Law of the National Quality System

OBJECTIVE. The objective of this Law is to establish the National Quality System as a national infrastructure responsible for activities of quality development and demonstration, to promote the competitiveness of national companies, fostering confidence in the transaction of goods and services, facilitating the fulfillment of international commitments regarding conformity assessment, promoting quality culture and providing technical support to regulatory entities. It shall function as an instance of unification, generating quality policy proposals for the areas of standardization, accreditation, metrology, and conformity assessment, in accordance with the objectives, goals and indicators of the Country Vision and Nation Plan, as well as recognized international practices.

The National Quality Council is composed as follows:

• 1)

  The holder of the Technical Secretary of Planning and External Cooperation (SEPLAN), who shall preside;

• 2)

  The Secretary of State in the Offices of Industry and Commerce;

• 3)

  The Secretary of State in the Office of Tourism;

• 4)

  The Secretary of State in the Offices of Agriculture and Livestock;

• 5)

  The Secretary of State in the Office of Health;

• 6)

  The Secretary of State in the Offices of Natural Resources and Environment;

• 7)

  The Secretary of State in the Offices of Labor and Social Security;

• 8)

  The Secretary of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI);

• 9)

  A representative of the Honduran Business Council (COHEP);

• 10)

  A representative of the Federation of Chambers of Commerce of Honduras (FEDECAMARAH);

• 11)

  A representative of the Higher Education Council;

• 12)

  A representative of the Federation of Collegiate Professional Organizations of Honduras (FECOPRUH);

• 13)

  A representative of the National Association of Micro, Small and Medium Industry of Honduras (ANMPIIH);

• 14)

  A representative of Consumer Associations, legally recognized;

• 15)

  A representative of the National Association of Industrialists (ANDI);

• 16)

  A representative of Research Centers of Science and Technology registered in the Directorate of Competitiveness and Innovation of SEPLAN and whose positive participation is required for their respective nomination by their members; and,

• 17)

  A representative of each of the Regional Development Councils, duly registered in SEPLAN.

PURPOSES AND OBJECTIVES OF THE SYSTEM.

• 1)

  To guide, organize and promote the participation of the Public Administration and private sector in conformity assessment activities and quality promotion, integrated into the System;

• 2)

  To promote the availability and use of conformity assessment and demonstration mechanisms;

• 3)

  To promote the adoption of quality management practices and training in organizations that produce and commercialize goods and services in the country;

• 4)

  To foster the quality of goods and services that are produced or commercialized in the national territory;

• 5)

  To promote cultural insertion of quality in all spheres of national life;

• 6)

  To contribute to the strengthening of management carried out by public and private entities responsible for protecting health, the environment and consumer rights; and,

• 7)

  To promote effective public and private coordination among the competent entities that carry out activities of metrology, standardization, technical regulation and conformity assessment.

For the interpretation of this Law, the definitions established in the norms, guides, agreements and applicable international codes in its field must be used.

The National Quality Council (CNCA) is created as a Consultive Organ of the Technical Secretary of Planning and External Cooperation (SEPLAN), whose object is to manage, support and facilitate the necessary resources through association, to demonstrate the technical competence of the services it provides and to demonstrate that certain products or services that it analyzes, tests, calibrates, verifies and/or evaluates, comply with the required norms or technical regulations.

The National Quality Council (CNCA) is authorized to increase the number of its members, provided it is duly agreed upon and approved by a majority of its members from both the private and public sectors, and parity representation between both sectors must be maintained when electing new members. It shall meet in ordinary session at least once (1) per quarter and, in extraordinary form whenever necessary, by convocation of its President or by half plus one of its members.

The National Quality Council (CNCA) is authorized to increase the number of its members, provided it is duly agreed upon and approved by a majority of its members from both the private and public sectors, and parity representation between both sectors must be maintained when electing new members. It shall meet in ordinary session at least once (1) per quarter and, in extraordinary form whenever necessary, by convocation of its President or by half plus one of its members.

The National Quality Council (CNCA) has the following attributes:

• 1)

  To advise the Presidency of the Republic, the holder of SEPLAN, and other organs of the National Quality System;

• 2)

  To propose quality policies and determine the general guidelines necessary for the achievement of this Law;

• 3)

  To define national policies, aimed at improving the quality of products and services that are commercialized in the country, as well as those that are exported;

• 4)

  To establish the necessary directives to guarantee the effective functioning of the National Quality System;

• 5)

  To recommend the execution of bilateral or multilateral agreements or covenants, within its field of competence;

• 6)

  To promote the training, updating and specialization of persons and institutions in matters that correspond to the scope of this Law;

• 7)

  To approve and reform its Internal Regulation; and,

• 8)

  Such other functions as this Law and its Regulation may assign. The National Quality Council (CNCA) shall convene, when it deems appropriate, other officials of the national public sector and international cooperation or other representatives of the private sector in the capacity of observers or technical advisors, when specific topics of their respective competence are being discussed.

The Executive Committee is created as the organ responsible for implementing, executing and monitoring the quality policies issued by the National Quality Council (CNCA). It shall be composed of seven (7) members:

• 1)

  President of the Executive Committee, selected from a slate of three (3) candidates with extensive knowledge in topics of recognized experience, with a university degree in Administration or Engineering;

• 2)

  Technical Secretary: Designated by the Technical Secretary of Planning and External Cooperation (SEPLAN), who coordinates the National Quality System area, with authority, capacity and technical competence for the development of activities inherent to the National Quality System; and,

• 3)

  Five (5) principal members and two (2) alternate representatives from the public and private sectors distributed equitably. The principal members of the Executive Committee shall be appointed in session of the National Quality Council (CNCA). It shall be incumbent upon this body to exercise the functions of Technical Secretary of the National Quality Council, to whom it shall report periodically.

The National Quality System is created as a Decentralized Organ of the Technical Secretary of Planning and External Cooperation (SEPLAN), with legal authority for the achievement of its purpose, whose object is to promote the development of Standardization, Accreditation, Metrology and Conformity Assessment services, aimed at improving the competitiveness and fostering the sustainable development of the country.

The National Quality System is the entity responsible for coordinating and developing the distinct functions that correspond to the National Quality Infrastructure.

The Organs of the National Quality System are:

• 1)

  The Executive Secretariat;

• 2)

  The National Standardization Organization;

• 3)

  The National Metrology Organization; and,

• 4)

  The National Accreditation Organization.

The Executive Secretariat is the Superior Administrative Coordination Organ, which is proposed by the holder of SEPLAN, and must meet with extensive capacities and knowledge in the field.

To be Executive Secretary, the following is required:

• 1)

  To be Honduran by birth;

• 2)

  To possess a university degree in matters related to this Law, and must accredit at least five (5) years of professional experience in the administrative field at a managerial or management level; and,

• 3)

  To accredit a minimum of five (5) years of training and experience in the fields of this Law.

The budget of the National Quality System shall be reflected annually in the General Budget Project of Income and Expenses of the Republic, which the Technical Secretary of Planning and External Cooperation (SEPLAN) shall send to the Secretary of State in the Office of Finance, and the latter in turn to the National Congress of the Republic, in which sufficient funds shall be included for the fulfillment of the Annual Operating Plan duly approved by the National Quality Council (CNCA).

The following form part of the Patrimony and financial sources of the National Quality System: 4) Accrediting more than five (5) years of professional practice; and, 5) Accrediting more than three (3) years of training and experience in the field of competence of the respective organism. Resources from bequests, donations and contributions from natural persons, juridical persons, national and international entities. Non-reimbursable funds that international organisms or friendly countries allocate and income received from the sale of goods and services compatible with their activities. CHAPTER IV SECTION I OF THE ORGANISMS OF THE NATIONAL STANDARDIZATION QUALITY SYSTEM

The National Standardization Organism is created as a technical body forming part of the National Quality System, responsible for executing the activities of: elaboration, approval, publication and dissemination of standards, with the aim of facilitating trade, and being able to serve as a basis for technical regulations; facilitating conformity assessment, industrial development, and providing bases for improving the quality of products, processes and services.

The heads of the organisms established in Article 10 of this Law must have technical independence in their decision-making and in the execution of activities within their competence. Each of the organisms comprising the body of the National Quality System shall be under the responsibility of a Technical Coordinator, appointed in each case by the Secretary of State in the Office of the Technical Secretariat of Planning and External Cooperation, at the proposal of a slate presented by the National Council of each respective organism. The Technical Coordinators have the faculties and adequate technical competence for the development of activities proper to the organisms they direct. For purposes of selection of technical personnel comprising each of the organisms of the National Quality System, those interested in the development of standardization shall be taken into account, by sectors of activity; ARTICLE 23.- The organization and operability of the National Standardization Organism is based on international criteria and standards. ARTICLE 24.- The National Standardization Organism is governed by the principles of: broad participation, transparency and consensus; and is based on consolidated results of experience, science and technology.

The attributions of the Technical Coordinator of the National Standardization Organism are the following: A. 5 1) To elaborate and execute the operative program and Annual Budget of the Organism; 2) To integrate the slate in charge of the selection of technical personnel contracted for the Organism; 3) To establish and maintain relations with international standardization organisms; 4) To constitute and coordinate specialized technical work committees for the development of standardization; 5) To present monthly reports to the Executive Secretariat of the National Quality System and to contribute to the execution of the agreements of the National Council of Quality (CNCA); and, 6) The other ones that the Regulation of this Law may indicate. ARTICLE 28.- The National Standardization Council is the maximum technical body of the National Standardization Organism and is comprised of: 1) A Principal representative and an Alternate of the Technical Secretariat of Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation, who presides over it; and, 2) A Principal representative and an Alternate of the following institutions:

The activities of the National Standardization Organism are developed through the joint integration of public and private institutions, with the joint participation of producers, merchants, consumers and users.

The National Standardization Organism, by virtue of the recognition granted to it and for purposes of this Law, must comply especially with the following functions: 1) To direct the elaboration of norms suitable for national socioeconomic development, including the adoption and/or adaptation of international standards and harmonization in supranational spheres; 2) To disseminate the proper application of norms to different productive activities in the public and private sectors; 3) To promote the establishment of agreements and collaboration accords with entities at national, regional or international level; 4) To represent the country as a member before regional and international standardization organizations; 5) To promote the creation of committees, technical subcommittees of standardization and other bodies of study, evaluation and control of A. 6 ARTICLE 34.- The attributions of the Technical Coordinator of the National Center of Metrology are the following:

• 1)

  To elaborate and execute the operative program and annual Budget of the Center;

• 2)

  To integrate the slate in charge of the selection of technical personnel contracted for the Center;

• 3)

  To establish and maintain relations with foreign metrology organisms;

• 4)

  To constitute and coordinate specialized work groups in metrology;

• 5)

  To present monthly reports to the Executive Secretariat of the National Quality System;

• 6)

  To contribute with the Executive Secretariat of the National Quality System to the execution of the Agreements of the National Council of Quality (CNCA); and, 7) The other ones that this Law and its Regulation may indicate. The National Standardization Council shall be organized in accordance with what is established in the Regulation of this Law.

  • a)

    Honduran Business Council (COHEP);

  • b)

    Federation of Commerce Chambers of Honduras (FEDECAMARAH);

  • c)

    National Association of Industrialists (ANDI);

  • d)

    National Association of Micro and Small Enterprise (ANMPIIH) or other (s) Guild Association (s) legally established;

  • e)

    National Association of Exporters (ANEXHON);

  • f)

    Trade Associations of the Construction Industry;

  • g)

    Council of Higher Education;

  • h)

    Federation of Professional Colleges of Honduras (FECOPRUH);

  • i)

    National Council of Quality (CNCA);

  • j)

    National Center of Metrology; and k) National Organism of Accreditation. Depending on the subject matter to be considered and that is related to the matters of their competence, the Secretariats of State in the following areas also comprise the National Standardization Commission:

    • 1)

      Industry and Commerce;

    • 2)

      Health;

    • 3)

      Tourism;

    • 4)

      Agriculture and Livestock; and, 5) Natural Resources and Environment. The Secretary of the National Standardization Council shall be the Technical Coordinator of the National Standardization Organism. Representation before the National Standardization Council is carried out on an ad honorem basis. SECTION II OF METROLOGY

The National Center of Metrology is created, dependent on the National Quality System, as a technical organism responsible for industrial and scientific metrology in the Country, as well as to exercise the functions that are internationally attributed to the National Institutes of Metrology, and as such acts in the capacity of competent national organism.

The organization and operability of the National Center of Metrology is based on the criteria and international standards defined by the International Bureau of Weights and Measures (BIPM).

The National Center of Metrology has the purpose to promote, foster, develop and consolidate in the country, the metrological infrastructure that expands knowledge in the area of measurements, in order to guarantee the reliability of the same, at the same time that they contribute to obtaining products and services of quality.

The National Center of Metrology bases the assurance of measurements on the traceability of national standards to international standards.

The National Center of Metrology is comprised of: industrial and scientific metrology, defining the actions that must be taken in each one. A. 7 d) Honduran Business Council (COHEP); e) National Association of Industrialists (ANDI); and f) Federation of Commerce Chambers of Honduras, (FEDECAMARAH). The Secretary of the National Metrology Council is the Technical Coordinator of the National Center of Metrology. Representation before the National Metrology Council is carried out on an ad honorem basis. The National Metrology Council shall be organized in accordance with what is established in the Regulation of this Law. SECTION III OF ACCREDITATION

The National Metrology Council is the maximum technical body of the National Center of Metrology and is comprised of: 1) A Principal representative and an Alternate of the Secretariat of State in the Office of Industry and Commerce who presides over it; and, 2) A Principal representative and an Alternate of the following referring institutions:

• a)

  Technical Secretariat of Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation;

• b)

  National Council of Quality;

• c)

  Council of Higher Education;

The National Organism of Accreditation is the sole competent entity to carry out accreditation procedures with respect to testing and calibration laboratories, inspection and control entities, certification entities and other related ones, in accordance with the Norms, Guides and international Guidelines for this matter issued by the International Organisms reference bodies in the matter. All public institutions that for the fulfillment of their functions require services of testing laboratories, calibration laboratories, inspection entities and certification entities, must use those accredited or recognized by multilateral recognition agreements of the National Organism of Accreditation and equivalent international entities. Public or private laboratories and inspection organisms with delegation to exercise that function, must accredit themselves before the National Organism of Accreditation or present it before an Organism enabled to do so, with Multilateral Recognition Agreement, in accordance with the respective Regulation.

The functions of the National Organism of Accreditation are the following:

• 1)

  To comply with the functions of national technical organism competent in the matter of accreditation in the field, at the request of voluntary basis;

• 2)

  To stimulate accreditation in all scientific and technological fields;

• 3)

  To promote the formation of National Networks of Conformity Assessment Organisms with accredited scopes;

• 4)

  To promote the demonstration of technical competence, transparency, trust and credibility of accredited entities;

• 5)

  To participate as a member in international accreditation organizations; and, 6) The other ones that the Regulation of this Law may indicate. 7) To execute the agreements of the National Council of Quality (CNCA); and 8) The other ones that the Regulation of this Law may indicate. ARTICLE 44.- The National Accreditation Council is the maximum technical body of the National Organism of Accreditation, is comprised of: 1) A Principal representative and an Alternate of the Technical Secretariat of Planning and External Cooperation (SEPLAN), who presides over it and, 2) A Principal representative and an Alternate of the following institutions:

  • a)

    Secretariat of State in the Office of Industry and Commerce;

  • b)

    Secretariat of State in the Office of Health;

  • c)

    Secretariat of State in the Office of Tourism;

  • d)

    Secretariat of State in the Offices of Agriculture and Livestock;

  • e)

    Secretariat of State in the Offices of Natural Resources and Environment;

  • f)

    Secretariat of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI);

  • g)

    Council of Higher Education,

  • h)

    Secretariat of State in the Office of Education;

  • i)

    Federation of Professional Colleges of Honduras (FECOPRUH);

  • j)

    Legally Constituted Consumer Organization;

  • k)

    Honduran Business Council (COHEP); A. 9 l) National Association of Industrialists (ANDI); ll) Honduran Chamber of the Construction Industry (CHICO); m) Honduran Chamber of Consulting Enterprises (CHEC); n) National Council of Quality (CNCA); ñ) National Center of Standardization; o) National Center of Metrology; and, p) Conformity Assessment Organisms with accredited scopes, in: i) Inspection Organisms; ii) Certification Organisms; iii) Testing Laboratories; and iiii) Calibration Laboratories. The Secretary of the National Accreditation Council shall be the Technical Coordinator of the National Organism of Accreditation. Representation before the National Accreditation Council is carried out on an ad honorem basis. The National Accreditation Council shall be organized in accordance with what is established in the Regulation of this Law. CHAPTER IV OF THE CONFORMITY ASSESSMENT ORGANISMS

In order to provide confidence in the services rendered to clients, to the public sector and to regulatory entities, within the framework of conformity assessment and consumer protection, the National Quality System, through the National Organism of Accreditation, shall facilitate the formation of a network of inspection, testing, analysis, calibration and certification organisms with properly accredited scopes. It has the purpose of managing, supporting and facilitating the necessary resources through association, to evidence the technical competence of the services they provide and to demonstrate that certain products or services that they analyze, test, calibrate, verify and/or evaluate, comply with the required standards or technical regulations.

Each National Network of Conformity Assessment Organizations with accredited scopes that is established is constituted by public and/or private entities. 6) Any others that are attributed to it by the Regulations of this Law. A. 10

The Interinstitutional Commission on Technical Regulations is composed of the following members: The members of the Commission are designated by the respective State Secretary or the Organization they represent. Representatives of Public Administration Entities or Decentralized and/or Deconcentrated Organs may participate when topics relative to the nature and proposals of their respective functions are dealt with, for the issuance of the Technical Regulations within their competence that are necessary. The representatives in the Interinstitutional Commission on Technical Regulations of these Entities or Organs shall be appointed in accordance with what is determined by their respective laws or instruments that give them legal life.

• 1)

  A representative of the State Secretary in the Offices of Industry and Commerce, who presides over it;

• 2)

  A representative of the Technical Secretariat of Planning and External Cooperation (SEPLAN);

• 3)

  A representative of the State Secretary in the Office of Tourism;

• 4)

  A representative of the State Secretary in the Offices of Agriculture and Livestock;

• 5)

  A representative of the State Secretary in the Office of Health;

• 6)

  A representative of the State Secretary in the Offices of Public Works, Transportation and Housing (SOPTRAVI);

• 7)

  A representative of the State Secretary in the Offices of Natural Resources and Environment;

• 8)

  A representative of the State Secretary in the Office of Education;

• 9)

  A representative of the State Secretary in the Offices of Interior and Population;

• 10)

  A representative of the State Secretary in the Offices of Labor and Social Security;

• 11)

  A representative of the State Secretary in the Offices of Security;

• 12)

  A representative of the Honduran Council of Private Enterprise (COHEP);

• 13)

  A representative of the Consumer Association;

• 14)

  A representative of the National Association of Industrialists (ANDI); and,

• 15)

  A representative of the Federation of Chambers of Commerce of Honduras (FEDECAMARAH). ARTICLE 51.- The Interinstitutional Commission on Technical Regulations shall issue within ninety (90) days its Internal Regulations and the Regulations of this Law, respectively. ARTICLE 52.- It is incumbent upon the Executive Power to instruct the competent organisms the functions of Focal Point for Technical Barriers to Trade, Sanitary and Phytosanitary Measures, as well as the formation of information centers in accordance with applicable international regulations.

The Technical Secretariat of Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation, which among its functions is in charge of the coordination of the National System for Quality, Standardization, Accreditation and Metrology established in this Law, acts as the Technical Secretariat of the CNCA, in a temporary and transitory manner until the Executive Secretary of the National Council for Quality takes office. The Executive Secretary shall be appointed and sworn in by the National Council for Quality within thirty (30) days following the date of its installation. A. 11

The technical personnel that at the date this Law comes into force are working within the Directorate of Competitiveness and Innovation/Quality Area becomes part of the personnel of the National System for Quality, retaining their seniority and other labor rights, in accordance with Decree No. 182-2010, dated September 30, 2010.

The National System for Quality shall begin operations in the year 2011 and for that purpose its budgetary requirements shall be approved for execution in fiscal year 2012. Notwithstanding, in the year 2011 the personnel costs of the technical staff that comprises the Quality Area of the Directorate of Competitiveness and Innovation of SEPLAN shall be included in the Budget of Income and Expenditures of the Technical Secretariat of Planning and External Cooperation (SEPLAN).

Regarding the National Standardization Organism. The Honduran Standardization Organism (OHN) is recognized as the National Standardization Organism, to operate in accordance with Articles 22, 23, 24, 25, 26, 27 and 28 of this Law.

Regarding the National Center for Metrology. The Honduran Center for Metrology (CEHM) is recognized as the National Center for Metrology, to operate in accordance with Articles 29, 30, 31, 32, 33, 34, 35, 36 and 37 of this Law.

The President of the Republic in the capacity of Honorary Member, and the State Secretary in the Offices of the Technical Secretariat of Planning and External Cooperation shall be members of the National Council for Quality.