Legal basis and amended law
- Republic Act No. 10536 amends Republic Act No. 9262, titled “The Meat Inspection Code of the Philippines,” referred to as the “Act.”
- The amendments modify specific provisions of Republic Act No. 9262 including Sections 4, 7, 9, 46, 47, 56, and include a consolidation clause for amendment, effectivity, and repeal/modification.
Definitions and “Hot Meat” category
- Section 1 amends Section 4 (Definition of Terms) of Republic Act No. 9262 by inserting a new term “16. Hot Meat.”
- Hot Meat means the carcass or parts of carcass or food animals slaughtered from unregistered/unaccredited meat establishments and have not undergone the required inspection.
- Hot Meat also includes undocumented, illegally shipped, and unregistered carcass, parts of carcass, and meat products coming from other countries.
- Hot Meat includes items classified as hot meat by the National Meat Inspection Service (NMIS).
NMIS structure and functions expanded
- Section 2 amends Section 7 (Composition of the NMIS) of Republic Act No. 9262 by stating that the NMIS is headed by an Executive Director, a Deputy Executive Director, and Regional Technical Directors III, all appointed by the President.
- Section 2 requires strengthening the administrative, technical, and support services of the NMIS to carry out the Act effectively.
- Section 2 establishes NMIS divisions and assigns them the following functions:
- Plant Operation and Inspection: inspects and certifies meat and meat products and provides technical supervision of LGUs.
- Accreditation and Registration: accredits meat establishments, rendering facilities, meat transport vehicles, meat establishment contractors, fabricators and suppliers, and third party service providers; and handles registration and certification.
- Enforcement and Food Defense: enforces policies against hot meat and adulterated or misbranded meat products; and protects meat products from hazardous contaminants.
- Meat; Import and Export Assistance and Inspection: evaluates foreign meat establishments intending to export to the Philippines; accredit meat importers and exporters; inspect imported meat and certify for export; and provides technical assistance to meat exporters and importers.
- Meat Science and Technology: trains veterinarians and meat inspectors; manages data on animal slaughter; assists LGUs in developing LGU meat control or inspection systems; and develops safety and quality standards in consultation with product standard setting agencies.
- Laboratory Services: performs analytical services to detect contaminants in meat and meat products and provides data analysis.
- Consumer Information, Education and Assistance: conducts programs to inform, educate, and assist consumers on meat safety and quality; promotes meat safety and quality; and manages consumer complaints.
- Legal Affairs: advises on legal matters concerning the meat control or inspection system; provides legal assistance to NMIS and personnel in litigation involving NMIS interests; and conducts preliminary investigations and recommends filing of appropriate legal and/or administrative actions.
- Planning, Monitoring and Evaluation: researches and formulates policies and programs; develops NMIS medium and long-term master plans and budget requirements; and establishes and maintains an NMIS data bank.
- Engineering and Climate Change: provides technical assistance on construction of in-house and meat establishments; assists in developing standards for slaughtering and processing equipment and utensils used in meat inspection; and manages climate change programs.
- Administrative: provides human resource, records, equipment, security, logistics, and related services.
- Finance: provides finance and related services and administers the Meat Inspection Service Development Trust Fund (MISDTF).
- Section 2 authorizes establishment of additional sections and units to fully complement the NMIS organizational structure.
Regional technical operation centers reshaped
- Section 3 amends Section 9 (Regional Technical Operation Centers) of Republic Act No. 9262.
- Upon effectivity, existing NMIS regional offices are to consist of meat laboratories, and technical, administrative and finance services, staffed by personnel whose qualifications are determined by the Secretary of Agriculture and approved by the Civil Service Commission.
- Within two (2) years from effectivity, NMIS-RTOC functions in accredited meat establishments are transferred or devolved to the provincial government where the meat establishments are located.
- Transfer/devolution applies subject to certification requirements: Provincial Meat Inspection Service must be certified by NMIS to be compliant with national standards.
- Certification for meat and meat products from AAA meat establishments intended for international trade remains with NMIS.
Unified fees and charges framework
- Section 4 amends Section 46 of Republic Act No. 9262.
- The Secretary must prescribe reasonable fees charged by the NMIS and LGUs for services rendered through regulation.
- Fee prescription requires public hearing.
- The Secretary may revise fees after due notice and public hearing.
- Amounts collected from NMIS fees, fines and other charges must be deposited with the National Treasury and accrue to the General Fund.
MISDTF—funding and allowable uses
- Section 5 amends Section 47 by establishing an independent and separate trust fund administered by the Meat Inspection Board.
- For the first five (5) years, an amount not less than fifty percent (50%) of accrued fees, fines and charges is used for the MISDTF.
- The MISDTF is used for:
- Continued upgrading of laboratory equipment and facilities to conform with international standards.
- Establishment of training facilities.
- Capability development of technical personnel and field enforcers.
- Research and development on meat and meat products standards with professional organizations, the academe, and/or other government offices.
- Indemnification of condemned animal during ante-mortem inspection.
- Accreditation and food safety audits of foreign meat plants.
- Enforcement and food defense program and collaborative activities with other law enforcement agencies.
- Establishment of disposal facilities for seized or condemned items and programs to prevent and control the spread of pests and diseases from the abattoir to the farm.
- Benefits under the Magna Carta of Public Health Workers and health insurance for the well-being of NMIS personnel.
- Other assistance and support to LGUs, the livestock sector, and the meat industry.
- The trust fund may accept grants and donations from national and foreign entities and individuals interested in meat inspection development, provided they are not subject to regulation of NMIS.
Criminal penalties and administrative fines
- Section 6 amends Section 56 (Fines and Penalties) of Republic Act No. 9262 by defining the core punishment scheme.
- Any person who commits a violation of the Act, or commits prohibited acts under Sections 48, 49, 50, 51, 52, 53 and 54 under Chapter XII of Republic Act No. 9296, or who sells, transports, offers or receives for sale or transportation in commerce hot meat as defined, is punishable upon conviction by:
- Imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years; or
- A fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00); or
- Both fine and imprisonment at the court’s discretion.
- The offender must pay the concerned consumer whatever damage the consumer suffered as a consequence of the unlawful act.
- If the offender is a juridical person, responsible officers (including the president, manager, or head of office responsible for the unlawful act) are criminally liable in addition to cancellation of certificates of accreditation and/or registration.
- If the offender is a public official, the penalty includes perpetual disqualification to hold public office.
- In addition to the criminal penalties, the NMIS and LGUs must impose these administrative fines and penalties:
- For Section 48 (a) and (b):
- Confiscation as provided under Section 58 of the Act; and
- P50,000 for the first offense; P75,000 for the second offense; and P100,000 plus prohibition from conducting business for two (2) years for the third and succeeding offenses.
- For Section 48 (c) and (d):
- Confiscation as provided under Section 58 of the Act; and
- P200,000 for the first offense; P300,000 for the second offense; and P500,000 plus prohibition from conducting business for two (2) years for the third and succeeding offenses.
- For Sections 49, 50, 51, 52, 54 and hot meat:
- Confiscation as provided under Section 58 of the Act; and
- P200,000 for the first offense; P350,000 for the second offense; and P500,000 plus prohibition from conducting business for three (3) years for the third and succeeding offenses.
- For Section 53 (a):
- Six (6) months suspension for the first offense; and
- Dismissal from government service for the second violation.
- For Section 48 (a) and (b):
Separability, repeal/modification, and effectivity
- Section 7 provides separability: if any provision is declared unconstitutional or invalid, the unaffected sections continue in full force and effect.
- Section 8 repeals, amends, or modifies inconsistent laws, decrees, executive orders, and other administrative issuances and parts thereof accordingly.
- Section 9 fixes effectivity at fifteen (15) days after publication in the Official Gazette or two (2) newspapers of general circulation.