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(NAR) VOL. 5 NO. 3/JULY - SEPTEMBER 1994
[ DTI ADMINISTRATIVE ORDER NO. 004-94, July 11, 1994 ]
REVISED RULES CONCERNING THE PHILIPPINE STANDARD (PS) CERTIFICATION MARK SCHEME
Pursuant to Section 7 (3), Chapter 2, Book IV of the 1987 Administrative Code; Republic Act 4109; Republic Act 7394; Executive Order No. 101: 1976; and Executive Order No. 913; 1983, the following rules governing the licensing of companies to use the Philippine Standard (PS) Certification Mark are hereby promulgated for the guidance of all concerned.
1.1 This Department Administrative Order prescribes the rules on the licensing of companies to use the Philippine Standard (PS) Certification Mark.
For purposes of this Order, the following definitions shall apply:
2.1 DTI - Department of Trade and Industry
2.2 BPS - Bureau of Product Standards
2.3 Director - Director of the BPS
2.4 Assessor - A person who is qualified and authorized to perform factory and product assessments for purposes of product certification and is registered with BPS as such.
2.5 Certification of Conformity - An independent system establishing, after satisfactory factory and product assessments, that adequate confidence is provided by a manufacturer that its identified product meets the requirements of a standard.
2.6 Philippine Standard (PS) Certification Mark Scheme - A system using the PS Mark as proof of certification of conformity.
2.7 Certification Body - An organization that conducts certification of conformity.
2.8 Inspection Body - An organization that performs inspection services on its own or on behalf of BPS' conformity assessment purposes.
2.9 Philippine National Standard - The standard promulgated by the BPS relating to product specifications, test methods, terminologies, standardization procedures, guidelines or practices.
2.10 International/Foreign Standard - A standard developed by ISO (International Organization for Standardization), IEC (International Electrotechnical Commission) or other international or foreign standard body which may be accepted by BPS for purposes of the PS Certification Mark Scheme.
2.11 Inspection - Evaluation of conformity by measuring, observing or testing the relevant characteristics of a product.
2.12 Applicant - A company that seeks a license to use the PS Certification Mark.
2.13 Assessment - A systematic and independent examination to determine whether quality activities and related results conform to planned arrangements effectively and are suitable for a company to achieve its quality objectives.
2.14 Conformity - Fulfillment of requirements of a standard.
2.15 Non-Conformity - The non-fulfillment of requirements of a standard.
2.16 License - A document issued by BPS to a company, authorizing its use of the PS Certification Mark on its products.
2.17 PS Certification Mark - A mark of conformity appearing on a product.
2.18 Licensee - A company granted by BPS a license to use the PS Certification Mark.
2.19 Testing Laboratory - A laboratory which measures, examines, or determines the characteristics or performance of materials or products. It may also be a laboratory that calibrates inspection, measuring and test equipment.
2.20 Test Method - A defined technical procedure to determine one or more specified characteristics of materials or products.
2.21 Accreditation - The procedure by which an authoritative body gives formal recognition, under duly established guidelines and rules, that a body or person is competent to carry out specific tasks.
2.22 Accredited Laboratory - A testing laboratory formally recognized under established procedures for its competence to carry out specific tasks.
2.23 Certificate of Accreditation - A document signed by the Director of BPS issued to an accredited testing laboratory or inspection body.
2.24 Registration - A procedure by which the BPS recognizes and indicates the relevant qualifications of a company or person for a specific task in a publicly available list, after an evaluation of such qualifications under duly established guidelines.
2.25 Standard - A Philippine National Standard, international or foreign standard which is used as a basis for evaluating an applicant's quality control system and product for purposes of the PS Certification Mark Scheme.
2.26 Surveillance Audit - Periodic evaluation of a licensee's quality control system to determine the conformity of its products to a specific standard and the terms and conditions of the license.
3.1 Formulate Philippine National Standards or adopt as Philippine National Standards relevant international or foreign standards/guides for purposes of licensing of companies to use the PS Certification Mark, accreditation of testing and inspection bodies, and registration of assessors.
3.2 Promote, through publications, seminars and trainings, the wide adoption in the Philippines of Philippine National Standards.
3.3 Promulgate, consistent with this Order, programs, guidelines and procedures for the implementation of the PS Certification Mark Scheme.
3.4 Appoint or sub-contract independent assessors for the conduct of conformity assessments of companies relative to the PS Certification Mark Scheme.
3.5 Conduct, through or in coordination with DTI Regional/Provincial Offices, conformity assessment and surveillance audits of companies relative to the PS Certification Mark Scheme.
3.6 Grant a company, which meets the requirements of a specific standard and of this Order, the License to use the PS Certification Mark.
3.7 Collect fees for inspection, testing and certification services, and stipulate, where necessary, charges to be paid by applicant or licensed companies to cover travelling, board and lodging expenses of assessors performing official assignments under this Order, and freight charges for the transport of product samples to laboratories for testing.
3.8 Specify the rules governing the design and use of the PS Certification Mark.
3.9 Suspend or cancel for cause the license to use the PS Certification Mark.
3.10 Require the preparation and submission of relevant documents to determine compliance by the licensee with the rules and regulations relative to the production, sale and disposition of goods, covered by the license.
3.11 Accredit, using international (ISO) guides, testing or inspection bodies to conduct conformity assessment of companies relative to the PS Certification Mark Scheme.
3.12 Register assessors who are qualified to conduct conformity assessments.
3.13 Maintain and publish a registry of the following:
3.13.1 Companies licensed to use the PS Certification Mark;
3.13.2 Accredited testing and inspection bodies.
3.14 Maintain and make available for public information a registry of qualified assessors.
3.15 Ensure confidentiality of all information received and gathered relative to the PS Certification Mark Scheme, except upon orders of a court of competent jurisdiction.
3.16 Participate in regional and international activities for the continuous upgrading of the competence of assessors and of the PS Certification Mark Scheme.
3.17 Negotiate, consistent with Philippine laws and international agreements, for the recognition of the PS Certification Mark by foreign/international certification or accreditation bodies.
4.1 The application for the license to use the PS Certification Mark shall be made in triplicate on BPS Form PS/SF01, obtainable from BPS or DTI Regional/Provincial Offices.
4.2 The application shall include an undertaking by the applicant to abide by the terms and conditions of the license.
4.3 The application shall be duly subscribed and sworn to by the applicant, or his duly authorized management representative, and shall be filed with BPS or DTI Regional/Provincial Office, which has jurisdiction over the area where the factory of the applicant is located.
4.4 An application, and the eventual license, shall be standard- and site-specific. Separate applications shall be made for products covered by separate standards. Likewise, separate applications shall be filed for same products but manufactured at different plant sites.
4.5 The application shall be supported by information about the applicant company and its capability to manufacture products consistently conforming to the requirements of a specific standard.
4.6 The applicant shall make available to the Director, or his duly designated representative, such information and product samples as may be required for the evaluation of its application for the PS Certification Mark, or for the periodic assessment of its quality control system and product(s).
4.7 After evaluation, if BPS finds that an applicant consistently conforms to a specific standard and meets other requirements of the license to use the PS Certification Mark, the Director shall approve the application and issue the corresponding license.
4.8 The license shall take effect from the date of its issue and shall be in full force and effect for an indefinite period, subject to a minimum annual re-assessment. At any time, the license can be revoked or cancelled for cause.
5.1 The design of the PS Certification Mark shall be in accordance with the illustration in Annex 1.*
5.2 The PS Certification Mark shall be affixed on the product covered by the license. In case marking or stamping of the PS Certification Mark on the product is not possible, the Mark shall appear on the package of the product.
5.3 The PS Certification Mark affixed on a product or its package may be enlarged or reduced to an appropriate size, provided that its dimensions conform to the specifications in Annex 1*.
5.4 The PS Certification Mark shall not be used on a product not covered by the license and in any misleading manner.
5.5 The licensee shall not use the PS Certification Mark if its license has been suspended, withdrawn or cancelled for cause.
6.1 A license granted under this Order may be suspended or cancelled on any or all of the following grounds:
6.2 Notwithstanding the preceding provisions, the Director may direct that the matter of suspension or cancellation shall be adjudicated under E.O. 913 if there is a private complainant instituting the cancellation or suspension of the license.
6.3 The license shall be suspended or cancelled after the Director has served the licensee a notice of his intention to do so, stating therein the grounds for the contemplated action, granting the licensee the opportunity to be heard within seven (7) days from the date the notice has been received by the licensee.
7.1 The following terms and conditions shall be binding on all licensees. Any infraction thereof shall constitute sufficient grounds for the institution of suspension or cancellation proceedings against a license.
8.1 The following shall be collected from the applicant or licensed company by BPS or DTI Regional/Provincial Offices, unless otherwise stated:
8.1.1 Application Form (non-refundable, payable upon issuance): One Hundred Pesos (P100.00)
8.1.2 License Fee (payable upon issuance of the license):
The official definition of "micro", "cottage", "small", "medium" and "large" enterprises shall be as established by the National Economic and Development Authority and the Bureau of Small and Medium Business Development.
8.1.3 Annual license fee (payable on the anniversary date of the issuance of the license):
8.2 An inspection body accredited by BPS shall pay an initial amount of Twelve Thousand Pesos (P12,000.00) as accreditation fee. Thereafter annual dues of Five Thousand Pesos (P5,000.00) shall be charged by BPS.
9.1 This Order supersedes Standards Administrative Order No. 20-3, Series of 1982.
10.1 This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
APPROVED: 11 July 2994
* Text available upon request at the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.
1
Scope
Scope
1.1 This Department Administrative Order prescribes the rules on the licensing of companies to use the Philippine Standard (PS) Certification Mark.
2
Definitions
Definitions
For purposes of this Order, the following definitions shall apply:
2.1 DTI - Department of Trade and Industry
2.2 BPS - Bureau of Product Standards
2.3 Director - Director of the BPS
2.4 Assessor - A person who is qualified and authorized to perform factory and product assessments for purposes of product certification and is registered with BPS as such.
2.5 Certification of Conformity - An independent system establishing, after satisfactory factory and product assessments, that adequate confidence is provided by a manufacturer that its identified product meets the requirements of a standard.
2.6 Philippine Standard (PS) Certification Mark Scheme - A system using the PS Mark as proof of certification of conformity.
2.7 Certification Body - An organization that conducts certification of conformity.
2.8 Inspection Body - An organization that performs inspection services on its own or on behalf of BPS' conformity assessment purposes.
2.9 Philippine National Standard - The standard promulgated by the BPS relating to product specifications, test methods, terminologies, standardization procedures, guidelines or practices.
2.10 International/Foreign Standard - A standard developed by ISO (International Organization for Standardization), IEC (International Electrotechnical Commission) or other international or foreign standard body which may be accepted by BPS for purposes of the PS Certification Mark Scheme.
2.11 Inspection - Evaluation of conformity by measuring, observing or testing the relevant characteristics of a product.
2.12 Applicant - A company that seeks a license to use the PS Certification Mark.
2.13 Assessment - A systematic and independent examination to determine whether quality activities and related results conform to planned arrangements effectively and are suitable for a company to achieve its quality objectives.
2.14 Conformity - Fulfillment of requirements of a standard.
2.15 Non-Conformity - The non-fulfillment of requirements of a standard.
2.16 License - A document issued by BPS to a company, authorizing its use of the PS Certification Mark on its products.
2.17 PS Certification Mark - A mark of conformity appearing on a product.
2.18 Licensee - A company granted by BPS a license to use the PS Certification Mark.
2.19 Testing Laboratory - A laboratory which measures, examines, or determines the characteristics or performance of materials or products. It may also be a laboratory that calibrates inspection, measuring and test equipment.
2.20 Test Method - A defined technical procedure to determine one or more specified characteristics of materials or products.
2.21 Accreditation - The procedure by which an authoritative body gives formal recognition, under duly established guidelines and rules, that a body or person is competent to carry out specific tasks.
2.22 Accredited Laboratory - A testing laboratory formally recognized under established procedures for its competence to carry out specific tasks.
2.23 Certificate of Accreditation - A document signed by the Director of BPS issued to an accredited testing laboratory or inspection body.
2.24 Registration - A procedure by which the BPS recognizes and indicates the relevant qualifications of a company or person for a specific task in a publicly available list, after an evaluation of such qualifications under duly established guidelines.
2.25 Standard - A Philippine National Standard, international or foreign standard which is used as a basis for evaluating an applicant's quality control system and product for purposes of the PS Certification Mark Scheme.
2.26 Surveillance Audit - Periodic evaluation of a licensee's quality control system to determine the conformity of its products to a specific standard and the terms and conditions of the license.
3
Authorities and Responsibilities of the BPS
Authorities and Responsibilities of the BPS
3.1 Formulate Philippine National Standards or adopt as Philippine National Standards relevant international or foreign standards/guides for purposes of licensing of companies to use the PS Certification Mark, accreditation of testing and inspection bodies, and registration of assessors.
3.2 Promote, through publications, seminars and trainings, the wide adoption in the Philippines of Philippine National Standards.
3.3 Promulgate, consistent with this Order, programs, guidelines and procedures for the implementation of the PS Certification Mark Scheme.
3.4 Appoint or sub-contract independent assessors for the conduct of conformity assessments of companies relative to the PS Certification Mark Scheme.
3.5 Conduct, through or in coordination with DTI Regional/Provincial Offices, conformity assessment and surveillance audits of companies relative to the PS Certification Mark Scheme.
3.6 Grant a company, which meets the requirements of a specific standard and of this Order, the License to use the PS Certification Mark.
3.7 Collect fees for inspection, testing and certification services, and stipulate, where necessary, charges to be paid by applicant or licensed companies to cover travelling, board and lodging expenses of assessors performing official assignments under this Order, and freight charges for the transport of product samples to laboratories for testing.
3.8 Specify the rules governing the design and use of the PS Certification Mark.
3.9 Suspend or cancel for cause the license to use the PS Certification Mark.
3.10 Require the preparation and submission of relevant documents to determine compliance by the licensee with the rules and regulations relative to the production, sale and disposition of goods, covered by the license.
3.11 Accredit, using international (ISO) guides, testing or inspection bodies to conduct conformity assessment of companies relative to the PS Certification Mark Scheme.
3.12 Register assessors who are qualified to conduct conformity assessments.
3.13 Maintain and publish a registry of the following:
3.13.1 Companies licensed to use the PS Certification Mark;
3.13.2 Accredited testing and inspection bodies.
3.14 Maintain and make available for public information a registry of qualified assessors.
3.15 Ensure confidentiality of all information received and gathered relative to the PS Certification Mark Scheme, except upon orders of a court of competent jurisdiction.
3.16 Participate in regional and international activities for the continuous upgrading of the competence of assessors and of the PS Certification Mark Scheme.
3.17 Negotiate, consistent with Philippine laws and international agreements, for the recognition of the PS Certification Mark by foreign/international certification or accreditation bodies.
4
Application for License
Application for License
4.1 The application for the license to use the PS Certification Mark shall be made in triplicate on BPS Form PS/SF01, obtainable from BPS or DTI Regional/Provincial Offices.
4.2 The application shall include an undertaking by the applicant to abide by the terms and conditions of the license.
4.3 The application shall be duly subscribed and sworn to by the applicant, or his duly authorized management representative, and shall be filed with BPS or DTI Regional/Provincial Office, which has jurisdiction over the area where the factory of the applicant is located.
4.4 An application, and the eventual license, shall be standard- and site-specific. Separate applications shall be made for products covered by separate standards. Likewise, separate applications shall be filed for same products but manufactured at different plant sites.
4.5 The application shall be supported by information about the applicant company and its capability to manufacture products consistently conforming to the requirements of a specific standard.
4.6 The applicant shall make available to the Director, or his duly designated representative, such information and product samples as may be required for the evaluation of its application for the PS Certification Mark, or for the periodic assessment of its quality control system and product(s).
4.7 After evaluation, if BPS finds that an applicant consistently conforms to a specific standard and meets other requirements of the license to use the PS Certification Mark, the Director shall approve the application and issue the corresponding license.
4.8 The license shall take effect from the date of its issue and shall be in full force and effect for an indefinite period, subject to a minimum annual re-assessment. At any time, the license can be revoked or cancelled for cause.
5
The Philippine Standard (PS) Certification Mark
The Philippine Standard (PS) Certification Mark
5.1 The design of the PS Certification Mark shall be in accordance with the illustration in Annex 1.*
5.2 The PS Certification Mark shall be affixed on the product covered by the license. In case marking or stamping of the PS Certification Mark on the product is not possible, the Mark shall appear on the package of the product.
5.3 The PS Certification Mark affixed on a product or its package may be enlarged or reduced to an appropriate size, provided that its dimensions conform to the specifications in Annex 1*.
5.4 The PS Certification Mark shall not be used on a product not covered by the license and in any misleading manner.
5.5 The licensee shall not use the PS Certification Mark if its license has been suspended, withdrawn or cancelled for cause.
6
Suspension or Cancellation of License
Suspension or Cancellation of License
6.1 A license granted under this Order may be suspended or cancelled on any or all of the following grounds:
6.1.1 | That the product bearing the PS Certification Mark fails to conform to the requirements of a specific standard. |
6.1.2 | That the licensee fails to comply with the terms and conditions of the license. |
6.1.3 | That the licensee made false statements in connection with its application for or maintenance of the license. |
6.1.4 | That the licensee violates any of the provisions of this Order. |
6.1.5 | That the licensee violates any of the trade and industry laws enumerated under Ministry Order No. 69, Series of 1983, as amended. |
6.2 Notwithstanding the preceding provisions, the Director may direct that the matter of suspension or cancellation shall be adjudicated under E.O. 913 if there is a private complainant instituting the cancellation or suspension of the license.
6.3 The license shall be suspended or cancelled after the Director has served the licensee a notice of his intention to do so, stating therein the grounds for the contemplated action, granting the licensee the opportunity to be heard within seven (7) days from the date the notice has been received by the licensee.
7
Terms and Conditions of the License
Terms and Conditions of the License
7.1 The following terms and conditions shall be binding on all licensees. Any infraction thereof shall constitute sufficient grounds for the institution of suspension or cancellation proceedings against a license.
7.1.1 | The licensee shall abide by R.A. 4109, E.O. 913:1983 and R.A. 7394 and their implementing rules and regulations, and orders which the BPS issues in pursuance with its authority under law. |
7.1.2 | The licensee shall ensure that its certified product conforms at all times to a specific standard and, for this purpose, shall maintain to the satisfaction of BPS its system of quality control, including inspection and testing. |
7.1.3 | The licensee shall affix the PS Certification Mark only on its certified product(s). |
7.1.4 | The licensee shall give duly-authorized representative(s) of the BPS or DTI Regional/Provincial Offices access during working hours to the premises where certified product(s) is (are) manufactured, for the purpose of evaluating materials, production processes, finished articles, quality assurance facilities, records and others in accordance with the "Guidelines of Assessing the Quality Control Systems of Manufacturing Firms Relative to the Issuance of the License to Use the PS Mark", as issued by BPS. |
7.1.5 | In cases of subcontracts, it is understood that the licensee shall assume full responsibility for the quality of its sub-assemblies, semi-finished and finished products. |
7.1.6 | The licensee shall inform BPS in writing of any change of management, business name, brand name and/or transfer of plant site. In the case of transfer of plant site, notice must be made within one (1) month after such transfer is accomplished. |
7.1.7 | Upon transfer of plant site, the license shall be deemed valid only after factory and product assessment at the new site by BPS or DTI Regional/Provincial Offices show continued conformity with BPS requirements and final approval is issued by BPS. |
7.1.8 | The licensee shall pay the applicable fees and expenses as billed or stipulated by BPS or DTI Regional/Provincial Offices. |
7.1.9 | The license to use the PS Certification Mark is non-transferable. |
8
Fees
Fees
8.1 The following shall be collected from the applicant or licensed company by BPS or DTI Regional/Provincial Offices, unless otherwise stated:
8.1.1 Application Form (non-refundable, payable upon issuance): One Hundred Pesos (P100.00)
8.1.2 License Fee (payable upon issuance of the license):
Size of Establishment | Amount |
8.1.2.1 Micro or cottage : | Five Thousand Pesos (P5,000) |
8.1.2.2 Small : | Seven Thousand Pesos (P7,000) |
8.1.2.3 Medium : | Ten Thousand Pesos (P10,000) |
8.1.2.4 Large : | Twelve Thousand Pesos (P12,000) |
The official definition of "micro", "cottage", "small", "medium" and "large" enterprises shall be as established by the National Economic and Development Authority and the Bureau of Small and Medium Business Development.
8.1.3 Annual license fee (payable on the anniversary date of the issuance of the license):
Size of Establishment | Amount |
8.1.3.1 Micro or cottage : | Two Thousand Pesos (P2,000) |
8.1.3.2 Small | Three Thousand Pesos (P3,000) |
8.1.3.3. Medium | Five Thousand Pesos (P5,000) |
8.1.3.4 Large | Five Thousand Pesos (P5,000) |
8.1.4 | Testing fee: As billed by BPS or accredited laboratory, based on actual laboratory tests conducted, payable to BPS or accredited laboratory. |
8.1.5 | Where applicable, freight charges for transport of samples to BPS or accredited testing laboratory, payable to freight forwarding companies. |
8.1.6 | Where applicable, transportation, board and lodging of the duly-designated assessor(s) during assessment, payable to the transport company and/or the business establishment providing board and lodging services. |
8.1.7 | Purchase of market samples for testing: As billed by BPS or DTI Regional/Provincial Office, payable to the business establishments from which market samples were purchased. |
8.2 An inspection body accredited by BPS shall pay an initial amount of Twelve Thousand Pesos (P12,000.00) as accreditation fee. Thereafter annual dues of Five Thousand Pesos (P5,000.00) shall be charged by BPS.
9
Repealing Clause
Repealing Clause
9.1 This Order supersedes Standards Administrative Order No. 20-3, Series of 1982.
10
Effectivity
Effectivity
10.1 This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
APPROVED: 11 July 2994
(SGD.) RIZALINO S. NAVARRO
Secretary
Secretary
* Text available upon request at the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.