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(x) "Credit Sale" means a sale products, services or an interest in
land to a person on credit where a debt is payable in installments
or a finance charge is imposed and includes any agreement in the
form of a bailment of products or lease of products or real property
if the bailee or lessee pays or agrees to pay compensation for use a
sum substantially equivalent to or in excess of the aggregate value
of the products or real property involved and it is agreed that the
bailee or lessee will become, or for no other or a nominal
consideration has the option to become, the owner of the products or
real property upon full compliance with the terms of the agreement.
(y) "Credit transaction" means a transaction between a natural
person and a creditor in which real or personal property, services
or money acquired on credit and the person's obligation is payable
in installment.
(z) "Creditor" means any person engaged in the business of extending
credit and shall include any person who as a regular business
practice makes loans or sells or rents property or services on a
time, credit or installment basis, either as principal or as agent
who requires as an incident to the extension of credit, the payment
of a finance charge.
(aa) "Default or delinquency charge" means, with respect to a
consumer credit transaction, the penalty charge payable by the
consumer-debtor for failure to pay an amount or installment in full
on the date the same becomes due and demandable, or on or before the
period specified for the purpose in the consumer credit sale
documents.
(ab) "Device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related
article, including any component, part or accessory which is (1)
recognized in the official United States Pharmacopoeia-National
Formulary (USP-NF) or any supplement to them; (2) intended for use
in the diagnosis of disease or other condition or in the cure,
mitigation, treatment or prevention of disease, in man or other
animals; or (3) intended to affect the structure or any function of
the body of man or other animals, and which does not achieve any of
its principal intended purposes through chemical action within or on
the body of man or other animals and which is not dependent upon
being metabolized for the achievement of any of its principal
intended purposes.
(ac) "Distributor" means any person to whom a consumer product is
delivered or sold for purposes of distribution in commerce, except
that such term does not include a manufacturer or retailer of such
product.
(ad) "Drugs" mean (1) articles recognized in the current official
United States Pharmacopoeia-National Formulary, official Homeopathic
Pharmacopoeia of the United States, official National Drug
Formulary, or any supplement to any of them; and (2) articles
intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals; and (3) articles
(other than food) intended to affect the structure or any function
of the body of man or animals; and (4) articles intended for use as
a component of any articles specified in clauses (1), (2), or (3)
but do not include devices or their components, parts or
accessories.
The term "drug" when used in this Act shall include herbal and/or
traditional drug. They are defined as articles from indigenous plant
or animal origin used in folk medicine which are: (1) recognized in
the Philippine National Formulary; (2) intended for use in the
treatment or cure, mitigation, of disease symptoms, injury or bodily
defect for use in man; (3) other than food, intended to affect the
structure of any function of the body of man; (4) put into finishes,
ready to use form by means of formulation, dosage or dosage
directions; and (5) intended for use as a component of any of the
articles specified in clauses (1), (2), (3) and (4) of this
paragraph.
(ae) "Expiry or expiration date" means the date stated on the label
of food, drug, cosmetic, device or hazardous substance after which
they are not expected to retain their claimed safety, efficacy and
quality or potency and after which it is no longer permissible to
sell them.
(af) "Extremely flammable" means any substance which has a flash
point at or below negative six and six-tenths degrees centigrade as
determined by the Tagliabue Open Cub Tester; and term "combustible"
shall apply to any substance which has a flash point of above
twenty-six and six-tenths degrees to and including sixty-five and
five-tenths degrees centigrade as determined by the Tagliabue Open
Cub Tester: Provided, That the flammability or combustibility of
solids and of the contents of self-pressurized containers shall be
determined through methods found by the implementing agency to be
generally applicable to such materials or containers, respectively,
and established by regulations issued by it.
(ag) "Food" means any substance, whether processed, semi-processed
or raw, intended for human consumption and includes chewing gum,
drinks and beverages and any substance which has been used as an
ingredient or a component in the manufacture, preparation or
treatment of food.
(ah) "Food additive" means any substance, the intended use of which
results or may reasonably be expected to result, directly or
indirectly, in its becoming a component or otherwise affecting the
characteristics of any food (including any substance intended for
use in producing, manufacturing, packing, processing, preparing,
treating, packaging, transporting, or holding food; and including
any source of radiation intended for any such use), if such
substance is not generally recognized, among experts qualified as
having been adequately shown through scientific procedures to be
safe under the conditions of the intended use.
(ai) "Generic name" is the identification of drugs and medicines by
their scientifically and internationally recognized active
ingredients or by their official generic name as determined by the
Bureau of Food and Drugs of the Department of Health.
(aj) "Guarantee" means an expressed or implied assurance of the
quality of the consumer products and services offered for sale or
length of satisfactory use to be expected from a product or other
similar specified assurances.
(ak) "Hazardous substance" means: (1) (i) Any substance or mixture
of substances which is toxic, corrosive, irritant, a strong
sensitizer, flammable or combustible, or generates pressure through
decomposition, heat or other means, if such substance or mixture or
substances any cause substantial injury or substantial illness
during or as a proximate result of any customary or reasonably
foreseeable ingestion by children.
(ii) Any substance which the department finds to be under the
categories enumerated in clause (1) (i) of this paragraph;
(iii) Any radioactive substance, if, with respect to such substance
as used in a particular class of article or as packaged, the
Department, upon approval of the Department determines by regulation
that the substance is sufficiently hazardous to require labeling in
accordance with this section in order to protect the public health;
(iv) Any toy or other articles intended for use by children which
the director may, by regulation, determine the presence of an
electrical, mechanical or thermal hazard.
(2) This term shall not apply to food, drugs, cosmetics, and devices
nor to substances intended for use as fuels when stored in
containers and used in the heating, cooking or refrigeration system
of a house, but such term shall apply to any article which is not in
itself a pesticide but which is a hazardous substance, as construed
in clause (a) of paragraph (1), by reason of bearing or containing
such harmful substances described therein.
(al) "Highly Toxic" means any substance which has any of the
following effects: (1) produces death within fourteen days to
one-half or more than one-half of a group of ten or more laboratory
white rats each weighing between Two hundred and three hundred
grams, at a single dose of fifty milligrams or less per kilogram of
body weight, when orally administered; or (2) produces death within
fourteen days to one-half or more of a group of ten or more
laboratory white rats each weighing between two hundred and three
hundred grams, when inhaled continuously for a period of one hour or
less at an atmospheric concentration of two hundred parts per
million by volume or less of gas or vapor or two milligrams per
liter by volume or less of mist or dust, provided such concentration
is likely to be encountered by man when the substance is used in any
reasonably foreseeable manner, or (3) produces death within fourteen
days to one-half or more of a group of ten or more rabbits, when
tested in a dosage of two hundred milligrams or less per kilogram of
body weight, or when administered through continuous contact with
the bare skin for twenty-four hours or less.
(am) "Home solicitation sale" means consumer sales or leases which
are personally solicited by any person or organization by telephone,
person-to-person contact or by written or printed communication
other than general advertising or consummated at the buyer's
residence or a place of business, at the seller's transient
quarters, or away from a seller's regular place of business.
(an) "Immediate container" means the container or package which is
immediately after or near the substance but does not include package
liners.
(ao) "Imminently hazardous product" means a consumer product which
presents an unreasonable risk of death, serious illness or severe
personal injury.
(ap) "Irritant" means any substance not corrosive within the meaning
of paragraph (t) of this Article which, on immediate, prolonged or
repeated contact with normal living tissue will induce a local
inflammatory reaction.
(aq) "Label, labeling" means the display of written, printed or
graphic matter on any consumer product its immediate container, tag,
literature or other suitable material affixed thereto for the
purpose of giving information as to identify, components,
ingredients, attributes, directions for use, specifications and such
other information as may be required by law or regulations.
(ar) "Manufacture" means and any and all operations involved in the
production, including preparation, propagation, processing,
formulating, filing, packing, repacking, altering, ornamenting,
finishing or otherwise changing the container, wrapper or labeling
of a consumer product in the furtherance of the distribution of the
same from the original place of manufacture to the person who makes
the final delivery or sale to the ultimate consumer.
(as) "Manufacturer" means any person who manufactures, assembles or
processes consumer products, except that if the goods are
manufactured, assembled or processed for another person who attaches
his own brand name to the consumer products, the latter shall be
deemed the manufacturer. In case of imported products, the
manufacturer's representatives or, in his absence, the importer,
shall be deemed the manufacturer.
(at) "Mass media" refers to any means or methods used to convey
advertising messages to the public such as television, radio,
magazines, cinema, billboards, posters, streamers, hand bills,
leaflets, mails and the like. chanrobles law
(au) "Materially defective product" means a product which, because
of the pattern of the defect, the number of defective products
distributed in commerce and the severity of the risk or otherwise,
creates a substantial risk of injury to the public.
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