Conditions for Importation
- Importation allowed only when certified necessary by the Secretary of Agriculture for food security
- Exemptions: canning, processing purposes, institutional buyers
- Must comply with Permit to Import, SPS requirements, HACCP standards
- Certification valid for 90 days specifying volume allowed upon Director's recommendation
Basis for Issuance of Import Necessity Certification
- Secretary and NFARMC to determine necessity based on food security needs and impact on local industry
- Local governments may be consulted for supply and demand data
Application Process
- Importer files Application Form to Import at least five days before importation
- Required documents: Proforma Invoice, SEC-approved Articles of Incorporation and By-Laws
- Non-refundable application fee: P150.00
Permit Issuance and Fees
- Director issues Permit to Import after application and payment of P1,500 permit fee plus additional charges if needed
- Fee covers mandatory microbiological examination
- Separate charges for specialized lab tests may apply
Validity of Permit
- Permit valid for 30 days from issuance
- Unused permits automatically cancelled
Transshipment and Trading Regulations
- Imported fish destined for wet markets must pass through government fish ports (PFDA) for monitoring
- Canning, processing, and institutional buyer imports exempt from this requirement
- Documentation required before trading: Entry Declaration, Certificate of Origin, International Health Certificate, Bill of Lading, SPS Certificate
Transshipment Restrictions
- Fish unloaded from foreign vessels not fit for export can only be sold to canneries and processors after customs and SPS compliance
Import Standards and Requirements
- International Health Certificate mandatory from country of origin certifying fitness for human consumption
- Chemical analysis required for histamine in tuna-like species and sardines, max 20 mg/100g
- Packaging must prevent contamination and have proper labeling: country, species, weight, supplier address, BFAR inspection mark
- Proper storage and transport temperature conditions: chilled fish 0-4°C, frozen fish -18°C or lower with temperature control
Inspection Upon Arrival
- Inspection of documents and physical products by Fishery Quarantine Officers
- Non-compliance with document submission within 10 days results in product return or forfeiture
- Sensory and microbiological examinations conducted; non-compliant shipments returned or forfeited
- Immediate removal and confiscation of prohibited products with penalties
- Issuance of SPS Certificate necessary for release
- Strict penalties and disqualification for diversion or misuse of imported fish for human consumption
Penal Provisions
- Violations punishable by 8 years imprisonment, P80,000 fine, and forfeiture of products
- Offenders barred from fisheries-related company memberships or shareholding
Repealing and Severability Clauses
- Inconsistent existing regulations repealed or modified
- Unaffected parts remain valid if some provisions are declared invalid
Effectivity
- The order takes effect 15 days after publication
- Signed by Secretary of Agriculture and BFAR Director on 20 September 1999