BFAR ADMINISTRATIVE ORDER NO. 195, S. 1999, September 20, 1999
RULES AND REGULATIONS GOVERNING IMPORTATION OF FRESH/CHILLED/FROZEN FISH AND FISHERY/AQUATIC PRODUCTS
towards the attainment of food security; in response to the emerging
trends in the trade of fish and other aquatic products in domestic and
international markets; in recognition of the need to ensure food safety
on imported fish and fishery/aquatic products; and pursuant to Section
61 [c] and [d], Sections 62, 67, and 100 of Republic Act 8550, otherwise
known as the Philippine Fisheries Code of 1998, the following rules and
regulations governing the importation of fresh/chilled/frozen fish and
fishery/aquatic products are hereby promulgated:
SECTION 1. Definition of Terms and Phrases. — For purposes of this Order, the following phrases and terms shall mean:
a) Accredited Importer (AI) — refers to an institutional
buyer, individual or entity directly engaged in fishing and aquaculture
and given the privilege by the BFAR to import fresh/chilled/frozen fish
and/or fishery/aquatic products.
b) Accredited Laboratory/ies (AL) — the laboratory/ies in
the Philippines, aside from BFAR Laboratory, given authority by
DTI-Product Standards to analyze the adequate sample of imported fishery
product collected randomly by the technical personnel of BFAR for
chemical and microbiological examination and parasite identification;
c) Application Form to Import (AFI) — a document required
by BFAR to be filled up by the Accredited Importer indicating the
purpose of the importation, species or kind of fish, volume to be
imported, and country of origin.
d) BFAR — Bureau of Fisheries and Aquatic Resources
e) Batch — refers to a quantity of fish and fishery/aquatic products obtained under practically identical conditions.
f) Chilled fish — refers to fish and fishery/aquatic
products which have been subjected to a process where the product is
cooled to a temperature of melting ice, 00C (320F).
g) Consignment — refers to quantity of fish and
fishery/aquatic products bound for a customer in the country of
destination and conveyed by one means of transportation.
h) Country of Origin’s Accredited Laboratory (COAL) — the
laboratory/ies of the country of origin of the imported
fresh/chilled/frozen fish and fishery/aquatic products which issue
Health Certificates certifying that the said fish products have been
inspected, examined and certified as fit for human consumption.
i) Department — Department of Agriculture (DA)
j) DA Certification — Issued by the Secretary of the
Department of Agriculture certifying the necessity of importing fish to
ensure food security, fish price stability and enhance fishery resource
conservation.
k) Director — refers to the Director of the Bureau of Fisheries & Aquatic Resources.
l) Fish and fishery/aquatic products — includes not only
finfish but also mollusks, crustaceans, echinoderms, marine mammals, and
all other species of aquatic flora and fauna, and all other products of
aquatic living resources in any form.
m) Food Safety — the assurance that the food is processed properly and when consumed will not harm the consumers.
n) Food Security — refers to any plan, policy, or strategy
aimed at ensuring adequate supplies of appropriate food at affordable
prices. Food security may be achieved through self-sufficiency (i.e.,
ensuring adequate food supplies from domestic production), through
self-reliance (i.e., ensuring food supplies through a combination of
domestic production and importation), or through pure importation.
o) Fresh fish — refers to freshly caught fish, which has not undergone any processing or preservation treatment.
p) Frozen fishery/aquatic products — fish/fishery/aquatic
product which have been subjected to a freezing process sufficient to
reduce the temperature to 180C (00F) to preserve its quality and to
maintain said product at this temperature.
q) Institutional Buyers — accredited entities or
corporations importing fish for final consumption or processing as food
requirements for accredited hotels and restaurants which would execute
an undertaking that they will not distribute the commodities to the wet
markets.
r) International Health Certificate — refers to a written
guarantee issued by an authorized or competent regulatory agency from
the country of origin, certifying that the fish and fishery/aquatic
products have been handled, processed and packed in hygienic manner and
does not contain microorganisms that may pose food safety hazard.
s) Packaging — refers to the procedure of protecting fish
and fishery/aquatic products by a wrapper, a container, or any other
suitable device.
t) Permit to Import (PI) — a document issued by BFAR in response to the application to import of an Accredited Importer (AI).
u) Private Sector — refers to consumer groups, importers, producers, aquaculturists, fisherfolk and non-government organizations.
v) Processing — means, with respect to fish or fishery
products: the handling, storing, preparing, heading, eviscerating,
shucking, changing into different market forms, manufacturing,
preserving, packing, labeling, dockside unloading or holding.
w) Secretary — Secretary of the Department of Agriculture.
x) SPS Certificate (Sanitary and Phytosanitary Certificate)
— a document issued by a BFAR laboratory or an accredited laboratory
after the mandatory standard physical, microbiological, and chemical
examination for imported fishery products intended for the wet market,
processing, re-export and sale to specialized restaurants, except for
canning and processing purposes, to ensure that the products being
imported are fit for human consumption and/or are not capable of
harboring pests, viruses and diseases. Such document also prescribes the
conditions to be complied with by the importer for the maintenance of
quality and suitability of the product for the intended purpose.
SECTION 2. Importation of Fresh/Chilled/Frozen Fish and Fishery/Aquatic Products.
— The importation of fresh/chilled/frozen fish and fishery/aquatic
products shall be allowed when certified as necessary by the Secretary
in order to achieve food security taking into consideration public
welfare and safety, in consultation with the NFARMC; Provided, That the
importation of fresh/chilled/frozen fish and fishery/aquatic products
for canning and processing purposes including importation undertaken by
institutional buyers does not require such certification; Provided,
Further, That all importation satisfies the Permit to Import and
Sanitary and Phytosanitary (SPS) requirements as provided under Section
67 of Republic Act No. 8550, the Hazard Analysis and Critical Control
Points (HACCP) Standards, and as provided for under this Order.
The certification which shall be valid for ninety (90) days, would
state the volume of fish to be imported as recommended by the Director
upon prior consultation with the private sector as defined in this
Order.
SECTION 3. Basis for the Issuance of Department of Agriculture Certification of the Necessity to Import. —
Pursuant to Section 61 of Republic Act No. 8550, the Secretary, in
consultation with the NFARMC, prior to the issuance of a certification
on the necessity of the importation applied for, shall determine, among
others, the following:
a) The importation is necessary for food security.
b) There is serious injury or threat to domestic industry that produces like or directly competitive products.
The Secretary and the NFARMC, as an aid in the decision-making
process, may inquire from the appropriate local government unit on the
supply and demand situation for fishery products as observed in their
respective localities.
SECTION 4. Filing of Application. — When a
certification has been duly issued by the Secretary under Section 3, an
importer may file a duly accomplished Application Form to Import (AFI)
for importation of fresh/chilled/frozen fish/fishery products with the
Office of the Director, at least five (5) days prior to its importation,
and with a non-refundable application fee of One Hundred and Fifty
(P150.00) Pesos accompanied by the following documents:
a) Proforma Invoice;
b) Articles of Incorporation and By-Laws duly approved by the Securities and Exchange Commission.
SECTION 5. Issuance of a Permit to Import. — A Permit
to Import may be issued by the Director or his duly authorized
representative only after an application thereof has been filed in
accordance with the preceding Section and the applicant has paid the
Permit Fee of One Thousand Five Hundred (P1,500.00) Pesos, and such
other charges for administrative and technical services rendered in
connection with the importation. The indicated amount covers the
mandatory standard microbiological examination conducted on all imported
fish and fishery/aquatic products. A separate charge for specialized
laboratory examinations (for antibiotics trace, mercury traces, etc.)
may be imposed when such examinations are deemed necessary. Charges
incidental to importation of fish and fishery/aquatic products shall be
in accordance with FAO No. 187 series of 1993 and its amendments.
SECTION 6. Duration of a Permit to Import. — A Permit
to Import issued under this Order shall expire thirty (30) days from
the date of issuance. An Unused Permit to Import shall be considered
automatically cancelled.
SECTION 7. Transshipment Ports. — To facilitate
monitoring of imported fishery products, all imported fish destined for
the wet markets shall be coursed through the government fish ports of
the Philippine Fisheries Development Authority (PFDA); Provided, That
the importation of fresh/chilled/frozen fish and fishery/aquatic
products for canning and processing purposes, and importation by
Institutional Buyers as defined in this Order, does not require
transshipment through the government fish ports.
SECTION 8. Required Documents for Trading Imported Fish.
— The government fish port authorities shall require the following
documents from the accredited importer prior to the display of the
imported commodities for trading:
|
a) Bureau of Customs Entry Declaration |
d) Certificate of Origin |
|
b) International Health Certificate |
e) Bill of Lading |
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c) Sanitary and Phytosanitary (SPS) Certificate |
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SECTION 9. Transshipment. — Fish unloaded by foreign
vessels at accredited transshipment ports which are no longer of
exportable grade or can be considered as non-exportable may only be sold
to canneries and processing plants after payment of customs duties and
compliance with SPS requirements as outlined in this Order.
SECTION 10. Requirements for the Importation of Fresh/Chilled/Frozen Fish and Fishery/Aquatic Products. — Fish and fishery/aquatic products to be imported into the Philippines shall meet the following standard and requirements:
a.) International Health Certificate from the country of origin.
Fish and fishery/aquatic products coming into the Philippines intended
for distribution and for further processing shall be certified by
authorized or competent regulatory agency from the country of origin.
The International Health Certificate shall be issued on the basis that
the following requirements have been met:
1) Fish and fishery/aquatic products meet the quality of fresh fish prior to freezing shall be graded accordingly to size.
2) The fishery products must be handled and processed hygienically in processing plants and/or freezer vessels.
3) Frozen fishery products must be kept and maintained at -180C or lower during transport.
4) Fish and fishery/aquatic products must be subject to visual
inspection for parasite check. Fish infested with parasites, must be
removed from the batch.
The International Health Certificate shall be supported with the
following laboratory test results, which shall not exceed for the
indicator organisms, such as:
|
Total viable count |
10/gram |
|
E. coli |
10 to 100/gram |
|
Salmonella |
absent in 25 gram sample |
|
Shigella |
absent |
|
Vibrio cholerae |
absent |
The International Health Certificate shall accompany the consignment
of fish and fishery/aquatic products and shall be presented as part of
the documentation requirements upon arrival.
b) Special Health Control Requirements. — Fish and
fishery/aquatic products covered by the following families: Scombridae
(tuna and tuna-like species and mackerel) and Clupeidae (sardines) shall
be subject to chemical analysis for histamine. Examinations shall be
carried out in accordance with internationally recognized methods. The
results of the test shall not exceed 20 mg./100 gm. And shall be
included in the Health Certificate requirement.
c) Packing and labeling requirements. — Fish and
fishery/aquatic products must be packed under hygienic condition to
preclude contamination from lubricants, oils, fuels or any hazardous
substances. Packaging materials shall not impair the sensory attributes
of the fishery products and shall not transmit harmful substances.
Packaging materials used for fresh fish held under ice should be
provided with adequate drainage for melted water.
The following information shall appear on the packaging and on the accompanying documents.
— the country of origin written out in full
— species of fish/fishery products weights and content
— address of supplier
— BFAR Inspection stamp mark
Frozen fishery/aquatic products imported in bulk intended for further processing are not covered by this requirement.
d) Storage and transport. — Fish and fishery/aquatic
products, during storage and transport, shall be stored at temperature
requirement for specific products.
— Chilled fresh fish and fishery products shall be stored and maintained at 0 to 40C
— Frozen fishery products, with the exception of frozen fish in
brine intended for canning shall be stored at -180C or below during
transport, allowing not more than 3 degrees upward fluctuation in
temperature.
SECTION 11. Inspection Requirements. — Upon arrival,
imported fresh/chilled/frozen fish and fishery/aquatic products shall be
subject to the following inspection requirements:
a.) Documentation — Inspection/verification of
accompanying importation documents (original copy of Permit to Import,
photocopies of International Health Certificate from duly accredited
laboratory and/or Sanitary and Phytosanitary Clearance/Certificate from
the competent authority of the country of origin, Airwaybill/Bill of
Lading and invoice) must be presented and surrendered to the inspecting
Fishery Quarantine Officer. In the absence of a certified true copy by
the importer of the International Health Certificate from the country of
origin, the shipment shall be committed to a storage facility for a
period of not exceeding ten (10) days to allow the importer to submit
such documents. Failure to comply within the specified period, the
shipment shall be returned to the country of origin, otherwise,
forfeited in favor of the government for its proper disposition. All
expenses involving storage, return to origin and disposition of the
shipment shall be borne by the importer.
b.) Physical examination — Adequate sample of imported
fishery product for laboratory examination shall be collected randomly
by technical personnel of the Bureau for sensory/organoleptic
examination. Fresh, chilled, and frozen fish and fishery/aquatic
products shall meet the quality requirements based on organoleptic
checks on the standards for fresh/chilled/frozen fish and
fishery/aquatic products. Each batch of imported fishery products shall
be subject to examination at the time of landing. The local government
unit shall be responsible for the examination of fish and fishery
products during distribution to markets and outlets.
c.) Microbiological analysis — All imported fishery
products shall be subject to microbiological examination. After
laboratory examination, if imported products does not meet the required
quality standard, the whole shipment shall be committed to a storage
facility while further laboratory examination shall be conducted on
random samples to technically determine the quality of the products. If
found unfit for human consumption or does not meet the required
standard, the said container shall be returned to the country of origin.
Fees and charges incidental to examination and storage of imported
products shall be chargeable to the importer.
d.) If upon inspection the imported fish or fishery/aquatic product
does not met the quality requirements prescribed by the Bureau, or
prohibited fish and fishery/aquatic products are included in the
importation, the same shall be removed immediately, and in case of the
latter, confiscated, and the importer shall, in addition, be penalized
in accordance with the provisions of applicable laws, rules and
regulations.
e.) Issuance of Fishery Sanitary and Phytosanitary (SPS) Certificate for the release of the imported fishery product.
f.) Should any portion of the imported fish and fishery/aquatic
products intended for non-human consumption be sold, utilized, or
distributed for local human consumption, the importer shall be
permanently disqualified from applying for subsequent importation of
fish and fishery/aquatic products, and shall be penalized in accordance
with Section 12 of this Order; Provided, However that the imported fish
or fishery/aquatic products shall be immediately confiscated and
forfeited in favor of the government.
g.) Should any portion of the imported fish and fishery/aquatic
product intended for canning and processing plants and any portion of
the importation by institutional buyers be sold or diverted to the local
wet markets, the importer shall be permanently disqualified from
applying for subsequent importation of fish and fishery/aquatic
products, and shall be penalized in accordance with Section 12 of this
Order: Provided, However that the imported fish or fishery/aquatic
products shall be immediately confiscated and forfeited in favor of the
government.
SECTION 12. Penal Clause . — Violation of any provision
of this Order shall subject the offender to eight (8) years of
imprisonment, a fine of Eighty Thousand Pesos (P80,000.00), and
forfeiture of the fishery/aquatic product in favor of the Department for
its proper disposition. Further, violator of this Order shall be banned
from being members or stockholders of companies currently engaged in
fisheries or companies to be created in the future.
SECTION 13. Repealing Clause . — All existing
Administrative Orders, rules and regulations or parts thereof, which are
inconsistent with the provisions of this Order, are hereby repealed or
modified accordingly.
SECTION 14. Separability Clause . — If any portion or
provision of this Order is declared unconstitutional or invalid, the
other portions or provisions thereof, which are not affected thereby,
shall continue in full force and effect.
SECTION 15. Effectivity . — This Order shall take effect
fifteen (15) days after its publication in the Official Gazette and/or
in two (2) newspapers of general circulation.
Adopted: 20 Sept. 1999
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(SGD.) EDGARDO J. ANGARA
Secretary |
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| Recommended by: |
(SGD.) MALCOLM I. SARMIENTO, JR.
Director, Bureau of Fisheries and Aquatic Resources |