QuestionsQuestions (JOINT DA-NMIS AND DOH-FDA ADMINISTRATIVE ORDER NO. 01, Series of 2009)
The order is anchored on (1) RA 9711, which strengthened and rationalized BFAD/FDA regulatory capacity under DOH, (2) EO 175 (amending RA 3720), (3) RA 9296 (Meat Inspection Code of the Philippines), and (4) its IRR—particularly Rule 5.1 (DA-NMIS as sole national controlling authority for meat inspection/hygiene) and Rule 24.2 (mandating an agreement for shared responsibility and delineation of functions).
DA-NMIS has sole jurisdiction over such establishments for meat products defined under RA 9296 and its IRR.
DOH-FDA has sole jurisdiction over those establishments for products that are processed non-meat products or exempted products containing a relatively small proportion of meat (as defined by the Secretary of Agriculture).
DA-NMIS and DOH-FDA have joint jurisdiction: DA-NMIS focuses on handling, preparation, and production of meat-related components, while DOH-FDA focuses on the non-meat components.
DA-NMIS and DOH-FDA enforce their respective requirements relative to location, design, and construction. For joint jurisdiction cases, the agencies must coordinate closely in approving construction applications.
The agencies must harmonize existing GMP, SSOP, and HACCP programs and jointly level procedures to ensure seamless interfacing in plants under joint jurisdiction.
The agency observing the violation/non-conformance posing imminent danger must notify the other agency.
DA-NMIS sole jurisdiction includes, among others: (1) non-heat treated; (2) heat treated, shelf-stable; (3) chilled and/or frozen meat preparation; and (4) dried meat products.
DA-NMIS has jurisdiction over new meat products from new technology, and DA-NMIS must call on other concerned agencies or entities to ensure safety and quality standards are satisfied prior to registration and trade.
DA-NMIS initiates a review of existing standards in consultation with DOH-FDA, with participation of DA-Bureau of Agriculture and Fisheries Product Standards (BAFPS) and DTI-Bureau of Product Standards (BPS).
Registration follows the delineation of product responsibility. DA-NMIS and DOH-FDA must endeavor to harmonize product registration procedures and requirements with the existing DOH-FDA procedure.
The approving authority follows the delineation over product responsibility. DA-NMIS and DOH-FDA require proper labeling under their respective product responsibilities, consistent with existing laws.
Importation of meat products must conform to DA Administrative Order No. 26 (s. 2005) on importation of meat and meat products into the Philippines, and DA Administrative Order No. 16 (s. 2006) on pre-border measures for export of meat and meat products to the Philippines, plus other relevant rules that may be issued.
Post-approval control such as sampling, testing, recall, confiscation, and disposal must follow the delineation of product responsibility.
Permits for advertising and promotion must be secured in accordance with the delineation of product responsibility (i.e., which agency has responsibility over the relevant product/category).
Consumer complaints are governed by RA 7394 (Consumer Act of the Philippines) and other applicable laws.
Sanctions/penalties are imposed by the agency that has jurisdiction over the establishment and/or product. In joint jurisdiction cases, the agency issuing the order must immediately notify the other agency in writing.
DOH-FDA is requested to process, evaluate, and endorse its final recommendations to DA-NMIS all initial applications for registration of meat products and licenses to operate that were submitted to DOH-FDA before the order took effect. Fees paid accrue to DOH-FDA.
After effectivity, renewal applications for registration of meat products and licenses should be submitted to DA-NMIS. Additionally, the original certificate of product registration or license to operate issued by DOH-FDA must be surrendered to DA-NMIS; otherwise, the renewal application shall be denied outright.