Law
Bpi Da Quarantine Administrative Circular No. 01
Decision Date
Jun 10, 2015
Guidelines for the importation of fresh ginger from China are established to ensure compliance with phytosanitary measures, protect against foreign pests, and regulate the registration of importers through the Bureau of Plant Industry.

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.

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