Title
Rules on Importation of Fishery Products
Law
Bfar Administrative Order No. 195, S. 1999
Decision Date
Sep 20, 1999
The Philippine law, Fisheries Administrative Order No. 195-99, regulates the importation of fresh/chilled/frozen fish and fishery/aquatic products, requiring certification for food security purposes and adherence to sanitary and phytosanitary requirements, with penalties for violations.
A

Q&A (BFAR ADMINISTRATIVE ORDER NO. 195, S. 1999)

An Accredited Importer (AI) refers to an institutional buyer, individual, or entity directly engaged in fishing and aquaculture and given the privilege by the BFAR to import fresh/chilled/frozen fish and/or fishery/aquatic products.

Importation is allowed when certified as necessary by the Secretary of Agriculture to achieve food security, considering public welfare and safety, in consultation with the NFARMC. However, fish for canning, processing purposes, and importation by institutional buyers do not require such certification, provided all importations comply with the Permit to Import and Sanitary and Phytosanitary (SPS) requirements.

The importation must be accompanied by documents including a Permit to Import, International Health Certificate from the country of origin, SPS Certificate, Bill of Lading, Certificate of Origin, and Proforma Invoice among others.

Violators are subject to imprisonment of eight (8) years, a fine of Eighty Thousand Pesos (P80,000.00), forfeiture of the fishery/aquatic products in favor of the government, and a permanent ban from being members or stockholders of companies engaged in fisheries.

A Permit to Import issued under this Order shall expire thirty (30) days from the date of issuance and any unused permit shall be considered automatically cancelled.

Imported products must undergo chemical and microbiological examination including parasite identification. Microbiological tests include total viable count, E. coli, Salmonella, Shigella, and Vibrio cholerae, with specified acceptable limits. Certain fish species like tuna and sardines require histamine chemical testing.

Fishery products must be packed hygienically to prevent contamination, with packaging materials that do not impair sensory attributes or transmit harmful substances. Packaging for fresh fish under ice should have adequate drainage. Labels must include country of origin, species, weight, address of supplier, and BFAR inspection stamp mark.

The Bureau of Fisheries and Aquatic Resources technical personnel, specifically Fishery Quarantine Officers, are responsible for inspection, including document verification, physical examination, microbiological analysis, and issuance of the SPS Certificate.

The whole shipment shall be stored and subjected to further examination. If still found unfit, the container shall be returned to the country of origin, and all charges and expenses shall be borne by the importer.

The SPS Certificate is issued after mandatory physical, microbiological, and chemical examination to ensure that the imported fishery products are fit for human consumption and free from pests, viruses, and diseases. It also prescribes conditions for maintaining product quality and suitability.


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