penalties . — a) Any person who shall violate

any provision of Article 18 shall upon conviction, be

subject to a fine of not less than One thousand pesos

(P1,000.00)

but

not more than Ten thousand pesos

(P10,000.00) or imprisonment of not less than two (2)

months but not more than one (1) year, or both upon the

discretion of the court. If the offender is an alien, he shall

be deported after service of sentence and payment of

fine without further deportation proceedings.

b) In case the offender is a naturalized citizen, he shall, in

addition to the penalty prescribed herein, suffer the

penalty of cancellation of his naturalization certificate

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