[ BAI ADMINISTRATIVE ORDER NO. 7, S. 1995, March 24, 1995 ]
REVISED RULES AND REGULATIONS ON THE CONTROL OF FOOT AND MOUTH DISEASE (FMD)
Whereas, there is a need to strengthen and adjust existing guidelines for the effective control of Foot and Mouth Disease;
NOW, THEREFORE, I, ROBERTO S. SEBASTIAN, Secretary of Agriculture, pursuant to Section 1764 of the Revised Administrative Code and the provisions of Act No. 2172 and Administrative Order No. 9 series of 1993 implementing Republic Act No. 7394, otherwise known as Consumer Act of the Philippines, do hereby order:
SECTION 1. Declaration of Existence of Dangerous Communicable Animal Disease - Foot and Mouth Disease, a dangerous communicable animal disease prevails among the provinces within Regions No. I (except Batanes), II, III, IV (except Palawan), the National Capital Region (NCR), Cordillera Administrative Region (CAR) and the province of Camarines Sur and that there is a danger of spreading such disease by shipping, driving or otherwise, transporting or taking out of the provinces within such regional areas and the province of Camarines Sur into non-affected regions or areas of the country any FMD susceptible animals namely live pigs, cattle, carabao, goat and sheep as well as fresh, frozen or chilled cuts of pork, beef, carabeef, chevon, and mutton sourced locally; uncooked processed meat of same animals; unprocessed milk, sourced locally; unprocessed hides and horns of same animals, as the case maybe; chicken; swine and ruminant dung; any hay, straw, forage, or similar material; and FMD vaccines.
SECTION 2. Prohibition on Movement in Affected Areas - It shall be unlawful for any person, firm or corporation or any railroad company, or employee thereof, or the owner, or master of any aircraft, vessel or boat to ship, drive or otherwise remove the kind of animals and items so specified above, out of any province and into another province within the above described regional areas and the province of Camarines Sur except when accompanied by a certificate issued by authority of the Director of Animal Industry or by Veterinary Quarantine Officers (VQOs) in the different Regional Field Offices of the Department of Agriculture, stating the number and kind of animals/items authorized to be shipped, driven, taken, or transported, and their brands and distinguishing marks. Such certificate shall also state that the animals/items in question have been inspected by a duly authorized agent of the Director of Animal Industry or by VQOs and found free from dangerous communicable animal diseases and shall give the date of such inspection. National Meat Inspection Commission (NMIC) certificate of inspection is required in case of meat and meat products above described, in addition to the certificate of inspection by VQOs.
SECTION 3. Shipment Restrictions in Mindanao - Only direct inter-provincial shipment of locally sourced FMD susceptible animals/items to and from internationally declared FMD Free Areas (Northern Mindanao - Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Oriental, Misamis Occidental and Surigao del Norte; Western Mindanao Zamboanga del Norte, Zamboanga del Sur, Basilan, Tawi-Tawi and Sulu) is allowed except direct (no unloading) shipment of animals of indigenous origin coming from BAI/DA accredited farms in Regions XI and XII to NMIC accredited slaughterhouses and BAI/DA accredited farms in provinces within Region No. X, due to the serious low supply of pigs in the latter area, and such shipment passing through Region X to the Visayas Islands and Luzon; provided that such pigs are sourced from farms without any history of FMD infection for the past five years in conformity with DA Administrative Order No. 08 declaring on a national basis the whole of Mindanao as FMD Free Zone and provided further, that close inspection, disinfection and certification by VQOs are conducted on each particular shipment. Shipment within Regions XI and XII is allowed. No shipment is allowed from Luzon and islands of Visayas to Mindanao.
SECTION 4. Shipment Restriction in the Visayas Islands, Region V, Palawan and Batanes - Shipment within the islands of Visayas, and within Region V (except Camarines Sur) is allowed but not from Region V to the islands of Visayas. Likewise, only direct shipment from the above cited internationally declared FMD Free Areas to Palawan and Batanes, and between Batanes and Palawan is allowed.
SECTION 5. Regular Shipment in Certain Areas - Usual procedure shall apply to shipment from Mindanao, islands of Visayas, Palawan, Batanes and Region V (except Camarines Sur) to FMD affected areas in Luzon. Shipment from internationally declared FMD Free Areas as enumerated in the preceding sections, including Batanes and Palawan to other non-internationally declared FMD Free Areas is allowed.
SECTION 6. Special Certificate of Clearance - In case of livestock farms/establishments handling recurrent daily shipment of FMD susceptible animals and items above described and needing shipment within affected areas so specified above, a single clearance to ship effective for one week may be given by VQOs provided that the farm/establishment (NMIC accredited in case of meat and meat products) employs a licensed veterinarian, who is professionally responsible for certifying to the fitness of the animals/items at the time of shipment, and provided further, that such farms/establishment never had any incidence of FMD for the past five years and provided furthermore that shipment of animals and items must be accompanied by a certificate of FMD free status issued by the licensed veterinarian, and by a NMIC certificate of inspection in case of meat and meat products, and duly presented to VQOs whenever required.
SECTION 7. Notice and Coordination - By authority of the Director of Animal Industry, VQOs shall serve written notice of this Order to the proper officers of railroad, aircraft, vessel or boat or other transportation companies and to the various head of local government units within their areas of jurisdiction. Close coordination with Provincial Veterinarians and law enforcement agencies should be undertaken in the implementation of this order.
SECTION 8. Disposition of Illegal Shipment - Unauthorized shipment of animals, meat and meat products, FMD vaccines and other items shall be disposed of in accordance with the following guidelines:
| a) | Animals - FMD susceptible animals without signs of FMD shall be seized or returned to its origin or source and the person responsible therefor properly charged in court. Animals found to be diseased with FMD shall be immediately condemned and disposed of by burning and burying in a deep pit and the person responsible therefor likewise properly charged in court. No unloading of animals is allowed in case of aircraft or vessels going into FMD Free Areas. |
| b | Meat and meat products - Illegal shipment of meat and meat products within affected areas showing no signs of disease shall be seized and turned over to any NMIC accredited meat establishment for re-inspection as to quality and safety standards and final disposition, and the person responsible therefor properly charged in court. Any of such shipment to FMD Free Areas shall be seized without unloading and returned to its origin or source, subject to re-inspection at the nearest NMIC accredited meat establishment upon arrival at the port of entry and after official turn-over by the VQO concerned. Meat and meat products found to be unfit shall be condemned and disposed of by burning and burying in a deep pit. |
| In instances where there are no NMIC accredited abattoirs available, e.g. in far flung areas, the VQO shall immediately seize, condemn and dispose by burning and burying any meat and meat products found to be in violation of this Order. |
|
| c) | FMD vaccines - Illegal shipment of FMD vaccines shall be seized immediately and turned over to the BAI for inspection and analysis as to quality and safety standard in accordance with Administrative Order 09 series of 1993 implementing guidelines on Consumer Act; and the person responsible therefor properly charged in court. Likewise, shipment of FMD vaccines to Visayas and Mindanao and other FMD free areas is also prohibited. |
| d) | Other items - The rest of the items above-enumerated shall be seized and returned to their origin or source and the person responsible therefor properly charged in court. |
Any cost to be incurred in the disposition of illegal shipment shall be paid/reimbursed by the shipper, trader or any person liable for such violation.
SECTION 9. Administrative Sanction - Any violation of the provisions of this Order shall mean revocation of the trader's livestock and meat handler's license and non-renewal of the same by the BAI in accordance with DA Administrative Order No. 09 series of 1978.
SECTION 10. Criminal Penalty - Violation of this Order by any person, more particularly by any government officer, livestock trader, owner or master of a vessel or boat, or by any officer of a firm or corporation shall be liable to prosecution under Act No. 2172 and upon conviction shall suffer the penalty of a fine of not more than one thousand pesos, or by imprisonment for not more than one year, or by both such fine and imprisonment.
Any violation of the product quality and safety standards of BAI and NMIC shall be prosecuted in accordance with DA Administrative Order No. 09 series of 1993, and the penal provisions of the Consumer Act of the Philippines.
SECTION 11. Repealing Clause - Administrative Order No. 03 series of 1995 is hereby repealed and any provisions or portion of any rules and regulations inconsistent herewith are hereby repealed or amended accordingly.
SECTION 12. Effectivity - This Order shall take effect immediately after publication in a newspaper of general circulation and filing three copies thereof with the UP Law Center.
Adopted: 24 Mar. 1995
(SGD.) ROBERTO S. SEBASTIAN
Secretary
Recommended by:
(SGD.) ROMEO N. ALCASID, DVM
Director