QuestionsQuestions (BFAR ADMINISTRATIVE ORDER NO. 195, S. 1999)
The Order is issued pursuant to Section 61(c) and (d), Sections 62, 67, and 100 of Republic Act No. 8550 (Philippine Fisheries Code of 1998).
An AI is an institutional buyer, individual, or entity directly engaged in fishing and aquaculture and given the privilege by BFAR to import fresh/chilled/frozen fish and/or fishery/aquatic products.
ALs in the Philippines (aside from BFAR Laboratory) are authorized by DTI-Product Standards to analyze adequate samples of imported fishery products collected by BFAR personnel for chemical and microbiological examination and parasite identification.
AFI is a document required by BFAR to be filled up by the Accredited Importer indicating: purpose of importation, species/kind of fish, volume to be imported, and country of origin.
Chilled fish are cooled to a temperature of melting ice, 0°C. Frozen products are subjected to freezing sufficient to reduce temperature to -18°C and maintained at that temperature.
DA Certification is issued by the Secretary of the Department of Agriculture certifying the necessity of importing fish to ensure food security, fish price stability, and enhance fishery resource conservation.
Importation is allowed only when certified as necessary by the Secretary to achieve food security, considering public welfare and safety, in consultation with the NFARMC—except that certification is not required for canning/processing purposes, including importation by institutional buyers.
All importations must satisfy: (1) Permit to Import (PI) requirements and (2) Sanitary and Phytosanitary (SPS) requirements under Section 67 of RA 8550, as well as applicable HACCP standards and the specific provisions of the Order.
DA Certification is valid for ninety (90) days and states the volume of fish recommended for importation by the Director upon prior consultation with the private sector.
Before filing AFI, the importer must first obtain the DA Certification issued by the Secretary under Section 3 (necessity to import).
A proforma invoice and Articles of Incorporation and By-Laws duly approved by the SEC.
AFI must be filed at least five (5) days prior to importation. The non-refundable application fee is P150.00.
A PI expires thirty (30) days from the date of issuance. An unused PI is automatically cancelled.
Imports intended for the wet markets must be coursed through government fish ports of PFDA, for monitoring purposes; however, canning/processing imports and imports by institutional buyers do not require transshipment through government fish ports.
They must require: Bureau of Customs Entry Declaration; International Health Certificate; Sanitary and Phytosanitary (SPS) Certificate; Certificate of Origin; and Bill of Lading.
The importer must present and surrender: original copy of the Permit to Import; photocopies of the International Health Certificate from accredited laboratory and/or SPS clearance/certificate; Airwaybill/Bill of Lading; and invoice. If International Health Certificate is not properly certified as a true copy, the shipment is held up to ten (10) days for submission; otherwise it is returned to origin or forfeited, with costs borne by the importer.
The whole shipment is committed to storage while further laboratory examination is conducted on random samples. If found unfit, the container is returned to the country of origin. Storage and examination fees are chargeable to the importer.
The importer is permanently disqualified from applying for subsequent importation and is penalized under Section 12; the fishery products intended for non-human consumption are immediately confiscated and forfeited in favor of the government.
Violation subjects the offender to eight (8) years of imprisonment, a fine of P80,000.00, and forfeiture of the fishery/aquatic product in favor of the Department. The violator is also banned from being members or stockholders of fisheries companies engaged or to be created in the future.
It takes effect fifteen (15) days after publication in the Official Gazette and/or in two (2) newspapers of general circulation.