Legal basis and adopting authority
- The order is issued pursuant to Republic Act 4109, Republic Act 7394, Executive Order No. 913 (Series of 1983), Executive Order No. 133 (Series of 1987), Executive Order No. 101 (Series of 1967), Department Administrative Order No. 4 (Series of 2008), Department Administrative Order No. 5 (Series of 2008), Department Administrative Order No. 2 (Series of 2007), and Sec. 10 (4), Title X Book IV of the Administrative Code of 1987.
- The order directs implementation through the DTI/BPS framework for mandatory certification.
Policy and mandatory standards adoption
- The order adopts specific Philippine National Standards (PNS) for mandatory implementation.
- The adopted standards include PNS IEC 60335-1:2011 and the following safety standards for specified household and similar electrical appliances: PNS IEC 60335-2-3:2005, PNS IEC 60335-2-4:2016, PNS IEC 60335-2-7:2016, PNS IEC 60335-2-9:2016, PNS IEC 60335-2-14:2016, PNS IEC 60335-2-15:2015, PNS IEC 60335-2-24:2013, PNS IEC 60335-2-25:2015, PNS IEC 60335-2-40:2013, PNS IEC 60335-2-80:2016, and PNS IEC 60065:2013.
- Clause 2 requires all manufacturers and importers of the covered products to comply with the adopted standards.
Covered products and implementation guidelines
- Clause 5.1.1 sets the scope of implementation for specified product types with rated voltage not more than 250 V a.c. under the listed PNS classifications, including:
- PNS IEC 60335-2-3:2005: electric dry irons and steam irons with rated voltage up to 250 V a.c.
- PNS IEC 60335-2-4:2016: spin extractors with rated voltage up to 250 V a.c.
- PNS IEC 60335-2-7:2016: single-tub and twin-tub washing machines (semi-automatic and fully-automatic), for household and similar use, with rated voltage not more than 250 V a.c.
- PNS IEC 60335-2-9:2016: portable electric toasters, stoves, hotplates, grills, ovens, turbo broilers, and induction cookers with rated voltage not more than 250 V a.c.
- PNS IEC 60335-2-14:2016: portable electric blenders, juicers, food mixers, and food processors with rated voltage up to 250 V a.c.
- PNS IEC 60335-2-15:2015: portable electric rice cookers/warmers up to 7-liter capacity, coffee makers, airpots, kettles, pressure cookers, slow cookers, and multi-cookers with rated voltage up to 250 V a.c.
- PNS IEC 60335-2-24:2013: refrigerators for household and similar use with storage capacity up to 567 liters (20 cubic feet) and rated voltage not more than 250 V a.c.
- PNS IEC 60335-2-25:2015: portable microwave ovens with rated voltage up to 250 V a.c.
- PNS IEC 60335-2-40:2013: inverter and non-inverter window-type and split-type air-conditioners with maximum rated voltage not more than 250 V for single phase and 600 V for all other types, with cooling capacity up to 38,000 kJ/hr; multi-split, ducted, ceiling cassette/suspended/concealed type air conditioning units are not within the scope of this Order.
- PNS IEC 60335-2-80:2016: electric fans for household and similar purposes with rated power up to 300 W and rated voltage not more than 250 V a.c.
- PNS IEC 60065:2013: stand-alone CDN/CDV/Blu-ray disc players and CRT and LCD panel (with CCFL or LED backlight) television sets with display size up to 55 inches, with rated voltage up to 250 V a.c.; television sets and disc players with a separate power supply are also covered.
- Clause 5.1.2 includes appliances not intended for normal household use but which may be a source of danger to the public (for use in commercial establishments).
- Clause 5.1.3 covers appliances exclusively for industrial purposes as excluded from the Order’s scope.
Mandatory certification requirements and marks
- Clause 3 requires a third party certification called the Product Certification Scheme of the DTI Bureau Standards (BPS).
- Manufacturers and importers must secure:
- A Philippine Standard (PS) Certification Mark License for manufacturers, and
- An Import Commodity Clearance (ICC) for importers,
prior to distribution and sale.
- Clause 8.3 requires that after 18 months from effectivity, all covered products distributed or offered for sale bear a valid PS mark or ICC stickers, with compliance verified through market monitoring and enforcement activities.
Defined terms for certification operations
- Clause 4.2.1 defines BPS as the Bureau of Philippine Standards.
- Clause 4.2.2 defines DTI as the Department of Trade and Industry.
- Clause 4.2.3 defines FTEB as the Fair Trade Enforcement Bureau.
- Clause 4.2.4 defines Import Commodity Clearance (ICC) as a document issued by DTI attesting that the quality and/or safety of an imported product conforms to a Philippine National Standard (PNS) or a BPS-recognized international/foreign standard.
- Clause 4.2.5 defines PS Quality and/or Safety Certification Mark License as a document issued by BPS authorizing use of the PS Quality and/or Safety Certification Mark in accordance with the certification scheme rules.
- Clause 4.2.6 defines Importer as an entity engaged in importation of the product.
- Clause 4.2.7 defines Manufacturer as an entity engaged in manufacture or assembly of the product.
- Clause 4.2.8 defines Licensee as a manufacturer or importer issued a PS Certification Mark License / Import Commodity Clearance.
- Clause 4.2.9 defines Test Samples as products picked out at random from a lot or batch.
- Clause 4.2.10 defines Basic Model/Type as one that represents a set of generic characteristics of a group of products.
- Clause 4.2.11 defines Generic Model as a model or series of models with similar critical components and mechanical/electrical designs, including capacity, energy source, electrical characteristics, and other physical/functional characteristics with the base model.
Application process, sampling, and testing
- Clause 5.2 provides that duties and responsibilities of DTI/BPS under DAO 4:2008, DAO 5:2008, and future amendments apply.
- Clause 5.3.1 requires manufacturers to apply for the PS Quality and/or Safety Certification Mark License under DAO 4:2008, its implementing rules and regulations, and future amendments.
- Clause 5.3.2 requires importers to apply for ICC under DAO 5:2008, its implementing rules and regulations, and future amendments.
- Sampling for ICC (Clause 5.4.1):
- For electric fans: three (3) complete units
- For other appliances: two (2) complete units
- Units are randomly drawn at the importer’s warehouse by a duly authorized DTI/BPS representative.
- Sampling for PS Certification Mark License (Clause 5.4.2):
- Electric fans: six (6) units total; first three (3) tested in-plant; remaining three (3) packed/sealed and signed for independent testing after satisfactory in-plant results.
- Other appliances: four (4) units total; first two (2) tested in-plant; remaining two (2) packed/sealed and signed for independent testing after satisfactory in-plant results.
- Independent testing sampling dispatch (Clause 5.4.3):
- Test samples for independent testing are packed/sealed and signed by the authorized DTI/BPS representative.
- Samples must be sent by the manufacturer or importer to a BPS-recognized testing laboratory within seven (7) working days upon drawing of samples.
- The authorized representative ensures the Request for Test form is properly filled-up, signed, and issued.
- Additional materials (Clause 5.4.4):
- The BPS recognized testing laboratory may require submission of PCB wiring diagram and necessary spare parts, and a certificate of compliance of the critical component, if needed.
- Generic model verification (Clause 5.4.5):
- For generic models, one (1) complete unit is drawn and sent with its base model to the BPS-recognized laboratory for actual verification.
- Production interference prohibition (Clause 5.4.6):
- No special preparation, modification, adjustment, quality control, testing, or assembly procedure is allowed on a test sample or its parts/sub-assemblies if it is not normally performed during production and assembly.
- In-plant test capability (Clause 5.5.1–5.5.2):
- Manufacturers must have capability to conduct the test parameters stated in Annex A using their own inspection, measuring, and testing equipment.
- Manufacturers must establish a quality control system and procedure ensuring full compliance of products with the relevant PNS requirements.
- Independent testing rules (Clause 5.6.1–5.6.3):
- Samples must be tested by a BPS-recognized testing laboratory.
- Samples must be tested at 230 V a.c., 60 Hz and comply with the relevant standard(s).
- The laboratory conducts full test on the base model and verification only on generic models.
- If verification shows the generic model does not conform to the definition in Clause 4.2.11, full testing is required.
- Confirmatory testing prerogative (Clause 5.6.4):
- For ICC applications with accompanying test report acceptable to BPS, DTI/BPS may require drawing samples from the actual shipment for confirmatory testing or verification.
- Confidentiality and restricted use (Clause 5.6.6):
- All test results must be held strictly confidential by the BPS-recognized testing laboratory.
- Copies of test reports requested by manufacturers/importers are for product certification purposes only and not for commercial purposes.
Required markings and handling of samples
- Clause 5.7 requires covered products to bear:
- Markings/labels prescribed by the relevant PNS,
- Markings/labels prescribed by DAO 04:2008 / DAO 05:2008 and future amendments, and
- Markings/labels prescribed by the Consumer Act of the Philippines (Republic Act No. 7394).
- Retrieval timeline (Clause 5.8.1):
- Tested samples must be retrieved by the manufacturer/importer within 30 days upon receipt of the testing laboratory’s notice.
- Failed sample finality (Clause 5.8.2):
- Samples that fail may be stored for reference and for contesting results.
- If not contested after two (2) months from issuance, the test report is deemed final and samples must be returned to the manufacturer/importer or disposed in an appropriate manner under existing rules and regulations.
- Liability and hazardous disposal (Clause 5.8.3):
- BPS and the testing laboratory are not liable for damage sustained by test samples during transport and testing.
- The laboratory disposes of samples in an appropriate manner under existing rules and regulations.
- Disposal of tested samples with hazardous substances is the responsibility of the manufacturer/importer concerned.
Monitoring, market surveillance, sanctions linkage
- Clause 5.9 authorizes BPS/FTEB/DTI-Regional and Provincial Offices to monitor and inspect products in the market for conformance to DAO 2:2007, DAO 3:2008, DAO 4:2008, DAO 5:2008, future amendments, and the specified standards at any time.
- If products are found not in conformity, BPS/FTEB/DTI-Regional and Provincial Offices must take appropriate legal actions or impose necessary sanctions in accordance with relevant laws, rules and regulations.
Voluntary and mandatory certification transition timeline
- Clause 8.1 allows all manufacturers and/or importers of covered products to apply for voluntary certification using the standards in Clause 1 within six (6) months after the date of effectivity.
- Clause 8.2 requires all manufacturers or importers of covered products to undergo mandatory product certification procedures (PS or ICC certification) six (6) months after effectivity.
- Clause 8.3 mandates that after 18 months from effectivity, all covered products offered for sale must bear a valid PS mark or ICC stickers, verified through market monitoring and enforcement activities.
- Clause 8.4 preserves validity of existing PS Licenses (local and foreign) issued under DAO 4:2008 and prior implementing guidelines for the covered products:
- These licenses remain valid until their expiration date unless sooner revoked, and remain subject to the same terms and conditions.
Separability, repealing, and implementation mechanics
- Section 6 provides separability: if any provision or part is declared invalid, the remaining provisions remain in force and effect to the extent separable from the invalid portions.
- Section 7 provides a repealing clause: the order repeals Memorandum Circulars, Implementing Guidelines, and all other Orders or parts thereof inconsistent with its provisions.
- Section 7 makes the consistency requirement operative by repealing conflicting portions.