DA-NMIS and DOH-FDA Shared Meat Regulation Roles

Legal basis and policy framework

The Joint Administrative Order is anchored on Republic Act No. 9711, which strengthens and rationalizes the regulatory capacity of BFAD by establishing testing laboratories and field offices, renaming BFAD as the Food and Drug Administration (FDA), amending Republic Act No. 3720, and appropriating funds.
The Joint Administrative Order recognizes that Republic Act No. 9711 vests in the DOH-FDA authority to adopt measures ensuring pure and safe supply of foods, cosmetics, and pure, safe, efficacious and good quality drugs and devices.
The Joint Administrative Order is also anchored on Republic Act No. 9296 (Meat Inspection Code of the Philippines), which provides a State policy to promulgate specific policies and procedures governing the flow of food animals, meat and meat products through marketing stages and the proper preservation and inspection of such products.
It relies on IRR Rule 5.1 of Republic Act No. 9296, which designates DA-NMIS as the sole national controlling authority for meat inspection and meat hygiene from farm to table.
It recognizes that Republic Act No. 9296 and its IRR empower DA-NMIS to formulate, issue, and implement (jointly with appropriate local government units) licensing, registration, and certification of meat handlers, meat brokers, and meat and meat products.
It references IRR Rule 24.2 of Republic Act No. 9296, which mandates DA-NMIS and DOH-FDA to undertake an Agreement on shared responsibility and delineation of functions.

Key definitions for regulation

“Abattoir or slaughterhouse” means premises approved and registered by the controlling authority where food animals are slaughtered and dressed for human consumption (Section 2).
“Accredit” means the National Meat Inspection Service’s (NMIS) authority to give authority to (a) meat establishments engaged in slaughtering, preparation, processing, manufacturing, storing, or canning of meat and meat products for commerce; (b) importers, exporters, brokers, traders or meat handlers; (c) meat vehicles or conveyances; (d) providers of government services such as independent or third party service providers, or independent inspection or audit agencies (Section 2).
“Adulterated” refers to meat or meat products that fall within enumerated categories, including those containing poisonous or deleterious substances, unlawful-added substances beyond established tolerances, filthy/putrid/decomposed condition, unsanitary preparation/holding causing contamination or injury, products of diseased animals or animals dead otherwise than by slaughter, unlawful radiations, omitted/abstracted valuable constituents, substitutions or concealment of damage/inferiority, addition to increase bulk/weight/reduce quality/strength/misrepresent value, failure to follow current acceptable manufacturing practice promulgated by the Secretary of Agriculture, or those that have passed their expiry date (Section 2).
“Certificate of Product Registration (CPR)” means an official document proving the product passed registration requirements and standards for food (Section 2).
“Confiscation” means taking into custody livestock/poultry carcasses, edible or inedible parts, or parts from said carcasses or meat products by the controlling authority for proper disposal due to violations (Section 2).
“Delineation” means the division of functions or responsibilities among offices/units according to their respective mandates (Section 2).
“Inspection” means acts by an official inspector to ensure compliance with rules including humane handling, ante and post-mortem inspection, quality assurance, hygiene and sanitation, good manufacturing, sanitation standard operating procedures, HACCP, residue control, meat establishment facilities, and transport vehicles and conveyance (Section 2).
“Label” means written/printed/graphic matter on the immediate container (excluding package liners) (Section 2).
“License to Operate (LTO)” means an official document issued by DOH-BFAD proving licensing requirements and standards for establishments dealing with processed food were met (Section 2).
“Meat Product” means any human food product made wholly or in part from meat or other portions of carcasses of food animals, except products with only a relatively small proportion or historically not considered by consumers as meat industry products; such products are exempted when the Secretary of Agriculture applies conditions ensuring the meat portions are not adulterated and are not represented as meat products (Section 2).
“Meat Establishment” means approved and registered premises (slaughterhouse, poultry dressing plant, meat processing plant, cold storage, warehouse, and other meat outlets) where food animals or meat products are slaughtered, prepared, processed, handled, packed, or stored (Section 2).
“Meat Inspection System” means a system ensuring safety and quality of meat and meat products for human food, covering regulatory activities like registration, licensing, accreditation, and enforcement supported by laboratory examination (Section 2).
“Post Approval Control” means regulatory measures conducted on meat and meat products after certification from transport up to retail sale (Section 2).
“Recall” means measures applied to return unsafe or unsuitable products already supplied or made available to consumers (Section 2).
“Safe and Wholesome” means meat and meat products passed as fit for human consumption using criteria including: no food-borne infection/intoxication when properly handled and prepared, residue within limits, free of obvious contamination, free of objectionable defects, produced under adequate hygiene control, and not treated with illegal substances specified in the Act and related legislation (Section 2).
“Shared Responsibility” means mutual or joint allocation of capabilities, facilities, resources, and other support formalized through an Agreement or Undertaking among the concerned parties to pursue a common goal (Section 2).

Jurisdiction over establishments and operations

DA-NMIS has sole jurisdiction over establishments that manufacture, import, export, sell, offer for sale, transfer, distribute (including marketing and advertising and/or promoting) meat products defined under Republic Act No. 9296 and its Implementing Rules and Regulations (Section 3.1.1.1).
DOH-FDA has sole jurisdiction over establishments that manufacture, import, export, sell, offer for sale, transfer, distribute (including marketing and advertising and/or promoting) processed non-meat products, or products containing meat or other portions of carcasses only in a relatively small proportion or historically not considered by consumers as products of the meat industry, which are exempted from the definition as meat product by the Secretary of Agriculture (Section 3.1.1.2).
DA-NMIS and DOH-FDA have joint jurisdiction over establishments producing or processing both meat and non-meat products, with DA-NMIS focusing on meat-handling/preparation/production and DOH-FDA focusing on the non-meat products (Section 3.1.1.3).
DA-NMIS and DOH-BFAD enforce their respective requirements on location, design and construction of establishments (Section 3.1.2.1).
In joint jurisdiction, the agencies must follow close coordination in approving applications for construction (Section 3.1.2.2).
DA-NMIS issues certificate of accreditation while DOH-BFAD issues license to operate for establishments under their respective jurisdictions (Section 3.1.3.1).
In joint jurisdiction, the agencies must follow close coordination in approving applications for authority to operate (Section 3.1.3.2).
DA-NMIS and DOH-BFAD enforce their respective mandates over operations under their respective jurisdictions (Section 3.1.4.1).
The agencies must harmonize programs on Good Manufacturing Practices (GMP), Sanitation Standard Operating Procedures (SSOP), and HACCP, and jointly undertake leveling of procedures to ensure seamless interfacing in plants under joint jurisdiction (Section 3.1.4.2).
When supervision results in observation of violation or non-conformances posing imminent danger, the observing agency must notify the other agency (Section 3.1.4.3).

Jurisdiction over products and standards

DA-NMIS’s sole jurisdiction over meat products includes non-heat treated; heat treated, shelf-stable; chilled and/or frozen meat preparation; and dried meat products (Section 3.2.1.1).
DA-NMIS has jurisdiction over new meat products developed from new technology (Section 3.2.1.2).
DA-NMIS must call on other concerned agencies or entities to ensure new meat products satisfy safety and quality standards prior to registration and trade (Section 3.2.1.2).
The Secretary of Agriculture, upon recommendation of DA-NMIS in coordination with DOH-FBAD, shall endeavor to define and exempt products containing meat or carcass portions only in a small proportion or historically not considered meat-industry products (Section 3.2.1.3).
DA-NMIS must initiate a review of existing meat product standards in consultation with DOH-FBAD, with participation of the DA Bureau of Agriculture and Fisheries Products Standards (BAFPS) and the Bureau of Product Standards (BPS) of the Department of Trade and Industry (Section 3.2.2.1).
Formulation of new standards must conform to the delineation over product responsibility (Section 3.2.2.2).
Product registration follows the delineation over product responsibility (Section 3.2.3.1).
DA-NMIS and DOH-FBAD must endeavor to harmonize product registration procedures and requirements with the existing DOH-FBAD procedure (Section 3.2.3.2).
The agencies must require proper labeling of products under their respective product responsibilities in consonance with existing laws, rules, and regulations (Section 3.2.4.1).
The approving authority over labels follows the delineation over product responsibility (Section 3.2.4.2).
DA-NMIS and DOH-FBAD must coordinate closely in labeling of meat products to ensure compliance with Republic Act No. 8976 (Food Fortification Law) (Section 3.2.4.3).
Any certification required relative to the trade of the product (local and/or international) must be issued by the controlling authority following the delineation over product responsibility (Section 3.2.5.1).

Import, export, and post-approval control

Importation of meat products must conform to existing DA Administrative Order No. 26 series of 2005 (Rules and Regulations Governing Importation of Meat and Meat Products into the Philippines) and Administrative Order No. 16 series of 2006 (Pre-Border measures for the Export of Meat and Meat Products to the Philippines), and other relevant rules and regulations that may be issued thereafter (Section 3.3.1).
Exportation of meat and meat products (fresh or processed) from meat establishments using domestically sourced or imported materials must conform to existing DA-NMIS rules and regulations (Section 3.3.2).
Post approval control activities such as sampling, testing, recall, confiscation, and disposal must be conducted according to the delineation of product responsibility (Section 3.4).
Permits relative to advertising and promotion must be secured according to the delineation of product responsibility (Section 3.5).

Consumer complaints, sanctions, and penalties

Consumer complaints involving products under DA-NMIS and DOH-FDA jurisdiction must be governed by the Consumer Act of the Philippines (Republic Act No. 7394) and other applicable laws (Section 3.6).
Sanctions and/or penalties must be imposed by the agency that has jurisdiction over the establishment and/or product (Section 3.7.1).
For violations involving joint jurisdiction, either agency imposing an order imposing fine, suspension, revocation, or cancellation of accreditation, license, or registration must immediately notify the other agency in writing (Section 3.7.2).

Coordination, public health standard, and guidance

DA-NMIS and DOH-FBAD must continue to coordinate and collaborate to assure safety and quality of meat products available to the consuming public through efficient and effective delivery of services (Section 4.1).
Any doubts in implementing or interpreting the Joint Administrative Order must be resolved in favor of protecting public health (Section 4.1).
DOH-FBAD, through its membership in the Meat Inspection Board, must provide recommendations and guidance on NMIS programs and activities on the regulation of meat products (Section 4.2).

Transitory transfer and transitional processing

DOH-FBAD must process and evaluate initial applications for registration of meat products and licenses to operate submitted with DOH-FBAD prior to the effectivity of the Joint Administrative Order, and must forthwith endorse final recommendations to DA-NMIS (Section 5.1).
Registration and licensing fees paid for those initial DOH-FBAD-submitted applications accrue to DOH-FBAD (Section 5.1).
DA-NMIS must issue the appropriate certificate of product registration or license to operate as follow-through (Section 5.2).
After effectivity, all initial applications (product registration or licenses for establishments manufacturing, importing, exporting, selling, offering for sale, transferring or distribution) together with required documents must be submitted to DA-NMIS (Section 5.3).
Renewal of meat product registration and establishment licenses follows these rules:
- DOH-FBAD processes, evaluates, and approves renewal registrations of meat products and licenses of establishments manufacturing, importing (finished products or raw materials), or exporting submitted to the Bureau prior to effectivity (Section 5.4.1.1).
- All approved renewal applications are endorsed to DA-NMIS, which issues the appropriate registration certificate and/or licenses (Section 5.4.1.2).
- Renewal applicants after effectivity must submit renewal applications with required documents to DA-NMIS (Section 5.4.1.3).
- The original certificate of product registration or license to operate issued by DOH-BFAD must be surrendered to DA-NMIS; failure to surrender results in denial outright (Section 5.4.1.4).
DA-NMIS must undertake a program to capacitate its personnel on new functions with assistance of BFAD technical staff (Section 5.5).
DOH-FBAD must transfer all records and relevant information to DA-NMIS immediately from effectivity (Section 5.6).
Pending consumer complaints with the DOH-Center for Health Development involving meat products must be transferred to the Consumer Arbitration Officer of the Department of Agriculture (Section 5.7).
The two agencies must jointly undertake an information campaign to notify stakeholders of the transfer of functions and continuously coordinate and cooperate to ensure effective implementation (Section 5.8).

Repealability, separability, and inconsistency control

Provisions of existing Memorandum Circulars, Implementing Rules and Regulations, and other issuances that are inconsistent with the Joint Administrative Order are modified, revoked, or repealed accordingly (Section 6).
If one or more provisions are held unconstitutional, the validity of other provisions remains unaffected (Section 7).