Title
Mandatory Philippine National Standards for Flat Glass
Law
Bps Department Administrative Order No. 04, S. 2005
Decision Date
May 16, 2005
Mandatory implementation of Philippine National Standards for flat glass requires all manufacturers, distributors, and importers to secure certification to ensure consumer safety and product quality, addressing concerns over substandard materials in the market.

Persons covered and product coverage

  • Manufacturers, distributors, importers, and retailers of flat glass must comply with the mandatory standard.
  • The covered “flat glass” refers to products covered by PNS 193-2005 - Flat Glass-Specification.
  • The Order identifies common product types that will be affected by mandatory certification, namely:
    • Float glass, clear and tinted
    • Patterned/Figured glass, clear and tinted
    • Sheet glass
    • Wired glass, clear and tinted
    • Polished plate glass, clear and tinted
    • Polished wired glass, clear and tinted
  • Mandatory certification applies to both locally manufactured and imported flat glass intended for distribution in the market.

Mandatory compliance requirement

  • All manufacturers, distributors, importers, and retailers of flat glass must comply with the requirements of PNS 193-2005 - Flat Glass-Specification.
  • The market rule establishes that only certified flat glass, whether locally manufactured or imported, shall be allowed to be distributed in the market.
  • The mandatory certification regime is expressly tied to consumer protection and market leveling between importers and manufacturers.

Product Certification Scheme requirements

  • The DTI-BPS Product Certification Scheme requires manufacturers to secure a Philippine Standard (PS) License prior to distribution and sale.
  • The scheme requires importers to secure an Import Commodity Clearance (ICC) prior to distribution and sale.
  • Mandatory certification is implemented through the DTI-Bureau of Product Standards (DTI-BPS).
  • The requirement applies as a condition precedent before distribution and sale in the market.

Implementing guidelines and coordination

  • The DTI-BPS shall promulgate implementing guidelines that specify implementing timetables.
  • In setting implementing timetables, the DTI-BPS must take into consideration:
    • present inventory levels,
    • production capabilities of industries, and
    • testing capabilities of BPS and other testing institutions.
  • Implementation must be coordinated with:
    • the DTI Regional and Provincial Offices, and
    • the DTI - Bureau of Trade Regulation and Consumer Protection (BTRCP).

Enforcement and penalties for noncompliance

  • Manufacturers, distributors, importers, and retailers found not complying with the requirements of the Order are penalized under the applicable liability and penalty provisions of:
    • Republic Act No. 7394,
    • Executive Order No. 913, and
    • DAO No. 02:2002.
  • Penalties attach to failure to meet the mandatory requirements imposed by the Order and the certification scheme.
  • Enforcement is directed through the liability framework contained in the cited instruments.

Repeal, effectivity, and publication

  • The Order repeals or amends all other orders or parts thereof that are inconsistent with its provisions.
  • The Order takes effect fifteen (15) days after publication in two newspapers of general circulation or in the Official Gazette.
  • The Order is signed by JUAN B. SANTOS, Acting Secretary, and recommended by JESUS L. MOTOOMULL, Bureau Director, BPS.

Policy and rationale for mandatory certification

  • The Order states that flat glass is used primarily for mirrors, coatings, glazing, special application, and general architectural or similar uses.
  • It establishes consumer-safety and availability considerations by requiring flat glass to be available in a form/state that considers life, health, and safety.
  • It identifies the market problem that flat glass is not regulated, which leads to stiff competition and causes quality and safety to be sacrificed with cost.
  • It recognizes industry complaints and the need to protect consumers against hazards arising from:
    • breakages during storage, handling, or installation,
    • thickness below allowable tolerance,
    • distortion beyond acceptable levels, and
    • presence of blemishes or inclusions beyond allowable limits.
  • It records that the BPS Technical Committee on Glass and Glass Products (BPS/TC-28) developed PNS 193:2005 and recommended mandatory implementation due to consumer complaints and proliferation of substandard flat glass.
  • It states that mandatory product certification is required to ensure consumer protection and level the playing field for importers and manufacturers.

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