Establishment of Bureau of Agri and Fisheries Standards

Law Summary

Powers and Functions of BAFPS

Formulate and enforce quality standards in processing, preservation, packaging, labeling, importation, exportation, distribution, and advertising of agriculture, livestock, fisheries, and aquaculture products.
Conduct research to advance product standardization and align local standards with international benchmarks.
Perform periodic inspections of processing plants, storage facilities, abattoirs, and markets to ensure freshness, safety, and quality.

Application of Standards-Related Definitions

Standards-related definitions as provided in RA 8435, its Implementing Rules and Regulations (DA AO 6, 1998), and Philippine National Standards (PNS) 01: Part: 1998 apply in all BAFPS functions.

Collaboration and Enforcement Responsibilities

Coordinate with relevant government departments and agencies including the Bureau of Product Standards, Department of Trade and Industry, Department of Science and Technology, Bureau of Food and Drugs, local government units, state and private universities, and private sectors such as NGOs and POs.
Enforce standards to ensure product safety, health protection, environmental protection, and trade competitiveness.
Includes application of standards to quarantine enforcement.

Implementation Scope and Mechanisms

The specific scope, timelines, and implementation procedures for BAFPS functions will be developed with concerned agencies.
These will be formalized via issuance from the Secretary of Agriculture or Memoranda of Agreement.

Coordination on Fisheries Product Standards

BAFPS shall specifically coordinate with the Bureau of Fisheries and Aquatic Resources (BFAR) and Philippine Fisheries Development Authority (PFDA).
Their relationship and coordination mechanisms shall be defined through an administrative order by the Secretary of Agriculture.

Core Functions and Activities of BAFPS

Develop and implement codes of practice covering food safety, postharvest handling, processing, packaging, labeling, advertising, distribution, and marketing.
Ensure inclusive participation from government and non-government stakeholders in standard formulation.
Form multi-sectoral technical committees for national standards creation and periodic review.
Transmit promulgated standards to the Bureau of Product Standards for official PNS numbering.
Support government offices and enterprises in developing scientific bases for food safety and trade standards aligning with international standards.
Monitor and disseminate international developments in food safety standards.
Provide expert support for government involvement in international food standards organizations and agreements such as WTO SPS and TBT agreements, Codex Alimentarius, WHO, FAO, OIE, IPPC.
Serve as the Philippines’ National Inquiry Point for SPS and related concerns.
Represent the Department in inter-agency standardization and consumer protection bodies.
Establish and maintain databases, management information systems, monitoring and evaluation frameworks, and conduct related research.
Recommend enforcement agencies empowered under RA 8435.
Conduct product testing, surveillance, inspections, and operate testing and research facilities.
Establish inspection and certification systems including third-party accreditation.
Implement procedures for recall and disposal of hazardous or unfit products.
Recommend filing of administrative, civil, or criminal sanctions against violators.
Levy fees for inspection, testing, certification, and related services with appropriate determinations and deposits.
Engage industry associations and professional organizations in standards development and voluntary recall mechanisms.
Implement consumer education programs on safety and quality.

Coordination and Expertise Utilization

The BAFPS will collaborate with both government and private entities, research institutes, educational institutions, and experts for technical and legal expertise in standards development and enforcement.
Specific collaboration with various Department units such as Bureau of Animal Industry, Livestock Development Council, National Dairy Authority, National Meat Inspection Commission, Bureau of Plant Industry, and others.
Enter into Memoranda of Agreement with agencies with overlapping functions to delineate product coverage and regulatory authority.

Advisory Committee and Organizational Structure

The BAFPS Task Force as provided under RA 8435, together with other government and private representatives, will serve as the Advisory Committee.
BAFPS is under the Office of the Secretary of Agriculture.
Organizational and task structures are set forth in specified annexes.

Effectivity

This Administrative Order shall take effect immediately upon its publication in the Official Gazette.