On January 2, the Office of Special Authorization for Vaped Nicotine and Non-Nicotine Products (OSMV), a division of the Philippine Department of Trade and Industry (DTI), issued Supplementary Technical Regulations Department Executive Order 24-11, which seeks to regulate mandatory product certification for vapes and non-nicotine products.
A summary of the new rules is as follows:
PS Licensing Program:
Mandatory Philippine Standard (PS) licensing for all vapes and heated tobacco products (HTP) as the primary mode of certification for market access; PS license should cover the whole process of product production, quality testing, and distribution; Products with a valid PS license are allowed to be sold and no new ICC (Import Goods Clearance) license applications are accepted.
International standard application:
ISO, IE, C, and other international standards are recognized as the basis for testing and certification; Specific technical standards on battery safety (PNS IEC 62133:2015) and vape fume (AFNOR XP D90-300-1:2019) were introduced.
Product testing and audit:
In-plant testing and independent testing; Allow in-plant testing at different plants of the same manufacturer, but prohibit outsourcing; The test results should be submitted directly to the OSMV office of the Ministry of Trade and Industry to prevent interference from intermediaries.
Sampling and batch testing:
Each model shall submit 10 devices, 66 batteries, and corresponding E-liquid samples for testing according to the standard; Products that fail to pass the test shall submit a rectification plan and re-review, otherwise, the PS license will be revoked.
PS certification mark:
All market circulation products must be affixed with the PS mark to ensure that consumers can identify compliant products; The new certification mark design must replace the old mark as soon as possible.
Sales and distribution restrictions:
Uncertified products are prohibited from entering the Philippine market, including online sales platforms; The compliance deadline is December 31, 2024.
Law enforcement Agency functions:
The OSMV office is responsible for enforcement and oversight, including setting standards, issuing permits, and conducting spot checks; The OSMV is further empowered to exercise its powers independently under the law.
Transitional arrangement:
Products that have been approved by ICC (Import Goods Clearance) can be sold until the existing stock is exhausted; All PS licenses need to be converted by the end of 2024.
The new rules will take effect as soon as they are published in the official Gazette and two widely circulated newspapers.
