[ MEMORANDUM CIRCULAR NO. 03, S. 2018, April 18, 2018 ]

GUIDELINES ON THE EXPORT OF LIVE ANIMALS, ANIMAL PRODUCTS AND BY-PRODUCTS FROM THE PHILIPPINES



Adopted: 13 March 2018
Date Filed: 18 April 2018


WHEREAS, the strengthening of our country's exportation and veterinary certification procedures is critical amidst enhanced world trade liberalization and global competitiveness;

WHEREAS, the  Philippines is  a  member of  the  World  Organization for Animal Health or Office International des Epizooties (OIE) which has set guidelines on trade measures, exportation and veterinary certification procedures under Section 5 of the Terrestrial Animal Health Code issued in accordance with the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures;

WHEREAS, the Department of Agriculture (DA) Bureau of Animal Industry - National Veterinary Quarantine Services Division (BAI-NVQSD) is mandated to set up a quarantine inspection system relative to international movement of animals together with their documentation and issuance of permit and commodity clearance pursuant to Republic Act No. 8435 (Agriculture and Fisheries Modernization Act), Section 5, Act No. 3639 and Section 26, Executive Order No. 338, Series of 2001, in order to prevent the entry of exotic diseases and the spread of endemic diseases in the importing country;

NOW THEREFORE, I, EMMANUEL F. PI OL, Secretary of the Department of Agriculture (DA), in accordance with the powers vested in me by law, do hereby issue this Memorandum Circular governing the exportation of live animals from the Philippines for the information, guidance and compliance of all concerned.

SECTION 1. DEFINITION OF TERMS:

1.1    ACCREDITATION  -  refers  to  the  process  of  officially  recognizing  an applicant individual or company whose local farm/animal facility/ establishment has been subjected to evaluation, validation and on-site requirements of the importing country. Upon recommendation of the BAl and approval by the DA Secretary or his authorized representative, the applicant becomes an  Accredited Exporter and  a  Certificate of Farm/Animal Facility/Plant Establishment (whichever is applicable) Accreditation is issued accordingly.

1.2 INTERNATIONAL VETERINARY CERTIFICATE (IVC) - otherwise called Veterinary Health Certificate (VHC) refers to the document issued by the BAI-NVQSD which specifies that the animals, animal products and by- products or animal effects intended for international transport are free from any communicable animal diseases or are not carriers thereof.

1.3   SANITARY AND PHYTOSANlTARY (SPS) MEASURES - defined as measures applied (a) to protect human or animal life from risks arising from additives, contaminants, toxins, or disease-causing organisms in their food; (b) to protect human life from plant-or-animal carried diseases; (c) to protect animal or plant life from pests, diseases, or disease-causing organisms; and (d) to prevent or limit other damage to a country from the entry, establishment or spread of pests. This also includes SPS measures taken to protect the health of fish and wild fauna, as well as of forests and wild flora.
SECTION 2. SCOPE AND LIMITATIONS

This Circular shall apply to an individual or company that intends to export live animals, animal products and by-products from the Philippines.

SECTION 3. GENERAL INFORMATION AND REQUIREMENTS
3.1    Depending  upon  the  import  regulations  of  destination  country,  the Philippines as a country may be required by the importing country to undergo accreditation as an exporter prior to approval of export. The BAI shall make a formal request for accreditation and complete the documentation/import risk analysis requirements of the importing country.
3.2    The exporting Farm/Animal Facility/Establishment must be an accredited exporter by the DA-BAI.
3.3    The  accreditation  of  the  applicant  individual  or  company  shall  only commence after an evaluation or inspection mission have been carried out by the competent authority of importing country and its animal health requirements have been communicated to the BAI-NVQSD.
3.4    All exports shall be accompanied by a Veterinary Quarantine Clearance (VQC)/Veterinary Health Certificate (VHC)/International Veterinary Certificate (IVC)/Commodity Clearance Certificate (CCC) or other export clearance issued and signed by the BAI.
3.5    In the event that a disease outbreak occurred in the country, DA-BAI may apply temporary protective/preventive measures such as suspension of export from any part of the country.
3.6    At the port of departure prior to exportation, the animals, animal products and by-products and/or the accompanying certificates shall be verified and checked by BAI-NVQSD personnel. Further checks on the animals, animal products and by-products will also be carried out particularly the general conditions of the live animals, prior to clearance or loading.
SECTION  4.  SPECIFIC  REQUIREMENTS  AND  PROCEDURES  FOR  BAI ACCREDITATION AS AN EXPORTER
4.1    Interested applicant may submit a letter of intent addressed to the BAI Director to export live animals, animal products or by-products to a particular  country.  In  addition,  the  following  requirements  shall  be submitted together with the letter:
* Mayor ™s Business Permit: Certified True Copy or presentation of Original
Copy
* DTI or SEC Registration: Certified True Copy or presentation of Original
Copy
* BIR-TIN Registration: Certified True Copy or presentation of Original
Copy
* Process Flow for storage of commodity/product
* Letter of Authority for the company's representative
* Notarized lease of contract or proof of ownership of warehouse and cold storage facility
* FDA (License to Operate and Certificate of Product Registration) - If processed food products of animal origin
* Duly accomplished Application Form
4.2    Upon receipt of the Letter and aforementioned requirements, the BAI- NVQSD  shall  conduct  documentary  evaluation  of  the  submitted documents.

4.3    The BAI inspection team will conduct on site verification and inspection of applicant's facility or establishment to assess compliance to the standard requirements of the importing country. For the export of animal products/ by-products, the team will visit office/ warehouse/ cold storage to validate the process flow for storage ™ of commodity/product. For the export of particular animal/s or animal health verification of animal products/by- products source animals, the team will visit farm/quarantine site and conduct facility inspection and collection of laboratory samples.

The  applicant  will  be  given  considerable  time  to  comply  with  the requirements, as necessary.

4.4    The BAl-Inspection Team will prepare a report and submit necessary recommendations to NVQSD Chief for evaluation.

4.5    Evaluation result with findings for further compliance shall be given a chance to comply at the client ™s preference. Processing of certificate shall proceed only upon compliance with the inspection recommendation.
4.6    The NVQSD Chief will endorse the BAI Certificate of Accreditation as
Exporter to the Director for his approval.

4.7    The BAI Certificate of Accreditation as Exporter is valid for Two (2) years from its issuance.
SECTION   5.   SPECIFIC   GUIDELINES   FOR   EXPORT   OF   PRODUCTS REQUIRING ACCREDITATION FROM IMPORTING COUNTRY
5.1 The NVQSD shall assess and consider the specific trade or animal health requirements of the importing country so as to conform the guidelines or checklist for the export verification of the farm/animal facility/establishment and other health requirements to the importing country standards.

5.2    The  BAl  will  coordinate with  the  competent authority of  the  importing country to signify its intention to export a particular commodity. The importing country may respond with a request for the submission of accomplished  questionnaire  together  with  applicable  supporting documents to substantiate statements therein.

5.3    The BAI will prepare, complete and submit the documentary requirements of the importing country. Risk assessment will be carried out by the competent  authority  of  the  importing  country  and  it  may  entail  an inspection audit and on-site inspection mission.
5.4    The DA - BAI shall coordinate with the importing country on the tentative schedule of inspection and other pertinent arrangements on logistics and validation activities.
5.5    The on-site verification and inspection of facilities/establishments of the applicant and other identified areas of interest of the competent authority of the importing country shall be facilitated by BAI-NVQSD.
5.6   Upon compliance with all the requirements, and positive results of verifications and inspections conducted by the NVQSD, a Certificate of Farm/Animal Facility/Plant Accreditation will be prepared and endorsed to the BAl Director for approval.
5.7    The export of a particular commodity can commence once the country gained accreditation status as exporter of the importing country.
5.8    The BAI is responsible to keep the lists of accredited exporters up to date and to inform the importing country of any changes. Further, BAI may be required by competent authority of the importing country to submit a copy of annual animal health status report.
SECTION   6.   PROCEDURE   FOR   THE   ISSUANCE   OF   BAI   EXPORT CERTIFICATE/S
6.1    BAI  accredited  exporter  who  intends  to  export  live  animals,  animal products or by-products from BAI accredited animal facility/establishment may submit a letter of request to the BAI DIRECTOR to apply for an International Veterinary Certificate (IVC) or Export Veterinary Quarantine Clearance (VQC) for live animals/uncooked frozen meat, Veterinary Health Certificate (VHC) for cooked meat products or Commodity Clearance Certificate (CCC) for animal by-products.

6.2    The applicant will accomplish the NVQSD Export Clearance Application form (Required entries as shown below) and submit together with other required documents.

6.2.1  Live Animals:
*  Species
*  Brand Name/Strain
*  Number /weight
*  Packaging
*  Farm of Origin
*  Main Office address
*  Name of Exporter

*  Name and Address of Consignee
*  H.S. Code Number
*  Means of Transport
*  Date of Export
*  Species, sex, age and number of animals
*  Country of Destination (Farm/Hatchery/Facility address)
*  Source farm
Other Requirements:
*  Laboratory Test results (as required by importing country)
*  CITES for exotic animals from DENR
*  Certificate of BAI Accreditation as Exporter
*  Farm   Inspection   Certificate   issued   by   Regional   Veterinary
Quarantine Officer
*  SPS Importation Clearance issued by the importing country
6.2.2  Animal Products (Unprocessed Frozen Meat):
*  Name and Address of Consignor
*  Name and Address of Consignee
*  Description of Goods
*  Declared Weight
*  Place of Origin
*  Number and Type of Packages
*  Container Number
*  Seal Number
*  Name,   Address   and   Approval   Number   of   NMIS-Approved establishment
*  Establishment Number
*  Place of Dispatch
*  Country and Place of Destination
*  Means of Conveyance
*  Date of Dispatch
*  Date of Slaughter/Manufacture
*  Date of Inspection
Other requirements
*  Official Meat Inspection Certificate from NMIS
*  Results of Laboratory Examination
6.2.3  Animal Products (Cooked Processed Meat)
*  Name and Address of Consignor
*  Name and Address of Consignee
*  Description of Goods
*  Declared Weight
*  Place of Origin
*  Number, Type and Marking of Packages
*  Container Number
*  Seal Number
*  Name, Address of Approved Processing Plant
*  Plant Accreditation Number
*  Place of Dispatch
*  Country and Place of Destination
*  Means of Conveyance
*  Date of Dispatch
*  Control Number of Foreign Meat Inspection Certificate/VHC of raw materials
Other requirements
*  Certificate of Product Registration from FDA
*  License to Operate from FDA
*  Process Flow
6.2.4  Animal By-products
*  Name, Address and Contact Details of Exporter
*  Name and Address of Consignee
*  Description of Goods
*  Quantity (No. of Container and Total Net Weight)
*  H.S. Code number
*  Means of Transport
*  Date of Export
*  Port of Shipment
6.3    The BAl - NVQSD shall review and correlate the submitted documents to the checklist. The standard language for the purpose of this application shall be in English.
6.4    The BAl - NVQSD staff will prepare the Export Certificate and will be reviewed, signed and approved by the Veterinarian on duty.
6.5    The BAl Records Unit will affix dry seal and release the certificate to the exporter/authorized representative.
6.6    In the port of exit, quarantine documentation and inspection clearance shall be carried out by the BAl - Veterinary Quarantine Officer/Veterinary Quarantine Inspector. Original copies of Export Permit/IVC shall be reviewed and final inspection of live animals, animal products or by- products shall be conducted prior to its endorsement for clearance and processing of Bureau of Customs.
SECTION 7. SUSPENSION AND/OR CANCELLATION OF ACCREDITATION OR ISSUED EXPORT CERTIFICATE/S

The  accreditation  or  issued  export  certificate/s  shall  be  suspended  and/or cancelled by DA-BAI if:
7.1    The accredited exporter violates relevant provisions of Philippine laws and
DA issuances that pose risk to human and animal health.
7.2    The accredited animal facility/plant establishment of the exporter fails to meet audit requirements.
7.3    Occurrence of zoonotic and important notifiable diseases in the country that may pose risk to human and animal health in the importing country.
7.4    Repeated rejection of consignments upon arrival due to evidence of animal health issues and/or dereliction of duties in the inspection/control system of the importing country.
7.5    Failure or lack of interest of exporter to comply with the requirements.
SECTION 8. REPEALING CLAUSE

This Memorandum Circular shall take effect immediately and shall remain in force until revoked in writing. All Rules and regulations and other issuances which are inconsistent with the provisions of this Memorandum Circular are hereby repealed or amended accordingly.

This Circular shall take effect after fifteen (15) days from the date of publication in a newspaper of general circulation and filing of three (3) certified copies thereof with the National Administrative Register at the UP Law Center.

Approved this 10th day of April 2018 in Quezon City, Philippines.

RECOMMENDING APPROVAL:

(SGD) RONNIE D. DOMINGO, DVM, MSc.
Officer-in-Charge, Director -BAI
(SGD) ENRICO P. GARZON, JR., DVM
Assistant Secretary for Livestock


APPROVED:

(SGD) EMMANUEL F. PI OL
Secretary