WHEREAS, the Department of Agriculture conducted an inspection and evaluation of animal health status and bovine production system of Brazil for possible accreditation to export live cattle to the Philippines;

WHEREAS, after thorough evaluation, the Department of Agriculture found favorable conditions that merit allowing the importation of live cattle from Brazil.

NOW, THEREFORE, I, ARTHUR C. YAP, Secretary of the Department of Agriculture, by the power vested in me by law, do hereby issue this order granting accreditation to Brazil to export live cattle into the Philippines, subject to the following conditions:

1. The minimum requirements set by the OIE especially in relation to the List A and B diseases present in Brazil on the importation of live cattle shall be followed;

2. Only cattle from FMD-free areas of Brazil will be allowed for importation;

3. Imported cattle shall be allowed only to FMD endemic areas in the Philippines where vaccination is practiced;

4. There will be a separate protocol on the importation of feeder and breeder cattle, imported feeder cattle shall be for slaughter purposes only and shall not be used in any case as a breeder animals; and,

5. There should be a veterinary quarantine officer from the Philippines to undertake a pre-shipment quarantine of at least thirty (30) days and witness the loading of cattle at the port of embarkation to examine any clinical signs of diseases in cattle and other necessary documents for the export of cattle into the Philippines.

All importation of live cattle shall be accompanied by a Veterinary Quarantine Clearance (VQC) to import signed by the Secretary of the Department of Agriculture or his duly authorized representative and have complied with the rules and regulations of the Department of Agriculture.

All orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or amended accordingly.

SECTION II. Scope -

a. Only meat and/or meat products referred to in Annex "A"* as defined in Section I (M) and (N) are covered by this Order.

b. All importations of meat and/or meat products into the Philippines destined to be unloaded into the customs territories for direct consumption, repacking and relabeling/rebranding, processing and manufacturing, marketing and distribution and/or re-export are covered by this Order.

c. Transshipped meat and/or meat products into the Philippines are not covered by this Order.

SECTION III. Application for and Issuance of VQC/SPS Clearance -

a. Prior to the importation of meat and/or meat products from the country of origin, an accredited importer as defined in Section I (B) shall first secure a VQC/SPS Clearance from BAI. This provision shall be subject to review and modification by the DA depending on the compliance performance of importers and FMEs.

b. The accredited importer (applicant) shall:

1. Submit a duly accomplished application form to import (attached as Annex "B"*) indicating and certifying the nature of the import application and a disclosure that the meat and/or meat products are still at the country of origin and have not been boarded yet to a vessel/aircraft;

2. Submit the relevant pro-forma invoice; and

3. Pay the necessary application fee/s to BAI.

c. The application, processing, and receipt of VQC shall only be undertaken by the president/CEO/general manager of the firm or through its authorized representative/s.

d. The BAI in consultation with NMIS as appropriate shall issue VQC upon determination of the following:

1. The absence of relevant diseases, pests, and/or contaminations at the relevant area/region/country of origin in/from which live animals are being domesticated, produced, slaughtered, processed, packed, canned, loaded/boarded, and transported including the route/s of the vessel/aircraft in which imported meat and meat products might be carried;

2. The FME is in ˜good standing' as defined in Section I (l);

3. The accredited importer is in ˜good standing' as defined in Section I (J);

4. The appropriate and specific risk management conditions relevant to the importation of specific meat and/or meat products based on OIE and Codex; and

5. Other factors necessary and pertinent to SPS concerns.

e. Based on above considerations, BAI shall approve/disapprove the application within 5 working days from the receipt of complete application documents. The approved VQC shall contain the BAI seal and the signature of the BAI Director.

f. Upon issuance of VQC, the accredited importer shall immediately provide the exporter with a copy (i.e. electronic copy, facsimile) of the approved VQC, which shall be the basis for health and safety for the issuance of IVC by the NVA at the country of origin.

g. The VQC is valid for 60 days without extension from the date of issuance, within which meat and/or meat products are to be shipped out from the country of origin as indicated in the bill of lading or airway bill. Shipment made beyond the validity period shall render such shipment illegal and therefore shall be confiscated and disposed of in accordance with Section X herein.

h. The VQC is not transferable and therefore shall only be used by the consignee for whom this was issued.

i. Only the president/CEO/general manager of the importing firm and its authorized representatives are allowed to receive the approved VQC provided in Section III (C).

j. The One Shipment/BILL OF LADING - Per VQC Policy as defined in Section I (R) shall be strictly adhered to in the conduct of importation, such that a VQC can only be used relative to the shipment described therein. Any shipment made in violation of this provision shall render the same unlawful and subject the shipment to the disposition prescribed under Section X; furthermore the importation shall be deemed a violation of the herein Administrative Order subject to the Penalty Provisions as contained in Section XI hereunder.

k. No VQC shall be issued after the shipment has left the port of origin and any misrepresentation of such fact shall render the VQC invalid and the importation illegal and subject to Section X hereof.

SECTION IV. Personal and Non-Commercial Importation - Importation of fresh, frozen and uncooked meat products for personal and non-commercial consumption shall not be allowed unless covered by a valid VQC and IVC.

SECTION V. General Requirements and Conditions -

a. Only FMEs as defined in Section I (H and I) recognized by the National Veterinary Administration of the exporting country are allowed to export into the Philippines. Recognition extended by the local, provincial, and/or regional veterinary administration/authorities at the country of origin is not recognized by DA.

b. Only accredited importers as defined in Section I (B) are allowed to file an application for VQC for the importation of meat and meat products and to import from FMEs.

c. The accredited importer shall ensure that its exporter at the country of origin has received a copy (i.e. electronic copy, facsimile) of the approved VQC/SPS Clearance prior to the shipment/boarding of meat and/or meat products to the Philippines.

d. The accredited importer shall ensure that the date of shipment of goods (as reflected in the Bill of Lading/Airway Bill) is not earlier than the date of the issuance of VQC.

e. The seal of the container of imported meat and/or meat products must be maintained throughout the chain of importation. The fact that an imported meat or meat product is transshipped or made to pass through other ports other than original port of origin before arriving in the Philippines shall not validate the VQC and IVC, unless the original seal has been broken.

SECTION VI. Additional Measure, Temporary Import Ban and Resumption of Trade -

A. During emergency cases/situations, DA shall exercise its authority and powers under existing laws in the 'timely' imposition of a temporary import ban on the importation of relevant meat and/or meat products from relevant areas/regions/countries to ensure human and animal health/life are secured and protected. In the promulgation of an import ban, DA shall:

1. Suspend the issuance of VQC for relevant applications;
2. Cancel/revoke all relevant VQCs issued;
3. Suspend all relevant shipments; and
4. Confiscate all relevant shipments and dispose these shipments in accordance with Section X;

B. Emergency cases/situations include the following:

1. Outbreak of any relevant OIE notifiable disease;
2. Danger/occurrence of contamination (e.g., dioxin contamination); and/or
3. Other cases important to public health and safety as determined by DA.

C. In the imposition of any import ban, DA shall consider the following:

1. The recommendations of OIE, World Health Organization (WHO), and/or Codex;
2. The risk management and communication measures undertaken by the exporting government are not sufficient as may be determined through readily available information;
3. The importance as to the presence in the source country or part of the country of the relevant diseases, contaminations and/or other cases important to public health and safety;
4. The results of any risk assessment undertaken by DA based on readily available information; and/or
5. Other circumstances which warrant the imposition of a ban.

D. The temporary import ban shall be lifted based on the following consideration;

1. The recommendations of OIE, World Health Organization, and/or Codex;
2. The risk management and communication measures undertaken by the exporting government are already sufficient;
3. The results of any risk assessment undertaken by DA based on readily available information; and
4. Other considerations that warrant the resumption of importation.

E. In cases of emergency situations referred to in Section VI (B) which do not necessarily require immediate banning of meat and/or meat products, DA may institute extra/additional measure/s apart from the regular measures, standards and requirements necessary to ensure the safety and wholesomeness of any meat and/or meat products that may be imported from the relevant area/region/country where such emergency cases occur.

SECTION VII. Packing and Labeling Requirements - The accredited importer shall ensure that the shipment shall comply with the following packing and labeling requirements:

A. The packing materials and containers in direct contact with the meat and/or meat products must be of food grade quality based on the standards set by Codex or equivalent standards as may be determined by DA.

B. All wood packaging materials of imported meat/meat products shall be treated in accordance with the International Standards on Phytosanitary Measures No. 15 (ISPM No. 15).

C. All food additives/preservatives shall be declared in the label as appropriate/applicable.

D. The packaging must meet the minimum labeling requirement as follows:

1. Registered trade name of the exporter or brand name of the product;
2. Business name and address of the exporter;
3. Country of origin;
4. Lot identification;
5. Product description and list of ingredients;
6. Net quantity of contents, in terms of weight, measure of numerical count rounded to the nearest tenths (expressed in METRIC SYSTEM);
7. Date of manufacture and packaging;
8. Date of minimum durability ("best before") or expiration date; and
9. Handling and storage instructions

E. The label on each box/packaging of the imported meat and/or meat products must be written in English or Filipino and each character of the text should not be less than 2.5 mm (for pre-printed or stamped) and 5 mm (for stenciled or hand painted).

SECTION VIII. Border Control Inspection and Clearance and Release Procedures -

A. Border control shall be conducted strictly for all shipment of meat and/or meat products. To ensure timely initiation and completion of veterinary and meat inspection and clearance, the importer/consignee or his/her authorized representative shall submit to the Veterinary Quarantine Officer (VQO) all the required documents pertinent to the shipment as prescribed in Section VIII (C.1).

B. Upon arrival of any shipment of meat and/or meat products at the port of entry as defined in Section I (S), this shall be subjected to documentary verification and evaluation, veterinary inspection by DA. Only upon completion of these mandatory activities and clearances shall the BOC release the shipment.

C. At the port of entry, the VQO shall:

1. Verify and evaluate the authenticity, validity and accuracy of VQC (original), IVC (original), Bill of Lading/Airway Bill and Packing List submitted by the importer/consignee;
2. Subject the shipment to veterinary quarantine inspection and further documentation;
3. Reseal the container van/s carrying the meat and/or meat products;
4. Issue and sign the Veterinary Quarantine and Meat Inspection and Laboratory Certificate (VQMILC) (attached as Annex "C"*) and stamp "INSPECTED AND PASSED FOR TRANSFER TO NMIS ACCREDITED COLD STORAGE" on the authentic copy of the BOC Import documents/entries;
5. Issue official receipt for the payment of necessary DA inspection fees; and
6. Endorse the original VQMILC and the shipment to NMIS for meat inspection and/or laboratory analysis, as required.

D. Upon transfer of the shipment to any DA-accredited cold storage facility/warehouse/port of inspection, NMIS shall:

1. Immediately designate and dispatch an NMIS Inspector and conduct meat inspection within 24 hours;

2. Check and verify the integrity of the VQMILC and BAI seal.

3. Complete the inspection and/or laboratory analysis within:

                                                                               

Duration	Supplier/Product/Situation
1. one(1)-day (inspection)	- FME in "Good Standing" as defined in Section I (l)
2. five (5)-day (inspection and laboratory analysis)	- New Product Supplier (NPS) as defined in Section I (P);
	- When an FME is delisted as an FME in "Good Standing" by DA; or
	- When there are any of the emergency referred to in Section VI (B)
	herein at the source or port/s of transshipment/routes of the shipment.

4. Sign the VQMILC that was endorsed by BAI VQO if the NMIS inspection and/or laboratory test results are satisfactory; and

5. Give the completed VQMILC (original) to the BOC (copy furnished BAI and the importer), which shall then be the basis of the BOC for the final liquidation of the importation documents. The final liquidation of the importation documents does not preclude the importer from utilizing the shipment.

SECTION IX. Post-Border Sanitary Conditions - All imported meat and/or meat products shall be subject to further relevant DA meat and meat products safety rules and regulations to ensure the consistency of quality and safety of the products and their traceability pursuant to Republic Act 9296, otherwise known as the Meat Inspection Code of the Philippines.

SECTION X. Confiscation and Disposition -

A.. Imported meat and/or meat products without VQC shall be refused admission or entry (i.e. while still in the vessel prior to unloading) and exported. If for any reason whatsoever these products were able to gain entry into the customs territory, the same shall be seized and destroyed at the expense of the importer to protect public health and the local animal population.

B. Imported meat and/or meat products shall be confiscated when any of the violations below is committed, as any of these violations is deemed as compromising the integrity of the country's Risk Management Measures/Policy (RMP) as defined in Section I (U) and/or directly posing serious health and safety risks.

B.1 At the port of entry, the BOC upon the recommendation of the quarantine officer, shall confiscate the imported products if:

a. The seat of the container of the shipment has been broken.
b. The shipment lacks a valid VQC.
c. The shipment has no IVC issued by NVA at the country of origin.
d. The volume/quantity of goods imported exceeds the volume indicated in the approved VQC and IVC by more than three (3%) per item; provided, that only the volume/quantity which exceeds the allowable limit shall be confiscated.
e. The shipment is not sourced from an accredited FME.
f. The animals slaughtered are not from DA approved area, region, or country.
g. False claims, misrepresentation, and misbranding as may be evidenced by mislabeling of meat and meat products.
h. The meat and/meat products have arrived beyond the "date of minimum durability"/expiration date.
i. The shipment has been labeled not in conformity with Section VII (c) (1 to 9) or absence of any of these labeling requirements;
j. The shipment is found to be infected by any OIE lists A and/or B disease.
k. Other deliberate violations of the provisions of this Order including refusal of the consignee/importer to access/secure pertinent documents relevant to the shipment.

B.2 At the cold storage/warehouse/port of inspection, the BOC upon the recommendation of the NMIS inspector, shall confiscate the imported products if:

a. The BAI seal is broken/removed not by the NMIS inspector.
b. Part of, or the entire shipment is utilized, processed, marketed and/or distributed without VQMILC.
c. The shipment is found to be carrying any disease-causing organism.
d. The shipment contains any toxic or deleterious substance which may render it injurious to health.
e. The shipment contain any added toxic or deleterious substance other than allowed (a) food additives, and (b) color additives (c) contaminants at levels beyond the prescribed/established tolerance.
f. The shipment consists, in whole or part, of any filthy, putrid, rotten, decomposed substance or foreign matter, or otherwise unfit for human consumption.
g. The container or packaging materials in direct contact with the meat and/or meat products are found to be composed of, in whole or part, of any poisonous or deleterious substance, which render the contents injurious to health.
h. Other violations that pose risks to human and animal health/life.
i. Other deliberate violations of the provisions of this Order including refusal of the consignee/importer to access/secure pertinent documents relevant to the shipment.

C. Shipment in violation of Section X (B.1) shall be confiscated and destroyed jointly by BOC and DA.

D. The importer/consignee shall bear the expenses to be incurred in the confiscation and disposition of the shipment in view of Section X (A and B). These expenses include but are not limited to the destruction, storage, and labor.

E. Violations committed at the country of origin by FMEs shall be used as a basis for possible cancellation of their accreditation.

SECTION XI. Seizure and Modification -

A. Imported meat and/or meat products shall be seized and held in abeyance at the port of entry under the supervision of DA or at any DA accredited cold storage facility where the shipment of meat and/or meat products is inappropriately labeled based on the requirements in Section VII (C) (1 to 9). Provided that such violation does not constitute misrepresentation, misbranding, false claims and other deliberate acts. Otherwise, such shipment shall be confiscated and disposed of in accordance with Section X.

B. The release and utilization of such shipment are dependent on the consignee's compliance to further measures on modification that shall be required by DA, provided, however, that such shipment held in abeyance does not violate any of the provisions in Section X (B). Otherwise, such shipment shall be confiscated and disposed of accordingly.

SECTION XII. Penalty Provisions -

A. Non-compliance with Sections III (A to I), Sections VII (A to D), and shipments in contravention of Section III (K), is deemed violations of this Administrative Order, with the responsible shipper/consignor/importer subject to the application of these penalty provisions.

B. Violators of the provisions of this Order shall be penalized under Article 19 (Penalty), Chapter I, Title II, of Republic Act No. 7394 otherwise known as the Consumer Act of the Philippines issued 13 April 1992 and/or in cases of fraudulent/unlawful importation, under Section 3601 of the Tariff and Customs Code.

C. Public officials/employees who shall directly or indirectly participate in the commission of an offense or any act resulting in the violation of the provision(s) of this Administrative Order, specifically, but not limited to violation of Sections III (D, E and I) and Sections VIII (B,C and D) shall be held administratively and/or criminally liable under the Anti-graft Law, Civil Service Law, Rules and Regulations and the Code of Conduct and Ethical Standards for Public Officials and Employees.

SECTION XIII. Repealing Clause -

A. All existing rules and regulations, which are inconsistent with this Order, are hereby modified, revoked and repealed accordingly.

B. This Order repeals AO 16 (April 2000), AO 39 (October 2000), AO 56 (December 2000) which provide the rules, regulations, guidelines and standards governing the importation of meat and meat products into the Philippines.

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

SECTION XV. Transitory Provisions -

A. All in-transit shipments of meat and/or meat products which are shipped out from the country of origin prior to the effectivity of this Order shall be subjected to the provisions of AO 39 and AO 56.

B. All existing importers and exporters shall be subject to review and assessment of their accreditation status. For this purpose, DA shall be issuing supplementary guidelines, rules and regulations on the accreditation of both the importer and exporters.

This Order shall take effect 15 days after publication in two (2) newspapers of national circulation.

Adopted: 31 Aug. 2005.

(SGD.) DOMINGO F. PANGANIBAN
Secretary

Recommending Approval:

(SGD.) Dr. MINDA S. MANANTAN
OIC, Office of the Executive Director
National Meat Inspection Service

(SGD.) DAVINIO P. CATBAGAN
OIC, Office of the Director
Bureau of Animal Industry