PELP FAQS D. Enforcement, Monitoring and Verification

1.  How often will DOE conduct market monitoring activities?
 
Under Chapter IV, Section B, titled 'Monitoring Frequency,' of the Implementing Guidelines on Registration Procedures, Enforcement, Monitoring, Verification, and Compliance  Mechanism,  as amended,  it states that monitoring the compliance to the PELP requirements by applicants and retailers in various regions of the country will be scheduled by the OMT and shall be conducted at least once a year.
 
2.  What is the difference between monitoring and verification activities  under the PELP?
 
For monitoring activities, DOE will check for the presence of the energy labels on products seen  in the market, confirm  if the label is updated and examine if the printed information matches those within the PELP database.
 
For verification activities, DOE will validate the product claims through the following steps:
DOE tags actual samples found in the stores
DOE informs the corresponding PELP-registered company about the tagged samples
The PELP-registered company secures the tagged samples and sends them to a DOE-Recognized Testing Lab for verification testing
Whenever  applicable,  PELP-registered   company   updates  their  product details in accordance with the result of the verification testing
 
3.  When would be the start of the Enforcement Activity?
 
Enforcement activities for Air conditioners, Refrigerating Appliances, Television Sets and Lighting Products have already started last March 2024.
 
For newer product types (e.g., electric fans, clothes washing machines, etc.) having their own Implementing Guidelines (IGs), enforcement activities will start at least 2 years after the publication of their corresponding IGs or, to be more specific, at least six (6) months after the release of DOE's advisory on the schedule of enforcement for the specific product type.
 
4. Who will be considered accountable for violations under the PELP? Will it be the retailer, the manufacturer, or both?
 
In cases like these, an investigation by the DOE will take place. Accountability will fall on the entity that caused the violation.
 
5. What happens when Non-Compliances  (NCs) were found during monitoring activities?
 
NCs shall trigger the provisions of the Show Cause Order which can be summarized as follows:
 
An order to immediately stop the selling of the affected models
The concerned parties involved shall be given 10 working days to submit a letter of explanation to DOE (as to why they should not be penalized) OR they could use the 10 working  days to resolve the NC and submit proof I
evidence of compliance to DOE to resume the selling of the affected model.
If the explanation was found to be lacking or if the concerned parties failed to respond I resolve the NC within the allotted time frame, then the findings shall be endorsed to the DOE Legal Services for the appropriate action (which may lead to the imposition of penalties).
 
6. Could you give us examples of how to resolve the common Non-Compliances (NCs)?
 
NC: Expired Energy Label (exceeded the 1-year validity)
Action: Contact the owner of the label (PELP-registered company) have them renew it via the PELP System
 
NC: The contents of the printed label differ from the contents found in the PELP Database I QR Link
Action: Contact the owner of the label (PELP-registered company) and request for the most updated label and replace the existing printed label. The NC may have been due to a situation wherein the product details underwent an update, but the updated label was not forwarded to the store. Hence, the store ended up displaying an obsolete label.
 
NC: Printed label was found to be off-color I visibly damaged I with visual defects Action:  Contact  the  owner  of  the  label  (PELP-registered  company)  and  either request for a newly printed label or the electronic file for the label that is ready for printing. Either way, the NC should be resolved after replacing it with the correct label.
 
NC: No label was found for the product  and the DOE Team said it was already registered in the system
Action: Contact the source of the item (PELP-registered company) and request for a label. Since the item was found in the PELP Database then securing  the label should be fast and easy.
 
NC: No label was found for the product and the DOE Team said that the model is not registered to PELP:
Action: Stop selling the item. Contact the source of the item and have them undergo the required processes to secure an Energy Label. Resume selling the item as soon as you get hold of the correct energy label.
 
7.  Do we need to replace the old yellow labels with the new DOE Energy Labels?
 
Yes. The yellow  labels  are not considered  as a substitute  for the DOE Energy Labels.
 
8.  Is it okay to display the PELP Promotional Mark as a replacement for Energy Label?
 
It depends.
 
If you are referring to the labels attached to the products themselves at the stores, then  the PELP Promotional  Mark WILL NOT DO. You need to attach the actual Energy Labels.
 
If you are referring to product brochures or printed advertisements, then YES. The PELP Promotional Mark can used as an alternative to the Energy Label.
 
9.  How to request for PELP promotional Mark?
 
The PELP Promotional Mark will be available in the enhanced version of the PELP System (to be launched  this year, 2024). Once the request for Energy Label has been approved, the PELP Promotional Mark will also be included along with energy label files issued to the applicant.
 
10.Why are there 3 batches in the verification testing sampling?
 
The 2nd and 3rd batches will only be necessary if the testing result of the 1st batch fails the prescribed requirements under PELP.
 
11.Will sampling be done for products with energy labels only or will it include products without energy labels?
 
Sampling will be done only for products registered in the PELP System.
 
On the other hand, PELP-covered  products without energy labels, if being sold in the  market,  will  instead  be  treated  as  Non-Compliance   to  the  PELP  and  be subjected to the prescribed enforcement measures.
 
12.1n case of disputes I challenges, who is the official laboratory that will conduct the testing?
 
The  DOE-LATO or a DOE-recognized  testing  laboratory  will  do the verification testing.
 
13. What will happen to products drawn during verification activities?
 
Products drawn will be tested at the DOE-LATO or any DOE-Recognized Testing Laboratory. Samples drawn from retail stores for this purpose shall be replaced by the PELP-Registered Company that took them (as indicated in the signed Acknowledgement of Tagged Samples or ATS).
 
14.Who will bring the samples for verification testing from the store/warehouse to the testing facility?
 
The related PELP-Registered Company. You may also refer to item #2 for more info.
 
15.1n verification testing, who will shoulder the cost of the testing?
 
The related PELP-Registered Company or the one who took the sample from the store.