Article 15. Imported Products. –
a) Any consumer product offered for importation into the customs of the Philippine territory shall be refused admission if
such product:
1) fails to comply with an applicable consumer product quality and safety standard or rule;
2) is or has been determined to be injurious, unsafe and dangerous;
3) is substandard; or
4) has material defect.
b) Samples of consumer products being imported into the Philippines in a quantity necessary for purposes of determining
the existence of any of the above causes for non-admission may be obtained by the concerned department or agency
without charge from the owner or consignee thereof. The owner or consignee of the imported consumer product under
examination shall be afforded an opportunity to a hearing with respect to the importation of such products into the
Philippines. If it appears from examination of such samples or otherwise that an imported consumer product does not
conform to the consumer product safety rule or is injurious, unsafe and dangerous, is substandard or has a material defect,
such product shall be refused admission unless the owner or the consignee thereof manifests under bond that none of the
above ground for non-admission exists or that measures have been taken to cure them before they are sold, distributed or
offered for sale to the general public.
Any consumer product, the sale or use of which has been banned or withdrawn in the country of manufacture, shall not be
imported into the country.
c) If it appears that any consumer product which may not be admitted pursuant to paragraph (a) of this Article can be so
modified that it can already be accepted, the concerned department may defer final examination as to the admission of
such product for a period not exceeding ten (10) days, and in accordance with such regulations as the department and the
Commissioner of Customs shall jointly promulgate, such product may be released from customs custody under bond for
the purpose of permitting the owner or consignee an opportunity to so modify such product.
d) All modifications taken by an owner or consignee for the purpose of securing admission of an imported consumer
product under paragraph (c) shall be subject to the supervision of the concerned department. If the product cannot be so
modified, or if the owner or consignee is not proceeding to satisfactorily modify such product, it shall be refused admission
and the department may direct redelivery of the product into customs custody, and to seize the product if not so redelivered.
e) Imported consumer products not admitted must be exported, except that upon application, the Commissioner of
Customs may permit the destruction of the product if, within a reasonable time, the owner or consignee thereof fails to
export the same.
f) All expenses in connection with the destruction provided for in this Article, and all expenses in connection with the
storage, cartage or labor with respect to any consumer product refused admission under this Article, shall be paid by the
owner or consignee and, in default of such payment, shall constitute a lien against any future importation made by such
owner or consignee.
Article 16. Consumer Products for Export. – The preceding article on safety not apply to any consumer product if:
a) 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, unless such consumer product is in fact distributed in commerce for use in the Philippines;
and
b) such consumer product or the packaging thereof bears a stamp or label stating that such consumer product is intended
for export and actually exported.
Article 17. Powers, functions and duties. – In addition to their powers, functions and duties under existing laws, the concerned department shall
have the following powers, functions and duties:
a) to administer and supervise the implementation of this Article and its implementing rules and regulations;
b) 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;
c) to inspect and analyze consumer products for purposes of determining conformity to established quality and safety
standards;
d) 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;
e) 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.
f) 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.
g) to accredit independent competent testing laboratories.
PROHIBITED ACTS AND PENALTIES
Article 18. Prohibited Acts. – It shall be unlawful for any person to:
a) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any consumer product which is
not in conformity with an applicable consumer product quality or safety standard promulgated in this Act;
b) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any consumer product which
has been declared as banned consumer product by a rule in this Act;
c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or inspection by authorized officers or
employees of the department;
d) fail to comply with an order issued under Article II relating to notifications of substantial product hazards and to recall,
repair, replacement or refund of unsafe products;
e) fail to comply with the rule prohibiting stockpiling.
Article 19. Penalties. –
a) Any person who shall violate any provision of Article 18 shall upon conviction, be subject to a fine of not less than One
thousand pesos (P1,000.00) but not more than Ten thousand pesos (P10,000.00) or imprisonment of not less than two (2)
months but not more than one (1) year, or both upon the discretion of the court. If the offender is an alien, he shall be
deported after service of sentence and payment of fine without further deportation proceedings.
b) In case the offender is a naturalized citizen, he shall, in addition to the penalty prescribed herein, suffer the penalty of
cancellation of his naturalization certificate and its registration in the civil register and immediate deportation after service of
sentence and payment of fine.
c) Any director, officer or agent of a corporation who shall authorize, order or perform any of the acts or practices
constituting in whole or in part a violation of Article 18, and who has knowledge or notice of noncompliance received by the
corporation from the concerned department, shall be subject to penalties to which that corporation may be subject.
In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such
license to engage in business in the Philippines shall immediately be revoked.
CHAPTER II
FOOD, DRUGS, COSMETICS AND DEVICES
Article 20. Declaration of Policy. – The State shall ensure safe and good quality of food, drugs, cosmetics and devices, and regulate their
production, sale, distribution and advertisement to protect the health of the consumer.
Article 21. Implementing Agency. – In the implementation of the foregoing policy, the State, through the Department of Health, hereby referred
as the Department, shall, in accordance with the provisions of this Act:
a) establish standards and quality measures for food, drugs, devices and cosmetics;
b) adopt measures to ensure pure and safe supply of foods and cosmetics, and safe, efficacious and good quality of drugs
and devices in the Country;
c) adopt measures to ensure the rational use of drugs and devices, such as, but not limited to, banning, recalling or
withdrawing from the market drugs and devices which are unregistered, unsafe, inefficacious or of doubtful therapeutic
value, the adoption of an official National Drug Formulary, and the use of generic names in the labeling of drugs;
d) strengthen the Bureau of Food and Drugs.
Article 22. Rules and Regulations on Definitions and Standards. – Whenever in the judgment of the Department such action will promote
honesty and fair dealing in the interest of consumers, it shall promulgate rules and regulations fixing and establishing a reasonable definition and
standard of identity, a reasonable standard of quality and/or reasonable standard of fill of containers for food, drugs, cosmetics or devices.