Background:

In the Philippines, electronic atomizers are called "steam products". On July 25, 2022, the President of the Philippines officially signed and approved the Regulation Act on Evaporated Nicotine and Non Nicotine Products as the Republic Law (RA 11900), which will take effect 15 days from the date of promulgation. This Act was merged by House Bill No. 9007 Act and Sent Bill No. 2239 Act, regulating the import, manufacture, sales, packaging, distribution, use and dissemination of vaporized nicotine and non nicotine products and new tobacco products. DTI, through the Philippine Bureau of Standards (BPS), has issued Department Executive Order (DAO) No. 22-06 of 2022, which includes steam products (steam product systems&steam product devices with or without nicotine) and heated tobacco product systems into the mandatory product certification. The DAO is in transition for 18 months from its effective date. At present, all manufacturers of vaporized nicotine and non nicotine products can apply for voluntary certification using DAO Rule 8 (Product Testing).
 

Scope of application:

ENDS/ENNDS；

New tobacco products
 

RA11900

1.Product restriction requirements

Nicotine content shall not exceed 65 mg/mL (65 mg/mL)

The maximum capacity of the storage tank of the electronic conveying equipment shall not exceed 2 mL. (2019-0007, for reference)

The maximum volume of electronic liquid and supplementary container containing nicotine or not shall not exceed 10 mL (2019-0007, for reference)
 

2.Health warnings and packaging requirements

Color picture warning (the content, format and specification of graphic health warning shall be specified by the Ministry of Health)
 

The unit package or any external consumer package of Vapor Product REFILLS, HTP Consumables or NovelTobacco Products shall have a highly visible full-color picture warning

2.2 Health warning text

Nicotine

”This product is harmful and contains nicotine which is a highly addictive substance.  It is not recommended for use by nonsmokers.”

Nicotine free

”This product may contain a substance that is harmful.  It is not recommended for use by nonsmokers.”

The warning text in Chinese shall not exceed the whole area of graphic health warning, and shall be clear and readable, and shall be contrasted by format, layout and color, and shall not use any frame, frame or any other design that can effectively reduce the size of text warning;

Do not print or apply any content where the health warnings may be partially or completely covered or masked;

When opening or closing the package or removing the package on the package, any part of the warning shall not be erased, covered, folded, cut off or become unreadable;

2.3 Packaging

The internal tax fiscal marking requirements of RA 8424 Republic Act and other relevant applicable regulations shall be complied with: steam products and supplements, HTP consumables or new tobacco products imported into the Philippines must bear the identification or nameplate designated by BIR.

Tamper proof and child protection design - The supplementary container of steam products shall have child protection function, be tamper proof, and prevent damage and leakage. The non refillable container shall not be tampered with.

It is prohibited to sell steam products with flavor descriptions that are proved to be particularly attractive to minors when packaged, labeled, displayed or marketed.

Age limit - The minimum age allowed for the purchase, sale and use of ENDS/ENNDS, HTP or new tobacco products should be 18 years.

Product display - vaporized nicotine and non nicotine products and new tobacco products shall not be displayed next to products of special interest to minors.

Product communication restrictions. - On the premise of meeting certain conditions, it is allowed to promote vaporized nicotine and non nicotine products or new tobacco products and other forms of consumer communication at the point of sale or retail, through direct marketing and on the Internet.

Registration requirements

Manufacturers and importers of evaporated nicotine and non nicotine products, evaporated product devices, heated tobacco product devices, and new tobacco products shall submit to DTI information proving compliance before they can sell, distribute, or advertise.

Transition period Manufacturers, distributors, importers and retailers of vaporized nicotine and non nicotine products or their devices, as well as new tobacco products, shall have a transition period of eighteen (18) months from the date of promulgation of the implementing rules and regulations of this Law to comply with the requirements of this Law.
 

DAO NO. 22-06

BPS of the Philippines released the decree of DAO No. 22-06 on its official website, which included the electronic cigarette equipment and products in the BPS compulsory product certification of the Philippines (the transition period is 18 months, and the mandatory products will take effect on June 30, 2022, and the mandatory products must have the PS/ICC certification on December 30, 2023). The mandatory certification scope includes the following products:

• Steam product system, including nicotine containing and nicotine free

• Steam product unit

• Heating tobacco products system
 

PS certification

The full name of the Philippine Standard (PS) Safety and Quality Certification Mark Licensing Program is applicable to local and foreign manufacturers that sell or distribute vaporized nicotine and non nicotine products in the Philippine market. The competent authority grants the qualified company a license to use the PS certification mark.
 

SOC certification/ICC certification

The importer shall, according to the bill of lading/air waybill, apply for the confirmation statement (SOC) of PS certified vaporized nicotine and non nicotine products or the import clearance (ICC) of non PS certified vaporized nicotine and non nicotine products for each batch of goods. The ICC certification scheme is applicable to articles imported by factories without valid PS licenses. The products are certified on the basis of each batch of goods, and mandatory product testing is required for each batch of goods.

Figure A: PS certification mark of electronic atomization system and heating tobacco system

Figure B: PS certification mark of atomizing electronic smoke equipment
 

The PS mark affixed to the product or its package can be enlarged or reduced to an appropriate size as long as its size meets the specifications in Figure A or Figure B.
 

Marking and information

Shall comply with its relevant PNS, Philippine Consumer Act and this Act
 

If you need more details, please contact us. We are dedicated to providing you with high-quality testing and certification services.

Tel.: 0755-28506411

e-mail address: service@element-testing.com

website: http://www.element-testing.com

Shenzhen Element Testing Co., Ltd. (Element for short) focuses on providing testing and compliance services for electronic atomizer enterprises.

The Element Laboratory is equipped with dozens of advanced detection instruments and equipment, such as imported vaping machines, liquid chromatography triple tandem four pole liquid mass spectrometry (LC-MSMS), inductively coupled plasma mass spectrometry (ICP-MS), gas chromatography mass spectrometry (GC-MS), inductively coupled plasma emission spectrometry (ICP-OES), high-performance liquid chromatography (HPLC-DAD), gas chromatography (GC-FID/ECD/TCD), ion chromatography (IC) X-ray fluorescence spectrometer (XRF), etc.

The staff of Element Laboratory have bachelor's degree or above, and have worked in the field of testing and compliance services for many years. The engineers of the electronic atomizer project are among the first batch of senior experts engaged in testing and compliance services for electronic atomizers in China.

Element adheres to the research on laws, regulations and testing standards, continues to transmit the latest laws and regulations information to customers, and completes the method validation of new testing standards at the first time and applies them to the testing of related products.