[ NMIS ADMINISTRATIVE ORDER NO. 21, S. 2010, October 21, 2010 ]
GUIDELINES FOR THE IMPLEMENTATION OF MEAT INSPECTION SERVICE BY THE LOCAL GOVERNMENT UNITS (LGUS)
WHEREAS, the said Act declares that it is the policy of the State to support local government units in their endeavor to be self-reliant and to continue exercising the powers and discharging the duties and functions currently vested upon them;
WHEREAS, Rule 6.5.d.2 of the IRR of RA 9296 provides that the Secretary as the Chairperson of the Board shall issue Administrative Order prescribing regulations, guidelines and/or procedures on the transfer of certain powers and functions of NMIS to PMIS specifically on the Certification of PMIS in its compliance to national standards;
WHEREAS, Chapter 3 of RA 9296 provides for the Local Government Units to regulate the construction, management and operation of slaughterhouses, meat inspection, meat transport and post abattoir control, monitor and evaluate and collect fees and charges in accordance with national policies, procedures, guidelines, rules and regulations and quality and safety standards as promulgated by the Secretary.
NOW THEREFORE, I PROCESO J. ALCALA, Secretary of the Department of Agriculture and Chairperson of the NMIS Meat Inspection Board (MIB), by virtue of the powers vested in me by law, do hereby issue this Order prescribing the Guidelines for the Implementation of Meat Inspection Service by the Local Government Units (LGUs).
Section 1
SCOPE
This Order covers the delineation of functions and shared responsibilities between the Department of Agriculture-National Meat Inspection Service (DA-NMIS) and the LGUs in the regulation of persons, meat establishments, meat and meat products and post-meat establishment control.
Section 2
DEFINITION OF TERMS
The following terms as used in this Order shall mean:
2.1 ACCREDITATION - the power of the National Meat Inspection Service (NMIS) to give authority to (a) any meat establishment engaged in the slaughtering operation, preparation, processing, manufacturing, storing, or canning or meat and meat products for commerce; (b) any importer, exporter, broker, trader or meat handler, (c) any meat vehicle conveyance; (d) any person, firm, corporation as provider of government services such as independent or third party service providers, or independent inspection or audit agencies.
2.2 ACTUAL MEAT INSPECTION - the conduct of ante-mortem and post-mortem inspection and ensures the proper cleaning and disinfection of the meat establishment by the meat inspector. He/she is required to be present during the entire duration of slaughtering operation.
2.3 CITY - a highly urbanized city (HUC) or independent component city (ICC) that shall perform meat inspection functions devolved to provinces. It has a city veterinary office performing meat inspection service known as City Meat Inspection Service (CMIS).
2.4 COMPONENT CITY (CC) - has a city veterinarian but is under the supervision of the provincial veterinarian relative to meat inspection function. It has also meat inspection service known as City Meat Inspection Service (CMIS).
2.5 DELINEATION - division of functions or responsibilities among offices/units according to their respective mandates.
2.6 DEPUTATION - the authority of the NMIS to allow inspectors and meat control officers employed by the local government units to perform the duties of a meat inspector or meat control officer of the NMIS.
2.7 DEVOLUTION - the transfer of power and authority from the National to Local Government Units to enable them to perform specific functions and responsibilities.
2.8 DIRECT SUPERVISION - for LGUs, the authority and responsibility for the delivery of actual meat inspection service where the supervisor is in the premises and is quickly available and includes the accountability for the issuance of relevant inspection certificates. For NMIS, it includes circuit inspection to ensure proper implementation of meat inspection and other safety and quality assurance program.
2.9 JOINT RESPONSIBILITY - mutual or shared allocation of available capabilities, facilities, resources and other forms of support, formalized through a Memorandum of Agreement or Understanding between and among the concerned parties, to pursue a common goal.
2.10 LOCAL MEAT INSPECTION SERVICE (LMIS) - includes Provincial, City or Municipal Meat Inspection Service that is responsible for ensuring the safety and quality of meat and meat products for human food.
2.11 LOCALLY REGISTERED MEAT ESTABLISHMENTS (LRMEs) - slaughterhouses, meat processing plants, poultry dressing plants, meat cutting plants and cold storages that are allowed to operate by the city/municipal government but are not accredited by the NMIS.
2.12 MEAT ESTABLISHMENTS - premises such as slaughterhouse, poultry dressing plant, meat processing plant, cold storage, warehouse and other meat outlets that are approved and registered by NMIS/CMIS/MMIS in which food animals or meat products are slaughtered, prepared, processed, handled, packed or stored with the following classifications relative to product movement:
1 A within the city or municipality where the meat establishment is located
2. AA Intra intra-provincial/city distribution of meat and meat products
3. AA Inter Inter-provincial distribution of meat and meat products
4. AAA domestic and international
2.13 MEAT HYGIENE - all conditions and measures including but not limited to good hygienic slaughtering practices or good manufacturing practices necessary to ensure quality, safety and suitability of meat at all stages of the food chain.
2.14 MEAT INSPECTION - the act by an official inspector to ensure compliance with rules and regulations on but not limited to humane handling of slaughter animals, ante and post mortem inspection, good hygienic slaughtering practices or good manufacturing practices, slaughterhouse facilities, transport vehicles and post-meat establishment control.
2.15 MEAT INSPECTOR (MI) - a professionally qualified and properly trained officer, duly appointed by the NMIS or the local government unit for inspection and control of hygiene under the supervision of a veterinary inspector.
2.16 MEAT DELIVERY VEHICLE - an enclosed conveyance used for the transfer of meat and meat products from one place to another in a hygienic manner.
2.17 MUNICIPAL MEAT INSPECTION SERVICE (MMIS) - has a municipal veterinarian/agriculturist/meat inspector but is under the supervision of the provincial veterinarian relative to meat inspection function. It has also meat inspection service known as Municipal Meat Inspection Service (MMIS).
2.18 NATIONAL MEAT INSPECTION SERVICE (NMIS) - the sole national controlling authority on all matters pertaining to meat and meat product inspection and meat hygiene.
2.19 PRIORITY REPORTABLE ANIMAL DISEASES - all those included under OIE list A and B diseases.
2.20 POST MEAT ESTABLISHMENT CONTROL - the enforcement of regulations governing meat and meat product inspection during transport up to the time of retail sale in the meat outlets.
2.21 SAFE AND WHOLESOME - meat and meat products that has been passed as fit for human consumption using the criteria that it (a) will not cause food borne infection or intoxication when properly handled and prepared with respect to the intended use; (b) does not contain residue in excess of set limits; (c) is free of obvious contamination; (d) is free of defects that are generally recognized as objectionable to consumers; (e) has been produced under adequate hygiene control; and (f) has not been treated with illegal substances as specified in this Act and in other related national legislation.
2.22 SLAUGHTERHOUSE - approved, registered and licensed by the Local Government Units in which food animals are slaughtered, dressed, inspected and hygienically handled in order to produce meat and offal that are safe and wholesome.
2.23 TECHNICAL SUPERVISION - the authority and responsibility vested on the next higher level of government to ensure that meat inspection service is properly delivered by those tasked to perform it.
Section 3
CREATION OF THE LOCAL MEAT INSPECTION SERVICE (LMIS)
The province and the city shall establish the PMIS and CMIS headed by a licensed veterinarian. For the MMIS, it shall be headed by an agriculturist/meat inspector in case the municipality is without a veterinarian, The service shall be primarily responsible to ensure the safety and quality of meat and meat products in their area of jurisdicion.
Section 4
FUNCTIONS AND RESPONSIBILITIES
4.1 JURISDICTION
4.1.1. The NMIS is the sole national controlling authority on all matters pertaining to meat and meat product inspection and meat hygiene. It shall undertake functions of policy formulation and program implementation, supervision and control of meat inspection and meat hygiene in AA Inter , and AAA meat establishments, information dissemination, training and capability building, and regulation of meat products.
4.1.2. The Provincial Meat Inspection Service (PMIS) shall regulate the preparation, transport, marketing, inspection and hygiene of meat and meat products in AA Intra, A and LRMES within the provincial territorial jurisdiction in accordance with the national policies. The Provincial Veterinarian shall head the PMIS and shall exercise direct supervision over meat inspection personnel of the province and technical supervision over meat inspection personnel of component cities and municipalities within the territorial jurisdiction of the province to ensure that they act within the scope of their prescribed powers and functions.
4.1.3. The HUC & ICC shall perform functions devolved to provinces. They shall provide slaughtering facilities and meat inspection services in their respective territorial jurisdiction similar to that in the municipalities.
4.2 POLICY FORMULATION AND ACCESS TO INFORMATION
4.2.1 The NMIS shall formulate the policies and guidelines for approval of the Secretary on all matters pertaining to meat inspection and meat hygiene. Any subsequent change in national policies, guidelines, and standards affecting the delivery of meat inspection service by the LGUs shall be subject to prior consultations with them.
4.2.2 The NMIS shall establish a public access policy to information and information access facility on meat and meat products safety and quality standards; regulations; impositions; programs, projects and activity updates; supply and demand of meat and meat products and all other information not classified as confidential.
4.2.3 The DILG shall continue to provide recommendations and guidance on LGU meat inspection regulations, programs and various activities.
4.2.4 The PMIS shall review and recommend all proposed component city and municipal ordinances on (a) meat inspection and meat hygiene; and (b) imposition of meat inspection fees and charges as their compliance to national regulations. To ensure alignment to national policies and standards, the PMIS shall likewise furnish a copy of the draft provincial, component city or municipal ordinance to the NMIS for further review and recommendation.
4.3 CONSTRUCTION, IMPROVEMENT AND REHABILITATION
4.3.1 The concerned Local Legislative Body, provincial, city or municipal, shall pass resolution relating to (a) the construction, improvement, rehabilitation, and operation of the slaughterhouse; and (b) the granting of franchise, lease, mortgage or sale of the slaughterhouse to the private sector.
4.3.2 The NMIS, when requested, shall render technical assistance to the city/municipal in the construction of the slaughterhouse particularly on the site selection, establishment and equipment design preparation based on the national standard and GHSP or GMP requirements and test runs.
4.3.3 The PMIS in collaboration with NMIS shall monitor the construction, maintenance, improvement, and rehabilitation of the slaughterhouses.
4.3.4 The PMIS shall prepare a Provincial Slaughterhouse Improvement Plan, the objective of which is to upgrade the component city and municipal slaughterhouses in the province to conform to the national standard. During the preparation and implementation of the plan, it may seek the assistance and cooperation of any department, bureau, office, agency or instrumentality of the government or other private entities and organizations in the improvement of the slaughterhouses and the performance of its functions within the province.
4.4 REGISTRATION, LICENSING AND ACCREDITATION
4.4.1 Meat Establishments
4.4.1.1 The Office of the City/Municipal Mayor shall register and issue the business permit to all meat establishments operating in their area of jurisdiction.
4.4.1.2 The PMIS shall maintain a provincial registry of all meat establishments operating in the province, which shall be regularly updated and a copy submitted to the NMIS.
4.4.1.3 The NMIS shall maintain the Registry of LRMEs (NMIS MC No. 10-2010-10).
4.4.2 Meat Delivery Vehicle
4.4.2.1 Only transport vehicles accredited by the CMIS shall be used to deliver meat and meat products within the city; by MMIS, when transporting the same within the municipality; by the PMIS when transporting from one city or municipality to other localities within a province; and, by the NMIS when the destination is outside the province.
4.4.3 Meat Handlers
4.4.3.1 The CMIS/MMIS shall register and issue license to butchers and workers in the slaughterhouse, meat dealers, meat vendors, meat shop/ stall owners and other meat handlers in their respective jurisdiction. It shall submit an annual updated report of licensed butchers and other workers in the slaughterhouse, meat dealers, meat vendors, meat shop/stall owners and other meat handlers and accredited meat delivery vehicles in their locality to the PMIS.
4.4.3.2 The PMIS shall maintain and regularly update the provincial registry of licensed butchers and other workers in the meat establishment, meat dealers, meat vendors, meat shop/stall owners and other meat handlers and accredited meat delivery vehicles in the province. An annual updated report of licensed butchers and other workers in the slaughterhouse, meat dealers, meat vendors, meat shop/stall owners and other meat handlers and accredited meat delivery vehicles in the province shall be submitted to the NMIS
4.4.3.3 The NMIS shall maintain and manage a national registry of butchers and other workers in the meat establishments, meat dealers, meat vendors, meat shop/stall owners and other meat handlers and accredited meat delivery vehicles in the country.
4.4.4 Meat Control Officer and Meat Inspectors
The NMIS shall register and maintain a national registry of all veterinarians/meat control officers and all meat inspectors employed in the national and local meat inspection service. It shall also maintain a national registry of veterinarians/meat control officers and meat inspectors who have satisfied the basic meat inspection training required under the Meat Inspection Code of the Philippines (NMIS MC No. 10-2010-9).
4.5 MEAT ESTABLISHMENT OPERATION
4.5.1 The authority to manage and operate the meat establishment shall remain with the city and municipality
4.5.2 The PMIS shall have the responsibility to monitor and oversee that the city/municipality properly maintains slaughterhouse facilities, equipment and utensils in good operating condition at all times, and that it complies with the meat hygiene and inspection regulations set by the NMIS.
4.5.3 The Provincial Veterinarian shall conduct regular visits and inspection in component cities and municipalities of the province (a) to fully understand the problems and conditions of the meat inspection services thereat, (b) to listen and give appropriate counsel to veterinarians/meat control officers and meat inspectors, and (c) to inform and update the officials in the said areas of the laws and new NMIS policies which specially concerns them to the end that the delivery of the meat inspection service in the locality shall be improved.
4.5.4 The PMIS shall provide technical supervision and ensure that the operation of the AA Intra A meat establishment and LRMEs comply with the requirements of Good Hygienic Slaughtering Practices (GHSP) or Good Manufacturing Practices (GMP); and
4.5.5 The NMIS likewise shall provide direct supervision including circuit inspection and ensure that the operation of AA Inter and AAA , complies with the requirements of Good Manufacturing Practices (GMP) and/or Hazard Analysis Critical Control Point (HACCP) programs.
4.6 MEAT INSPECTION
4.6.1 Meat Inspection regulations shall be issued as ordinances by the provinces, cities or municipalities and shall conform to existing national laws, policies, rules and regulations. Local traditions and cultural practices may be legislated provided they are not contrary to declared public policies.
4.6.2 The responsibility for the delivery of basic meat inspection service particularly the conduct of actual meat inspection belongs to the cities and municipalities.
4.6.3 The PMIS shall (a) ensure that minimum standards are met in the performance of meat inspection and in the operation of the slaughterhouses within the province; (b) enforce humane handling and slaughtering of food animals and, (c) issue Meat and Meat Products Inspection Certificate (MMPIC) and certify that meat and meat products for distribution within their territorial jurisdiction are safe and wholesome.
4.6.4 The NMIS shall prescribe the size, shape and wording of any inspection mark, as well as the color and composition of the marking ink used for branding carcasses which shall be uniform throughout the country.
4.6.5 The NMIS shall have the authority to deputize qualified meat control officers and meat inspectors under the employ of the province, city or municipality to perform meat inspection and assist the NMIS in the implementation of the Meat Inspection Code and other relevant laws in AA Inter and AAA meat establishments.
4.6.6 The city and municipality shall submit to PMIS monthly and special reports on meat establishment operation such as but not limited to the slaughter and condemnation reports, incidence or reportable diseases, etc. The PMIS shall likewise submit consolidated reports to the NMIS.
4.7 MEAT QUALITY ASSURANCE PROGRAM
4.7.1 The NMIS shall have the responsibility and legal power to enforce hygienic requirements necessary to produce meat and meat products that is safe and wholesome in all meat establishments.
4.7.2 The PMIS shall oversee and monitor the GHSP implementation and compliance.
4.7.3 All LRMEs in the component cities and municipalities of the province shall adopt and implement the Good Hygienic Slaughtering Practices (GHSP) to minimize the substantial risk of contamination during slaughtering, dressing, and handling and to ensure the production and distribution of safe and wholesome meat and meat products.
4.8 CAPACITY -BUILDING
4.8.1 All veterinarians/meat control officers and meat inspectors who are duly appointed, designated or deputized by the controlling authority to perform meat inspection shall undergo Basic Meat Inspection Training Course to be conducted by the NMIS.
4.8.2 The NMIS shall update the LGU meat inspection personnel of general laws, rules and regulations and other national government policies, new technologies and current developments in the meat industry in order for them to harmonize with the national development agenda, policies and priorities; and enhance their capabilities in the regulation, risk management and implementation of meat inspection and meat hygiene programs.
4.8.3 The NMIS shall assist in the training of all LGU meat safety trainers on Training Management and Good Hygienic Slaughtering Practices (GHSP).
4.8.4 The PMIS shall conduct the Orientation on GHSP and monitor its implementation in their territorial jurisdiction.
4.8.5 The PMIS shall conduct or organize supplemental, special or advanced trainings on meat inspection, meat hygiene and other related courses to further develop the meat inspection skills of the LGU veterinarians/meat control officers, meat inspectors and other workers in the meat industry within the province. Prior to the conduct of such trainings, a Training Master Plan shall be prepared by the PMIS in coordination with the NMIS.
4.9 LABORATORY SERVICES
4.9.1 The PMIS may establish its own meat inspection laboratory in support of inspection work where the need for such can be justified and where such tests cannot be conveniently sent for examination to official DA Laboratories. In any case, a meat inspection laboratory conducts only simple tests where test results are immediately required to support inspection work.
4.9.2 In the absence thereof, the PMIS may avail of the services from the NMIS central and regional meat laboratories, other government laboratories or government accredited private laboratories. The laboratory tests to be undertaken shall include the following but not limited to water and ice potability test, E. Coli test, test for Salmonella and screening test for selected antibiotic residues to be identified by the NMIS.
4.10 COLLECTION OF FEES/CHARGES AND SHARING SCHEME
4.10.1 The LGUs shall continue to enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises.
4.10.2 The province, city and municipality, through an appropriate revenue ordinance, may impose fees and charges related to but not limited to the (a) use of the stockyard/holding pens: (b) slaughtering/dressing; (c) butchering/ fabricating; (d) ante- and post-mortem inspections; (e) meat delivery services; and (f) registration and licensing of slaughterhouses, meat delivery vehicles, butchers, meat dealers, meat vendors and all other workers in the meat trade within their respective territorial jurisdiction. Revenue sharing among the concerned LGUs shall be governed by a contract or other related agreements.
4.10.3 When necessary, additional inspection of meat and meat products may be conducted by the PMIS/CMIS/MMIS without additional imposition of re-inspection fees except lawful charges for laboratory analyses.
4.10.4 Through an ordinance, the province, city or municipality may establish its own Meat Inspection Service Development Trust Fund (MISDTF) from collected meat inspection fees and charges and administrative fines. The fund shall be used for the (a) improvement/upgrading of the slaughterhouse facilities to conform to the national standards, (b) strengthening of the LGU meat inspection service including payment for legal services, (c) establishment of LGU training and laboratory facilities (d) capability development of the meat inspection personnel, (e) operation of the Task Force Bantay Karne , (g) incentives for slaughterhouses that are performing exceptionally in their compliance to sanitation standards; (f) indemnification of condemned animals; (g) buy back of pregnant animals and other forms of assistance and support to the livestock sector.
Section 5
JOINT RESPONSIBILITIES
5.1 MEAT HYGIENE AND QUALITY ASSURANCE PROGRAM
5.1.1 The NMIS shall evaluate the performance of AAA and AA Inter relative to the implementation of HACCP and GMP.
5.1.2. The PMIS shall evaluate the performance of all meat establishments under their supervision relative to their implementation of GMP or GHSP.
5.1.3. Meat establishments that operate below national standards for hygiene and sanitation thereby posing risk to animal and public health shall be recommended for closure by PMIS to LCE and NMIS to the Secretary of DA.
5.1.4. The NMIS and PMIS shall formulate incentive schemes for LRMEs that are performing exceptionally in their compliance to sanitation standards.
5.2 POST-MEAT ESTABLISHMENT CONTROL
5.2.1The PMIS shall be responsible in ensuring that only meat and meat products that passed meat inspection shall be offered for sale within its territorial jurisdiction.
5.2.2 A Task Force shall be organized and designated by the Local Chief Executive through a Special Order with corresponding logistical support.
5.2.3 The Task Force shall also have the power to (a) confiscate any carcasses or parts, offal and meat products found to have been prepared, handled, packed, stored, transported or offered for sale within the province as human food not in accordance with any provisions of the Meat Inspection Code; (b) impose administrative fines on persons in conflict with the law; and/or (c) issue, after due process, cease and desist order or recommend the closure of LRME to the Local Chief Executive (LRME) of the locality where the establishment is located.
5.2.4 Disputes between parties shall be settled amicably. The NMIS and PMIS shall provide their own mediation and arbitration rules for issues or conflicts not resolved amicably.
5.2.5 Any veterinarian/meat control officer or meat inspector or member of Task Force, who in the performance of his official duties, is charged in court shall be provided with legal assistance by the Department of Agriculture (DA) or the concerned Local Government Unit (LGU).
5.2.6 When it is necessary to confirm, validate and verify information relative to the operation of a meat establishment, an unannounced special inspection shall be undertaken by NMIS and PMIS.
5.3 QUARANTINE AND DISEASE SURVEILLANCE
Control of movement of meat and meat products from priority reportable diseases endemic areas to free zones in the country shall be jointly undertaken by the NMIS and PMIS in coordination with the concerned Regional Field Unit of the Department of Agriculture to prevent the entry and control the spread of animal pests and diseases in the province.
Section 6
REPEALING CLAUSE
The provisions of existing Implementing Rules and Regulations, Memorandum Circulars, and other issuances that are inconsistent with the provisions of this Order are hereby modified, revoked or repealed accordingly.
Section 7
SEPARABILITY CLAUSE
In the event one or more of such provisions are held unconstitutional, the validity of other provisions shall not be affected thereby.
Section 8
EFFECTIVITY
This Administrative Order shall take effect fifteen (15) days after its publication in two (2) newspaper of general circulation.
(SGD.) PROCESO J. ALCALA
Secretary
Department of Agriculture
RECOMMENDED BY:
(SGD) ATTY. JANE C. BACAYO, DVM, MPA
Executive Director
National Meat Inspection Service