 
 Page 1 of 23 THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      
 
 
 
 
DEPARTMENT ADMINISTRATIVE ORDER NO.  ______   
Series of _________  
 
 
 
SUBJECT:  THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY 
PRODUCT CERTIFICATION OF ELECTRONIC CIGARETTES  
 
 
WHEREAS ,  the Department of Trade and Industry (DTI) is the economic catal yst that 
enables innovative, competitive, job generating, inclusive business, and empowers 
consumers;  
 
WHEREAS , pursuant to such mandate, the DTI is empowered under Executive Order (EO) 
292, Series of 1987 otherwise known as the “Administrative Code of 198 7” to protect 
consumers from trade malpractices and from substandard or hazardous products;  
 
WHEREAS , the DTI Bureau of Philippine Standards (BPS) [formerly known as Bureau of 
Product Standards] is mandated by Republic Act (RA) 4109 to perform standards 
development, certification, testing, policy formulation , and monitoring functions;  
 
WHEREAS , EO 101, Series of 1967 empowers the BPS to promulgate, subject to the 
approval of the DTI Secretary, such rules and regulations for the marking of goods 
standardized  by the BPS and for other purposes;  
 
WHEREAS , such BPS mandates are reiterated in RA 7394 or the “Consumer Act of the 
Philippines ” wherein it states that, “ it shall be the duty of the State to develop and provide 
safety and quality standards for consumer p roducts, 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 un reasonable 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; and to assure the public of the 
consistency  of standardized products ”; 
 
WHEREAS , EO 913, Series of 1983, vests with the DTI the adjudicatory powers such as to 
conduct arbitration, conciliation, mediation, formal investigation; imposition of administrative 
penalties; and issue cease -and-desist order s, seizures, preventive measures and other 
similar orders in case of violation of trade and industry laws including those relating to the 
BPS’ Certification Schemes;  
 
NOW THEREFORE , pursuant to RA 4109; RA 7394; EO 101, Series of 1967; EO 913, 
Series of 19 83; and EO 292, Series of 1987, the following Technical R egulation governing 
the BPS Mandatory Product Certification Schemes for Electronic Cigarettes  is hereby 
prescribed and promulgated for the compliance, information , and guidance of all concerned.  
  
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      Rule 1.  OBJECTIVE  
 
This DAO aims to strictly ensure that electronic c igarettes  to be manufactured, distributed, or 
sold in the Philippines  meet the specified safety requirement s prescribed by BPS.  
 
 
Rule 2.  SCOPE  
 
This DAO prescribes the Technical Regulation for the mandato ry certification of electronic 
cigarettes , refillable or disposable,  regardless of the format or model of the vaporizing 
device,  used with non -tobacco -containing e-liquids whethe r or not they contain nicotine.  
 
 
Rule 3.  DEFINITION OF TERMS  
 
For purposes of this O rder, the following definitions shall apply:  
 
3.1. Audit  – a systematic, independent and documented process for obtaining audit 
evidence, and evaluating it objectively to determine the extent to which the audit 
criteria are fulfilled. 1 
 
3.2. Audit criteria  – set of  policies, procedures or requirements used as a reference 
against which audit evidence is compared. 2 
 
3.3. Accredited Conformity Assessment Body (CAB)  – inspection body, testing 
laboratory or certification body accredited under PNS ISO/IEC 17020, PNS ISO/IEC 
17021, PNS ISO/IEC 17025 or PNS ISO/IEC 17065, respectively, in its relevant 
updated version/edition by the Philippine Accreditation Bureau (PAB) or by an 
accreditation body that is a signatory to regional/international agreements entered 
into by the Govern ment of the Republic of the Philippines through DTI [(i.e. Asia 
Pacific Accreditation Cooperation (APAC) , International Laboratory Accreditation 
Cooperation (ILAC) , International Accreditation Forum (IAF)] . 
 
3.4. Base  Type/Model – one that represents a set of g eneric characteristics of a group 
of products.  
 
3.5. Generic Type /Model  – refers to a type/model or series of types/models which 
critical components and materials together with its mechanical and electrical 
designs are similar including the capacity, energy sou rce, electrical characteristics, 
and other physical or functional characteristics with the base type/model.  
 
3.6. BPS – Bureau of Philippine Standards of the DTI . 
 
3.7. BPS Recognized Conformity Assessment Body (CAB)  – the CAB (inspection 
body, testing laboratory, o r certification body) duly recognized by BPS to have the 
scope and competence to conduct activities relevant to the requirements set forth 
by BPS, to include but not limited to, CABs accredited by the PAB, CABs 
recognized by BPS under the A ssociation of South East Asian Nations Mutual 
Recognition Arrangement (ASEAN MRA) , Asia-Pacific Economic Cooperation 
(APEC)  MRA and other regional and bilateral MRAs entered into by the 
Government of the Philippines through the DTI. BPS shall issue Recognition 
Certificate  upon completion of all requirements for application for recognition.      
                                                                 
1 ISO 19011:2011  
2 Ibid.   
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                       
3.8. Certification Body  – third party conformity assessment body operating a 
certification scheme.  
 
3.9. Confirmation  – an action, declaration, document, or statement that corroborates, 
ratifies, verifies, gives formal approval, or assures the validity of something.3 
 
3.10. Conformity Assessment Body (CAB)  – a third party inspection body, testing 
laboratory and certification body operating within its scope of competence.  
 
3.11. Conformity  – fulfillment o f a requirement.4 
 
3.12. DTI – Department of Trade and Industry  
 
3.13. Determination  – include assessment activities such as testing, measuring, 
inspection, design appraisal, assessment of services, and auditing to provide 
information regarding the product requirement s as input to the review and 
attestation functions.  
 
3.14. Electronic cigarette – device used to transform an e -liquid into an aerosol  that 
users inhale by mimicking the act of smoking . 
 
3.15. E-liquid – liquid or gel consumable intended for transformation into an aer osol and 
then inhaled with an electronic cigarette.5 
 
3.16. Evaluation  – systematic examination of the extent to which a product, process, or 
service fulfills specified requirements.6 
 
3.17. International Standard  – a standard developed under the WTO principles for 
international standards development such as those developed by international 
bodies like the International Organization for Standardization (ISO), International 
Electrotechnical Commission (IEC), International Telecommunication Union (ITU) 
and those develope d by foreign standards bodies under these principles.  
 
3.18. Inspection – examination of a product, process, service, or installation or their 
design and determination of its conformity with specific requirements, or, on the 
basis of professional judgment, with general requirements.7 This includes inventory 
and sampling.   
 
3.19. Inspection body  – a body that performs inspection. 8 
 
3.20. ISO/IEC 9000  – Quality Management System - Fundamentals and Vocabulary  
 
3.21. ISO/IEC 9001  – Quality Management Systems – Requirements  
 
3.22. ISO/IEC  17020  – Conformity assessment – Requirements for the operation of 
various types of bodies performing inspection.  
 
                                                                 
3 Webster’s New World Law Dictionary  
4 ISO/IEC 17000  
5 PNS AFNORXP D90 -300-1 
6 ISO/IEC 17000  
7 ISO/IEC 17020  
8 Ibid.   
Page 4 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      3.23. ISO/IEC 17021  – Conformity assessment – Requirements for bodies providing 
audits and certification of management systems.  
 
3.24. ISO/IEC 17025  – General requirements for the competence of testing and 
calibration laboratories.  
 
3.25. ISO/IEC 17065  – Conformity assessment – Requirements for bodies certifying 
products, processes and services.  
 
3.26. ISO 19011  – Guidelines for Auditing.  
 
3.27. Lot No./Batch No. – an ident ification number used to identify production/lot batch 
of the product for quality control purposes.  
 
3.28. PAB – Philippine Accreditation Bureau of the DTI.  
 
3.29. Philippine National Standards (PNS)  – Standards promulgated by the BPS.  
 
3.30. Product Certification  – the pr ovision of impartial third -party attestation that 
fulfillment of specified requirements has been demonstrated.  9 
 
3.31. PS License  – authority given by BPS to a local/foreign manufacturer, authorizing 
the use of the PS Certification Mark on its product.  
 
3.32. Review  – verification of the suitability, adequacy and effectiveness of selection and 
determination activities, and the results of these activities, with regard to fulfillment 
of specified requirements. 10 
 
3.33. Sampling  – a method of getting a representative sample of  a product according to 
a specified procedure.  
 
3.34. Surveillance – a systematic iteration of conformity assessment activities as a basis 
for maintaining the validity of the statement of conformity.11 
  
3.35. Test Report  – a document that presents test results and ot her information relevant 
to a test.  
 
3.36. Testing Laboratory  – a laboratory which measures, examines, or determines the 
characteristics of performance of material or products. It may also be a laboratory 
that calibrates inspection, measuring and test equipment.  
 
3.37. Third Party  – a body that is independent of the organization that provides the 
product/service and is not the user of the product/service (testing, inspection, and 
sampling). 12 
 
3.38. Trade name  – any registered name or designation identifying or distinguishin g an 
enterprise  
 
3.39. Verification – confirmation, through the provision of objective evidence, that 
specified requirements have been fulfilled.13 This may include product testing.  
                                                                 
9 ISO/IEC 17065  
10 ISO/IEC 17000  
11 ISO/IEC 17000  
12 Ibid.   
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                       
3.40. Warehouse – secured premises built purposely for storage of products and to 
preserve the quality and integrity of the same.  
 
 
Rule 4.  THE PHILIPPINE STANDARD (PS) SAFETY  CERTIFICATION MARK 
LICENSING SCHEME  
 
The PS Safety  Certification Mark Licensing Scheme (PS Licensing Scheme for brev ity) shall 
be available to both local and foreign manufac turers selling or distributing electronic 
cigarettes  in the Philippine market.  The L icense to use the PS Certification Mark shall be 
granted to a company found to be compliant with the requirements. To ensure compliance of 
the certified products, regular surveillance activities as per existing DTI rules shall be 
conducted as follows, as may be applicable:  
 
4.1 Loca l companies holding a valid PS L icense;  
 
4.1.1  Annual system and product audit at the factory; and  
4.1.2  Regular inspection/verification at the warehouse/market  and product 
testing, if necessary;  
 
4.2 Foreig n companies holding a valid PS L icense;  
 
4.2.1  Annual system and product audit at the factory; and  
4.2.2  Regular inspection/verification per shipment and product testing, if 
necessary;  
 
 
Rule 5.  DOCUMENTARY REQUIREMENTS AND PROCEDURE S FOR THE PS 
LICENSING SCHEME  
 
5.1 Application for PS Licensing Scheme shall be supported by the following:  
 
5.1.1  Duly accomplished application form, subscribed and sworn to by the 
applicant, or his duly authorized management representative. In case of an 
overseas  applicant, the application form shall be duly authenticated by the 
Philippine Consulate in the country where the manufacturing plant to be 
audited is located. The requirement of authentication may be waived subject 
to reciprocity arrangements between the Philippines and the exporting 
country;  
 
5.1.2  For a sole proprietorship: Business Name Registration and permit issued by 
the local government unit having jurisdiction over it ; or  
 
For a corporation or partnership: SEC Registration and Articles of 
Incorporation/ Partnership and By -Laws, submitted once, unless an 
amendment has been made;  
 
5.1.3  Latest Income Tax Return or latest audited financial statement,  and 
certification of an accountant on the net worth of the business, submitted 
once unless an amendment has been ma de within the current year ; 
 
                                                                                                                                                                                                          
13 ISO/IEC 9000   
Page 6 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      5.1.4  Quality Management System (QMS) Manual covering th e product being 
applied for PS L icense, including the product/s’ production process; and  
 
5.1.5  Oath of undertaking to abide by the Terms and Conditions of the License, 
respectively signed by the manufacturer /local office or agent  
 
5.2 PS License Application Process  
 
5.2.1  Processing of applications under this scheme replaces the PS Scheme under 
DAO 4:2008, subject to the requirements and transitory provision stated 
herein.  
 
5.2.2  Each PS L icense app lication shall be factory, plant or site -specific.  
 
5.2.3  Conduct of Factory and Product Audit  
 
5.2.3.1  Upon submission and confirmation of the completeness and 
compliance of the documentary requirements, an assessment of the 
Quality Management System’s conformity to P NS ISO 9001 and 
product specifications’ conformity to specific applicable version of PNS 
shall be conducted;  
 
5.2.3.2  Audit shall be undertaken by either the BPS, DTI Regional/Provincial 
Office (RO/PO) , or BPS -recognized auditing bodies based on 
established audit  procedure. Only recognized auditing bodies in the 
BPS’ official list may be designated as auditors; and  
 
5.2.3.3  During the audit, samples shall be drawn for all types/models of the 
product to be certified for the purpose of in -plant and independent 
testing. Ind ependent testing shall be conducted only by BPS -
recognized testing laboratory.  
 
5.2.4  If the applicant is a foreign -based manufacturer, the application shall, for 
purposes of accountability, be made and filed by its local branch or 
representative office or repr esentative agency who must be duly registered in 
accordance with Philippine laws;  
 
5.2.5  The PS L icense shall only be issued upon satisfactory evaluation of the 
factory audit and determination of product conformance to specific PNS 
based on pertinent test report s; 
 
5.2.6  If the evaluation of the factory audit report showed unsatisfactory results, the 
PS Li cense shall not be issued. Only after the re -assessment and subsequent 
product compliance s hall the BPS issue the PS L icense;  
 
5.2.7  The PS License shall be effective from the date of issuance and with full force 
and effect for a period of three (3) years, subject to the surveillance audits 
prescribed herein. PS License can be suspended, withdrawn or cancelled at 
any time for cause and after due process;  
 
5.2.8  For renewals, the P S License holder must, through written notice, coordinate 
with BPS or the DTI RO/PO  for a schedule of the re -certification audit at least 
six (6) months before the expiration date. Otherwise, the PS License shall be 
considered expired immediately after the  end period of its validity.  
  
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      5.2.9  In case of changes materially affecting the PS License and/or license holder’s 
ability to comply with BPS product certification requirements, the license 
holder shall inform BPS in writing at least fifteen (15) calendar days p rior to 
the date the changes will take effect. The notice must include a request for re -
certification audit. The validity of the PS License shall be deemed suspended 
from the date of changes taking effect as indicated in the notice until the 
release of re -certification audit results. Thereafter, the existing PS License 
shall be considered expired.  
 
5.2.9.1  Changes may include, but shall not be limited to, change in 
management or business name; transfer of plant site; modification of 
product design and/or specificat ions. 
 
5.2.10  All importers of electronic cigarettes covered by a valid PS License issued to 
a foreign manufacturer shall apply for a Statement of Confirmation (SOC) on 
a per shipment, per Bill of Lading/Airway Bill basis to ensure that the imported 
products came  from a valid PS License holder company.  
 
 
Rule 6.  FILING / PROCESSING OF APPLICATION FOR  STATEMENT OF 
CONFIRMATION OR IMPORT COMMODITY CLEARANCE FOR IMPORTED 
ELECTRONIC CIGARETTES  
 
6.1. The importer shall apply for either Statement of Confirmation (SOC) for PS certifi ed 
electronic cigarettes  or Import Commodity Clearance (ICC) for non -PS certified 
electronic cigarettes  on a per shipment  per Bill of Lading/Airw ay Bill basis. The duly 
accomplished and subscribed application form shall be supported by the following:  
 
6.1.1  For sole proprietorship registered with DTI, the application shall be 
accomplished and signed by the owner and filed by the owner or by a duly 
authorized representative by virtue of a notarized Special Power of Attorney 
(SPA); or   
 
For Corporation/Partnership registered with SEC, the application shall be 
accomplished and signed, and filed by any officer or organic employee, duly 
authorized by virtue of a notarized board/partnership resolution or Secretary’s 
Certificate;  
 
6.1.2  Packing List;   
 
6.1.3  Commercial Invoice;  
 
6.1.4  Bill of Lading;  
 
6.1.5  Summary of the production batch/lot/serial numbers;  
 
6.1.6  Technical Specifications of the electronic cigarette  
 
6.1.6.1  Detailed diagram of the device showing all parts  and 
6.1.6.2  Materials composition of the device  
 
6.1.7  DTI Business Registration Certificate for s ole proprietorship or Latest SEC 
Registration Certificate and Articles of Incorporation/Partnership for 
corporation/partnership;   
Page 8 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                       
6.1.8  List of distributors/retailers with their complete addresses and contact details;  
 
6.1.9  Proof of ownership or contract of lease of  warehouse;  
 
6.1.10  Import Entry (may be submitted later prior to release of the certificate);  
 
6.1.11  Surety Bond;  and 
 
6.1.12  Copy of PS License for SOC applications  
 
6.2. The application for SOC/ICC shall be processed as follows:  
 
6.2.1  Application for Statement of Confirmation (SO C) 
 
6.2.1.1  The applicant shall submit the duly accomplished and subscribed 
application form and requirements to the BPS or to the nearest DTI 
RO/PO . 
 
6.2.1.2  Upon receipt of the application and complete requirements, a Certificate 
of Conditional Release shall be issued, subject to the conditions stated 
therein.  
 
6.2.1.3  Product inspection shall be conducted by the BPS or the identified BPS -
recognized inspection body at the declared warehouse in accordance 
with the applicable provisions hereof. The original inspection report shall  
be sent directly to the BPS by the BPS -recognized inspection body 
within two (2) working days from the date of inspection.  
 
6.2.1.4  Based on the result of the inspection, the importation shall be evaluated 
by the duly authorized BPS or DTI RO/PO personnel to dete rmine its 
consistency with the importation documents (e.g. quantity, markings, PS 
license number).  
 
6.2.1.5  If inspection shows that the product shipped is consistent with the 
importation documents, SOC shall be issued by the BPS Bureau 
Director or his duly design ated representative. Otherwise, a Show 
Cause Order shall be issued and the provisions hereto shall apply.  
 
The BPS shall have the prerogative to require sampling and testing to 
verify the consistent conformance of the product to the standard as 
amended/upd ated as well as the compliance of the manufacturer to the 
provisions of this Order and other applicable rules and regulations.  
   
6.2.2  Application for Import Commodity Clearance (ICC)  
 
6.2.2.1  Processing of applications under this scheme replaces the ICC Scheme 
under D AO 5 :2008, subject to the requirements and transitory provision 
stated herein.  
 
6.2.2.2  The applicant shall submit the duly accomplished and subscribed 
application form and requirements to the BPS or to the nearest DTI 
RO/PO.  
  
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      6.2.2.3  Upon receipt of the application and c omplete requirements, a Certificate 
of Conditional Release shall be issued, subject to the conditions stated 
therein.  
 
6.2.2.4  Product inspection and drawing of samples shall be conducted by the 
BPS or the identified BPS -recognized inspection body at the declared  
warehouse in accordance with the applicable provisions hereof. The 
original inspection report shall be sent directly to the BPS by the BPS -
recognized inspection body within two (2) working days from the date of 
inspection.  
 
6.2.2.5  If inspection shows that the pr oduct shipped is consistent with the 
importation documents, product samples shall be drawn in accordance 
with the prescribed sampling size herein for testing. Otherwise, a Show 
Cause Order shall be issued and the provisions hereto shall apply.  
 
6.2.2.6  The drawn s amples shall be submitted by the applicant to the BPS -
recognized testing laboratory within twenty -four (24) working hours from 
the date of inspection and sampling for the conduct of testing.  
 
6.2.2.7  If the result of the test shows conformance, the ICC shall be is sued by 
the BPS Bureau Director or his duly designated representative. 
Otherwise, a re -testing may be conducted, or the application will be 
denied and exportation or destruction of the non -conforming product 
shall be undertaken within ninety (90) days, at the cost and option of the 
importer.  
 
 
Rule 7.  INSPECTION AND SAMPLING  
 
7.1 Inspection and sampling shall be conducted by the BPS, DTI RO/PO or the BPS -
recognized inspection b ody in accordance with existing BPS Inspection and 
Sampling Procedure.  
 
7.2 Sampling Size  
 
7.2.1  For ICC application, sixteen ( 16) pieces of electronic cigarettes per 
type/model per brand shall be randomly drawn from the shipment at the 
importer’s warehouse. The first eight ( 8) pieces  shall be sent to the BPS -
recognized testing laboratory for testing . The remaining units shall be kept by 
the importer as reserved samples.  
 
7.2.2 For PS initial, surveillance or recertification audits, twenty -four ( 24) pieces of 
electronic cigarettes per type/model per brand shall be randomly drawn from 
the manufacturer’ s production line or warehouse. The first eight ( 8) pieces 
shall be tested in -plant. The next eight ( 8) pieces  shall be sent to the BPS -
recognized testing laboratory for independent testing upon satisfactory result 
of the in -plant test. The remaining units  shall be kept by the manufacturer as 
reserved samples.  
 
7.2.3 For generic types/models, one (1) unit shall be drawn and be sent together 
with its base type/model to the BPS -recognized testing laboratory for actual 
verification purposes.  
  
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      7.3 Sampling Procedur e 
 
7.3.1  The BPS, DTI RO/PO , BPS -recogniz ed auditing/inspection body, the PS 
applicant/license holder , and ICC applicant ’s authorized representative shall 
ensure that the drawn samples are traceable to the particular lot/batch or 
shipment  where they were  drawn.  
 
7.3.2  Test samples drawn shall be packed/sealed and signed in the presence of 
authorized representatives from BPS, DTI RO/PO or BPS -recognized 
auditing/inspection body who shall ensure that the Request for Test form is 
properly filled -up and signed by the manuf acturer or importer.  
 
7.3.3  The auditor or the inspector shall ensure that the Request for Test form 
together with the drawn samples is directly submitted to the BPS -recognized 
testing laboratory within three (3) days from the date of audit/inspection and 
furnish BPS with a copy thereof within three (3) days from submission. For 
foreign -based PS License holders/applicants, the auditor shall ensure that the 
samples drawn shall be shipped to the BPS -recognized testing laboratory 
within three (3) days from the date  of audit.  
 
7.3.4  The BPS -recognized testing laboratory shall document properly the receipt of 
the product samples to include but not limited to taking pictures of the 
following:  
 
7.3.4.1  Request for Test; and  
 
7.3.4.2  Packaging of the samples as submitted and rece ived 
 
 
Rule 8.  PRODUCT TESTING  
 
8.1. Product testing shall be conducted by a BPS -recognized testing laboratory.  
 
8.2. Product testing shall be conducted as follows:  
 
8.2.1  Tests  for Mechanical Risks  
 
8.2.1.1  Visual inspection with absorbent paper for r isks linked to filling ( applica ble 
only to  electronic cigarettes of which the tank is designed to be  refilled with 
e-liquid by the user) ; 
8.2.1.2  Sharpness of edges test for c utting injury risks ; 
8.2.1.3  Mechanical crushing strength test  for risks linked to the mouthpiece;  
8.2.1.4  Drop test ; 
8.2.1.5  Recharge test foll owing dr op test;  
8.2.1.6  External short -circuit test  for structural integrity risks ; 
8.2.1.7  Leak-tightness test for l eakage  risks 
 
8.2.2  Tests for Thermal Risks  
 
8.2.2.1  Burn risks  test 
8.2.2.2  Test of the control switch  
 
8.2.3  Migration Test for Chemical Risks  
  
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THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      8.3. To verify conformance to the aforeme ntioned testing requirements, the test 
methods prescribed by PNS AFNOR XP D90 -300-1:2019  shall be used. 
Considering the regular updating of standards, the latest edition of the PNS shall 
be used as reference. It is understood that future amendments of the PNS used in 
this Order shall be effective one (1) year after its promulgation to provide ample 
time to all stakeholders to adjust and conform to the new requirements, if any.  
 
8.4. For initial, surveillance or recertification audits, samples drawn shall be test ed in -
plant.  The manufacturer shall have testing capability to conduct the tests for 
mechanical, thermal , and chemical  risks. Only after the result of in -plant tests 
showed conformance to the requirements of the standard shall the auditor prepare 
the Reque st for Test for independent testing.  
 
8.5. The drawn samples shall be tested by the BPS -recognized testing laboratory.  
 
8.6. If upon verification of the BPS-recognized testing laboratory  that the claimed 
generic type/model did not conform to the definition as state d in Rule 3 Clause 3.5 
of this Order, full testing shall be required.  
 
8.7. Tested samples shall be retrieved by the manufacturer/importer upon receipt of 
notice of retrieval from the testing laboratory. Otherwise, the tested samples upon 
notice shall be dispo sed of accordingly.  
 
8.8. The manufacturer/importer shall have one (1) month from the receipt of the notice 
of disposal of test samples to arrange for the pickup of samples from the concerned 
testing laboratory. After said period, the testing laboratory shall, with due notice to 
BPS and the manufacturer/importer, dispose the samples in a manner deemed 
appropriate in accordance with existing accounting and auditing rules.  
 
8.9. Unused samples shall be retrieved by the manufacturer/importer within fifteen (15) 
days fro m receipt of notice of retrieval from the testing laboratory, copy BPS. 
Otherwise, they shall upon notice be disposed of in accordance with existing and 
applicable rules.  
 
8.10.  The original test reports shall be sent directly to the BPS by the BPS-recognized 
testing laboratory together with the pictures of samples as received, pictures of 
samples showing the required markings, and copy of the Request for Test.  
 
The BPS reserves the right to be present at any point of the certification process.  
 
 
Rule 9.  EVALUAT ION OF RESULTS  
 
Results of tests shall be evaluated based on the requirements of the standard.  
 
9.1. If the drawn samples showed conformance to the standard, the PS L icense or ICC 
Certificate shall be issued.  
 
9.2. If the drawn samples failed the required tes ts, the applicant may undertake any of 
the following options:  
 
9.2.1.  For factory audits:  
 
9.2.1.1.  Applicant requests for testing of the reserved samples or undertake 
corrective measures. If corrective measure was undertaken,  
Page 12 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      another product audit shall be conducted.  
 
Only after re -assessment and subsequent product compliance shall 
the manufacturer be allowed by BPS to use the Product 
Certification Mark.  
 
9.2.2.  For ICC application:  
 
9.2.2.1.  Applicant requests for testing of the reserved samples at its own 
expense;  
 
9.2.2.2.  Applicant exports th e shipment back to the country of origin, at its 
own expense, subject to inventory and inspection by an authorized 
DTI/BPS representative prior to the exportation. Export documents 
(i.e. Bill of Lading and Import Entry or any other document that will 
serve  as proof that the non -compliant products arrived at the country 
of origin) shall be submitted by the importer to the BPS; or  
 
9.2.2.3.  Applicant destroys the non -conforming products in accordance with 
existing rules and regulations, at its own expense, and to be 
witnessed by a duly authorized DTI/BPS representative. Inspection 
and inventory shall be conducted by the DTI/BPS representative 
prior to the actual destruction.  
 
9.2.3.  For rejected shipment, lot or batch:  
 
9.2.3.1.  Notwithstanding the acceptance of the shipment/batch, an y non -
conforming lots found during inspection and/or testing, whether 
forming part of the sample or not, shall be rejected.  
 
9.2.3.2.  The importer or manufacturer at its own expense either export to the 
country of origin or destroy the non -conforming product in the  
presence of DTI authorized representative and other relevant 
government agencies/authorities in accordance with existing rules 
and regulations.  
 
9.3. If the test results of the reserved samples show conformance, PS  License or ICC  
Certificate shall be issued. O therwise, the application shall be denied and/ or the PS 
License shall be suspended. Only  after the re -assessment and subsequent product 
compliance shall the BPS  lift the suspension of the PS L icense . 
 
 
Rule 10.  MARKING REQUIREMENTS  
 
For traceability and verificatio n purposes, the required markings for manufactured or 
imported electronic cigarettes  shall be available at all times for verification by the BPS a nd 
DTI RO/PO , their authorized representatives, and by the duly authorized enforcement teams 
either at the man ufacturer’s/importer’s wareh ouse or traders’/distributors’/ retailers’ 
warehouse, if applicable.  
 
The required markings  and information  shall be as follows:  
  
Page 13 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      10.1 On electronic cigarette (device)  
10.1.1   Trade  name or brand name  
10.1.2   Serial /Batch Number  
10.1.3   PS License Mark or ICC Sticker  
 
10.2 On packaging /box 
10.2.1  Trade name or brand name   
10.2.2  Duly registered trademark  
10.2.3  Product type /model  
10.2.4  Duly registered business name and address of manufacturer  and    
importer (if imported) or duly registered business name and 
address of manufacturer (if locally manufactured);  
10.2.5  Country of Orig in 
 
10.3 Information to be provided with the packaging unit of electronic 
cigarette  
10.3.1  Trade name or brand name   
10.3.2  Product type /model  
10.3.3  Duly registered business name and address of manufacturer  and    
importer (if imported) or dul y registered business name and 
address of manufacturer (if locally manufactured)  as well as 
contact details ; 
10.3.4  For refillable electronic cigarettes, pictogram prescribed by the 
standard indicating the diameter of the tank filling hole  
10.3.5  For prefilled electron ic cigarettes, the information prescribed by 
PNS AFNOR XP D90 -300-2:2019  
10.3.6  The characteristics of the battery , e.g. capacity , voltage, etc.  
10.3.7  Accessory compatibility (Rechargeable batteries, USB chargers, 
and adapte rs) 
 
10.4 Product Information Manual – must be c omprised of elements prescribed 
by PNS AFNOR XP D90 -300-1:2019 and its future amendments . It may take 
the form  of either a paper leaflet supplied with the electronic cigarette or an 
electronic leaflet accessible via website address mentioned in the packaging  
or the packaging unit.  
 
In the absence of any of the required markings or submission of incomplete markings, the 
applicat ion for PS License, SOC, or  ICC shall not be processed until such time that the 
required markings are submitted or corrected.  
 
 
Rule 11.  RECOG NITION OF CONFORMITY ASSESSMENT BODY  
 
11.1.  Only recognized Conformity Assessment Bodies (CABs) shall be allowed to 
participate in this mandatory product certification scheme.  
 
11.2.  Any CAB that intends to be recognized shall accomplish the BPS Recognition 
Applicatio n Form together with the following:  
 
11.2.1.  Certificate of Accreditation from an Accreditation Body signatory to the 
ILAC/ APAC , to include the Scope of Accreditation;  
 
11.2.2.  Certified True Copy of the Articles of Incorporation. For foreign CAB, all 
incorporation docume nts shall be authenticated by the Philippine  
Page 14 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      Consulate Office. The authentication requirement may be waived subject 
to reciprocity agreement;  
 
11.2.3.  List of authorized signatories indicating their company position and the 
corresponding specimen signature;  
 
11.2.4.  An un dertaking to abide by the terms and conditions of the recognition.  
 
11.3.  For foreign CABs, the application shall be submitted by the local 
office/representative agency to ensure accountability. Applications of foreign 
CABs with no local office/representative ag ency shall be denied.  
 
11.4.  The requirement on local office/representative agency may be waived subject to 
the provisions of any Mutual Recognition Agreement entered into by the 
Philippine Government through the DTI. 
 
11.5.  The BPS may, at any time, conduct full veri fication of the competence of the 
CAB to perform the conformity assessment activities.  
 
 
Rule 12.  TERMS A ND CONDITIONS OF THE PS LICENSE  
 
The PS License holders and importers shall abide by the following terms and conditions:  
 
12.1.  Consistently abide by RA 4109, EO 133:  1987, EO 913: 1983 and RA 7394 and 
their implementing rules and regulations, and orders which the BPS issues in 
pursuance with its authority under the law. 
 
12.2.  Ensure that the certified product conforms at all times to a specific standard as 
amended/updated and its implementing rules and regulations.  
 
12.3.  Warrant that it has the authority to use the brand name, trade name and 
trademarks indicated in the application form.  
 
12.4.  Be held liable for any damages that its product might cause to their consumers.  
 
12.5.  The Product  Certification Mark shall not be affixed on any products not covere d 
by the license issued by BPS.  
 
12.6.  Establish and maintain system s of product recall  and of addressing complaints 
filed by its clients or customers concerning its certified products , and shall  
maintain records thereof.  
 
12.7.  Give duly -authorized representatives of the BPS or DTI RO/PO  or, in the case of 
foreign companies, BPS or BPS -recognized CABs, full access to the premises 
where the certified product is manufactured/assembled/stored ; to relevant  
equipment, records, personnel and subcontractors for purposes of investigating  
complaints or evaluating consistency of compliance with the requirements of this 
technical regulation ; 
 
12.8.  Maintain a record of all complaints made known to it, relating to compli ance with 
certification requirements and make these records available to BPS or its 
authorized representative/s when requested; take appropriate action with respect 
to such complaints and any deficiencies found affecting such product’s  
Page 15 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      conformance to the r equirements for certification; and, document the action 
taken, subject to verification by the BPS or its authorized representative/s . 
 
12.9.  Submit itself to surveillance activities to ensure consistent compliance with the 
BPS requirements o f the Product Certifi cation Scheme.  
 
12.10.  In case  of subcontracts, shall assume full responsibility for its sub -assemblies’, 
semi -finished and finished products’ conformance to the specific requirements.  
 
12.11.  Inform BPS in writing of any changes that will materially affect its PS Licen se and 
its ability to comply with BPS product certification requirements at least fifteen 
(15) cal endar days prior to the date the change will be made, such as, but not 
limited to change in management, business name, addition of brand name , 
modification of product ’s designs and specifications  and/or transfer of plant site.  
 
12.11.1  If the change involves addition of brand name and modification in the 
product’s design or specifications, BPS shall facilitate the conduct of 
appropriate product certification activity;  
 
12.11.2  In case of transfer of plant site, BPS, DTI RO/PO , or BPS -recognized 
auditing bodies shall conduct factory and product audit at the new site.  
 
12.12.  Pay the applicable fees and other charges as billed or stipulated by BPS, its duly 
recognized inspection  and/or certification bodies.  
 
12.13.  Any incorrect references to the certificatio n scheme; misleading use of PS 
License, SOC, ICC, marks or any other mechanisms indicating that a product is 
certified found in documentation or publicity materials or any breach he reof, shall 
be a ground for the issuance of Show Cause Order.  
 
12.14.  Traders or retailers in possession of covered products whose PS Licenses have 
expired or have been suspended, recalled, withdrawn, revoked or cancelled shall 
be notified in writing of such sus pension, recall, withdrawal, revocation or 
cancellation.  
 
12.15.  Upon suspension, recall, withdrawal, cancellation or revocation of the  PS 
License, the holder shall discontinue the manufacture and/or use of covered 
products including advertising materials relevan t thereto and shall take action as 
may be required by the BPS.  
 
12.16.  The PS License is  non-transferable.  
 
Any infractions of the foregoing shall be a ground for the suspension, withdrawal or 
cancellation o f the license . 
 
 
Rule 13.  REQUIREMENTS IN CASE OF NON -CONFORMANC E  
 
For covered electronic cigarettes  that do not conform to the requirements of BPS rules and 
regulations/guidelines, the following provisions, on a per shipment basis, shall apply:  
 
13.1.  A SHOW CAUSE ORDER shall be issued by BPS or DTI -RO/PO  giving the PS 
License holder or the importer opportunity to explain why its Surety Bond shall 
not be forfeited in favor of DTI and/or why a formal charge shall not be filed. This 
may include a CEASE AND DESIST ORDER addressed to the owner/manager   
Page 16 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      or the authorized represen tative  of the company concerned, to refrain from 
supplying, distributing, selling or displaying for sale the products subject thereof 
until such time that the Show Cause Order is lifted.  
 
13.2.  If the explanation to the Show Cause Order is not acceptable, the B PS or DTI -
RO/PO  shall direct the manufacturer and/or importer concerned to submit a 
sworn affidavit undertaking to do the following as directed whichever is 
applicable:  
 
13.2.1  Permanently cease and desist from supplying, distributing, selling or 
displayin g for sale the non -conforming products subject thereof;  
 
13.2.2  Effect a full product recall to account such products that are already in 
circulation through publication in a newspaper of national circulation, 
giving the public a period of thirty (30) days  from publication within 
which to return subject products. The product recall shall specify the 
basis or ground therefor. The manufacturer/importer/distributor shall 
keep BPS informed in writing on the progress of the recall. Such 
publication shall include  a NOTICE warning the public that the product 
subject thereof is not compliant with the safety and/or quality 
requirement; and  
 
13.2.3  Recognize BPS autho rity to forfeit the Surety Bond.  
 
 
Rule 14.  PROCEDURES AND REQUIREMENTS FOR PRODUCT RECALL  
 
After the  product i s declared by the BPS to be non -conforming, the BPS shall immediately 
notify the manufacturer and /or importer. The manufacturer and/or importer shall within fifteen 
(15) days from receipt of notice implement product recall in accordance with the following:     
 
14.1.  The recall order shall be published in a newspaper of general circulation for at 
least two (2) consecutive Saturdays/Sundays ; 
 
14.2.  The layout, content, font and size of the recall order shall be prescribed by the 
BPS;  
 
14.3.  The recall period shall be for a mi nimum of thirty (30) days from date of the 
second publication;  
 
14.4.  Proof of publication of the recall orders shall be submitted to the BPS or the DTI 
RO/PO ; 
 
14.5.  Inventory of the recalled products shall be submitted to BPS or DTI RO/PO ; 
 
14.6.  Recalled products shall be condemned, destroyed, or otherwise disposed of in 
accordance with applicable rules on disposal issued by the DTI, Department of 
Budget and Management , and Commission on Audit.  
 
14.7.  The manufacturer and/or importer shall compensate parties availing of the re call 
order.  
 
 
 
  
Page 17 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      Rule 15.  FEES, CHARGES, BOND REQUIREMENT AND OTHER EXPENSES  
 
15.1.  All corresponding fees, charges, costs, and other related expenses shall be for the 
account of manufacturer/importer.  
 
15.2.  Fees and charges to be paid by the applicant in accordance with Annex A  shall be 
as follows:  
 
15.2.1.  Application Fee;  
15.2.2.  Audit/inspection fees ; 
15.2.3.  Transportation/ travelling expenses, and board and lodging costs of 
auditor/s and inspector/s during audit/ inspection, subject to existing  rules 
and regulations or third -party provision ; 
15.2.4.  Process ing Fee of  Statement of Confirmation/Import Commodity 
Clearance on imported products (non -refundable, payable upon filing of 
the application on per product , per shipment, per Bill of Lading/Airway Bill 
basis, assessed by the BPS based on the amount declare d in the 
Invoice) ; 
15.2.5.  PS License fee for manufactured products ; 
 
15.3.  For imported electronic cigarettes , a Surety  Bond amounting to One Hundred Fifty 
Thousand Pesos (PhP 150,000.00) shall be posted on a per shipment, per Bill of 
Lading/Airway Bill basis.  
 
15.4.  Any vio lation of the terms and conditions of the Product Certification Scheme 
shall, upon notice, result in the motu proprio  forfeiture of the bond based on the 
non-conformity or non -compliance stated herein.  
 
 
Rule 16.  SHOW CAUSE ORDER AND BOND FORFEITURE  
 
16.1 A Show Cause Order shall be issued against a manufacturer or importer who fail s 
to comply with legal and technical requirements or whose product/s failed to 
conform to such requirements, unless the manufacturer or importer can justify 
under oath that the non -conformity is correctible and/or the non -compliance is 
negligible.  
16.2 A Cease and Desist Order may be issued simultaneously with the Show Cause 
Order directing the manufacturer and/or importer to refrain from selling, distributing 
or disposing the products in an y manner.  
16.3  Any violation of the Terms and Conditions of the Certificate of Conditional 
Release and/or provisions of this Order shall, upon notice, result in moto proprio  
forfeiture of the S urety Bond.  
16.4 Pending resolution of the Show Cause Order involving a  particular shipment, 
applications filed after the issuance of the Show Cause Order by the same 
importer may be processed, provided, a sworn undertaking to a bide by the 
decision on said Show Cause Order  shall be submitted prior to the issuance of the 
neces sary Certificate/License for succeeding application/s.  
 
  
Page 18 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      Rule 17. SUSPENSION, WITHDRAWAL, AND CANCELLATION OF PS LICENSE  
 
17.1 A duly issued PS License shall be suspended, recalled, withdrawn, cancelled or 
revoked based on any of the following grounds:  
 
17.1.1  That the  product bearing the PS Mark failed to conform to the requirements 
of a specific PNS as amended/updated;  
 
17.1.2  That licensee failed to comply with monitoring, surveillance or enforcement 
notices/directives/orders;  
 
17.1.3  That the licensee failed to comply with the te rms and conditions of the 
license;  
 
17.1.4  That the licensee made false statements or alterations in connection with its 
application for or re -certification of the license;  
 
17.1.5  That the licensee violated any of the provisions of this Order;  
 
17.1.6  That an Order of Executi on vis-à-vis a decision finding the licensee liable for 
violation of a trade and industry law/s or rules and regulations directing BPS 
to suspend/cancel or revoke the PS License issued in favor of said licensee;  
 
17.2 The license shall be suspended, recalled, w ithdrawn, cancelled or revoked after the 
BPS Director has served the license e 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 fifteen (15) days from the d ate of notice.  
 
17.3 If there is a final finding that a product does not conform to the specified technical 
requirements, the license shall, upon mere notice be immediately suspended, 
withdrawn, recalled, cancelled or revoked.  
 
17.4 Notwithstanding the preceding pr ovisions, the BPS Director may direct that a 
Formal Charge be filed against the party concerned pursuant to EO 913 Series of 
1983, DAO No. 7, Series of 2006 and DAO No. 2, Series of 2007 and /or its future 
amendments.  
 
 
Rule 18.  COMPLAINTS/APPEAL HANDLING  PROCESS  
 
18.1 BPS shall implement a system of handling complaints/appeals related to the 
product certification process.  
 
18.2 Remedies for the action or decision of a BPS personnel/chief/director relative to an 
application for PS License /SOC/ICC  shall be the follow ing: 
 
18.2.1  In case of denial of the PS License /SOC/ICC  application, the applicant may 
file a motion for reconsideration with the BPS Director within ten (10) 
working days from receipt of the letter of denial. No second motion for 
reconsideration shall be allowe d; 
 
18.2.2  In case of suspension, recall, withdrawal, cancellation or revocation of the 
PS License, a motion for reconsideration may be filed with the BPS Director 
by the licensee within ten (10) working days from receipt of the notice. No 
second motion for recon sideration shall be allowed.   
Page 19 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                       
18.3 In case the motion for reconsideration is denied, an appeal may be filed with the 
DTI Secretary within fifteen (15) calendar days from receipt of denial of the motion 
for consideration. The appeal shall be based solely on grou nds of grave abuse of 
discretion amounting to lack or excess of jurisdiction committed by the official who 
rendered the decision.  
 
18.4 The filing of a Motion for Reconsideration shall suspend the period to file an 
appeal.  
 
 
Rule 19. PROHIBITED ACTS  
 
The follo wing acts are hereby declared prohibited, in addition to those listed in DAO No. 2, 
Series of 2007 and its future amendments, viz:  
 
19.1 Use of the Product Certification Mark in any misleading manner;  
 
19.2 Sale,  offer for sale using over the counter or on -line mode  or any form of 
advertisement of any electronic cigarette  not complying with the particular technical 
regul ation or corresponding standard ; 
 
19.3 Non-compliance, neglect or resistance to effect the product recall as directed by 
BPS;  
 
19.4 Misrepresentations,  mislead ing or unauthorized statements and/or claims made in 
the application, letters/replies/forms in relation to product certification. Such include 
unauthorized reproduction of product certification documents, or any part thereof;  
 
19.5 Non-compliance or failure to comply with the provisions hereof.  
 
 
Rule 20. PENALTIES OR SANCTIONS  
 
The following shall be imposed upon any manufacturer, importer, recognized testing 
laboratory/facility, or any other person or entity found in violation of any provision hereof after 
due process, as may be appropriate:  
 
20.1    Administrative fine as per existing DTI Rules and Regulations/Department   
    Administrative Orders and EO 913.  
 
20.2 Cancellation or revocation of PS License pursuant to a final and executory decision 
rendered by an admi nistrative agency or the regular courts.  
 
20.3 Cancellation or revocation of recognition issued by the BPS.  
 
20.4 Watch -listing and/or blacklisting of importers/manufacturers.  
 
20.5 Any other sanctions or penalties as provided under existing DTI rules and 
regulations.  
 
 
 
 
  
Page 20 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      Rule 21. DISPOSAL OF SAMPLES  
 
21.1 All remaining samples, which were drawn for testing purposes, and complied with 
the requirements of the standard, shall be claimed by the importer/ manufacturer 
within five (5) days upon receipt of the PS License or ICC Certi ficate . If the 
importer/manufacturer fails to claim the samples after receipt of PS License or ICC 
Certificate  or opted not to retrieve the sample at all, the laboratory shall dispose 
the samples as it may deem necessary, at the expense of the 
importer/man ufacturer.   
 
21.2 Samples which fail to comply with the specified requirements shall be stored for at 
least six (6) months in the laboratory to ensure their availability in the event the 
importer/manufacturer contests the result of the test including those subject of 
litigation.  
 
 
Rule 22.  ISSUANCE OF GUIDELINES/PROCEDURES  
 
BPS may issue such procedural guidelines as may be necessary in the implementation of 
this Order.  
 
 
Rule 23.  REPEALING CLAUSE  
 
All provisions of existing Department Administrative Orders, ci rculars, and guidelines 
inconsistent with this Administrative Order are hereby repealed subject to the transitory 
provisions below.  
 
 
Rule 24. SEPARABILITY CLAUSE  
 
If any term or provision of this Order should be declared illegal or invalid by a court of 
competent jurisdiction, the remaining terms and provisions thereof shall remain unimpaired 
and in full force.  
 
 
Rule 25. TRANSITORY PROVISIONS  
  
25.1 In the absence of a BPS-recognized testing laboratory, the  PS License  
holders/applicants  shall nominate a testing laboratory accredited by an 
accreditation body signatory to ILAC/APAC  to conduct the product testing as per 
Rule 8 of this Order;  
 
25.2 I mporters shall warrant that the electronic cigarettes  they import into the country 
conform to the standard throu gh the following:  
 
25.2.1  Importers shall submit supplier’s/manufacturer’s declaration of 
conformity on a per shipment per Bill of L ading /Airway Bill  basis; and 
 
25.2.2  Copy of valid test report for each type /model  of imported electronic 
cigarettes issued within one (1)  year from the date of filing of the 
application by a testing laboratory accredited by an accreditation body 
signatory to ILAC/APAC.   
Page 21 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                         
25.3 It is understood that the aforementioned requirements shall cea se to be 
implemented once a BPS -recognized testing l aboratory is available.  
 
 
 
 
Rule 26.  EFFECTIVITY  
 
This Order shall take effect upon fifteen (15) days after its publication in a national 
newspaper of general circulation, a copy of which shall be submitted to the UP Office of 
National Administrative Register.  
 
Done in the City of Makati this ________ day of _________________ in the year 2019.  
 
Recommended by:  
 
 
_______________________________                 _______________________________  
                     NEIL P. CATAJAY                                           ATTY. RUTH B. CASTELO  
Officer -in-Charge , Bureau of Philippine Standards                     Undersecretary, CPG  
 
Approved:  
 
 
_____________________________  
RAMON M. LOPEZ  
Secretary  
 
 
 
 
 
 
 
 
 
 
 
 
  
Page 22 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      ANNEX “A”  
TABLE 1: SCHEDULE OF FEES AND CHARGES FOR BPS PS  LICENSING  
 
 
 
 PARTICULARS  FEE PAYABLE TO  
1  Application Form  Php 300.00  
DTI 
2  Quality Manual Review  Php 5,000.00  
3  Pre-Audit / Audit / Surveillance Audits per Man -Hour (Payable within 15 days after billing)   
 as per size of establishment based on Tab le 1A  
3.1  Micro  Php 100.00 or as charged by 
Designated Auditing Body  
DTI / Designated 
Auditing Body  3.2  Small  Php 300.00 or as charged by 
Designated Auditing Body  
3.3  Medium  Php 400.00 or as charged by 
Designated Auditing Body  
3.4  Large  Php 500.0 0 or as charged by 
Designated Auditing Body  
4  Original License Fee* (Payable within 15 days after billing)   
4.1  Micro  Php 5,000.00  
DTI 4.2  Small  Php 7,500.00  
4.3  Medium  Php 10,000.00  
4.4  Large  Php 12,500.00  
5  Annual License Fee* (Payable wi thin 15 days after billing)   
5.1  Micro  Php 2,500.00  
DTI 5.2  Small  Php 3,750.00  
5.3  Medium  Php 5,000.00  
5.4  Large  Php 6,250.00  
6  Transportation  As per arrangement  
(if necessary)  DTI / Designated Auditing 
Body  
7  Hotel Accommodation  As per arra ngement  
(if necessary)  DTI / Designated Auditing 
Body  
8  Testing Fee  As charged by Designated 
Testing Laboratory  BPS-Recognized Testing 
Laboratory  
9  Freight Charges of Samples  As charged by Freight 
Forwarder  Freight Forwarder  
10  Market Sample  As per O fficial Receipts /  
Sales Invoice  Manufacturer/Importer   
Page 23 of 23 
  
THE NEW TECHNICAL REGULATION CONCERNING THE MANDATORY PRODUCT 
CERTIFICATION OF ELECTRONIC CIGARETTES                                      TABLE 1A: SIZE OF ESTABLISHMENT  
SIZE OF ESTABLISHMENT  ASSETS  
Micro  Up to Php  3,000,000.00  
Small  Php 3,000,001.00 up to Php 15,000,000.00  
Medium  Php 15,000,001 .00 up to Php 100,000,000.00  
Large  Over Php 100,000,000.00  
 
TABLE 2: SCHEDULE OF FEES AND CHARGES FOR THE IMPORT COMMODITY 
CLEARANCE (ICC) AND STATEMENT OF CONFIRMATION (SOC)  
PARTICULARS  FEE PAYABLE TO  
Application Fee  Php 300.00  DTI 
Processing Fee (depends on the value of the batch being  applied for SOC/ICC)  
Invoice/batch value up to  
Php 500,000.00  Php 5,000.00  
DTI Invoice/batch value from  
Php 500,001.00 to  
Php 1,000,000.00  Php 7,500.00  
Invoice/batch value above  
Php 1,000,000.00  Php 10,000.00  
Inspection Fee  As charged by the 
DTI / BPS Designated 
Inspection Body  DTI / Designated 
Inspection Body  
Transportation  As per arrangement 
(if necessary)  DTI / Designated 
Inspection Body  
Testing Fee  As charged by the 
BPS-Recognized 
Testing Laboratory  BPS-Recognized 
Testing Laboratory  
Freigh t charges of samples  As charged by Freight 
Forwarder  Freight Forwarder  
Market sample  As per Official 
Receipts/Sales 
Invoice  Manufacturer/Importer  
 
Notes:  
 
 Original and Annual License Fees depend on the size of establishment as stipulated 
on Table 1A here in. 
 
 The Schedule of Fees and Charges in this DAO were adopted from DAO 4:2008 and 
DAO 5:2008.  
 
 
 