RULES, REGULATIONS, GUIDELINES, STANDARDS, AND PROCEDURES ON THE IMPORTATION OF MEAT AND MEAT PRODUCTS INTO THE PHILIPPINES

WHEREAS, there were series of disease outbreaks (e.g., Foot and
Mouth Disease, Mad Cow Disease (BSE), Avian Influenza, among others) and
contaminations (e.g. dioxin, etc.) in countries where the Philippines
sources its meat and meat products;

WHEREAS, there is a need to prevent the entry of disease-carrying,
contaminated, and/or adulterated meat and/or meat products, which
endanger the lives and safety/health of the consuming public and are
potentially causing serious economic consequences on the livestock and
poultry industry;

WHEREAS, there is a need to issue an integrated, rationalized,
improved, and transparent rules and regulations governing the
importation of meat and meat products to ensure the safety/health and
quality of imported meat and meat products.

NOW, THEREFORE, I, EDGARDO J. ANGARA, Secretary of the Department of
Agriculture, in accordance with the Consumer Act of the Philippines and
Section 18, Chapter 4, Title IV, Book IV of Executive Order No. 292, do
hereby issue this Order governing the importation of meat and meat
products:

Section 1.        Definition of Terms . As contemplated in this Order, the following terms, words and phrases herein used shall be construed to mean as follows:

A.  Meat — refers to fresh, chilled or frozen part of
carcass, including edible offal derived from but not limited to cattle,
buffalo, pig, poultry, goat, sheep, and horse but excluding meat derived
from marine animals and those prohibited animals under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

B.  Meat Products — refer to meat referred above, which have been subjected to treatment by cooking, drying, salting, brining or smoking.

C.  Qualified Importer — refers to any National Meat
Inspection Commission (NMIC) accredited processor, traders, hotels,
resorts, restaurants, supermarkets, among other entities dealing with
the same with valid Veterinary Quarantine Clearance issued by the
Department of Agriculture (DA).

D.  Qualified Exporter – refers to the owner of the
foreign meat plant accredited by the DA and recognized/accredited by the
government veterinary authority of the exporting country.

E.  International Veterinary/Health Certificate –
refers to a certificate issued by the authorized government veterinary
authority/officer of the country of origin, attesting, among others that
the goods conform/satisfy with the sanitary/veterinary
requirements/standards of the Philippines as prescribed in the
Veterinary Quarantine Clearance issued by the DA.

F.   Veterinary Quarantine Clearance (VQC)/SPS Import Permit –
refers to a document issued by the DA, setting the quarantine and
laboratory procedures and conditions within which the meat and/or meat
products shall be subject to by the exporting country prior to shipment.

G.  Office International des Epizootic (OIE) – refers
to the international organization recognized by the World Trade
Organization (WTO) Agreement on the Application of the Sanitary and
Phytosanitary Measures as the body responsible for establishing the
animal veterinary and health standards/guidelines (OIE Animal Health
Code).

H.  Codex Alimentarius Commission (CODEX) – refers to
the body recognized by the WTO Agreement on the Application of the
Sanitary and Phytosanitary Measures as the body responsible for setting
the standards codes of practice, guidelines and recommendations on food
quality and safety.

I.    Adulterated Food – meat and meat products shall be deemed adulterated:

1)      If it bears or contains any poisonous or deleterious
substance, which may render it injurious to health; but in case the
substance is not an added substance, such food shall not be considered
adulterated under this clause if the quantity of such product does not
ordinarily render such food injurious to health;

2)      If it bears or contains any added poisonous or
deleterious substance other than one which is (i) a pesticide chemical,
(ii) a food additive, and (iii) color additive for which tolerances have
been established and conforms to such tolerances;

3)      It consists in whole or in part of any filthy, putrid
or decomposed substance; or if it is otherwise unfit for human
consumption;

4)      If it has been prepared, packed or held under
unsanitary conditions whereby it may have become contaminated with filth
or whereby it may have been rendered injurious to health;

5)      If it is, in whole or part, the product of the
deceased animal or of an animal, which died of causes other than by
slaughtered; or

6)      If its container is composed, in whole or in part, of
any poisonous or deleterious substance, which may render the contents
injurious to health.

J.   Substandard – meat and meat products shall be deemed substandard:

1)      If any valuable constituent has been, in whole or in
part, omitted or abstracted therefrom and the same has been substituted
by any healthful equivalent or such constituent;

2)      If any substance, not of valuable constituent, has been added or substituted or in part thereof;

3)      If damage or inferiority has been concealed in any manner; or

4)      If any substance has been added thereto or packed
therewith so as to increase its bulk or weigh, reduced its quantity or
strength, or make it appear of better or greater value than it actually
is.

Section 2.       Covered Products . Only meat and meat products referred to in ANNEX “A” as defined in Section 1 (A) and (B) are covered by this Order.

Section 3.      Requirements at the Country of Origin

A.  Before a qualified exporter can ship-into the Philippines
meat and/or meat products, it must first secure a copy of the approved
VQC/SPS Import Permit referred to in Section IV.

B.  The shipment (imported meat and meat products) shall be
accompanied by an International Veterinary/Health Certificate issued by
the federal or national government veterinary authority at the country
of origin attesting that the shipment conforms with the veterinary
condition/requirements of the Philippines.

C.  Only frozen meat slaughtered within 3 months are allowed for exports to the Philippines.

D.  The government veterinary authority of the country
maintaining exports to the Philippines shall submit a monthly report on
their disease conditions (based on the OIE format) to the Bureau of
Animal Industry (BAI).

E.  The government veterinary authority shall report to the BAI
any outbreak of OIE notifiable diseases as soon as possible but should
not exceed a week from the date it has actually confirmed the outbreak.

F.   Outbreak of a disease shall cause the temporary ban on the
exportation of the affected meat and/or meat products into the
Philippines. Lifting of the temporary ban shall be in accordance with
the recommendations/advisory of OIE and the considerations of the
measures taken by the government veterinary authorities of the country
and the exporter.

Section 4.      Application for Veterinary Quarantine Clearance (SPS Import Permit)

A.    A qualified importer as defined under Section 1 (C) who
intends to import meat and/or meat products must submit a verified
(notarized) application, together with the documents referred to in
ANNEX “B”, for a Veterinary Quarantine Clearance (VQC)/SPS Import Permit
to the Office of the Director of the Bureau of Animal Industry (BAI)
and for consideration and approval of the Secretary of Agriculture prior
to the shipping of goods into the country.

B.    The BAI, in consultation with the NMIC as may be
necessary, shall evaluate and may approve the application for VQC if the
submitted documents are complete and are in order. Approved VQC with
BAI seal and the Secretary’s signature shall be released upon payment of
the necessary fee.

C.   The BAI shall issue a VQC per container van of meat and/or
meat products to be imported. The issued VQC is only valid for one
shipment.

D.   The VQC is valid for 3 months from the date of issue. A
30-day extension must be secured from the BAI when the shipment is
already made within the validity of the VQC but will arrive during the
expiration of the same. For this purpose, the original VQC shall be
surrendered to the BAI for evaluation and extension. The VQC being
extended shall be released upon payment of the necessary payment fee.

Section 5.      Requirements from an Importer

A.  At least three (3) days prior to the expected arrival of the
shipment, the importer shall inform the BAI by submitting the
accomplished Notice of Arrival. This Notice shall contain, among others,
the kind of meat and meat products imported, the volume/quantity, the
source/country of origin, the carrier (flight/voyage no.) and the port
of entry.

B.  A shipment without an approved VQC as mentioned in Section
III (A) shall be deemed illegal and therefore shall be subject to the
provisions of Section VII (Disposition) of this Order.

C.  The shipment shall be accompanied by an International
Veterinary/Health Certificate (written/transcribed in English) issued by
the authorized government veterinary authority at the country of
origin. This Certificate shall be at the minimum based on OIE format and
shall bear/contain, among others the seal of the issuing agency and the
VQC number where the shipment is based.

D.  The volume (expressed in METRIC SYSTEM) of imported meat
and/or meat products shall not exceed the volume indicated in the
approved VQC. Should the volume of shipment be in excess of the volume
indicated in the VQC, the same shall be confiscated.

E.  The shipment, upon arrival at the BOC and presentation of
the necessary documents including the original (VQC and International
Veterinary/Health Certificate, shall be subject to BAI veterinary
quarantine inspection, evaluation and clearance, prior to the Bureau of
Customs’ (BOC) clearance and release. Should the shipment conforms with
the BAI veterinary quarantine and inspection requirements including
payment of fees, the BAI shall release the goods and shall provide the
NMIC with a copy of the Notice of Release not later than a day of its
issuance.

F.   Upon release of the shipment by the BOC and transfer of the
same to the importers’ cold storage/warehouse/processing plant, the
NMIC shall conduct meat inspection and laboratory analysis to determine
the presence of diseases and whether the level of drug residues, harmful
substances, additives, contaminants, toxins, microbes, among others
conforms with standards/requirements of the Philippines. For this
purpose, the importer shall submit to the NMIC a copy of the VQC,
International Veterinary/Health Certificate, Commercial Invoice, Bill of
Lading and the Packing List.

G.  The importer is prohibited from transferring to other
warehouses/facilities, modifying, using, distributing, or selling the
good/shipment without the benefit of the NMIC inspection and laboratory
analysis and clearance. Any violation of such prohibitions shall render
the shipment illegal and therefore shall be disposed of in accordance
with the provisions of Section VII of this Order.

H.  Once the goods are cleared by the NMIC from its inspection
and laboratory procedures, the NMIC shall then issue a Foreign Meat
Inspection Clearance, provided that the necessary fees are paid.

I.    The shipment cleared by the NMIC shall be subject to
periodic inspection and examination to ensure the consistency of quality
and safety of the product.

Section 6.     Labeling and Packing Requirements

A.        All packing materials and containers must be of food grade quality.

B.        The packaging and label of imported meat and/or meat products must contain but not limited to the following:

1.    Correct and registered trade names or brand name;
2.    General make or active ingredients;
3.    Net quantity of contents, in terms of weight, measure or
numerical count rounded to at least the nearest tenths (expressed in
METRIC SYSTEM);
4.    Country of origin;
5.    Handling and storage instructions;
6.    Product classification;
7.    Marked with “FOR EXPORT TO THE PHILIPPINES”;
8.    Names and address and plant number of the manufacturer and exporter;
9.    Date slaughtered/manufactured and expiry date;
10.  Lot number/production number; and
11.  Language used must be in Pilipino or English.

Section 7.    Disposition

A.        Imported meat and meat products shall be confiscated if one or the following conditions exists:

1.      The goods are imported prior to the issuance of VQC/SPS Import Permit by the DA;

2.      The goods imported do not have a VQC issued by the D A upon arrival;

3.      The goods are not accompanied with International
Veterinary/Health Certificate issued by the authorized government
veterinary authority/officer at the country of origin;

4.      The International Veterinary/Health Certificate
accompanied by the goods does not indicate the VQC number issued by the
Philippines and/or does not comply with Philippines’ requirements;

5.      The goods have been determined to be injurious, unsafe and dangerous to health/life;

6.      The goods are sourced from countries where importation
is banned or from countries with disease outbreaks or contamination;

7.      The goods are sourced from an unaccredited meat plant/facility by the DA; and

8.      The goods are not intended for the Philippines as
evidenced by the absence of the marking “FOR EXPORT TO THE PHILIPPINES”;

9.      The importer refused access to pertinent importation
records/documents and/or refused inspection of the imported products by
the authorized BAI and NMIC inspectors;

10.    The goods are adulterated as defined in Section 1 (I);

11.    The goods are removed, transferred to other warehouse,
altered, used, or distributed/sold by the importer without NMIC meat
inspection clearance;

12.    The volume of imported goods is over and above the volume indicted in the approved VQC;

13.    The goods are of substandard quality as defined in Section 1 (J); and/or

14.    The goods are mislabeled.

B.        Imported meat and/or meat products confiscated in view
of Section VII (A), 1 to 10 above shall be (i) returned to the country
of origin or (ii) re-exported to other country/ies at the
owner’s/importer’s expense in coordination with the BOC. However, upon
application of the importer, the DA, in consultation with the BOC may
permit the (iii) destruction of the product, if within reasonable time
the owner or consignee thereof fails to export the same.

All expenses in connection with the destruction and storage,
cartage or labor with respect to the product, which was refused
admission, shall be paid by the owner/importer. Failure of the owner to
pay the said expenses shall constitute a lien (blacklisting) against any
future importation to be made by the said owner.

C.        Imported meat and/or meat products confiscated in view
of Section VII (A), 11 to 14, and/or any violations of this Order not
compromising the health and safety of humans and animals shall be
subject to BOC’s rules and regulations for disposition of confiscated
products, subject to DA quarantine and inspection system.

Section 8.   Penalty Provisions . Violators of
the provisions of this Order shall be penalized in accordance with
Article 19 (Penalty), Chapter I, Title II, of Republic Act No. 7394
otherwise known as the Consumer Act of the Philippines issued dated 13
April 1992.

Section 9.     Repealing Clause. All existing
rules and regulations, which are inconsistent with this Order are hereby
modified, revoked or repealed accordingly.

Section 10.      Separability Clause . The
provisions of this Order are hereby declared to be separable, and in the
event one or more of such provisions are held unconstitutional, the
validity of the other provisions shall not be affected thereby.

Section 11.     Effectivity . This Order shall
take effect immediately after its publication in two (2) national
newspapers of general circulation. This Order shall be subject to an
annual review as may be necessary.

Adopted: 27 Apr. 2000

(SGD.) EDGARDO J. ANGARA
Secretary

ANNEX A

List of Commodities Covered Under DA Administrative Order No. 16, Series of 2000

(Based on the 1999 Tariff and Customs Code of the Philippines)

Hdg. No.	Description
02.01	Meat of bovine animals, fresh or chilled
02.02	Meat of bovine animals, frozen
02.03	Meat of swine, fresh, chilled or frozen
02.04	Meat of sheep or goats, fresh, chilled or frozen
02.05	Meat of horses, asses, mules or hinnies, fresh, chilled or frozen
02.06	Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen
02.07	Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen
02.08	Other meat and edible meat offal, fresh, chilled or frozen
02.09	Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled or frozen
02.10	Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal
16.01	Sausages and similar products; of meat, meat offal or blood; food preparations based on these products
16.02	Other prepared or preserved meat, meat offal or blood

ANNEX “B”

Requirements for the Issuance of Veterinary
Quarantine Clearance to Import Meat and Meat Products from Accredited
Exporters/Countries

A.        Meat Processors

1.    License to operate a business, DTI or SEC Registration;
2.    NMIC Accreditation of Processing Plants;
3.    Letter of request addressed to the BAI Director (3 copies);
4.    Accomplished Application Form to Import Meat and Meat Products;
5.    Pro-forma Invoice for the supplier (3 copies);
6.    Inspection of warehouse/processing plant;
7.    Layout of processing plant/warehouse; and
8.    Company’s Letter of Authority for its official liaison officer/s with ID picture (permanent and alternate).

B.        Meat Traders

1.    License to operate a business, DTI or SEC Registration;
2.    Mayor’s Permit;
3.    Letter of request address to the BAI Director (3 copies);
4.    Accomplished Application Form to Import Meat and Meat Products;
5.    Pro-forma Invoice for the supplier (3 copies);
6.    Inspection of warehouse/storage facility;
7.    Layout of processing plant/warehouse;
8.    Copy of Lease of Contract of Storage; and
9.    Company’s Letter of Authority for its official liaison officer/s with ID picture (permanent and alternate).

C.        Hotels, Resorts, Restaurants, Supermarkets, Duty-Free Shops and Other Entities Dealing with the Same

1.    License to operate a business, DTI or SEC Registration;
2.    DOT Accreditation (except for supermarkets);
3.    Letter of request addressed to the BAI Director (3 copies);
4.    Accomplished Application Form to Import Meat and Meat Products;
5.    Pro-forma Invoice for the supplier (3 copies);
6.    Inspection of warehouse/storage facility;
7.    Layout of warehouse/storage facility; and
8.    Company’s Letter of Authority for its official liaison officer/s with ID picture (permanent and alternate)
9.    Clark Development Corporation or Subic Metropolitan Authority Accreditation Certificate, as the case maybe.