Policy and regulatory purpose
- The government adopts and enforces rules needed to protect human, animal, or plant life or health and to prevent the introduction, establishment, and spread of pests or diseases.
- Smuggled agricultural and fishery/aquatic products, fertilizers, pesticides and other agricultural chemicals, veterinary drugs, and biological products pose serious threats to life or health.
- WTO Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures recognizes members’ right to make SPS measures necessary to protect life or health.
- The order aims to streamline, harmonize, strengthen, and improve transparency of SPS clearance processes to facilitate trade without compromising safety or causing environmental damage.
- Automation of harmonized processes for SPS Import Clearance supports best practices and enhanced service delivery.
- An effective and comprehensive regulatory system is established to ensure that required SPS measures are met.
Definitions and key terms
- Accredited Importer refers to an institutional buyer, individual, or entity directly engaged in agricultural and fishery products.
- Agricultural products are products enumerated in Annex 1 of the WTO Agreement on Agriculture.
- Animal by-products include hides, horns, skin, bones, hooves, feathers, and other parts or products of animals.
- Animal products cover specified products of animal origin, including categories intended for human consumption, animal feeding, or pharmaceutical/surgical and agricultural/industrial use, with exclusions depending on intended use.
- Animals as potential agricultural crop pests are species liable to become crop pests in all life stages, including insects, monkeys, rodents, bats, birds, snails, and other forms of animal life capable of injuring agricultural crops.
- Bill of Lading evidences receipt of goods for shipment, includes an airway bill, and serves as receipt, contract for carriage, and documentary evidence of title.
- Biomolecules are organic molecules and their synthetic forms occurring in living organisms.
- Competent Authority is a bureau or agency mandated by law to ensure and supervise implementation of SPS measures or other standard codes.
- Condemnation is a declaration after examination that products are non-compliant to SPS measures and unsafe or unsuitable for human consumption, including requiring appropriate disposal.
- Confiscation is taking products into custody for proper disposal because of violations of these rules or pertinent laws or rules.
- Consignment is a quantity of covered commodities bound for a customer and conveyed by one means of transportation.
- DA Border Inspector (DABI) includes specific quarantine and meat inspection officers stationed in international seaports/airports and inspection facilities.
- Feed is a mixture of feed ingredients by a specific formula for animals.
- Feed ingredient is any single article or raw material entering into feed composition.
- Fertilizer includes any substance (solid or liquid) and nutrient elements, organic or inorganic, applied to soil or plants for growth, yield, or quality.
- Final border inspection is the last inspection and clearance by DA Border Inspectors (DABI) at the final border control point to ensure final satisfaction of DA safety, quality and environmental requirements before distribution.
- Fish and fishery/aquatic products cover WCO Harmonized Tariff System products, including finfish, mollusks, crustaceans, echinoderms, marine mammals, and aquatic flora and fauna, in any form.
- Genetically Modified Organisms (GMO) are organisms whose genetic material has been altered by varieties of modern molecular biology to produce new substances or perform new functions.
- Importation is bringing foreign products into the country by sea, land, or air for specified purposes, including planting, consumption, manufacturing, trading, distribution, domestication, formulation, repacking, or other purposes.
- Importer is the owner or consignee or clientele of shippers for whose account or benefit the consignment is made.
- Import Permit is a written certificate issued by the concerned authority stating the volume of consignment, including Minimum Access Volume (MAV) import certificate.
- International SPS Certificate is a written guarantee issued by the country of origin’s competent authority certifying hygienic handling/processing/packing and absence of microorganisms and harmful substances posing hazards, and includes international health, international phytosanitary, and international veterinary health certificates.
- Must ship out by date is the prescribed period reckoned from the date of issuance of the SPS Import Clearance.
- Other agricultural chemicals are chemicals and compounds not covered by fertilizer and pesticide but used by the agricultural sector.
- Packaging is protecting products by a wrapper, container, or suitable device.
- Packing materials include leaves, straw, wood, bark, and other plant materials capable of harboring plant pests.
- Person includes natural or juridical persons such as corporations, partnerships, societies, associations, firms, companies, and other legal entities.
- Pesticide includes active ingredients, adjuvants, and formulations intended to control, prevent, destroy, repel, or mitigate pests; it includes enumerated subclasses.
- Plants include living plants and parts capable of propagation.
- Plant pest includes any form of plant or animal life or pathogenic agent injurious or potentially injurious to plants or plant products.
- Plant products are derived from plants in natural or manufactured/processed form and capable of harboring plant pests.
- Preliminary border inspection is the initial inspection at ports of entry by DABI to ensure quarantine and inspection requirements are satisfied prior to release to final border control.
- Sanitary and Phytosanitary Measures cover food safety/quality and animal/plant safety/quality standards and rules, including documentary and certification requirements in production, handling, transport, importation, exportation, and marketing distribution, including DA quarantine and product safety/quality inspection and clearance.
- SPS Import Clearance is a document issued prior to importation by the concerned bureau/agency to ensure imported products meet standards protecting life/health, ensure product safety and prevent pest/disease spread, and prescribe conditions for importer compliance to maintain quality and suitability for intended purpose.
- Veterinary biological products and Veterinary drugs and products define covered diagnostic, therapeutic, prophylactic, diagnostic, or research-use products for animals, including specified categories and purposes.
- Smuggling includes outright smuggling and misdeclaration/misclassification/undervaluation in violation of customs law, and also illegal entry of covered agricultural/fishery commodities without required SPS clearance/import permit and/or mandatory DA border control measures, including in special economic and free-port zones.
Scope: covered imports and coverage system
- The order covers importation of the following categories of products into the Philippines:
- It covers plant, plant products, and related materials capable of harboring plant pests, including living plants, nursery stocks, seeds and nuts for planting, specified fruits/vegetables and plant products declared prohibited/restricted under special quarantine orders, pure cultures of phytopathogenic materials, mushroom cultures, algae and rhizobial cultures, soil and plant materials for isolation, other plant cultures, wood packaging and other pest-capable packing materials, frozen/chilled fruits and vegetables, grains and cereals, and other plant products.
- It covers animals, animal products and by-products.
- It covers live/fresh/chilled/frozen fish and fishery/aquatic products, including microorganisms and biomolecules.
- It covers fertilizers, pesticides, and other agricultural chemicals.
- It covers feeds, feed ingredients, and other feed products.
- It covers meat and meat products.
- It covers pet foods.
- It covers processed agriculture and fishery products not elsewhere specified.
- It covers veterinary biological products.
- It covers veterinary drugs and products.
- SPS clearance is required for importation of covered products under the order’s issuance and border-control framework.
SPS import clearance issuance process
- An accredited importer who desires to import any covered product under Section II must secure an SPS Import Clearance from a concerned DA bureau or agency.
- SPS Import Clearance is issued through these issuing bodies by product category:
- BAI issues for animals (including small animals that are plant pests except insects), animal feeds and feed ingredients, animal products and by-products including meat and meat products, eggs, milk, dairy, veterinary drugs, and biological products.
- BFAR issues for fish, fishery/aquatic products enumerated in the definitions, fish intended for feed, and products used in fish propagation.
- BPI issues for plants and plant products enumerated in the order.
- FPA issues for fertilizers, pesticides, and other agricultural chemicals.
- The application may be secured from and submitted to the concerned agencies, or submitted electronically through an authorized DA service provider.
- Application submission requires the following attached documents:
- Pro-forma invoice.
- Notarized affidavit of undertaking as required by the concerned bureau or agency and included in the accreditation process.
- Official Receipt for manual application.
- Other commodity-specific requirements, including permits/clearances from other concerned agencies.
- The application undergoes automated validation for compliance with mandatory data and manual review for compliance with requirements and attached documents.
- Incomplete applications or improper format lead to rejection, with the applicant informed of additional requirements.
- If the application is sufficient in form and substance, the reviewer endorses to the recommending officer, and the approving authority then approves.
- The SPS Import Clearance is approved and issued only upon determination of all of the following:
- The exporting company or country/zone is registered/accredited with the concerned DA bureau/agency and is in good standing.
- Latest advisories of relevant international bodies (including OIE, IPPC, Codex, and other DA-recognized bodies) and/or the exporting government show the absence of relevant disease/pest outbreaks, contaminations, and other SPS-related risks.
- The importer is licensed by the concerned DA bureau/agency and in good standing, unless the concerned bureau/agency determines importer licensing is not required.
- The product is registered with and/or included in the list of allowable commodities of the concerned DA bureau/agency, if applicable.
- Applicable risk management protocols are met, including certifications of exporting governments, if applicable.
- Other pertinent SPS information is satisfied.
- Multiple-bureau products require close coordination/consultation, including specified agency pairings for particular product interfaces (e.g., BPI with BAI for certain plant-origin unprocessed feeds; BAI with NMIS for meat; BPI with BFAR and BAI/FPA linkages for agro-chemicals).
- The SPS Import Clearance must indicate the must ship out by date period reckoned from the date of issuance, using the following periods:
- 15 days for live milk fish.
- 30 days for other live, fresh, chilled or frozen fish and fishery/aquatic products.
- 20 days for fresh and chilled fruits and vegetables.
- 60 days for eggs, milk and dairy products, animal feeds and feed ingredients, and other animal-origin products (including embryos and semen and frozen fruits and vegetables).
- 60 days for live animals, meat and meat products, veterinary drug and products, fertilizers, pesticides and other agricultural chemicals.
- 90 days for veterinary biological products.
- 60 days for all other products not specified immediately above.
- The SPS Import Clearance is valid only for the specified period unless sooner revoked under the order’s grounds.
- An unused SPS Import Clearance is automatically expired/cancelled after the must ship out by date.
- A consignment must be loaded at the port of origin on or before the last day of the must ship out by date; only consignments shipped not later than that date keep a valid SPS Import Clearance upon arrival.
- Loading at the port of origin must not be earlier than the date of issuance of the SPS Import Clearance; otherwise the consignment is subject to confiscation procedures.
- Fish and fishery/aquatic products must arrive within 30 days from issuance if consigned by air, and within 60 days if consigned by sea.
- SPS Import Clearance is good for one shipment and is not transferable to other persons.
- SPS Import Clearance can be suspended or revoked at any time for the following grounds:
- False information in the application form or accompanying documents.
- Misdeclaration of consignment.
- Violation of relevant SPS and biosafety rules and regulations or of conditions imposed in the SPS Import Clearance.
- Refusal to allow inspection of the physical containment facility or intermediate destination.
- Suspension or revocation of legal authority to commercially distribute the product in the country of origin.
- New technical information indicates that permitting the product for intended use will cause risks to human, animal, or plant health or life and the environment.
- Modification, revocation, or cancellation of SPS Import Clearance is without prejudice to further penalties.
Appeal, fees, and inspection at ports
- Decisions of the concerned bureau/agency head may be appealed to the DA Secretary within ten (10) days from notice.
- Current fees and charges imposed and collected by the concerned bureau or agency continue to apply.
Port-of-entry inspection requirements
- The importer or authorized representative must notify the DA Border Inspector at least 48 hours before arrival at the preliminary border inspection site by fully filling out Section 1 of the Application for Import Inspection in the DA Border Inspector’s Report Form and submitting it.
- Before removing products from the place of landing, the importer must complete the form indicating the type and route of transport, the complete name and address of the ultimate consignee, and the exact location of the final place of destination.
- Products and, if included, packing materials must not be removed, transferred, or released without written approval of the DA Border Inspector.
- If transfer to bonded warehouses, container yards, or other places outside the customs zone is needed, the Bureau of Customs covering document must first be coursed to the DA Border Inspector for notation and/or approval before transfer begins.
- A consignment may be bulk or multiple packages arriving in one port or in batches, provided it is covered only by one (1) bill of lading/airway bill.
- Upon arrival, consignment inspection includes:
Documentation and submission
- The importer must present and surrender to the DA Border Inspector:
- SPS Import Clearance,
- the original International SPS Certificate from the country of origin’s competent authority,
- airway bill/bill of lading and invoice,
- and other supporting documents required by the concerned agency.
- If the International SPS Certificate is not available at submission, the consignment is kept in storage for not more than ten (10) days to allow submission, provided the SPS certificate date is not earlier than the SPS Import Clearance date.
- Failure to comply within the ten (10) day period results in return to the country of origin or disposal, with costs of storage, return, or disposition borne by the importer.
Preliminary border inspection
- The DA Border Inspector, together with the BOC examiner, conducts routine inspection based on sensory examination.
- The DA Border Inspector may conduct rigid inspection including chemical and microbial examination depending on routine inspection results.
- Preliminary inspection is conducted in the presence of the importer or authorized representative.
- The DA Border Inspector stamps the SPS Import Clearance with “USED” and stamps “INSPECTED AND PASSED” on the BOC Import Entry Declaration, indicating whether the consignment is cleared for final release, held, for confiscation, or for transfer to an accredited establishment for final inspection and clearance.
- The DA Border Inspector electronically tags the SPS Import Clearance as “USED” and inputs findings in the DA system.
Final border inspection and confiscation tagging
- Final border inspection includes checking consignment integrity and detailed examination through sampling and laboratory analysis as needed to ensure compliance.
- The DA Border Inspector electronically tags the SPS Import Clearance as “CONFISCATED” for confiscated shipments during preliminary and final inspections.
Confiscation, disposal, investigation, and legal consequences
- If examination shows any of the following, the DA Border Inspector informs the BOC examiner and the product/commodity is seized, confiscated, or refused admission unless exported under applicable customs regulations within ninety (90) days of notice of refusal or within permitted time under those regulations:
- Manufactured/processed/packed under unsanitary conditions.
- Forbidden or restricted from sale in the country where produced or exported.
- Adulterated, contaminated, dangerous, noxious, misbranded, misdeclared, unregistered, or in violation of SPS Import Clearance terms and conditions, this order, or sanitary/phytosanitary measures.
- Arriving without the required SPS Import Clearance and International SPS Certificate.
- Using a fake SPS Import Clearance.
- If products arrive at a port of entry outside Metro Manila, sample collection responsibilities fall on the regional office having jurisdiction.
- Deficient, damaged, adulterated, injurious, or order-violating products found at preliminary border inspection are confiscated after the DA Border Inspector informs the BOC district collector for appropriate action.
- Similar confiscation procedures apply for products in transit; for final border inspection, the DA Border Inspector takes appropriate action based on findings.
- In all cases, impounding and disposition are at the expense of the importer.
- The Secretary or authorized representative may conduct a summary hearing and investigate for proper disposition.
- If final disposition is decided, disposition expenses remain borne by the importer.
- A Notice of Confiscation states the reasons for confiscation and includes the date of condemnation and disposal.
- The Notice of Confiscation is issued in three (3) copies: one for the BOC district collector, one for the importer, and one retained by the DA Border Inspector.
- Unlawfully imported or brought-in products are disposed of in one of these manners:
- Confiscated and destroyed.
- Returned to the country of origin.
- Shipped to a third country.
- No confiscated consignment may be auctioned, redeemed, donated, or sold by any government bureau or agency.
- All expenses of Philippine government officers/employees related to destruction or disposition and all expenses for storage, cargo, or labor concerning refused admission are paid by the importer.
- Confiscation or seizure does not bar subsequent court prosecution for the persons concerned, in accordance with law.
Penalties, transitory rules, and general legal effects
- Penalties for violations are applied through the existing laws and rules of the concerned bureau/agency prescribing the violations and corresponding penalties.
Transitory, non-exclusivity, repeal, separability
- In-transit consignments shipped out from the country of origin prior to effectivity are governed by the rules of the concerned bureau/agency.
- Existing rules, regulations, policies, procedures, and standards not inconsistent with the order continue in full force and effect.
- Administrative orders and rules/regulations (or parts thereof) inconsistent with the order are repealed or modified accordingly.
- If any portion is declared unconstitutional or invalid, the remaining portions continue in force.