Title
Establish Bureau of Standards for Product Inspection
Law
Republic Act No. 4109
Decision Date
Jun 20, 1964
Republic Act No. 4109 converts the Division of Standards under the Bureau of Commerce into the Bureau of Standards, establishing standards, inspection, and certification requirements for various products in the Philippines, as well as penalties for non-compliance and false testimony.

Leadership and Personnel of the Bureau

  • Headed by a Director of Standards and two Assistant Directors (technical and administrative).
  • Appointments made by the President with the Commission on Appointments' consent.
  • Bureau personnel appointed by the Secretary of Commerce and Industry.
  • Technical personnel exempt from Wage and Position Classification Office regulations.

Scope and Functions of the Bureau

  • Responsible for establishing standards and inspecting all agricultural, forest, mineral, fish, industrial, and other Philippine products lacking existing standards by law.
  • Inspects and certifies the quality of imported commodities.
  • Determines the country of origin and compliance with buyer/importer specifications.
  • Prohibits release of articles from countries without trade relations with the Philippines.
  • Utilizes government facilities for testing until own facilities are established.

Powers and Duties of the Director of Standards

  • Possesses general powers of Bureau Chiefs under the law.
  • Establishes product standards with Secretary's approval.
  • Inspects and samples products to certify standards.
  • Inspects government and private products affecting public health and safety.
  • Certifies exported products and documents non-standardized shipments.
  • Inspects import commodities prior to release by Customs.
  • Labels imports not conforming to specifications.
  • Confiscates imports from countries without Philippine trade agreements.
  • Fixes and collects fees for inspection, certification, testing, and related scientific services.
  • Takes testimonies and evidence related to official business.
  • Investigates business practices of manufacturers and distributors upon reported violations.

Penalties for Non-Compliance and False Information

  • Non-compliance with summons or subpoenas, refusal to testify, or submission of false information results in imprisonment (2-6 months), fines (₱500-₱1,000), and deportation if alien.
  • Providing false testimony under oath carries maximum penalties.

Inspection and Certification Requirements for Customs and Commerce

  • No export or import customs documents issued without prior inspection and certification.
  • Philippine products must be certified to conform to standards before sale or export.
  • Small quantity shipments for private use exempted from certification.
  • Customs collectors must enforce prohibitions on export/import without certification.

Penalties for Illegal Shipment and Violations

  • Imprisonment (6 months to 2 years), fines (₱1,000-₱5,000), and deportation for violations related to shipments lacking required certification.
  • Corporate liability extends to responsible officers.
  • Naturalized citizens guilty of violations risk cancellation of naturalization and deportation.
  • Foreign businesses risk license revocation.
  • Public officers face dismissal and disqualification from office.

Transfer of Assets and Responsibilities

  • Division of Standards' personnel, funds, equipment, assets, and liabilities are transferred to the new Bureau.
  • Powers and functions related to standardization and inspection from earlier executive orders are also transferred.

Appropriations and Funding

  • Initial appropriation of ₱1,000,000 from the National Treasury for Bureau operations.
  • Twenty-five percent of collected fees set aside for Bureau expenses and personnel enhancement.
  • Such funds constitute a "Philippine Standardization and Inspection Fund" for improving Bureau efficiency.
  • Special budgets require approval of the President and the Secretary of Commerce and Industry.

Repeal and Separability

  • Conflicting laws, executive orders, administrative orders, or proclamations are repealed or modified.
  • Invalidity of any part of the Act does not affect the remainder except the directly involved portion.

Effectivity

  • The Act takes effect immediately upon approval.

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