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.