Section 32Sec./Art. 32

LPG Cylinder Improvement Program. Within six (6) months from the effectivity of this Acts implementing rules and regulations, the DOE shall, together with the DTI and in consultation with all LPG industry participants, consumer groups, and other public and private stakeholders, formulate and publish an LPG Cylinder Improvement Program which shall include, among others, the entities responsible for establishing and the amount to be set aside for the LPG Cylinder Improvement Program fund, the allowed uses and entities authorized to utilize the fund, and the procedures for access and audit of the fund.

The LPG Cylinder Improvement Program shall be governed by the following principles:

(a) It shall be aligned with the LPG Cylinder Exchange and Swapping Program as specified in this Act;

(b) The safety of LPG cylinders shall be paramount towards the protection of all end-consumers;

(c) All LPG industry participants shall take part in the LPG Cylinder Improvement Program;

(d) A generic LPG cylinder or LPG cylinder without a trademark owner shall first be requalified and then permanently marked with the trademark or trade name of the trademark owner who was last in possession of the LPG cylinder, and such trademark owner shall be the owner of the LPG cylinder exercising such rights and obligations pursuant to this Act;

(e) The program shall not apply to generic LPG cylinders or LPG cylinders without trademark owners which:

(1) Have been illegally imported, or

(2) Are defective, injurious, unsafe, and dangerous;

(f) All arrangements, agreements, and contracts entered into between participants shall be executed using fair, reasonable, and nondiscriminatory terms; and

(g) Any arrangement which may significantly increase the retail price of LPG-filled cylinders shall be subject to consultation with consumer groups and LPG industry participants.

The DOE and DTI shall determine the transition period for the permanent marking of all generic LPG cylinders and LPG cylinders without a trademark or trade name in circulation in the market which were not illegally imported and are not defective, injurious, unsafe, and dangerous: Provided, That such transition period shall not be beyond three (3) years from the time of the effectivity of the LPG Cylinder Improvement Program. The DOE shall, together with the DTI and in coordination with LPG industry participants, create a task force including the public and private stakeholders to assist in the implementation of the PLG Improvement Program.

CHAPTER VIII

MONITORING AND ENFORCEMENT MECHANISMS