Law Summary

Introduction

This Administrative Order issued by the Secretary of the Department of Agriculture of the Philippines establishes the rules and regulations governing the importation of live cattle from Brazil, ensuring compliance with health and safety standards.

Accreditation of Brazil for Export

• Legal Principle: Brazil is granted accreditation to export live cattle to the Philippines following a favorable evaluation of its animal health status.
• Key Definitions:
  • OIE: World Organization for Animal Health, which sets international health standards.
• Requirements:
  • Compliance with OIE standards regarding List A and B diseases.
  • Importation allowed only from FMD-free areas in Brazil.
  • Cattle imported must be for FMD endemic areas in the Philippines where vaccination occurs.
  • A veterinary quarantine officer must conduct a pre-shipment quarantine of at least 30 days.
• Penalties: Non-compliance with these requirements may lead to confiscation of the shipment.

Scope of the Order

• Legal Principle: Specifies what types of meat and products are covered.
• Details:
  • Applies to all meat and meat products defined in the Order.
  • Excludes transshipped meat products destined for other countries.

Application for Veterinary Quarantine Clearance (VQC)

• Legal Principle: Importers must secure a VQC before importing meat/milk products.
• Key Requirements:
  • Submission of an application form and relevant documents.
  • Payment of application fees.
  • Application must be processed within 5 working days.
• Timeframe: The VQC is valid for 60 days from issuance.
• Penalties: Illegal shipments made after the validity period may be confiscated.

Personal and Non-Commercial Importation

• Legal Principle: Restrictions on personal importation of meat products.
• Requirements:
  • A valid VQC and Importation Permit (IVC) are needed.

General Requirements and Conditions

• Legal Principle: Only accredited importers can file for VQC.
• Key Requirements:
  • Importers must ensure compliance with labeling and packaging standards.
  • The shipment must maintain the original seal during transport.

Emergency Measures and Temporary Import Ban

• Legal Principle: Authority to impose an import ban during public health emergencies.
• Details:
  • Immediate suspension of VQC issuance and existing clearances.
  • Consideration of OIE and WHO recommendations for lifting bans.

Packing and Labeling Requirements

• Legal Principle: Standards for packaging and labeling of imported products.
• Key Requirements:
  • Use of food-grade materials.
  • Labels must include essential information such as product description and expiration dates.

Border Control Inspection and Clearance Procedures

• Legal Principle: Mandatory border inspection for all meat shipments.
• Key Procedures:
  • Submission of all required documents to the Veterinary Quarantine Officer.
  • Inspection and issuance of a Veterinary Quarantine and Meat Inspection Laboratory Certificate (VQMILC).
• Consequences: Shipments not meeting inspection standards may be refused entry.

Post-Border Sanitary Conditions

• Legal Principle: Imported products must comply with Philippine safety regulations.
• Relevant Law: Republic Act 9296 (Meat Inspection Code of the Philippines).

Confiscation and Disposition

• Legal Principle: Guidelines for confiscation of non-compliant shipments.
• Key Provisions:
  • Shipments without valid VQC will be refused entry.
  • Confiscation criteria include mislabeling and health risks.

Penalty Provisions

• Legal Principle: Enforcement of penalties for violations.
• Details:
  • Violators may face penalties under the Consumer Act and Tariff and Customs Code.
  • Public officials involved in violations may face administrative and criminal liability.

Repealing Clause

• Legal Principle: Revocation of previous inconsistent orders.
• Details: This Order repeals AO 16 (April 2000), AO 39 (October 2000), and AO 56 (December 2000).

Key Takeaways

• Brazil is now accredited to export live cattle to the Philippines under strict health guidelines.
• Importers must secure a VQC and adhere to detailed importation procedures.
• A temporary import ban can be imposed during public health emergencies.
• Non-compliance can result in severe penalties, including confiscation of shipments and legal repercussions for responsible parties.