QuestionsQuestions (BAI MEMORANDUM ORDER NO. 03, S. 2004)
It is an administrative issuance (a memorandum order) of the Department of Agriculture’s Bureau of Animal Industry/DA, implementing emergency regulatory measures. It is not a statute passed by Congress; it is a rule/administrative order issued under the Secretary of Agriculture’s delegated authority by law.
The memorandum order was issued by Luis P. Lorenzo, Jr., Secretary of Agriculture.
The World Health Organization confirmed human death due to bird flu, and there was a possibility that travelers could bring in pet birds from Thailand, creating risk of entry of HPAI virus.
Domestic and wild birds and their products, including poultry meat, day-old chicks, eggs, and semen.
Thailand.
It immediately suspended the processing, evaluation, and issuance of Veterinary Quarantine Clearance/International Veterinary Certificate/Import Permit by the Bureau of Animal Industry for applications relevant to the importation from Thailand.
DA Quarantine Inspectors/Officers at all major sea and air ports.
It mandates stoppage and confiscation of all shipments of poultry and poultry products into the country originating from Thailand, indicating action on inbound shipments.
It states that the order shall take effect immediately.
It frames the ban as necessary to prevent entry of HPAI virus to protect the health of the local poultry population, citing human mortality from bird flu.
The order does not require proof of presence of HPAI virus in shipments; it relies on the WHO-confirmed human deaths and risk of travelers/pet birds potentially bringing infection, justifying preventive measures.
It reflects exercise of police/quarantine power—public health and biosecurity regulation restricting importation to prevent disease entry.
Importers cannot expect evaluation or issuance of required veterinary quarantine clearance, international veterinary certificates, or import permits for covered commodities from Thailand during the period of suspension.
They must determine whether shipments originate from Thailand and whether they fall within “poultry and poultry products” covered by the order; otherwise, wrongful seizure/discretion issues could arise.
It refers to the “HPAI virus,” which stands for Highly Pathogenic Avian Influenza, and ties it to bird flu.
Key facts would include: (1) the shipment’s country of origin (Thailand), (2) whether goods are within the covered categories (birds/products like meat/chicks/eggs/semen), and (3) whether enforcement was done by authorized DA quarantine officers at major sea/air ports.