Title
Mandatory CSW Accreditation for Agri-Fishery Products
Law
Da Administrative Order No. 23, S. 2013
Decision Date
Jul 8, 2013
The Philippine Jurisprudence case highlights the purpose and requirements of BPI Administrative Order No. 001-12, which establishes guidelines for the accreditation of cold storage warehouses for agricultural plants and plant products, ensuring safety and quality standards are met, and outlining penalties for non-compliance.
cold storage warehouse
agricultural plants
plant products

Policy, purpose, and regulatory intent

  • The order operationalizes the State’s duty to develop and provide safety and quality standards for consumer products and to protect the public against unreasonable risks of injury associated with consumer products, through agricultural and fishery product regulation (Art. 5 [Declaration of Policy] of Republic Act No. 7394 as invoked in the order).
  • The order supports the establishment of consumer product quality and safety standards under Art. 7 of Republic Act No. 7394, including precautions in storage, transporting, and packaging.
  • The order requires that agricultural and fishery products that need cold storage can be traded only when stored in an accredited and compliant CSW.
  • The order establishes a centralized and harmonized accreditation system for CSWs used for meat and meat products, fish and aquatic products, fruits, vegetables and other plant products, milk and derivatives of milk, and eggs, and animal feeds.
  • The order aims to enable the Department to determine post-harvest problems and regulate CSW operations to maintain quality and safety, with due regard to humidity needs or product compatibility.

Coverage, scope, and covered CSW types

  • Section 1 covers guidelines on mandatory accreditation of Cold Storage Warehouse (CSW) for agricultural and fishery products nationwide.
  • CSW includes establishments used for storage of agricultural and fishery products for commercial purposes, including:
    • Cold Storage Warehouse for meat and meat products (Section 1.1.1).
    • Cold Storage Warehouse for fish and aquatic products (Section 1.1.2).
    • Cold Storage Warehouse for fruits, vegetables and other plant products (Section 1.1.3).
    • Cold Storage Warehouse for milk and derivatives of milk, and eggs (Section 1.1.4).
    • Cold Storage Warehouse for animal feeds (Section 1.1.5).
  • CSW also includes Stationary refrigerated container vans (Section 1.2).
  • Accreditation is tied to the issuance of a Sanitary/Phytosanitary Clearance for imported agricultural and fishery products requiring cold storage, through the relevant Competent Authority acting for the Department’s bureaus, attached agencies, or offices.

Key definitions and designated bodies

  • Accreditation is the procedure by which the DA-CA CSW Composite Team (CSWCT) grants formal recognition through issuance of a certificate of accreditation to a CSW that complied with accreditation requirements set by the Department, its bureaus, and attached agencies (Section 3.1).
  • Accreditation Requirements are standards or measures established by the concerned government agency for issuance of a certificate of accreditation for CSWs (Section 3.2).
  • Agricultural and fishery products are commodities, raw or processed, marketed for human consumption (excluding water, salt and additives) or animal feeds (Section 3.3).
  • Cold-chain means various points where perishable commodities are kept at required ideal temperature throughout post-harvest handling to maintain quality and safety (Section 3.4).
  • Cold Storage Warehouse (CSW) means an establishment used for storage of local and/or imported agricultural and fishery products intended for commercial purposes (Section 3.5).
  • Commercial Purposes refers to use by any corporation, association, society, organization or individual for any fare/fee/charge/other consideration, directly or indirectly, with a business or undertaking intended for profit, regardless of quantity (Section 3.6).
  • Committee on Cold Storage Warehouse Accreditation (CCSWA) is composed of authorized inspectors from NMIS, BFAR, Bureau of Plant Industry (BPI), and Bureau of Animal Industry (BAI) (Section 3.7).
  • Competent Authority (CA) is the official government agency with jurisdiction over the commodity and legal mandate to enforce laws and regulations on quality and safety assurance of agricultural and fishery products for local/export market intended for human consumption or animal feeds (Section 3.8).
  • DA-CA CSW Composite Team (CSWCT) consists of:
    • a Chairman with rank of at least Assistant Secretary;
    • members from NMIS, BAI, BFAR, BPI, and Legal Division;
    • two (2) representatives each;
    • and a Committee on CSW Accreditation (CCSWA) (Section 3.9).
  • Provisional Certificate of Accreditation is temporary accreditation granted to a CSW for a minimum period of six (6) months but not to exceed one (1) year, subject to compliance with all conditions and requirements for accreditation (Section 3.13).
  • Sanitary/Phytosanitary Clearance is issued by the respective Competent Authority to protect against risks linked to food safety, animal health and plant protection or to prevent/limit damage within a territory from entry, establishment and spread of pests (Section 3.15).
  • Stationary Refrigerated Container Van is a fixed refrigerated van used for holding or storing chilled or frozen agricultural and fishery products (Section 3.16).
  • Traceability is the ability to follow movement of food through specified stages of production, processing, storage and distribution (Section 3.17).

Accreditation and renewal requirements

  • Accreditation is obtained through procedures requiring submission of specified application forms, documentary requirements, and facility/operation information (Sections 4, 6, and 7).
  • Application for accreditation requires the cold storage to comply with:
    • a duly accomplished and notarized Application Form (Section 4.1.1.1);
    • a Floor Plan/Layout showing all storage rooms and other facilities for specific products (Section 4.1.1.2);
    • recent photographs of the inner and outer portions of the CSW (Section 4.1.1.3);
    • documentary requirements including:
      • Business Permit (City/Municipal Government);
      • Environment Compliance Certificate/Certificate of Non-Coverage (DENR);
      • Permit to Operate/Exemption Certificate (DENR);
      • Photocopy of Business Registration - DTI/SEC;
      • Sanitary Permit;
      • Certificate of Potability (Section 4.1.1.4);
    • a reliable recording system for readily available information (Section 4.1.1.5);
    • rated capacity (Section 4.1.1.6);
    • list of clientele (with specific products) for the last two (2) years when applicable (Section 4.1.1.7);
    • and a copy of the official receipt (OR) of accreditation fee paid to the concerned CA (Section 4.1.1.8).
  • Renewal of accreditation requires the applicant to submit:
    • a duly accomplished and notarized Application Form (Section 4.2.1.1);
    • updated documentary requirements including Business Permit, DENR Permit to Operate/Exemption Certificate (with waste disposal/treatment facilities), Sanitary Permit, and Certificate of Potability (Section 4.2.1.2);
    • photographs of additional facilities/improvements, if any (Section 4.2.1.3);
    • rated capacity (Section 4.2.1.4);
    • list of clientele (with specific products) for the last two (2) years when applicable (Section 4.2.1.5);
    • and copy of the official receipt (OR) of accreditation fee paid (Section 4.2.1.6).

Audit, fees, and issuance process

  • The audit and assessment of CSWs are conducted by the CCSWA (Section 5.1.1).
  • The CCSWA endorses submitted documents and simultaneously endorses the audit/assessment report to the CSWCT Chairman, with copies furnished to all CAs (Section 5.1.2).
  • Applications for accreditation or renewal must be submitted as follows:
    • the applicant must submit a duly accomplished Application Form (in triplicate) to the CA responsible for the bulk of goods being stored or to be stored (Section 6.1.1.1).
  • Fees are imposed and collected by the respective CAs as follows (Section 6.1.2.1):
    • NMIS: AAA Classification — PHP 3,600.00; AA Classification — PHP 2,600.00.
    • BAI — PHP 2,600.00.
    • BPI — PHP 2,600.00.
    • BFAR — PHP 2,600.00.
  • Every CSW applying for accreditation or renewal must undergo inspection and evaluation using the accreditation criteria for CSWs to ensure compliance with requirements (Section 6.1.3).
  • If documentary requirements are complete, the CA forwards the application to the CSWCT (Section 6.1.3.1).
  • The CSWCT endorses the application to the CCSWA, which conducts the audit and assessment (Section 6.1.3.2).
  • The CSWCT recognizes certificates for evaluation when evaluating CSW applicants, including:
    • EU and Non EU recognized processing plants (Section 6.1.3.3.1);
    • GOP/GMP/SSOP/HACCP certified processing plants (Section 6.1.3.3.2);
    • in-house CSWs integral parts of processing plants/slaughterhouses/meat cutting plants/poultry dressing plants for exclusive use (Section 6.1.3.3.3).
  • The CCSWA submits its audit and assessment result to the CSWCT Chairman, with copies furnished to all CAs (Section 6.1.3.4).
  • The CSWCT Chairman issues either a Certificate of Accreditation or a Letter of Disapproval:
    • a Certificate of Accreditation is issued when the CSW meets requirements (Section 6.1.4.1);
    • where there are comments/objections from any involved CA, the matter is referred for further study and recommendations by the CCSWA to the CSWCT Chairman (Section 6.1.4.1);
    • the CSWCT Chairman decides whether to grant or deny the application (Section 6.1.4.2).
  • The Certificate of Accreditation indicates the types of products approved for storage/keeping in the CSW (Section 6.1.4.3).
  • The Certificate validity period is two (2) years, unless revoked earlier (Section 6.1.4.4).
  • A CSW intending to add other products beyond those indicated in the certificate must seek accreditation through the regular process, with an Addendum issued by the CSWCT Chairman, subject to following the expiration date in the initially issued certificate (Section 6.1.4.5).
  • A CSW may be granted a Provisional Certificate of Accreditation for a minimum of six (6) months but not exceeding one (1) year, subject to compliance with conditions and requirements (Section 6.1.4.6).
  • A CSW granted provisional accreditation must submit a corrective action plan within seven (7) days from receipt (Section 6.1.4.7).
  • Provisional accreditation may be revoked, cancelled or suspended for violation of the order and other pertinent laws (Section 6.1.4.8).
  • Accreditation is not transferable and must not be used in any place other than the one stated in the certificate, whether provisional or for the full two (2) years (Section 6.1.4.8).
  • After LGU implementation of the DA-DILG Joint Memorandum Circular, the CSW must furnish the DA-CSWCT copies of the documentary requirements under Section 4 within thirty (30) days from issuance of the Provisional/Certificate of Accreditation; failure is a cause for revocation of its Provisional/Certificate of Accreditation (Section 6.1.4.9).

Renewal timing and consequences

  • The application for renewal must be submitted to the concerned CA sixty (60) days prior to the expiry date in the existing Certificate of Accreditation, and must follow the same accreditation procedure (Section 7.1.1).
  • The expiry date of a CSW with renewed accreditation always follows the expiry date of the initial accreditation (Section 7.1.2).
  • Applications submitted a day after the expiry date and applications with incomplete requirements are considered filed out of time (Section 7.1.2).
  • Provisional accreditation automatically expires on the specified date unless an extension is granted after compliance with recommended improvements (Section 7.1.3).
  • A CSW needing renovation and/or provision of appropriate equipment and facilities must comply first before endorsement to the CSWCT (Section 7.1.4).
  • Failure to conform to needed renovation/equipment provisions results in:
    • downgrading of its classification, or
    • pendency of the accreditation application (Section 7.1.5).
  • Failure to renew on the specified date results in automatic revocation of accreditation (Section 7.1.6).
  • CSWs must consistently follow the procedure for issuance of a Certificate of Accreditation under the order (Section 7.1.7).

Implementation agencies and operator duties

  • The Competent Authorities (CAs) for implementation are designated as follows:
    • BFAR for fish and aquatic products (Section 8.1.1);
    • NMIS for meat and meat products (Section 8.1.2);
    • BPI for fruits, vegetables and plant products (Section 8.1.3);
    • BAI for eggs, milk other milk products, and animal feeds (Section 8.1.4).
  • The concerned CA oversees unloading of products for storage in the accredited CSW (Section 8.2).
  • Cold storage operators and the accredited CSW must comply with the terms and conditions of the DA Certificate of Accreditation (Section 9.1).
  • Cold storage operators must:
    • fully cooperate with the CA in implementing the order (Section 9.1.1.1);
    • support the traceability system for food products advocated by the Department (Section 9.1.1.2);
    • allow duly authorized CA officers/inspectors to enter and inspect CSW premises during reasonable hours and conditions (Section 9.1.1.3);
    • allow verification and evaluation of relevant records or documents (Section 9.1.1.4);
    • provide assistance to enable efficient and effective inspection and testing (Section 9.1.1.5);
    • communicate immediately with the concerned CA for technical problems that arise (Section 9.1.1.6);
    • not allow unloading of imported products for storage in the absence of a representative from the concerned CA (Section 9.1.1.7);
    • not allow release of commodities for which a Hold Order was issued by the concerned CA (Section 9.1.1.8).

Functions, decision-makers, and enforcement

  • The CCSWA must:
    • conduct audit and assessment of the CSW (Section 10.1.1);
    • endorse submitted documents and audit/assessment results to the CSWCT (Section 10.1.2);
    • conduct further study and prepare recommendations to the CSWCT Chairman if CAs have comments/objections to the CCSWA audit/assessment result (Section 10.1.3).
  • The CSWCT must:
    • review all documents submitted by the CCSWA and make recommendations to the CSWCT Chairman (Section 11.1.1);
    • have the CSWCT Chairman issue the Certificate of Accreditation or Letter of Disapproval (Section 11.1.2);
    • investigate and recommend to the DA Secretary appropriate actions/penalties for violations (Section 11.1.3);
    • provide a forum to address issues arising from implementation (Section 11.1.4);
    • maintain a list of accredited CSWs and non-compliant and/or non-accredited CSWs and monitor them regularly (Section 11.1.5).

Penalties and effect of inconsistent issuances

  • Violations of any provision of the order by any person, firm, or corporation result in penalties under all existing relevant laws, with such laws having suppletory application to the order (Section 13).
  • Provisions of existing Memorandum Circulars, Administrative Orders, other issuances, or parts thereof that are inconsistent with the order are modified, revoked, or repealed accordingly (Section 12).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms