Article 84Supplement v1, p. 84

COMMERCIAL LAWS SUPPLEMENT

the concerned department by regulation 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" with a bright

red or orange color with a black symbol on all other

hazardous substances;

(v) a clear statement as to the possible injury it may cause

if used improperly;

(vi) precautionary measures describing the action to be

followed or avoided;

(vii)

instructions

when

necessary

or

appropriate

for

first-aid treatment;

(viii) the word "poison" for any hazardous substance

which is defined as highly toxic;

(ix) instructions for handling and storage of packages

which require special care in handling and storage; and

(x) the statement "keep out of the reach of children", or its

practical equivalent, if the article is not 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 is located prominently in bright red and

orange color with a black symbol in contrast typography,

layout or color with the other printed matters on the

label.

ARTICLE 92. Exemptions . — If the concerned department

finds that for good or sufficient reasons, full compliance

with

the

labeling requirements otherwise applicable

under this Act is impracticable or is not necessary for the

adequate protection of public health and safety, it shall

promulgate regulations exempting such substances from

these requirements to the extent it deems consistent

with the objective of adequately safeguarding public

health and safety, and any hazardous substance which

does not bear a label in accordance with such regulations

shall be deemed mislabeled hazardous substance.

ARTICLE 93. Grounds for Seizure and Condemnation of

Mislabeled Hazardous Substances . — a) Any mislabeled

hazardous substance when introduced into commerce or

while held for sale shall be liable to be proceeded against

and

condemned

upon

order

of

the

concerned

department in accordance with existing procedure for

seizure

and

condemnation

of articles in commerce:

Provided , That this Article shall not apply to a hazardous

substance intended for export to any foreign country if:

1) it is in a package labeled in accordance with the

specifications of the foreign purchaser;

2) it is labeled in accordance with the laws of the foreign

country;

3) it is labeled on the outside of the shipping package to

show that it is intended for export; and

4) it is so exported,

b)

any

hazardous substance condemned under this

Article shall after entry of order of condemnation be

disposed of by destruction or sale as the concerned

department may direct, and the proceeds thereof, if sold,

less the legal cost and charges, shall be paid into the

treasury of the Philippines; but such hazardous substance

shall not be sold under any order which is contrary to the

provisions of this Act: Provided , That, after entry of the

order and upon the payment of the costs of such

proceedings and the execution of a good and sufficient

bond conditioned that such hazardous substance shall

not be sold or disposed of contrary to the provisions of

this Act, the concerned department may direct that such

hazardous substance be delivered to or retained by the

owner thereof for destruction or for alteration to comply

with the provisions of this Act under the supervision of an

officer or employee duly designated by the concerned

department. The expenses for such supervision shall be

paid by the person obtaining release of the hazardous

substance under bond.

c)

all

expenses

in

connection

with

the

destruction

provided for in paragraphs (a) and (b) of this Article and

all expenses in connection with the storage and labor

with respect to such hazardous substance shall be paid

by the owner or consignee, and default in such payment

shall constitute a lien against any importation by such

owner or consignee.

ARTICLE 94. Labeling Requirements of Cigarettes . — All

cigarettes for sale or distribution within the country shall

be contained in a package which shall bear the following

statement

or

its

equivalent

in

Filipino:

"Warning"

Cigarette Smoking is Dangerous to Your Health". Such

statement shall be located in conspicuous place on every

cigarette package and shall appear in conspicuous and

legible type in contrast by typography, layout or color

with

other

printed

matter

on

the

package.

Any

advertisement

of

cigarette

shall

contain

the

name

warning as indicated in the label.

ARTICLE 95. Penalties . — a) Any person who shall violate

the provisions of Title III, Chapter IV of this Act, or its

implementing rules and regulations, except Articles 81 to

83 of the same Chapter, shall be subject to a fine of not

less than Five hundred pesos (P500.00) but not more

than

Twenty

thousand

pesos

(P20,000.00)

or

imprisonment of not less than three (3) months but not

more than two (2) years or both, at the discretion of the

court: Provided , That, if the consumer product is one

which is not a food, cosmetic, drug, device or hazardous

substance, the penalty shall be a fine of not less than Two

hundred

pesos

(P200.00)

but

not

more

than

Five

thousand pesos (P5,000.00) or imprisonment of not less

than one (1) month but not more than one (1) year or

both, at the discretion of the court.

b) Any person who violates the provisions of Article 81 to

83 for the first time shall be subject to a fine of not less

than Two hundred pesos (P200.00) but not more than

Five thousand pesos (P5,000.00) or by imprisonment of

not less than one (1) month but not more than six (6)

months or both, at the discretion of the court. A second

conviction under this paragraph shall also carry with it

the penalty of revocation of business permit and license.

CHAPTER V Liability for Product and Service

ARTICLE 96. Implementing Agency . — The Department of

Trade and Industry shall enforce the provisions of this

Chapter and its implementing rules and regulations.

ARTICLE 97. Liability for the Defective Products . — Any

Filipino

or

foreign

manufacturer,

producer,

and any

importer, shall be liable for redress, independently of

fault, for damages caused to consumers by defects

resulting

from

design,

manufacture,

construction,

assembly

and

erection,

formulas

and

handling

and

making up, presentation or packing of their products, as

well as for the insufficient or inadequate information on

the use and hazards thereof.

A product is defective when it does not offer the safety

rightfully expected of it, taking relevant circumstances

into consideration, including but not limited to:

a) presentation of product;

b) use and hazards reasonably expected of it;

c) the time it was put into circulation.

A product is not considered defective because another

better quality product has been placed in the market.

The manufacturer, builder, producer or importer shall not

be held liable when it evidences:

a) that it did not place the product on the market;

b) that although it did place the product on the market

such product has no defect;

© Compiled by RGL

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