QuestionsQuestions (DA ADMINISTRATIVE ORDER NO. 09, S. 2010)
It streamlines, harmonizes, and strengthens rules on the importation of covered agricultural and fishery products and related inputs to protect human, animal, and plant life or health and to prevent pests/diseases. It is issued by the Secretary of the Department of Agriculture under the powers vested by law, with reference to WTO SPS principles.
It is a document issued prior to importation by the concerned DA bureau/agency to ensure imported products meet sanitary and phytosanitary standards, and it sets conditions for maintaining product quality and suitability for the intended purpose. It must be secured before the products are imported.
(a) BAI for animals (including some small animals that are plant pests except insects), feeds/feed ingredients, animal products/by-products including meat/meat products, eggs/milk/dairy, veterinary drugs and biological products. (b) BFAR for fish, fishery/aquatic products, including products used in fish propagation and fish intended for feed. (c) BPI for plants and plant products enumerated in the AO. (d) FPA for fertilizers, pesticides and other agricultural chemicals.
Any “accredited importer,” defined as an institutional buyer or individual/entity directly engaged in agricultural and fishery products, who desires to import covered products (except the commodity listed in Section II A.10).
At minimum: (1) pro-forma invoice, (2) notarized affidavit of undertaking (required for accreditation), (3) official receipt for manual application, and (4) other commodity-specific requirements including permits/clearances from other concerned agencies.
Applications undergo automated validation for mandatory data compliance, then manual review for compliance with requirements and attached documents. Incomplete or improperly formatted applications are rejected and the applicant is informed of additional requirements.
Because different bureaus may regulate different components or risks for the same importation (e.g., plant-origin feeds with BPI and BAI, veterinary-related products with BAI and NMIS). Coordination ensures consistent SPS assessment and proper issuance of clearance.
It is the prescribed period within which the actual product/consignment must have left the country of origin, reckoned based on the date of issuance of the SPS Import Clearance.
Examples: (1) 15 days for live milk fish; (2) 30 days for other live/fresh/chilled/frozen fish and fishery/aquatic products; (3) 20 days for fresh and chilled fruits and vegetables; (4) 60 days for eggs, milk and dairy products, animal feeds/feed ingredients, and other products of animal origin; (5) 90 days for veterinary biological products; (6) 60 days for all other products not specified above.
If it is not used by the time the “Must Ship Out by Date” passes (i.e., it becomes unused within the required shipment period), it is automatically expired/cancelled after the must-ship-out deadline.
The date of loading specified in the bill of lading cannot be earlier than the date of issuance of the SPS Import Clearance; otherwise, it is subject to confiscation procedures.
It is good for one shipment only and is not transferable to other persons.
Examples: (1) providing false information in the application or documents; (2) misdeclaration of consignment; (3) violation of relevant SPS/biosafety rules or conditions in the clearance; (4) refusal to allow inspection of physical containment facilities/intermediate destinations; (5) suspension/revocation of authority to commercially distribute the product in the country of origin; (6) new technical information indicating risks to health or the environment.
The importer or authorized representative must notify the concerned DA Border Inspector 48 hours before arrival at the preliminary border inspection site by filling out the Application for Import Inspection (using the DA Border Inspector’s Report Form).
Products and, if included, their packing materials must not be removed or transferred from the place of landing nor released to the importer without the written approval of the DA Border Inspector. If official customs documents allow transfer to bonded warehouses or similar areas, these must first be coursed to the DA Border Inspector for notation/approval.
If there is an absence of an International SPS Certificate upon presentation at documentation stage, the consignment is kept for up to ten (10) days to allow submission of the certificate, provided the certificate date is not earlier than the SPS Import Clearance issuance date. If not submitted within the period, the consignment is returned to the country of origin (or disposed of), at the importer’s expense.
When examination shows the product is unsanitary; prohibited/restricted in country of production/export; adulterated/contaminated/dangerous/noioxious/misbranded/misdeclared/unregistered or violates SPS Import Clearance terms; arriving without required SPS Import Clearance and International SPS Certificate; or using a fake SPS Import Clearance. In these cases, the DA Border Inspector informs the BOC examiner and the product is seized/confiscated/refused admission (subject to rules on export/reexport within allowed time).