IMPLEMENTING RULES AND REGULATIONS PURSUANT TO REPUBLIC ACT NO. 8485, “THE ANIMAL WELFARE ACT OF 1998”

WHEREAS, Section 3 of Republic Act 8485 otherwise known as “The
Animal Welfare Act of 1998” hereinafter referred to as RA 8485 and
signed into law on February 11, 1998, mandates: “The Director may call
upon any government agency for assistance consistent with its powers,
duties and responsibilities for the purpose of ensuring the effective
and efficient implementation of this Act and the rules and regulations
promulgated thereunder”;

WHEREAS, Section 5 of RA 8485 further mandates: “There is hereby
created a Committee on Animal Welfare, hereinafter referred to as The
Committee, attached to the Department of Agriculture which shall be
subject to the approval of the Secretary of the Department of
Agriculture, issue the necessary rules and regulations for the strict
implementation of the provisions of this Act, including the setting of
safety and sanitary standards within thirty (30) calendar days following
its approval”;

WHEREAS, Section 10 of RA 8485 set the effectivity of RA 8485 at 15
days after its publication in at least two (2) newspapers of general
circulation”; and

WHEREAS, the Secretary of Agriculture, hereinafter referred to as
the Secretary, created a Multisectoral, Inter-Office and
Inter-Departmental Committee on Animal Welfare whose first task was to
draft the IRR pursuant to RA 8485. The Committee met often and worked
intensively, submitting several drafts up to a final version of the IRR
and its pertinent sections. The various versions were discussed in
conferences and hearings with representatives of all concerned parties
and stakeholders, both private and public.

NOW, THEREFORE, these IRR are hereby issued to guide the Department
of Agriculture, hereinafter referred to as the Department, the Bureau of
Animal Industry, hereinafter referred to as the Bureau, and all other
concerned departments, offices, agencies and stakeholders, in the
implementation of RA 8485.

A.        IMPLEMENTING RULES AND REGULATIONS

Rule 1.  These rules and
regulations shall be referred to as the “The Implementing Rules and
Regulations Pursuant to Republic Act 8485.”

Rule 2.  To facilitate the
implementation of Section 1, 2, 3, 4, 6, 7 and 8 of RA 8485, several
task forces are hereby created to formulate the various rules and
regulations for the registration, inspection and monitoring of pet
shops, kennels, veterinary clinics, veterinary hospitals, stockyards
corral, stud farms or stock farm, or zoo for the breeding, animal
experimentation, treatment, sale or trading, training and transport of
animals.

The task forces shall be composed of representatives from the
concerned agencies and organizations. The Committee shall review the
output of the task forces for recommendation to the Secretary. Upon the
approval by the Secretary of various rules and regulations, the Task
Forces shall cease to exist. Please refer to Annex “A” for the
composition of the Task Forces.

Rule 3.  The Secretary shall
organize a division in the BAI which shall be called Animal Welfare
Division hereinafter referred to as the Division, to implement Section
1, 2, 3, 4, 6, 7 and 8 of RA 8485. The Division shall have the following
powers and functions:

a)         Enforce the rules and regulations formulated by the Committee and approved by the Secretary to implement RA 8485;

b)         Establish an Inspection and Monitoring System to ensure effective implementation of RA 8485;

c)         Establish and maintain a database surveillance and management information system on animal welfare in the country;

d)         Undertake researches and surveys to support registration, inspection and monitoring system;

e)         Levy and collect fees for its registration, inspection and monitoring system;

f)          Deputize personnel from the regional field units,
local government units and certain veterinary professionals to assist in
the implementation of this Act;

g)         Act as Secretariat to the Committee; and

h)         Prepare the Terms of Reference, Workplan and Budget for approval and financing by the Secretary.

B.        EFFECTIVITY

Rule 4.  These IRR shall take effect seven (7) calendar days after publication in a newspaper of general circulation.

C.        FINAL PROVISIONS

Rule 5.  All existing rules and
regulations, orders, circulars and memoranda or parts thereof issued by
the Department inconsistent with the provisions of these IRR are hereby
repealed or modified accordingly.

Rule 6.  In case any provision or
portion of these IRR is declared unconstitutional by a competent court,
other provisions or portions thereof which are not affected thereby
shall continue to be in full force and effect.

Adopted: 18 May 1998

(SGD.) SALVADOR H. ESCUDERO III
Secretary