Law Summary
Definitions and Key Terms
- Additional Declaration: Statement required on Phytosanitary Certificate (PC) providing specific information.
- Consignment: Quantity of fresh ginger moved from China to the Philippines under a single PC.
- Maximum Residue Limit (MRL): Allowable pesticide level on fresh ginger per Codex Alimentarius.
- Must Ship Out By Date: Prescribed period within which product must leave country of origin (20 days for fresh plant products).
- Pest Risk Analysis (PRA): Evaluation process determining pest regulation necessity and phytosanitary measures.
- Phytosanitary Certificate and Certification: Document and process to certify compliance with plant health standards.
- Sanitary and Phytosanitary Import Clearance (SPSIC): Document ensuring imported product meets safety standards.
- Registered Importer: Person registered by the DA eligible to import agriculture commodities for various purposes.
- Acronyms defined for regulatory bodies and documents such as AQSIQ, BPI, CIQ, MRL, NPPO, NPQSD, PC, PQO, PRA, and SPSIC.
Importer Registration Guidelines and Procedures
- Documentary requirements include Letter of Intent, accomplished application form with photos, company profile, permits, certifications, and tax documents.
- Additional requirements for farmers’ cooperatives/confederations.
- Fees: PHP1,000.00 application fee; PHP2,500 renewal fee.
- Complete applications undergo evaluation, orientation, preliminary interview, and inspection of the business enterprise.
- Approval leads to issuance of Certificate of Registration (COR) or Certificate of Renewal of Registration (CRR).
- Validity of COR or CRR is three (3) years from issuance.
DA Trade System Enrollment
- Mandatory for BPI-PQS registered importers of Category 2, 3, and 4 commodities.
- Importers must apply to the DA Trade System (DTS), create username/password, and submit List of Importable commodities.
Application and Issuance of SPSIC
- SPSIC application follows DA Memorandum Order No. 1, s. 2010 and existing orders.
- Only registered and BOC-accredited importers may apply.
- First-time importations require completion of PRA.
- SPSIC is non-transferable and must be used within prescribed timeframes.
- Documentary requirements include proforma invoice, port of entry details, and payment of processing fees.
- PPS staff evaluate applications considering international advisories and violation history before approval.
Fees and Charges
- PHP5,000.00 registration fee upon release of COR.
- PHP2,500.00 processing fee for renewal every three years.
Pre-Export Quarantine Inspection Requirements
- Exporters and facilities must be registered with AQSIQ and approved by BPI-NPQSD.
- Fresh ginger must be sorted, cleaned, and packed in new plastic bags within carton boxes.
- Random 10% inspection by CIQ Officer before sealing carton boxes.
- Labeling with specified information including accreditation codes and source.
- Storage in clean cold storage facilities at 13-15°C.
- Shipment loaded in clean, sealed reefer vans maintained at appropriate temperature.
- Issuance of Phytosanitary Certificate with additional declaration.
- Each shipment accompanied by a pesticide residue certificate conforming to Codex MRL.
Entry and Post-Entry Inspection
- Importer must notify PQO 48 hours before consignment arrival via electronic Request for Inspection.
- Documentation check includes SPSIC, PC, invoice, treatment and MRL certificates.
- Incomplete documentation leads to refusal of entry with options for return, re-export, or destruction at importer's expense.
- Physical inspection of 10% consignment sample for pests.
- Laboratory diagnosis within seven working days if pests suspected.
- PQO stamps BOC entry permit indicating clearance status.
Penalties and Sanctions
- SPSIC may be suspended or revoked for misdeclaration, misuse, violation of rules, refusal of inspection, revoked exporter accreditation, or any act endangering health or environment.
- Show Cause Order issued before suspension/revocation decision.
- Confiscation and disposal of consignment required upon detection of pests, contamination, misbranding, incomplete documentation, or fake documents.
- Disposal methods: destruction, return to origin, or shipment to third country; no auction or sale allowed.
- Importer liable for all expenses related to confiscation and disposal and may be blacklisted.
- Suspension of fresh ginger importation may occur due to non-compliance or pest outbreak.
- Administrative fines ranging from PHP1,000 to PHP50,000 may be imposed after hearing.
- Immediate notification to AQSIQ through diplomatic channels upon detection of quarantine pests or non-compliance.
Repealing Clause
- Inconsistent administrative orders, rules, and regulations are repealed or modified accordingly.
Separability Clause
- Invalidity of any part of the Circular does not affect other provisions.
Effectivity
- The Circular shall take effect fifteen (15) days after publication in two newspapers of general circulation.