Persons Liable for Violations (Section 2A)
- Liability extends to those who sell, offer for sale, barter, exchange, or possess with intent to sell any fraudulently advertised or misbranded articles.
- Natural persons liable either as principals or agents.
- Juridical persons liable include presidents, managers, equivalent officers, and all board members of firms or corporations.
- Manufacturers, repackers, and importers are principals.
- Distributors and retailers are agents if they expressly represent principals or fall under Article 1868 of the Civil Code.
Liability of Retailers Not Principals or Agents
- Retailers who are neither principals nor agents are nonetheless liable if:
- They fail to report to the Department of Trade and Industry (DTI) within 24 hours upon discovering goods sold to them appear mislabeled or misbranded.
- They do not withdraw the suspicious goods from sale after receiving due notice, pending DTI validation of any report.
- The DTI must validate any report within 72 hours from discovery.
Revocation of Previous Inconsistent Rules (Section 2)
- All prior rules and regulations conflicting with this Order are revoked to ensure conformity and clarity in enforcement.
Effectivity (Section 3)
- The amended rules and regulations take effect immediately upon their publication in a newspaper of general circulation.
Legal Basis and Authority
- Promulgated pursuant to powers granted under the Administrative Code of 1987 and Act No. 3740 as amended.
- Enforced by the Department of Trade and Industry, led by the Secretary at the time of issuance.