Title
Rules on PS Quality/Safety Certification Mark
Law
Dti Department Administrative Order No. 04, S. 2008
Decision Date
Feb 7, 2008
The DTI Department Administrative Order No. 04, S. 2008 establishes comprehensive rules and regulations for the licensing of local and foreign companies to use the Philippine Standard (PS) Quality and/or Safety Certification Mark, ensuring compliance with national and international quality and safety standards through rigorous audits and evaluations.

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.

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