Implementing Rules and Regulations of the National Metrology Act of 2003

2005

DOST IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9236 THE NATIONAL METROLOGY ACT OF 2003

Pursuant to the Provision of Section 19 of Republic Act 9236, otherwise known as the "Act Establishing a National Measurement Infrastructure System (NMIS) for Standards and Measurements, and for Other Purposes", the Department of Science and Technology hereby adopts and promulgates the following rules and regulations.

PART I

General Provisions

RULE I

Preliminary Provisions

SECTION 1.  Title. — This Implementing Rules and Regulations (IRR) shall be known as the "Implementing Rules and Regulations of the National Metrology Act of 2003."

SECTION 2.  Purpose. — This IRR shall provide guidelines on the implementation of the National Metrology Act of 2003.

SECTION 3.  Scope. — This IRR prescribes the metrological controls on measuring instruments and standards required to ensure reliable measurements in the Regulated Areas of Application, the functions, duties; and powers of the National Metrology Board and the National Accrediting Body; and the responsibilities of government departments and agencies and other entities with respect to the implementation of the Act.

RULE II

Declaration of State Policy

SECTION 4.  It shall be the policy of the State to facilitate. a) the development of scientific and technical knowledge; and, b) the progress in the national economy, by encouraging the standardization and modernization of units and standards of measurements to adapt to the needs of the times, including compliance to international standards and protection of the health, interest and safety of every consumer and his environment from the harmful effects of inaccurate or false measurements.

RULE III

Definition of Terms

SECTION 5.   With respect to technical metrological terms, this IRR adopts the definitions contained in the current edition of the "International vocabulary of basic and general terms in metrology" (Vocabulaire International des Termes Fondamentaux et generaux de Metrologie — VIM), published by International Bureau of Weights and Measures (Bureau International des Poids et Mesures — BIPM), International Electrotechnical Commission, (Commission electrotechnique internationale, CEI), International Organization on Standardization (ISO), and International Organization of Legal Metrology (Organisation Internationale de Metrologie Legale — OIML)]

For the purpose of the IRR, the following other terms and phrases are hereby defined. Also, some terms covered by VIM have their definitions herein restated for ready reference.

1)  accreditation — the procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks.

2)  accredited laboratory — laboratory that has been evaluated and has complied with the requirements of the International Organization on Standardization/International Electrotechnical Commission, ISO/IEC 17025 Standard "General Requirements for the Competence of Testing and Calibration Laboratories," and accredited by the national accrediting body of the Department of Trade and Industry as provided by this IRR, or by other accrediting body recognized by the International Laboratory Accreditation Conference, (ILAC). cCAIES

3)  Act — the Republic Act 9236 known as "The National Metrology Act of 2003."

4)  BIPM — the International Bureau of Weights and Measures (Bureau International des Poids et Mesures).

5)  Board — refer to notes under NMB.

6)  Board-Authorized Units (BAU) — the units prescribed by the International System of Units (SI) and other units of measurement authorized by the National Metrology Board.

7)  calibration — set of operations that establish, under specified conditions, relationship between values of quantities indicated by a measuring instrument or measuring system, or values represented by a material measure, or a reference material, and the corresponding values realized by standards

Notes: The result of a calibration permits either the assignment of values of measurands to the indications or the determination of corrections with respect to indications.

A calibration may also determine other metrological properties such as the effect of influence quantities.

8)  CGPM — the General Conference and Weights and Measures (Conference Generale des Poids et Mesures), consists of delegates from all the Member States of the Metre Convention who discuss and approve results and recommendations of the CIPM.

9)  CIPM — the International Committee on Weights and Measures (Comite International des Poids et Mesures), Consist of some 18 individuals, each belonging to a different state, elected by the CGPM, and charged with the supervision of the BIPM and the affairs of the Metre Convention.

10)  deputized entity — entity designated by the IRR or the Board to perform technical functions and physical activities for the NMB.

11)  DOST — the Department of Science and Technology.

12)  Executing Authority — (refer to the notes under NMB).

13)  in-house calibration laboratory — laboratory operated in an establishment to serve the calibration needs of the establishment.

14)  interlaboratory comparison — program wherein a device is circulated among participating laboratories to be measured by them under a prescribed protocol. Analysis of the results of the comparisons provides guidance on the competence of the laboratory and/or equivalence of its measurement standards with others.

15)  IRR — this Implementing Rules and Regulations. HIDCTA

16)  ITDI — the Industrial Technology Development Institute, a research and development agency under the Department of Science and Technology.

17)  measurand — a quantity subjected to measurement.

Note: As appropriate, this may be the measured quantity or the quantity to be measured.

18)  measurement — set of operations having the object of determining a value of a quantity.

19)  measurement standard — material measure, measuring instrument, reference material or measuring system intended to define, realize, conserve or reproduce a unit or one or more values of a quantity to serve as a reference.

20)  measuring instrument — device or combination of devices designed for measurement of quantities.

21)  Metre Convention, or Metre Treaty — the diplomatic treaty (Convention du Metre in French, the official language of the treaty), established in 1875, presently with signatories from 51 nations, with the objective of unifying the system of units of measurements.

22)  metrology — science of measurement.

Note: Metrology includes all aspects both theoretical and practical with reference to measurements, whatever their uncertainty, and in whatever fields of science or technology they occur.

23)  metrological controls — type approval, verification, calibration and/or other processes and means of checking the accuracy and reliability of measurement, measurement standards and measuring equipment.

24)  metrological services — activities rendered to client such as calibration and/or test, repair and fabrication of a measuring instrument, verification, type approval and related services.

25)  NMB — the National Metrology Board created by the Act NMB covers both the team consisting of the Board members performing policy making, planning, monitoring and other related actions; and the ITDI and NMB's deputized entities physically implementing the Act.

Note: For clarity, the term "Board" is used to mean the team consisting of the members of the National Metrology Board performing policy making, planning, monitoring and other actions and authority exercised collectively The term "Executing Authority" on the other hand is used with respect to NMB in its performance of its technical functions and physical activities as undertaken by it through ITDI and through NMB's deputized entities.

26)  NMI — National Metrology Institute, the generic name for the laboratory or entity in charge of the national standards of units of measurement for a country or economy.

27)  NML — the National Metrology Laboratory of the Industrial Technology Development Institute of the Department of Science and Technology, responsible for establishing, maintaining, and disseminating national physical standards for basic and derived quantities such as mass, length, temperature, time interval, voltage and resistance, viscosity, force and pressure.

28)  NL, national laboratories — the NML and other laboratories at the Apex of the metrology pyramid.

29)  primary standard — standard that is designated or widely acknowledged as having the highest metrological qualities and whose value is accepted without reference to other standards of the same quantity.

Notes: This is about standards in the world. For an example, the temperature defined by the triple point of water is a primary standard. Different laboratories in the world, including ITDI have such a primary standard. The concept of primary standard is equally valid for base quantities and derived quantities.

30)  Regulated Areas of Application — the field of endeavors or areas which are critical to citizens as they affect health, safety, welfare, physical conditions, trade and commerce, legal transactions, environment and other areas as may be determined by the NMB.

31)  regulatory agency — government entity empowered by law or executive order to issue and/or implement rules and regulations pertaining to measuring equipment, tests and/or measurements in the Regulated Areas of Application.

32)  reference standard — standard, generally having the highest metrological quality available at a given location or in a given organization, from which measurements made there are derived.

33)  secondary standard — standard whose value is assigned by comparison with a primary standard of the same quantity.

34)  SI Units — the units of measurements and their multiples and sub-multiples as defined by CGPM.

35)  Tests and Measuring Instruments (TMI) — device, instrument, or equipment intended to be used to make measurements, alone or in conjunction with supplementary devices, to determine one or more characteristics or performance of a given product, material equipment, organism, physical phenomenon, process or service according to a specified procedure.

36)  traceability — the property of the result of a measurement or the value of a standard whereby it can be related to stated references, usually national or international standards, through an unbroken chain of comparisons all having stated uncertainties.

37)  type approval — decision of legal relevance, based on the evaluation report, that the type of a measuring instrument complies with the relevant statutory requirements and is suitable for use in the regulated area in such away that it is expected to provide reliable measurement results over a defined period of time.

38)  verification (of a measuring instrument-procedure (other than type approval) which includes the examination and marking and/or issuing of a verification certificate, that ascertains and confirms that the measuring instrument complies with the statutory requirements. ICAcaH

39)  working standard — standard that is used routinely to calibrate or check material measures, measuring instruments or reference materials.

PART II

Major Provisions

RULE IV

Establishment of the National

Measurement Infrastructure System (NMIS)

SECTION 6.  There is hereby established a National Measurement Infrastructure System (NMIS) providing measurement standards that are internationally traceable and consistent with the Metre Convention

The NMIS shall cover units of measurements, measuring instruments, measurement standards, their application and metrological controls, a laboratory accreditation system, and a system of appropriate penalties.

SECTION 7.   The laboratories in the NMIS shall be, with respect to accuracy level, hierarchical in nature, forming a metrology pyramid, at the apex of which are the national laboratories of highest accuracy level, government and private-owned third party calibration laboratories in the middle, and the in-house calibration laboratories and users of measuring and testing equipment at the base. Annex D of this IRR reflects the pyramidal structure. aHcDEC

SECTION 8.   The national laboratories (NL) at the apex of the pyramidal structure, consist of the Secondary Standards of Dosimetry Laboratories (Philippine Nuclear Research Institute DOST and Bureau of Health Devices and Technology-DOH) for ionizing radiation, the Philippine Atmospheric. Geophysical and Astronomical Services Administration-DOST for the epoch time (time of the day), and the National Metrology Laboratory of the Industrial Technology Development Institute. DOST, which is in-charge of the rest of the national standards of units of measurement (eg, mass, length, electricity, frequency, temperature, force, pressure). The Board may designate other laboratories to be at the apex for specific fields as deemed necessary and appropriate.

SECTION 9.   The national laboratories shall maintain the accuracy of their standards through periodic calibration and comparison with the standards of other national metrology institutes to ensure international traceability of its standards. The standards at this apex shall be used to calibrate reference standards from the laboratories in the middle of the pyramid. Entities at the middle shall in turn calibrate instruments coming from the base.

RULE V

Creation of the National Metrology Board (NMB)

SECTION 10.  A National Metrology Board, hereinafter referred to as the NMB, is hereby created and is to be chaired by the Secretary of the Department of Science and Technology (DOST). It shall be composed of the Secretaries of the following agencies or their duly authorized representative with the rank of Undersecretary, as ex officio members.

a)  Department of Trade and Industry (DTI);

b)  Department of Transportation and Communications (DOTC);

c)  Department of Health. (DOH);

d)  Department of Interior and Local Government (DILG);

e)  Department of Justice (DOJ);

f)   Department of Environment and Natural Resources (DENR); and

g)  Department of Agriculture (DA).

SECTION 11.   There shall be appointed to the NMB one (1) representative each from the business sector, the professional metrology association of national membership, and the academe, each of whom shall have a term of three (3) years. These representatives shall be appointed by the President upon recommendation of the Secretary of the DOST.

For each of the above sectors, the Secretary of the DOST shall require the associations or groups to identify three nominees from among their members to represent the Sector to the NMB. The names of the nominees and their corresponding curriculum vitae and other credentials shall be conveyed to the DOST Secretary in writing signed by the heads of the associations or groups. The DOST Secretary shall submit the names of all nominees and their credentials to the President from among whom the latter shall appoint one representative from each sector to the NMB.

SECTION 12.   If a sector representative could not continue his term due to incapacity, withdrawal of support from his sector association, or other reasons, this shall be communicated in writing by the head of the association to the NMB. He shall be replaced by the sector he represents through the same process above and serve only for the remainder of the term unless he is chosen later by his sector for a new term.

SECTION 13.   The composition of the NMB, as deemed necessary and appropriate, may be increased or decreased upon recommendation of the existing NMB members and approval of the President.

SECTION 14.   The ITDI of DOST is hereby mandated to serve as the NMB's Secretariat.

SECTION 15.  To assist the Secretariat in the daily operations of the NMB, the following core positions shall be established.

Operations Manager Cashier

The duties and qualifications of these positions shall be defined by the NMB. The items and budget for personal services shall be included in the GAA of the DOST.

SECTION 16.  The National Metrology Laboratory (NML) presently existing as the laboratory arm of the ITDI on metrology shall lead public and private laboratories in carrying out the calibration, verification, type approval, testing and other metrological controls to effectively implement the provisions of the Act.

Metrology laboratories of ITDI, PNRI, PAG-ASA and DOH shall establish and maintain national standards of measurement and provide international traceability in the country through their metrological services.

SECTION 17.  For the purpose of enforcing its mandate under this Act, ITDI as the Secretariat of the NMB shall recommend to the NMB, the delegation of specific authority and function of the NMB to other departments and agencies of the government and private institutions as deputized entities to assist in the implementation of the Act. ITDI shall call or the personnel of these deputized entities to assist in the implementation of the Act.

When the National Metrology Board performs its technical functions and physical activities through ITDI, or through its deputized entities, it shall be referred to as the Executing Authority. On the other hand, the NMB shall be referred to as the Board when it performs policy making, planning, monitoring and other actions and authority exercised collectively by the members composing the National Metrology Board.

ITDI shall form Technical Working Groups (TWGs), drawing members from the departments and agencies of the government and private institutions, to draft technical and other guidelines needed to carry out the provisions of the IRR Among others, these shall include:

Verification Procedures

The draft rules and guidelines shall be submitted to the NMB for approval.

SECTION 18.  Remuneration for Technical Working Group (TWG) members: Each TWG member or his representative shall be entitled to a remuneration for his attendance to regular and special TWG meetings based on prevailing DOST guidelines. IHCSET

RULE VI

Functions, Duties, and

Responsibilities of the NMB

SECTION 19.   The NMB is a policy making and implementing body and in the exercise of its functions, duties and responsibilities, has the power to delegate the authority to concerned entities as deputized entities to implement the provisions of the Metrology Act.

SECTION 20.  The NMB shall have the following duties and responsibilities:

A.  To ensure the execution, up-keeping and conservation of National Standards of units of measurement in conformity with the Board-Authorized Units; The Board shall

A.1   develop plans for the establishment maintenance, and application of the National Standards to have measurements done in the country traceable to the Board-Authorized Units.

A.2   ensure that the National Standards, except those that are at primary standard level, are periodically calibrated with international traceability.

A.3  ensure that the quality of the National Standards is regularly monitored through participation in interlaboratory comparisons with other national metrology institutes.

B.  To promote and to coordinate the use in the country of a uniform system of units and measurement standards of physical quantities; The Board shall:

B.1   conduct Information, education, and communication activities or programs to disseminate the use of a uniform system of units and measurement standards of physical quantities. In the conduct of these programs, the Board shall coordinate closely with appropriate government and private entities, tri-media and other bodies.

B.2   collaborate with the Department of Education, Commission on Higher Education, and Technical Education and Skills Development Authority, to pursue the inclusion of appropriate metrology topics in the curriculum.

B.3  encourage the regulatory agencies to coordinate with the concerned local government units (LGUs) in the provision of metrological services.

C.  To issue and enforce the necessary guidelines on metrological controls on measurement standards and measuring equipment such as manner of use, type approval, verification, calibration, and use of control marks; The Board shall:

C.1   conduct periodic review of the above-mentioned guidelines to ensure appropriateness of technology; and maintain a library of relevant documents on these guidelines and in other areas relevant to this Act. IaDTES

C.2   ensure that any measuring equipment shall be type-approved prior to use and develop guidelines for Type Approval using international standards as reference.

C.3   monitor the regular verification of measuring equipment to ensure compliance to standards.

Verification for measuring equipment that are of widespread use and affecting health, safety, welfare, physical conditions, trade and commerce, legal transactions, environment and other areas as may be deemed by the Board, shall be in accordance to the procedures in Annex E and verified at intervals prescribed in Annex F.

C.4   ensure the issuance of certificates, seals, stickers, and other means to preserve integrity of metrological control of equipment. For that equipment that are of widespread use for sale of goods directly to consumers, guidelines in Annex G shall be followed.

D.  To ensure that the metrological requirements are met in all commercial, economic, scientific, technical and similar endeavors; The Board shall:

D.1  monitor the compliance of different sectors with respect to the accuracy of measuring equipment and the measurements through the registration scheme, the accreditation system, Board inspections, and other means.

D.2   issue policies, procedures, and guidelines for the above monitoring activities based on existing laws, rules and regulations.

E.  To fix rates and collect fees for verification work and other metrological services for both public and private entities; The Board shall:

E.1  formulate a scheme for collection, disbursement and management of fees generated from metrological services, registration and other activities of the Executing Authority relevant to the Act.

E.2   formulate guidelines to harmonize the computation of fees and charges for verification and other metrological services for the implementation of this Act. The relevant departments shall adopt these guidelines (Annex H) for the computation of their respective fees.

E.3   monitor the adoption of the harmonized computation of fees and charges.

F.  To carry out the testing for Type Approval of TMI through the Executing Authority or through a deputized laboratory.

G.  To supervise and to ensure the calibration or verification of TMI, and calibration of standards; The Board shall:

G.1  develop and establish a systems of monitoring and reporting of compliance to Metrology Act and collaborate with various departments and relevant organizations for its effective implementation.

G.2   through the TWG and/or accrediting body, to conduct ocular inspection, periodic checks and, if necessary, supervision, of laboratories and entities, including the local government units in the discharge of their functions relevant to the implementation of the Metrology Act.

H.   To ensure that persons or business entities regularly engaged in importing, manufacturing, repairing, selling or hiring certain measuring equipment comply with the guidelines of the Board; and

I.  To perform such other functions, duties, and responsibilities as may be necessary to implement this Act, including the creation of committees.

RULE VII

Operations of the NMB

SECTION 21.  The official address of the NMB shall be:

The National Metrology Board

SECTION 22.  The Board shall convene immediately after the effectivity of the IRR, and shall meet at least once every semester. Special meetings may be convened upon the request of the Chair or majority of the Board members.

A meeting may proceed without quorum, but decisions arrived at during such meetings shall not be official and has to be validated in a meeting with quorum or through a written referendum. Quorum is attained when the number of Board members attending exceeds one half of the total numbers of Board members (representative and alternate from the same Department or Sector is counted as one) plus one.

SECTION 23.  Decisions of the Board shall, whenever possible, be reached by consensus. After reasonable exhaustion of means to arrive at a consensus but to no avail, decision shall be reached by casting of votes. Each major ruling of the Board shall be through a resolution approved by at least 80% of the members.

Major Ruling refers to Board decisions, rulings and agreements that pertain to the promulgation of policies, rules, regulations and procedures, the setting of verification or calibration standards, fixing of rates for metrological work and similar calibration services, collection of fees and allocation of funds, authorized units of measurements, and any other decisions that the Board may deem to be important to merit dissemination through a resolution.

SECTION 24.  The NMB shall operate under a quality management system that will ensure its operations are efficiently and effectively carried-out to implement this Act.

SECTION 25.  Incentives for Board members: Each Board member or his representative shall be entitled to incentives and allowances for his attendance to regular and special Board meetings based on prevailing DOST guidelines.

RULE VIII

Registration

SECTION 26.  Coverage. — Any person or business entity using or keeping measuring equipment for transactions under the regulated areas of application, whether locally or assembled/manufactured/imported, shall be registered with the NMB.

Branches, subsidiaries, distributorships, sister companies or similar establishments situated in different/separate locations shall be considered as a different entity and shall therefore also be required to register separately.

SECTION 27. Within six months of effectivity of the IRR, all persons or business entity covered by Section 26, shall register with the NMB through its authorized registration centers.

SECTION 28.  Authorized Registration Centers. — The following agencies are hereby authorized as registration centers:

1.  Department of Science and Technology

Regional Offices

2.  Department of Interior and Local Government

Local Government Units

3.  Department of Trade and Industry

4.   Department of Health

Bureau of Food and Drugs

5.  Department of Transportation and Communication

National Telecommunications Commission

6.  DENR

Environmental Management Bureau

7.  Department of Energy

8.  Department of Agriculture Central and Regional Offices

SECTION 29. An Approving Officer, authorized to approve and issue registration and clearance to applicants, shall be designated by the NMB in each registration center.

SECTION 30.  Registration Procedures. —

The authorized registration centers shall accept and process applications for registration including validation of data and information in the registration form particularly the location of business/equipment. It shall also accept and process applications for clearance of importers of metrological equipment but are non-distributor of the same, provided that their consignee is registered with the NMB.

The authorized registration centers shall approve and issue corresponding Certificate of Registration and Certificate of Clearance on behalf of the National Metrology Board. EcIaTA

The authorized registration centers shall maintain a database of the registered entities and clearances issued to importers and submit quarterly report of the registration status to the National Metrology Board through DOST and its Regional Offices.

SECTION 31.  Requirements for Registration. —

The person or business entity seeking for registration shall submit to the authorized registration centers the following:

a.  For Industrial/Calibration & Testing providers/Manufacturers

•  Duly accomplished application form in three (3) copies

•  Photocopy of Certificate of Registration from DTI or SEC

•  Photocopy of Business permit

•  Registration fee of P500

b.  For Commercial End-User

•  Duly accomplished application form in three (3) copies

•   Photocopy of Business permit

•   Registration fee of P500

SECTION 32.  Requirements for Clearance (For Importers). —

a.  Duly accomplished application form

b.  Photocopy of Certificate of Registration from DTI or SEC

c.   Photocopy of Business permit

d.  Certificate of Registration of Consignee (Certified True Copy)

e.  Registration fee of P500

SECTION 33.  Processing of Application for Registration/Clearance. —

The authorized Regional Centers shall process application and issue the required registration/clearance not later than 5 days After receipt of application. In case of disapproval the Center shall inform the applicant for the reason/s of rejection of application.

The original copy of registration shall be issued to the applicant and shall be displayed in conspicuous location in the place of business. The duplicate shall be transmitted to the NMB secretarial. The triplicate copy will be filed by the issuing Office. The NMB Secretariat shall provide the Bureau of Customs an authenticated photocopy of the duplicate clearance to import.

SECTION 34.  Validity of Registration. — Registration shall be valid for ten (10) years.

RULE IX

System of Units and Metrological Controls

SECTION 35.  System of Units. — The system of units based on the International System of Units (SI) prescribed by the CGPM (General Conference on Weights and Measures) shall be mandatory throughout the country in regulated areas of application. The use of other units on meritorious cases may be allowed by the Board. These Board-Authorized Units are listed and defined in Annex B. oard-Authorized Units that are SI or of International Use and Annex C. Board-Authorized Units that are Non-SI (Units of measurements and denominations which may be used temporarily up to a date to be specified later, but which shall not be introduced where they are not in use. cHSTEA

Measuring equipment used for measuring quantities in regulated areas of application shall give results expressed in either SI or other Board-Authorized Units. All measurement standards and measuring equipment used in the regulated areas of application shall be subject to metrological control.

SECTION 36.  Coverage. —

All tests and/or measuring instruments (TMI) used for transactions under the regulated areas of application, whether locally manufactured/assembled or imported, shall be verified by the Executing Authority or DTI-accredited calibration laboratories. The Executing Authority or the DTI-accredited calibration laboratory shall issue the corresponding Certificate of Verification and a verification sticker bearing the date of verification, name of owner/user, description of the equipment and its intended use. Whenever appropriate, the verification sticker shall be attached to the verified equipment where it can be seen easily, and a certified true copy of the Certificate of Verification shall be displayed near the equipment, which shall serve as the permit to use the verified TMI.

Equipment that shall be used to verify the above-mentioned TMI shall be calibrated by the Executing Authority or a National Metrology Institute (NMI) whose measurement capability for such calibration has been approved under the Global Mutual Recognition Arrangement (MRA) among national metrology institutes, or a laboratory accredited by an accrediting body recognized by the International Laboratory Accreditation Conference (ILAC) and whose traceability is through an NMI whose measurement capability for such calibration has been approved under the Global Mutual Recognition Arrangement among national metrology institutes. Appropriate certificate of calibration shall likewise be issued by the laboratory and whenever appropriate, a calibration sticker shall be attached to the equipment where it can be seen easily.

SECTION 37.  Authorized Calibration Laboratories. —

In addition to the deputized entities, the NMB may authorize the use of calibration laboratories for the purpose of the Act. A prerequisite for authorization is the accreditation of the laboratory by the national laboratory accreditation body. The NMB shall issue additional guidelines on authorization and shall inform the public of the names, locations and services of said laboratories through regular bulletins.

RULE X

Traceability of Measurements

SECTION 38.  All weights, measures and measuring equipment shall be internationally traceable through the national metrology laboratories or other laboratories recognized by the NMB.

The national laboratories (NL) shall maintain primary, secondary, and working standards, against which the reference standards of accredited laboratories can be calibrated. The NL standards in turn shall be internationally traceable through calibration by internationally traceable laboratory, or through interlaboratory comparisons with other NMIs. NL shall maintain membership in regional and international metrology bodies to sustain the participation in inter-laboratory proficiency tests and establish and maintain its claims of measurement capability under the global MRA.

RULE XI

Labeling

SECTION 39.  Labeling. — In addition to the requirements for the labeling of products, commodities, goods and merchandise pursuant to Republic Act No. 7394, otherwise known as "The Consumer Act of the Philippines," the products, commodities, goods or merchandise must contain contents and quantities of substances, nutritional and health value and relevant other information in units prescribed in this Act.

Contents and quantities must be expressed in terms of SI or other Board-Authorized Units (BAU).

RULE XII

Laboratories and Procedures

SECTION 40.  The National Metrology Laboratory and other Executing Authorities shall conduct metrological controls undertaken in the country. Metrological controls done outside the country must be made by laboratories recognized by the NMB.

Other local laboratories may be tapped for conduction of metrological controls provided that these laboratories are accredited by the National Accreditation Body and registered with and authorized by the NMB to perform such function.

SECTION 41.  Procedures to be followed in conducting tests shall be based on national or international standards or upon the recommendation of the International Organization of Legal Metrology (Organization Internationale de Metrology Legale, OIML) or any other established standards recognized by the NMB.

SECTION 42.  Requirements for and Process of Verification and Calibration of Test and Measuring Instrument (TMI). —

The applicants for verification and calibration of TMI shall submit to the Executing Authorities an NMB-authorized calibration laboratory for their specific TMI the following requirements:

1.  Duly accomplished application form;

2.  Certificate of Registration with the NMB as a person/business entity using or keeping TMI for transactions under the regulated areas of application; and

3.  The actual operational TMI. For immovable TMI, the NL or authorized calibration laboratory shall assign a qualified person to undertake the verification or calibration at the site.

A qualified NL or authorized calibration laboratory staff shall verify or calibrate the equipment.

A certificate of verification or calibration, and corresponding sticker shall then be issued to the applicant.

SECTION 43.  Fees and charges for calibration. —

The fees and charges for all types of verification and calibration work shall be based on the guidelines set by the NMB.

SECTION 44.  Validity of Verification. —

The TMI shall be verified regularly as prescribed in Annex F. TMI not included in this annex shall be verified at intervals to be determined by the end-user based on type of use, behavior of TMI as shown by control charts, results of comparisons or other appropriate method to assure continued accuracy.

Use of TMI that is overdue for verification shall constitute a violation.

SECTION 45.  Registration period. —

Existing TMIs already in use for transactions under the regulated areas of application shall be registered not later than 6 months upon the effectivity of these rules and regulations. Newly acquired TMIs or those that are already existing but will be used for transactions under the regulated areas of application for the first time may be registered at the convenience of the owner/user provided; that it shall not be used for transactions under the regulated areas of application prior to registration.

RULE XIII

Access to Industrial/

Commercial Establishments

and Facilities

SECTION 46.  The Board and NMB-designated Executing Authority shall have the right to inspect at reasonable hours on business day industrial establishments, commercial premises or other facilities/premises where measuring equipment which is meant to be used in the regulated areas of application, is installed or kept or where there is reason to believe it is installed or kept. DTAaCE

Any officer or agent of the industrial establishments, commercial premises or other facilities who shall refuse the NMB or any of its officers, or NMB-designated Executing Authority to inspect shall be liable to the penalties imposed under Section 57 this IRR.

RULE XIV

Accreditation System

SECTION 47.  Accrediting Body. — The laboratory accrediting body of the Department of Trade and Industry (DTI) is hereby strengthened and recognized under the Act as the national laboratory accreditation body.

SECTION 48.  The national laboratory accreditation body, herein after also called the national accreditation body, accreditation body, or Body, shall have the following government agencies or offices as members:

Department of Trade and Industry (DTI);

SECTION 49.   The above agencies shall be represented by no lower than Deputy Director; preferably those involved in accreditation or other form of recognition of testing and calibration laboratories. As necessary, other entities may be identified to become members of the Accreditation Body through a resolution by the existing Body.

SECTION 50.   The structure and operation of the Accreditation Body shall be such as to give confidence to its accreditations, and shall be organized and operated to safeguard the objectivity and impartiality of its activities.

SECTION 51.  Laboratory Accreditation System. — The laboratory accreditation body shall establish a national standard for accreditation, testing and/or calibration laboratories following ISO/IEC GUIDE 58 "Calibration and testing laboratory accreditation systems — General requirements for operation and recognition" and ISO/IEC 17025, revisions or replacement thereof, and other relevant international guidelines and standards.

It shall formulate relevant policies, procedures, forms and other materials and systems for its accreditation function. It shall have the responsibility of evaluating and accrediting compliance of testing and calibration laboratories, and monitor the performance of accredited laboratories through periodic inspection and surveillance.

Specifically, the Accrediting Body shall have the following functions in addition to the abovementioned.

a.  It shall operate based on a quality system covering its policies, objectives, procedures, qualified personnel, documents, records and all that form part of its operations. The main responsibility of the Body is to evaluate and formally recognize testing and calibration laboratories that comply with the requirements of ISO/IEC 17025 and its future revisions and other accreditation requirements.

b.  It shall establish, implement and maintain a management system and continually improve its effectiveness in accordance with the requirements of the international standard ISO/IEC 17011.

SECTION 52.  As necessary, DTI shall review and improve existing DTI Administrative Orders and issue new ones to include the provisions of this law.

RULE XV

Progressive Application

SECTION 53.   The Department of Science and Technology (DOST), upon advice of the NMB and in coordination with other concerned agencies, shall adopt a progressive application of the Act.

SECTION 54.   The NMB shall prescribe the commencement of implementation of the different provisions of the IRR, among others, those pertaining to:

1.  Verification of measuring equipment used

for direct sale of goods to the public

2.  Registration of incoming (imported and locally produced) measuring equipment

3.   Prohibition of importation of measuring equipment not type-approved or whose scale or readout is without Board-Authorized Units of measure ISaCTE

4.   Use of Board-Authorized Units for quantities in all packaged consumer goods

SECTION 55. The NMB shall evaluate the importance, needs, and ease of compliance and enforcement and come up with a schedule of implementation of the various requirements of the IRR, as Annex A. Government and private institutions with existing measurement system and equipment not in conformity with the standards and controls herein prescribed are given a period of one (1) year from the date of the effectivity of the IRR to comply with the provisions of the Act.

RULE XVI

Prohibited Acts

SECTION 56. The following shall constitute prohibited acts of any person or juridical person and are hereby declared unlawful:

a.  Manufacturing for sale, offering for sale, distributing in commerce, or importing any product, which is not measured in Board-Authorized Units;

b.   Importing of measuring equipment that does not give results expressed in the Board-Authorized Units;

c.  Manufacturing for sale, offering for sale, distributing in commerce or importing measuring equipment, which has not secured clearance from the NMB. Business entities or persons registered with the NMB under Section 26 are deemed to comply with this clearance requirement.

d.   Using of confiscated measuring equipment without re-verification from the Executing Authority or the local government unit having jurisdiction over the offense committed.

Confiscation may not always mean physical taking of the equipment but can take the form of disallowing use of the equipment or securing or sealing the equipment so that it cannot be used while "confiscated".

e.  Failure to comply with the standards provided for under this Act, such as, but not limited to:

1.   Use of equipment that has not been verified or with overdue verification in regulated areas of application.

2.   Use of equipment in regulated areas of application by non-registered entity or whose registration is under suspension.

RULE XVII

Penalties

SECTION 57. Any person who violates any provision of this Act shall be penalized by imprisonment of not less than two (2) months but not more than one (1) year or fine of not less than Five thousand pesos (Php5,000.00) nor more than Fifty thousand pesos (Php50,000.00) or both upon the discretion of the court. Provided, however, That if the violator is a corporation, firm, partnership or association, the penalty shall be imposed upon the president or the manager or any officer thereof who knows or ought to have known the commission of the offense. Provided, finally, That in case of the offender is an alien engaged in business in the country, his licensed shall be revoked and shall be ipso facto deported after service of sentence without need of further proceedings.

The NMB may assist the court or other adjudicative body by providing technical information, or conduct of test, or rendering of expert opinion relevant to the provisions of the Act.

The NMB may, motu proprio, impose administrative sanctions and charges as follows:

1.   Outright revocation of registration for any major violations of the provisions of the Metrology Act. Affected parties can reapply only after 10 years.

2.  For other violation, suspension of operation until such time that they have complied with the requirements.

3.  The NMB shall impose and collect fines for violation on Section 56 of Rule XXI on Prohibited Acts.

Appeals on ruling of the NMB under Section 57 may be filed with the Operations Manager of the NMB within 15 days after receipt of the NMB's ruling. The procedures and rules on appeals are prescribed in Annex I.

RULE XVIII

Appropriation

SECTION 58.   The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act, for the year following effectivity of the IRR and every year thereafter.

SECTION 59.   The DOST shall include the NMB's financial requirements in its submission of the Department's proposed budget to the Department of Budget and Management, (DBM) for the year following the effectivity of the IRR, and for the succeeding years. The amount shall be determined base on the Work Program formulated by the inter-agency Technical Working Group that undertook the drafting of this IRR.

SECTION 60.  The budget for the NMB shall include salaries of Core Personnel of the NMB for it to effectively implement the IRR.

SECTION 61.  Fifty percent of the fees and charges collected as a result of metrological work shall be retained by the NMB through its deputized government agencies. The remaining 50% of fees collected shall be remitted to the national treasury.

SECTION 62.  The amount retained shall be used by the NMB, ITDI, and other deputized entities in the enhancement of their capabilities and modernization of metrological and measurement standard activities. This fund shall be separate from the regular allocation under Section 58.

SECTION 63.  In line with this, the NMB shall prescribe a unified billing and accounting system to be adopted by deputized entities in the collection of fees and charges for metrological works. The system configuration shall be such that the data from the different implementing entities can be gathered and consolidated by the NMB.

Metrological works shall pertain to the application of metrological controls ranging from type approval, verification, calibration and other means to check measuring equipment. It shall also cover registration activities as provided in Rule VIII. ACcTDS

SECTION 64.   The NMB and its deputized entities shall use the retained fees and charges for enhancement and modernization of metrological services and standards. It shall issue rules, criteria, and procedure for this purpose as Annex J.

PART III

Effectivity

RULE XIX

Separability Clause

SECTION 65.  The provisions of this IRR are declared severable. If for any reason, a particular provision is declared unconstitutional, the other provisions of the IRR that are not affected thereby shall continue to be in full force and effect.

RULE XX

Repealing and Amending Clause

SECTION 66.  Repealing Clause. — All existing orders, rules and regulations or portions thereof inconsistent with or contrary to the provisions of this IRR are hereby repealed or modified accordingly.

SECTION 67.  Amendment Clause. — This IRR can be amended only after 3 years upon its effectivity, except for cases needing immediate and critical corrective actions as declared by the NMB. Amendment of this IRR shall be done using the same process used in its formulation. Succeeding amendments shall be done as the need arises. The Annexes of the IRR are not covered by the foregoing requirements on amendments and may be modified, added, or withdrawn following the policies and procedures of the NMB.

RULE XXI

Effectivity

SECTION 68.  This IRR shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation. The UP Law Center's Office of the National Administrative Register shall be provided copy of this IRR.

APPROVED:

(SGD.) ESTRELLA F. ALABASTROSecretary

Published in the Official Gazette on December 19, 2005 (Vol. 101, No. 51; Issn 0115-0421).