Law Summary
Definitions Essential for Implementation
- Accreditation: Formal recognition of competence for specific tasks.
- Accredited Laboratory: Recognized testing labs competent in specific tasks.
- Audit & Auditor: Independent examination and the authorized personnel for factory/product audits.
- Applicant and Licensee: Companies applying for and granted use of the PS Certification Mark.
- BPS: Bureau of Product Standards, the main authority.
- Certification Body: Organizations conducting certification of conformity.
- Conformity: Fulfillment of a given standard.
- Advisory and Appeal Committees: Bodies advising on policies and resolving appeals.
- Certificate & License: Documents evidencing authorization to use the PS Mark.
- Inspection Bodies, Testing Laboratories, and related terms defining roles and procedures.
- Philippine National Standard & International Standards: Benchmarks for certification.
- Product Recall: System to withdraw unsafe or non-conforming products.
Authorities and Responsibilities of the Bureau of Product Standards (BPS)
- Formulate/adopt Philippine National Standards consistent with relevant laws.
- Promote adoption of standards via seminars and publications.
- Issue and amend guidelines for certification scheme implementation.
- Conduct conformity and surveillance audits.
- Designate recognized bodies for standards enforcement.
- Facilitate agreements to audit foreign companies.
- Form Advisory and Appeal Committees for oversight and dispute resolution.
- Engage contracts for sampling, testing, and inspection.
- Collect fees for services rendered.
- Manage registries of licensees, auditors, and recognized bodies.
- Maintain confidentiality of information.
- Participate in regional/international upgrading activities.
- Recognize mutual agreements for wider acceptance of the PS Mark.
Philippine Standard (PS) Quality and/or Safety Certification Mark Details
- Mark design specified and must conform to dimensional standards.
- Affixed on product or, if not possible, on packaging.
- Size may be adjusted but within specified limits.
Application Procedures for the PS Certification Mark License
- Applications made in triplicate on prescribed forms.
- Must include an undertaking to comply with license terms.
- Filed with BPS, duly sworn, and subscribed.
- Specific to product standard, manufacturing site, and brand.
- Supported by company quality management documentation.
- Subject to audits by authorized bodies.
- Approval contingent on conformity to standards and regulations.
- Appeals permitted upon denial with defined timelines and processes.
- License valid for three years, subject to annual audits, and can be suspended or revoked.
Terms and Conditions Binding on Licensees
- Compliance with relevant Republic Acts, Executive Orders, and BPS directives mandatory.
- Certified products must consistently conform to standards; licensee liable for damages.
- Licensees must maintain ISO 9001:2000-aligned quality management systems.
- Use PS Mark only on certified products.
- Must maintain product recall and customer complaint systems.
- Permit access to authorized BPS or recognized auditors for inspections.
- Subject to minimum annual audits.
- Assume responsibility for subcontractor compliance.
- Notify BPS of changes in management, business name, brand, plant site, designs/specs.
- License validity conditional on audits post any plant site transfer.
- Payment of prescribed fees required.
- License non-transferable.
Quality Management System Requirements
- Alignment with ISO 9001:2000 standards and future amendments required for local and foreign companies.
Prohibited Acts Related to the PS Certification Mark
- Unauthorized use on uncertified products or in misleading manners.
- Use of the Mark post suspension, withdrawal, or cancellation prohibited.
- Forgery of Bureau Director's signature or use of falsified documents penalized with fines and legal actions.
- Violation of license terms grounds for sanctions.
Suspension, Withdrawal, or Cancellation of License
- Grounds include failure to conform to standards, non-compliance with license terms, false statements, or violation of this Order or related laws.
- Procedures require notice, opportunity to be heard within 15 days before action.
- Adjudication may proceed under applicable rules and Executive Orders.
Penalties for Violations
- Subject to administrative sanctions under DTI rules and Executive Order No. 913.
- Criminal and civil liabilities under Republic Acts Nos. 4109 and 7394.
Fees and Charges
- Fees paid to BPS, DTI offices, recognized bodies, or auditors.
- Subject to revision as necessary.
- Applicants responsible for auditor safety during audits.
- No fee refunds if application is denied or license is suspended/canceled.
- Expenses incurred by BPS defending cases related to licensee's products charged to the licensee.
Separability Clause
- Invalidity of any provision does not affect the remaining provisions, which shall remain in force.
Repealing Clause
- Repeals Department Administrative Order No. 1, series of 1997.
- Existing licenses remain valid until scheduled audit or declaration of invalidity.
- New applicants governed strictly by this Order.
Effectivity
- Effective upon publication in a national newspaper or official gazette.