QuestionsQuestions (DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 04, S. 2008)
It prescribes the rules and regulations on the licensing of local and foreign companies to use the Philippine Standard (PS) Quality and/or Safety Certification Mark, including the responsibilities of the Bureau of Product Standards (BPS), licensing process, terms and conditions, audits, and grounds for suspension/withdrawal/cancellation.
It is a mark of conformity appearing on a product (or its package, when direct marking is not possible) indicating certification of conformity to relevant PS quality and/or safety standards under the Mark Scheme.
Conformity means fulfillment of requirements of a standard. Non-conformity means non-fulfillment of those requirements. Certification of conformity is an independent system, after satisfactory factory and product audits, establishing adequate confidence that a manufacturer’s identified product meets the requirements of a standard.
BPS and the Bureau Director authorize licensing and conduct/oversee audits; auditors are qualified and authorized persons registered with BPS or an international registration body; testing/inspection/certification bodies may be recognized to undertake conformity assessment; and applicants/licensees are the companies seeking/holding the license.
The application must be standard-specific, site-specific, and brand-specific. Separate applications are required for products covered by different standards, and separate applications are required for the same products manufactured in different plant sites.
The application must be filed in triplicate on BPS Form PS/SF01, including an undertaking to abide by license terms. It must be duly subscribed and sworn by the applicant or authorized representative, and supported by information on company capability to manufacture consistent conforming products in the form of a Quality Manual.
BPS/DTS-recognized auditors or bodies perform conformity audits for evaluation of applications. After issuance, licensees are subject to at least once-a-year surveillance audits to ensure continued compliance with specific standards and license terms; BPS may also conduct market monitoring of covered mandatory products.
It takes effect on the date of issue and is valid for three (3) years, subject to a minimum annual surveillance audit. It may be suspended, withdrawn, or cancelled at any time for cause.
Key obligations include compliance with relevant laws and BPS orders; ensuring products consistently conform and maintaining a quality management system aligned with ISO 9001:2000 and future amendments; using the mark only on certified products; establishing a product recall and complaint-addressing system with records; allowing audit access for evaluation; notifying BPS of certain changes; paying applicable fees; and acknowledging the license is non-transferable.
The licensee must establish and maintain a system of product recall and addressing complaints from clients/customers concerning certified products, and must maintain records of such activities.
No. The license is explicitly non-transferable. If used outside the allowed holder/coverage, it would constitute a violation of terms, which is sufficient grounds for suspension, withdrawal, or cancellation.
It must inform BPS in writing within one (1) month after transfer. Further, the license is deemed valid only after a factory and product audit at the new site by BPS/DTI auditors or recognized counterparts.
Using the PS mark on a product not covered by the license or in a misleading manner; using the mark when the license has been suspended/withdrawn/cancelled; forging the Bureau Director’s signature to secure/use a license; using falsified documents/records in obtaining a license; and violating any terms and conditions.
Among others: failure of products bearing the mark to conform to standards through surveillance audit/market monitoring; failure to comply with license terms; false statements in connection with application or maintenance; violation of provisions of the DAO; and violation of enumerated trade/industry laws referenced in the DAO.
The Bureau Director must serve a notice stating the grounds and granting the licensee an opportunity to be heard within fifteen (15) days from receipt of the notice.
The applicant must file a motion for reconsideration within ten (10) working days from date of denial with the official who rendered the decision. If sustained, an appeal to the Appeals Committee must be filed within fifteen (15) days from receipt of the denial letter. The appeal to the Appeals Committee is limited to situations involving grave abuse of discretion amounting to lack/excess jurisdiction. A further appeal may be made to the Secretary of Trade and Industry within fifteen (15) days from receipt of the Appeals Committee decision.
BPS must ensure confidentiality of information received and gathered relative to the scheme, except upon orders of a court of competent jurisdiction.
Upon its publication in a national newspaper of general circulation or the Official Gazette.