This Order establishing the safety and quality control standard for paralytic shellfish poison (PSP) is hereby issued pursuant to Section 67 of RA 8550 (Fisheries Code) and RA 7394 (Consumer ™s Act) for guidance of all concerned.

SECTION 1. Definition - The terms as used herein shall be construed as follows:

a. Paralytic  shellfish poison - A water soluble, heat and acid resistant marine toxin produced by dinoflagellates (Pyrodinium bahamense var. compressum, Gymnodinium catenatum and some Alexandrium species) causing symptoms characterized by nausea, vomiting, diarrhea, tingling sensation in the lips and extremeties, numbness and in severe cases, death.
b. Saxitoxin - A neurotoxin found in Pyrodinium bahamense var. compressum, Gymnodinium catenatum and some Alexandrium species acting on the nervous system by blocking sodium channels.
c. Shellfish Advisory - An official statement declaring certain water area to be positive for toxic red tide rendering shellfish therein unfit for human consumption or to be toxin free.
d. Shellfish Bulletin - An official statement issued regularly declaring specific water areas of the country to be either toxin free or positive for toxic red tide.

SECTION 2. Regulatory Limit - A regulatory limit of 60 ug STX equivalent/100g shellfish meat is hereby established for both domestic and foreign markets. Toxicity levels in shellfish of 60 ug/STX equivalent /100g or above is considered positive for PSP.

SECTION 3. Procedure - The following procedure shall apply in the monitoring of paralytic shellfish poison:

a. The Marine Biotoxin Section of the Fisheries Resources Management Division shall conduct regular surveys of major shellfish areas and closely monitor other areas with history of paralytic shellfish poison and Pyrodinium bahamense var. compressum and to serve as repository of monitoring data.
b. The Fisheries Regional Offices (FRO) through their laboratories shall take the lead in monitoring activities in their areas of jurisdiction.
c. Survey of Manila Bay shall be conducted twice a week. Sampling frequency for critical areas shall be done three (3) times a week during the transition of seasons.
d. The survey at other areas with previous history of PSP shall be done at least once a month when free from PSP toxin but weekly when area is positive for PSP.
e. Shellfish samples shall be analyzed for toxin content and water samples for determination of presence of PSP causative organisms.

SECTION 4. Issuance of shellfish bulletins and advisories -

a. Criteria for issuing advisories

1. Advisory that shellfish from a particular area as supported by monitoring data is positive for PSP shall be issued if the toxin content in shellfish is 60 ug STX equivalent/100g or above.

2. Advisory that shellfish from an area previously positive contaminated is free from PSP as supported by monitoring data shall be issued if analysis results of < 60ug STX equivalent/100g shellfish meat is obtained for all sampling stations for three (3) consecutive weeks.

b. Shellfish bulletins and advisories shall be released according to the following procedure:

1. The Marine Biotoxin Section shall review the data from its own monitoring activities and those submitted by satellite laboratories of the Fisheries Regional Offices (FRO) and Local Government Units (LGU).

2. The data gathered shall determine which coastal areas are either positive or negative of PSP and shall be the basis for shellfish bulletin.

3. Shellfish bulletins shall be issued every two weeks and whenever shellfish advisories are issued.

4. The Marine Biotoxin Section shall draft the bulletin and advisory based on monitoring data collected in accordance with Annexes 1^* and 2^* .

5. The FRMD Chief shall review the shellfish bulletins and advisories before submission to the BFAR Director

6. The Marine Biotoxin Section shall immediately fax the signed shellfish bulletins and advisories to the Fisheries Regional Offices (FRO), Local Government Units (LGU), print and broadcast media, Philippine Information Agency (PIA) and the Department of Health (DOH).

7. The FROs and LGUs shall be responsible in disseminating the information received in their jurisdictional area.

SECTION 5. Prohibition -    It shall be unlawful for any person, natural or judicial, to offer for sale and distribute in commerce shellfish that are beyond the safety limit established under Section 2 of this Order. Violation of which shall be punishable under Article 19 of RA 7394 which states that violators upon conviction shall be subject to fine of not less than one thousand pesos (P1,000.00) but not more than ten thousand pesos (P10,000.00) or imprisonment of not less than two (2) months but not more than one (1) year or both upon the discretion of the court.

SECTION 6. 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 and registration with the National Administrative Register.

Adopted: 28 April 2010

(SGD.) ATTY. BERNIE G. FONDEVILLA
Secretary

Recommended by:

(SGD.) MALCOLM I. SARMIENTO, JR.
Director
Bureau of Fisheries and Aquatic Resources

(SGD.) SALVADOR S. SALACUP
OIC, Undersecretary Fisheries and Livestock
Chairman, NFARMC

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^* Text Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City