Topic 2: Consumer Protection
2.1 Consumer Product Quality & Safety
Governing Provision: R.A 7394 Consumer Act of the Philippines (Title II, Chapter I)
Reported By: Baniaga, Edel Joy C.
DUTY OF THE STATE (ART.5)
•
to develop and provide safety and quality standards for consumer products, including
performance or use-oriented standards, codes of practice and methods of tests;
•
to assist the consumer in evaluating the quality, including safety, performance and
comparative utility of consumer products;
•
to protect the public against unreasonable risks of injury associated with consumer products;
•
to undertake research on quality improvement of products and investigation into causes and
prevention of product related deaths, illness and injuries;
•
to assure the public of the consistency of standardized products.
AGENCIES MANDATED TO IMPLEMENT (ART.6)
•
Department of Health
for consumer products like food, drugs, cosmetic, devices and substances
•
Department of Agriculture
for consumer products related to agriculture
•
Department of Trade & Industry
for consumer products not under the scope of DOH and DOA
POWERS, FUNCTIONS AND DUTIES (ART.17)
•
to administer and supervise the implementation of this Article and its implementing rules and
regulations;
•
to undertake researches, develop and establish quality and safety standards for consumer products
in coordination with other government and private agencies closely associated with these products;
•
to inspect and analyze consumer products for purposes of determining conformity to established
quality and safety standards;
•
to levy, assess, collect and retain fees as are necessary to cover the cost of inspection, certification,
analysis and tests of samples of consumer products and materials submitted in compliance with the
provisions of this Article;
•
to investigate the causes of and maintain a record of product-related deaths, illnesses and injuries
for use in researches or studies on the prevention of such product-related deaths, illnesses and
injuries.
•
to accredit independent, competent non-government bodies, to assist in
(1) monitoring the market for the presence of hazardous or non-certified products and other forms
of violations of Article 18; and
(2) other appropriate means to expand the monitoring and enforcement outreach of the department
in relation to its manpower, testing and certification resources at a given time.
•
to accredit independent competent testing laboratories.
INCLUSIONS REQUIRED IN CONSUMER PRODUCT QUALITY AND SAFETY STANDARDS (ART.7)
•
requirements as to performance, composition, contents, design, construction, finish, packaging of a
consumer product;
•
requirements as to kind, class, grade, dimensions, weights, material;
•
requirements as to the methods of sampling, tests and codes used to check the quality of the product;
•
requirements as to precautions in storage, transporting and packaging;
•
requirements that a consumer product be marked with or accompanied by clear and adequate safety
warnings or instructions, or requirements respecting the form of warnings or instructions.
PUBLICATION AND EFFECTIVITY OF CONSUMER PRODUCT STANDARD (ART. 8-9)
Publication
•
The concerned department shall publish or cause the publication of the same in TWO (2)
newspapers of general circulation at least once a week for a period of not less than one (1) month
• May conduct an information campaign through other means deemed effective
Effectivity
•
The standard or the rule shall specify the date such rule is to take effect, which shall not exceed
ninety (90) days from the date promulgated
•
Unless: the concerned department finds (for a good cause) that a later effective date is in the
public interest and publishes its reasons for such findings
The department may prohibit a manufacturer from “ stockpiling” consumer products to
prevent such manufacturer from circumventing the purposes of this paragraph.
INJURIOUS, DANGEROUS OR UNSAFE PRODUCTS (ART. 10-11)
If the product upon investigation or through customer complaint found a product that is injurious,
dangerous or unsafe:
•
the department can have it recalled and prohibited from public sale or distribution
•
it will remain prohibited until it is ensured that it is safe to use again
If the department determined a consumer product to be substandard or materially defective, the
manufacturer/business owner should:
•
give notice to the public of the defect or failure to comply with the product safety standards; and
•
give notice to each distributor or retailer of such product.
If a customer was injured by the product:
•
refund the purchase price of the product less a reasonable allowance for use
• pay the consumer reasonable damages as may be determined by the department
• bring such product into conformity with the requirements or to repair the defect
• replace the product with a like or equivalent product which complies with the applicable consumer
product standards which does not contain the defect;
CERTIFICATION OF CONFORMITY TO CONSUMER PRODUCT STANDARDS (ART.14)
• Before a product is allowed to be sold in the market it must pass the quality and/or safety standard
• It should also have the Philippine Standard Certification Mark
IMPORTED PRODUCTS (ART. 15)
Any consumer product offered for importation shall be refused admission if such product:
•
Fails to comply with an applicable consumer product quality and safety standard or rule
•
Determined to be injurious, unsafe and dangerous
•
Low quality / Substandard
•
Has material defect
IMPORTANT NOTES FOR IMPORTED PRODUCTS
• Samples of the products that does not comply with such conditions may be obtained to allow the
owner or consignee to prove that they comply with the standards
• Concerned department may defer final determination as to the admission of such product that can
be subjected to modification for a period not exceeding ten (10) days
• Imported consumer products not admitted must be exported or Commissioner of Customs may
permit the destruction of the product
CONSUMER PRODUCTS FOR EXPORTS (ART.16)
Article 15 does not apply to any consumer products if:
• it can be shown that such product is manufactured, sold or held for sale for export from the
Philippines, or that such product was imported for export
• such consumer product or the packaging thereof bears a stamp or label stating that such consumer
product is intended for export and actually exported.
PROHIBITED ACTS (ART.18)
PENALTIES (ART.19)
Resources:
https://www.officialgazette.gov.ph/1992/04/13/republic-act-no-7394-s-1992/
https://youtu.be/6pkZhgCEKNQ