Law Summary

Introduction

This document outlines the implementing guidelines for Board Resolution No. 034-91, which prohibits the exportation of copra meal, copra cake, and copra pellets exceeding an aflatoxin level of twenty parts per billion (20 ppb) due to health standards set by the European Economic Community.

Importance of the Coconut Industry

• Vital Sector: The coconut industry is crucial for the Philippine economy, providing significant foreign exchange and livelihoods for millions of Filipinos.
• Exportation: Major exports include copra cake, copra meal, and copra pellets.

Aflatoxin Limitations

• Regulatory Requirement: The European Economic Community set an aflatoxin limit of 20 ppb effective November 30, 1991.
• Impact on Exports: This limit poses threats to the export viability of Philippine coconut products.

Board Resolution No. 034-91

• Prohibition: Exportation of copra cake, copra meal, and copra pellets with aflatoxin levels exceeding 20 ppb is prohibited starting with shipments to Europe on or after December 1, 1991.
• Certification Requirement: Exports must be accompanied by a certificate confirming compliance with the aflatoxin limit from a reputable institution or the Philippine Coconut Authority (PCA).

Definitions

• Key Terms:
  • PCA: Philippine Coconut Authority.
  • Copra Cake: Residual oil cake from milling copra.
  • Copra Meal: Copra cake from which oil has been extracted.
  • Copra Pellets: Palletized form of copra cake.
  • Aflatoxin: Poisonous compound produced by the mold Aspergillus flavus.
  • 20 ppb Aflatoxin: Defined as 20 parts per billion or 20 micrograms per kilogram of aflatoxin B.

Certification Procedures

• Export Certification: Exporters must obtain certification from an accredited international superintendent or PCA confirming aflatoxin levels do not exceed 20 ppb.

Aflatoxin Analysis Procedures

• Sampling Guidelines:
  • Pre-loading and loading samples must be collected and analyzed for aflatoxin levels.
  • Specific procedures for sampling include:
    • Pre-loading samples: 100 x 100g samples for every 5 MT of copra by-product.
    • Loading samples: 10 kg samples for each 500 MT loaded.
• Analysis Submission: Samples must be sent for analysis to confirm compliance.

Fees and Payment

• Analysis Fee: ₱800 per sample for aflatoxin analysis.
• Payment Mode: Payments must be made in cash or by Manager's/Treasurer's Check; company checks are not accepted without a bond.

Enforcement and Investigation

• Authority Responsibilities: Enforcement and investigation duties are assigned to the appropriate PCA organizational unit or task force.

Penalties

• Violations: Willful and deliberate violations may result in:
  • Non-processing of export applications.
  • Cancellation or suspension of Certificates of Registration.
• Legal Consequences: Administrative penalties do not preclude civil or criminal liabilities under relevant laws (P.D. No. 1468, P.D. No. 1644).

Repealing Clause

• Inconsistencies: Previous orders or regulations inconsistent with this order are repealed or modified.

Effectivity

• Immediate Implementation: These guidelines take effect immediately upon adoption on October 1, 1991.

Key Takeaways

• The PCA prohibits the export of copra products with aflatoxin levels exceeding 20 ppb.
• Exporters must secure certification from accredited bodies confirming compliance.
• Strict sampling and analysis procedures are outlined to ensure product safety.
• Violations lead to serious administrative penalties and potential legal liabilities.
• The guidelines are effective immediately, reinforcing the importance of quality in coconut product exports.