Rules on Importation of Fishery Products

Purpose, policy, and consultative framework

The Order adopts a flexible policy to attain food security for the public.
The Order responds to emerging domestic and international trade trends involving fish and aquatic products.
The Order recognizes the need to ensure food safety for imported fish and fishery/aquatic products.
Importation is allowed only when supported by certification of necessity for food security, considering public welfare and safety, and through consultation with the NFARMC (Section 2 and Section 3).
The Secretary and the NFARMC may inquire from appropriate local government unit(s) on supply and demand conditions to aid decision-making (Section 3).

Key definitions and covered concepts

Accredited Importer (AI) is an institutional buyer, individual, or entity directly engaged in fishing and aquaculture granted the privilege by BFAR to import fresh/chilled/frozen fish and/or fishery/aquatic products (Section 1).
Accredited Laboratory/ies (AL) are laboratories in the Philippines, aside from BFAR Laboratory, authorized by DTI-Product Standards to analyze adequate samples collected by BFAR for chemical and microbiological examination and parasite identification (Section 1).
Application Form to Import (AFI) is the document required by BFAR to be accomplished by the AI stating purpose of importation, species/kind, volume to be imported, and country of origin (Section 1).
Permit to Import (PI) is the document issued by BFAR in response to the AI’s application (Section 1).
Food Safety is assurance that the food is processed properly and will not harm consumers when consumed (Section 1).
Food Security includes any plan, policy, or strategy ensuring adequate supplies of appropriate food at affordable prices, achieved through self-sufficiency, self-reliance, or pure importation (Section 1).
Fresh fish means freshly caught fish not undergoing processing or preservation treatment (Section 1).
Chilled fish means fish subjected to a process cooling the product to the temperature of melting ice, 0°C (Section 1).
Frozen fishery/aquatic products are fish/products subjected to freezing sufficient to reduce temperature to -18°C and maintain that temperature to preserve quality (Section 1).
SPS Certificate (Sanitary and Phytosanitary Certificate) is issued by a BFAR laboratory or accredited laboratory after mandatory standard physical, microbiological, and chemical examination for imported fishery products intended for wet market, processing, re-export, and sale to specialized restaurants (except for canning and processing purposes), to ensure fitness for human consumption and/or that products are not capable of harboring pests, viruses, and diseases; it also prescribes conditions for maintaining quality and suitability (Section 1).
Fish and fishery/aquatic products include finfish, mollusks, crustaceans, echinoderms, marine mammals, aquatic flora and fauna, and all other products of aquatic living resources in any form (Section 1).

Scope of allowable imports and certification

Importation of fresh/chilled/frozen fish and fishery/aquatic products is allowed when certified by the Secretary as necessary to achieve food security, considering public welfare and safety, and in consultation with the NFARMC (Section 2).
Importation for canning and processing purposes does not require the Secretary’s certification (Section 2).
Importation undertaken by institutional buyers likewise does not require the Secretary’s certification (Section 2).
All importation must satisfy both the Permit to Import (PI) requirements and Sanitary and Phytosanitary (SPS) requirements under Section 67 of Republic Act No. 8550, HACCP Standards, and the rules in the Order (Section 2).
The Secretary’s certification is valid for ninety (90) days and states the volume of fish to be imported as recommended by the Director upon prior consultation with the private sector (Section 2).

DA certification criteria and basis for approval

Before issuing the certification of necessity, the Secretary, in consultation with the NFARMC, determines—among others—that:
- the importation is necessary for food security; and
- there is serious injury or threat to the domestic industry producing like or directly competitive products (Section 3).
The Secretary and the NFARMC may inquire with the appropriate local government unit(s) to determine supply and demand for fishery products as observed locally (Section 3).

Application filing and permit issuance

An importer may file an accomplished AFI only after the Secretary issues the certification under Section 3 (Section 4).
The AFI is filed with the Office of the Director at least five (5) days prior to importation (Section 4).
Filing requires a non-refundable application fee of One Hundred and Fifty (P150.00) Pesos (Section 4).
The AFI must be accompanied by:
- Proforma Invoice; and
- Articles of Incorporation and By-Laws duly approved by the Securities and Exchange Commission (Section 4).
A Permit to Import (PI) is issued by the Director or his duly authorized representative only after:
- the AFI was filed in accordance with Section 4; and
- the applicant paid the Permit Fee of One Thousand Five Hundred (P1,500.00) Pesos plus other charges for administrative and technical services connected with the importation (Section 5).
The P1,500.00 permit fee covers the mandatory standard microbiological examination conducted on all imported fishery/aquatic products (Section 5).
A separate charge for specialized laboratory examinations (e.g., antibiotics trace, mercury traces) may be imposed when such examinations are necessary (Section 5).
Charges incidental to importation follow FAO No. 187 series of 1993 and its amendments (Section 5).

Permit duration and transshipment routing

A Permit to Import expires thirty (30) days from the date of issuance (Section 6).
An unused Permit to Import is automatically cancelled (Section 6).
To facilitate monitoring of imported fishery products destined for wet markets, all such imports must be coursed through government fish ports of the Philippine Fisheries Development Authority (PFDA) (Section 7).
Importation for canning and processing purposes and importation by Institutional Buyers does not require transshipment through PFDA government fish ports (Section 7).

Trading, required port documents, and transshipment controls

Before display of imported commodities for trading, government fish port authorities require the accredited importer to present:
- Bureau of Customs Entry Declaration;
- International Health Certificate;
- Sanitary and Phytosanitary (SPS) Certificate;
- Certificate of Origin;
- Bill of Lading (Section 8).
Fish unloaded by foreign vessels at accredited transshipment ports that are no longer of exportable grade or are non-exportable may be sold only to canneries and processing plants, after:
- payment of customs duties; and
- compliance with SPS requirements under the Order (Section 9).

Product standards for importation

Imported fish and fishery/aquatic products must comply with the following requirements (Section 10).
International Health Certificate is required and must be issued by an authorized or competent regulatory agency in the country of origin certifying compliance with these conditions:
1. Fish and fishery products graded according to quality of fresh fish prior to freezing.
2. Hygienic handling and processing in processing plants and/or freezer vessels.
3. Frozen products kept and maintained at -18°C or lower during transport.
4. Visual inspection for parasite check, with parasite-infested fish removed from the batch (Section 10[a]).
The International Health Certificate must be supported with laboratory test results that do not exceed these indicator organism limits (Section 10[a]):
- Total viable count: 10/gram
- E. coli: 10 to 100/gram
- Salmonella: absent in 25 gram sample
- Shigella: absent
- Vibrio cholerae: absent
Histamine chemical analysis is required for products from the families:
- Scombridae (tuna/tuna-like species and mackerel) and
- Clupeidae (sardines) (Section 10[b]).
Histamine examination must use internationally recognized methods, and results must not exceed 20 mg./100 gm., included in the Health Certificate requirement (Section 10[b]).
Packing and labeling must ensure hygienic protection from contamination by lubricants, oils, fuels, or hazardous substances; packaging must not impair sensory attributes and must not transmit harmful substances (Section 10[c]).
Packaging materials for fresh fish held under ice must include adequate drainage for melted water (Section 10[c]).
The following information must appear on packaging and accompanying documents (Section 10[c]):
- country of origin written out in full;
- species of fish/fishery products, weights and content;
- address of supplier; and
- BFAR Inspection stamp mark.
Fresh fish under ice must be packaged consistently with the drainage requirement; bulk frozen fishery/aquatic products intended for further processing are not covered by the stated packaging-and-labeling requirement (Section 10[c]).
Storage and transport temperature requirements are mandatory (Section 10[d]):
- chilled fresh fish and fishery products: 0 to 4°C;
- frozen fishery products (except frozen fish in brine intended for canning): -18°C or below during transport, with not more than 3 degrees upward fluctuation in temperature (Section 10[d]).

Arrival inspection, document surrender, sampling, and disposition

Upon arrival, imported fresh/chilled/frozen fish and fishery/aquatic products undergo inspection requirements (Section 11).
Documentation control: the importer must present and surrender to the inspecting Fishery Quarantine Officer original Permit to Import and certified/photocopy documents for International Health Certificate and SPS Clearance/Certificate, plus Airwaybill/Bill of Lading and invoice (Section 11[a]).
If the importer cannot provide a certified true copy of the International Health Certificate, the shipment is committed to a storage facility for not exceeding ten (10) days to submit the documents (Section 11[a]).
Failure to comply within the ten (10) days requires returning the shipment to the country of origin; if not returned, the shipment is forfeited in favor of the government for proper disposition (Section 11[a]).
The importer bears all expenses for storage, return to origin, and disposition of the shipment (Section 11[a]).
Physical examination and organoleptic checks: technical personnel collect an adequate random sample for laboratory examination and sensory/organoleptic examination; each batch is examined at landing; the local government unit examines fish and fishery products during distribution to markets and outlets (Section 11[b]).
Microbiological analysis: all imported fishery products must undergo microbiological examination; if products fail required standards, the whole shipment is committed to storage while random samples are re-tested technically (Section 11[c]).
If found unfit for human consumption or failing required standards, the affected container is returned to the country of origin (Section 11[c]).
Fees and charges incidental to examination and storage of imported products are chargeable to the importer (Section 11[c]).
If inspection shows imported fish/fishery product does not meet Bureau quality requirements or if prohibited products are included, such items are removed immediately; prohibited items are confiscated; the importer is penalized under applicable laws, rules, and regulations (Section 11[d]).
After meeting release requirements, a Fishery Sanitary and Phytosanitary (SPS) Certificate is issued for release of the imported fishery product (Section 11[e]).
Diversion to local human consumption triggers mandatory consequences:
- if any portion intended for non-human consumption is sold, utilized, or distributed for local human consumption, the importer is permanently disqualified from applying for subsequent imports and is penalized under Section 12; and
- the imported fishery products are immediately confiscated and forfeited in favor of the government (Section 11[f]).
Diversion to wet markets triggers mandatory consequences:
- if any portion intended for canning and processing plants or any portion of the importation by institutional buyers is sold or diverted to local wet markets, the importer is permanently disqualified from subsequent imports and is penalized under Section 12; and
- the imported fishery products are immediately confiscated and forfeited in favor of the government (Section 11[g]).

Penalties and disqualification consequences

Any violation of the Order subjects the offender to:
- eight (8) years of imprisonment,
- a fine of Eighty Thousand Pesos (P80,000.00), and
- forfeiture of the fishery/aquatic product in favor of the Department for proper disposition (Section 12[a]).
Violators are banned from being members or stockholders of companies currently engaged in fisheries or companies to be created in the future (Section 12[a]).

Repeal, separability, and effectivity rules

Inconsistent Administrative Orders, rules, regulations, or parts are repealed or modified accordingly (Section 13).
If any portion of the Order is declared unconstitutional or invalid, the remaining provisions continue in full force and effect (Section 14).
The Order takes effect fifteen (15) days after its publication in the Official Gazette and/or in two (2) newspapers of general circulation (Section 15).