AN ACT ESTABLISHING A NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS) FOR STANDARDS AND MEASUREMENTS
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AN ACT ESTABLISHING A NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS) FOR STANDARDS AND MEASUREMENTS
Republic Act No. 9236
February 3, 2004
Case Overview and Summary
Summary of the National Metrology Act of 2003Establishment of National Measurement Infrastructure System (NMIS) (Section 4)
- Provides internationally traceable measurement standards consistent with the Meter Convention
- Covers units of measurement, measuring instruments, measurement standards, their application and metrological controls, laboratory accreditation system, and penalties
Creation of National Metrology Board (NMB) (Section 5)
- Chaired by the Secretary of the Department of Science and Technology (DOST)
- Composed of representatives from various government agencies and private sectors
- Industrial Technology and Development Institute (ITDI) serves as the Board's Secretariat
- National Metrology Laboratory under ITDI carries out technical, calibration, and laboratory functions
Functions and Responsibilities of the Board (Section 6)
- Ensure execution, upkeeping, and conservation of national primary and secondary standards
- Promote and coordinate the use of a uniform system of units and measurement standards
- Issue and enforce guidelines on metrology, including utilization of measuring equipment, type approval, verification, calibration, and control marks
- Ensure accuracy and application of quantities in commercial, economic, scientific, and technical endeavors
- Fix rates and collect fees for metrological work and calibration services
- Carry out testing for type approval of measuring equipment
- Supervise and assure execution and calibration of standards and verification equipment
- Ensure compliance of persons or entities engaged in importing, manufacturing, repairing, selling or hiring certain measuring equipment
Registration (Section 7)
- Any person or business entity using or keeping measuring equipment for transactions under regulated areas of application shall be registered with the Board
System of Units (Section 8)
- The International System of Units (SI) shall be mandatory in regulated areas of application
- Other units may be allowed by the Board on meritorious cases
- Measuring equipment used in regulated areas shall give results expressed in SI or Board-Authorized Units
- All measurement standards and measuring equipment used in regulated areas shall be subject to metrological control
Traceability of Measurements (Section 9)
- All weights, measures, and measuring equipment shall be internationally traceable through the National Metrology Laboratory or other laboratories recognized by the Board
Labelling (Section 10)
- Products, commodities, goods, or merchandise must contain contents, quantities, nutritional and health value, and other relevant information in units prescribed by this Act
Laboratories and Procedures (Section 11)
- Metrological controls shall be conducted by the Board, the National Metrological Laboratory, and other accredited and authorized laboratories
- Procedures shall be based on national or international standards, or upon the recommendation of the International Organization of Legal Metrology (OIML)
Freedom of Access to Industrial/Commercial Establishments and Facilities (Section 12)
- The Board shall have the right to inspect industrial establishments, commercial premises, or other facilities where measuring equipment is installed or kept
- Refusal to allow inspection shall be subject to penalties under Section 17
Accrediting Body (Section 13)
- The laboratory accrediting body attached to the Department of Trade and Industry (DTI) is recognized as the national accreditation body
- It includes representatives from various government agencies
Accreditation System (Section 14)
- The laboratory accreditation body shall establish a national standard for accreditation, testing, and/or calibration laboratories following ISO/IEC guidelines and standards
- It shall formulate policies, procedures, and systems for its accreditation function
- It shall evaluate, accredit, and monitor the performance of accredited laboratories
Progressive Application (Section 15)
- The DOST, upon advice of the Board and in coordination with other agencies, shall adopt a progressive application of all kinds of measuring equipment
- Existing measurement systems and equipment not in conformity with the standards and controls prescribed shall be given one (1) year to comply
Prohibited Acts (Section 16)
- Manufacturing, offering for sale, distributing, or importing products not measured in conformity with the weight standards provided by this Act
- Importing measuring equipment that does not give results expressed in Board-Authorized Units
- Manufacturing, offering for sale, distributing, or importing consumer products without clearance from the National Metrology Board
- Using confiscated measuring equipment without verification/decalibration from the Board or local government unit
- Failure to comply with the standards provided under this Act
Penalties (Section 17)
- Violation of 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 a fine of not less than Five thousand pesos (Php 5,000.00) nor more than Fifty thousand pesos (Php 50,000.00), or both
- If the violator is a corporation, firm, partnership, or association, the penalty shall be imposed on the president, manager, or officer who knows or ought to have known the commission of the offense
- If the offender is an alien engaged in business in the country, their license shall be revoked, and they shall be deported after serving the sentence
Appropriations (Section 18)
- The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act
- Fifty percent (50%) of the fees and charges collected from metrological work and calibration services shall be used by the Board and ITDI for enhancement of capabilities and modernization of metrological and measurement standard activities
- The remaining amount shall be remitted to the National Treasury
Implementing Rules and Regulations (IRR) (Section 19)
- The DOST, with other concerned government departments, agencies, and representatives, shall issue the necessary implementing rules and regulations within ninety (90) days from the effectivity of this Act
Separability Clause (Section 20)
- If any provision of this Act is declared unconstitutional, the other sections or provisions not affected shall continue to be in full force and effect
Repealing Clause (Section 21)
- All laws, decrees, orders, rules, and regulations or portions thereof inconsistent with this Act are hereby repealed or modified accordingly
Effectivity (Section 22)
- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier
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National Measurement Infrastructure System (NMIS)
National Metrology Board (NMB)
International System of Units (SI)
Accredited Laboratory
Calibration
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Regulated Areas of Application
Type Approval on Measuring Equipment
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Traceability
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AN ACT ESTABLISHING A NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS) FOR STANDARDS AND MEASUREMENTS
Republic Act No. 9236
•February 3, 2004
Republic of the Philippines
Congress of the Philippines
Metro Manila
Twelfth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9236             February 3, 2004
AN ACT ESTABLISHING A NATIONAL MEASUREMENT INFRASTRUCTURE SYSTEM (NMIS) FOR STANDARDS AND MEASUREMENTS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as "The National Metrology Act of 2003."
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to facilitate the development of scientific and technical knowledge and 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, thereby complying with international standards and protecting the health, interest and safety of every consumer and his environment from the harmful effects of inaccurate or false measurements.
SECTION 3. Definition of Terms. -...
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