Section 35Sec./Art. 35

Declaration of LPG cylinder or Cartridge as Uncertified, Defective, Injurious, Unsafe, or Dangerous. When the DOE finds, motu propio or upon complaints of any person, that an LPG cylinder or cartridge is uncertified, generic, substandard, defective, injurious, unsafe, or dangerous, whichever is applicable, it shall, after due notice, issue the appropriate order for its immediate confiscation, recall, seizure, impoundment, or prohibition from public sale or distribution: Provided, That duly requalified generic LPG cylinders already in the market at the time of the effectivity of this Act which were not illegally imported shall be allowed until the lapse of the transition period as may be determined by the DOE and DTI pursuant to Section 32 of this Act.

The concerned LPG cylinder or cartridge owner shall be afforded an opportunity to be heard from the issuance of such order, for the purpose of determining the propriety of the confiscation, recall, seizure, impoundment, or prohibition from public sale or distribution of the LPG cylinders or cartridges. The DOE shall terminate the proceedings and make a final determination on whether the LPG cylinder or cartridge is uncertified, generic, substandard, defective, injurious, unsafe, or, dangerous, whichever is applicable, within thirty (30) calendar days from the issuance of the order for confiscation, recall, seizure, impoundment, or prohibition from public sale or distribution.

LPG-filled cylinders or cartridges which are confiscated, recalled, seized, or impounded and found by the DOE to pose an imminent threat to the public or in danger of exploding shall be disposed of without serving prior notice to the owners thereof. The DOE shall notify the owner of such fact within five (5) calendar days after such disposition.