Title
Rules on Importation of Live Cattle and Meat Products
Law
Bai Administrative Order No. 16, S. 2005
Decision Date
Aug 31, 2005
Arthur C. Yap, Secretary of the Department of Agriculture, issues guidelines for the importation of live cattle from Brazil, ensuring compliance with animal health standards, veterinary quarantine protocols, and specific conditions to safeguard public health and safety.

Legal basis, policy, and purpose

  • The Secretary issues the Order by the power vested by law.
  • The Order establishes accreditation and sanitary controls to ensure compliance with OIE and SPS concerns tied to human and animal health and safety.
  • The Order directs DA to impose temporary import bans during emergency cases/situations to secure and protect human and animal health/life.
  • The Order links enforcement and confiscation to protection of public health and the local animal population.

Defined coverage and regulated goods

  • Section II(A) covers only meat and/or meat products referred to in Annex “A”, as defined in Section I (M) and (N).
  • Section II(B) covers all importations of meat and/or meat products into the Philippines for direct consumption, repacking and relabeling/rebranding, processing and manufacturing, marketing and distribution, and/or re-export.
  • Transshipped meat and/or meat products into the Philippines are not covered by this Order under Section II(C).
  • The Order applies to importation from accredited exporters/FME and regulates the VQC/SPS Clearance and subsequent border control workflow.

Accreditation for Brazil—live cattle conditions

  • Brazil is accredited to export live cattle into the Philippines subject to conditions 1–5.
  • Importation must follow minimum requirements set by OIE, especially regarding List A and B diseases present in Brazil, under condition 1.
  • Only cattle from FMD-free areas of Brazil are allowed for importation under condition 2.
  • Imported cattle are allowed only to FMD endemic areas in the Philippines where vaccination is practiced under condition 3.
  • A separate protocol governs importation of feeder and breeder cattle; feeder cattle imported for slaughter purposes only and shall not be used as breeder animals under condition 4.
  • A veterinary quarantine officer from the Philippines must conduct a pre-shipment quarantine of at least thirty (30) days and witness loading at the port of embarkation to examine clinical signs and other necessary documents under condition 5.
  • All importation of live cattle must be accompanied by a Veterinary Quarantine Clearance (VQC) signed by the Secretary of DA or a duly authorized representative and supported by compliance with DA rules and regulations.

VQC/SPS clearance: application and issuance

  • Section III(A) requires that prior to importation from the country of origin, an accredited importer must first secure a VQC/SPS Clearance from BAI.
  • Section III(A) provides that the DA may review and modify this provision based on compliance performance of importers and FMEs.
  • The accredited importer applicant must submit (1) a duly accomplished application form indicating/certifying the nature of the application and disclosing that the meat/meat products are still in the country of origin and have not been boarded to a vessel/aircraft, (2) the relevant pro-forma invoice, and (3) the necessary application fees to BAI under Section III(B).
  • Section III(C) limits processing/receipt of the application and VQC to the president/CEO/general manager of the firm or authorized representatives.
  • Section III(D) requires BAI, in consultation with NMIS as appropriate, to issue VQC only after determining: absence of relevant diseases/pests/contaminations in relevant areas including production, slaughtering, processing, packing, canning, loading/boarding, transportation, and route of vessel/aircraft; FME good standing; importer good standing; risk management conditions based on OIE and Codex; and other SPS-relevant factors.
  • Section III(E) requires BAI to approve/disapprove within 5 working days from receipt of complete application documents, and the approved VQC must contain the BAI seal and the signature of the BAI Director.
  • Section III(F) requires the importer to immediately provide the exporter a copy of the approved VQC (electronic copy or facsimile), which becomes the basis for health/safety for the issuance of IVC by the NVA at the country of origin.
  • Section III(G) provides VQC validity of 60 days without extension from date of issuance; shipments beyond validity are illegal and are subject to confiscation and disposition under Section X.
  • Section III(H) provides that VQC is not transferable and shall be used only by the consignee for whom it is issued.
  • Section III(I) limits receipt of the approved VQC to the president/CEO/general manager and authorized representatives of the importing firm.
  • Section III(J) requires strict adherence to the One Shipment/BILL OF LADING—Per VQC Policy, such that a VQC may be used only for the shipment described; any shipment in violation is unlawful and subject to Section X, and the importation is a violation subject to Section XI penalties.
  • Section III(K) prohibits issuing a VQC after the shipment has left the port of origin; any misrepresentation of that fact makes the VQC invalid and the importation illegal subject to Section X.

Personal/non-commercial importation rule

  • Importation of fresh, frozen and uncooked meat products for personal and non-commercial consumption is not allowed unless covered by a valid VQC and IVC under Section IV.

General requirements on exporters and handling

  • Only FMEs recognized by the National Veterinary Administration of the exporting country may export into the Philippines under Section V(A).
  • Recognition by local/provincial/regional veterinary authorities at the country of origin is not recognized by DA under Section V(A).
  • Only accredited importers may file for VQC and import from FMEs under Section V(B).
  • The accredited importer must ensure the exporter has received the approved VQC/SPS Clearance copy before shipment/boarding under Section V(C).
  • The accredited importer must ensure the shipment date on the Bill of Lading/Airway Bill is not earlier than the VQC issuance date under Section V(D).
  • The seal of the container must be maintained throughout the chain of importation; transshipment or passing through other ports does not validate VQC/IVC unless the original seal has been broken under Section V(E).

Temporary import ban and emergency measures

  • In emergency cases/situations, DA may impose a temporary import ban on importation of relevant meat and/or meat products from relevant areas/regions/countries to secure and protect human and animal health/life under Section VI(A).
  • In promulgating an import ban, DA shall: (1) suspend issuance of VQC for relevant applications, (2) cancel/revoke all relevant VQCs issued, (3) suspend all relevant shipments, and (4) confiscate all relevant shipments and dispose them under Section X under Section VI(A).
  • Emergency cases/situations include: (1) outbreak of any relevant OIE notifiable disease, (2) danger/occurrence of contamination (e.g., dioxin contamination), and/or (3) other cases important to public health and safety as determined by DA under Section VI(B).
  • In imposing a ban, DA must consider: OIE, WHO, and/or Codex recommendations; sufficiency of risk management and communication measures by the exporting government; presence/importance of diseases/contaminations/other public-health cases in the source country/part of the country; DA risk assessment results based on readily available information; and other circumstances warranting a ban under Section VI(C).
  • The temporary import ban must be lifted considering: OIE, WHO, and/or Codex recommendations; sufficiency of exporting-government risk management and communication; DA risk assessment results; and other considerations warranting resumption under Section VI(D).
  • If emergency cases do not necessarily require immediate banning, DA may institute extra/additional measures apart from regular measures/standards/requirements to ensure safety and wholesomeness of meat/meat products from the relevant area/region/country under Section VI(E).

Packing, labeling, and labeling language

  • The accredited importer must ensure direct-contact packing materials/containers are food grade quality based on Codex or equivalent standards determined by DA under Section VII(A).
  • All wood packaging materials must be treated in accordance with ISPM No. 15 under Section VII(B).
  • All food additives/preservatives must be declared in the label as applicable under Section VII(C).
  • Packaging must include minimum labeling requirements including: registered trade name of exporter or brand name; business name and address of exporter; country of origin; lot identification; product description and list of ingredients; net quantity (weight/measure/count rounded to nearest tenths, in the METRIC SYSTEM); date of manufacture and packaging; date of minimum durability (best before) or expiration date; and handling/storage instructions under Section VII(D)(1–9).
  • Labels on each box/packaging must be written in English or Filipino, and each character must not be less than 2.5 mm for pre-printed/stamped text and 5 mm for stenciled/hand-painted text under Section VII(E).

Border control inspection, releases, and cold storage timing

  • Border control is required for all shipments of meat/meat products under Section VIII(A).
  • The importer/consignee or authorized representative must submit required documents to the Veterinary Quarantine Officer (VQO) to ensure timely initiation and completion of veterinary and meat inspection/clearance under Section VIII(A).
  • Upon arrival, the shipment is subject to documentary verification and evaluation and veterinary inspection by DA; the BOC releases the shipment only after completion of mandatory activities and clearances under Section VIII(B).
  • The VQO must verify authenticity/validity/accuracy of VQC (original), IVC (original), Bill of Lading/Airway Bill, and Packing List, subject shipment to quarantine inspection and documentation, reseal container vans carrying the goods, issue/sign the Veterinary Quarantine and Meat Inspection and Laboratory Certificate (VQMILC) and stamp “INSPECTED AND PASSED FOR TRANSFER TO NMIS ACCREDITED COLD STORAGE”, issue official receipt for DA inspection fees, and endorse the original VQMILC and shipment to NMIS for meat inspection/laboratory analysis under Section VIII(C).
  • After transfer to any DA-accredited cold storage facility/warehouse/port of inspection, NMIS must immediately designate and dispatch an NMIS Inspector and conduct meat inspection within 24 hours, verify VQMILC integrity and BAI seal integrity under Section VIII(D)(1–2).
  • NMIS must complete inspection and/or laboratory analysis within specified timelines under Section VIII(D)(3):
    • one(1)-day (inspection) when the FME is in “Good Standing” as defined in Section I(l).
    • five (5)-day (inspection and laboratory analysis) when the supplier/product is New Product Supplier (NPS), when an FME is delisted as FME in “Good Standing” by DA, or when any emergency under Section VI(B) occurs at the source or transshipment routes/ports.
  • NMIS must sign the endorsed VQMILC only if NMIS inspection/test results are satisfactory under Section VIII(D)(4).
  • The completed original VQMILC is given to the BOC (with copy furnished to BAI and importer), becoming the basis for final liquidation of importation documents; this does not preclude the importer from utilizing the shipment under Section VIII(D)(5).

Post-border sanitary rules and traceability

  • All imported meat/meat products are subject to further relevant DA meat and meat products safety rules and regulations to ensure quality/safety consistency and traceability under the Meat Inspection Code of the Philippines (Republic Act 9296) under Section IX.

Confiscation, refusal, and disposition rules

  • Imported meat/meat products without VQC are refused admission/entry prior to unloading and exported; if they enter the customs territory, they are seized and destroyed at the importer’s expense under Section X(A).
  • Imported meat/meat products are confiscated when violations compromise the integrity of the Risk Management Measures/Policy (RMP) or directly pose serious health and safety risks under Section X(B).
  • At the port of entry, BOC confiscates upon quarantine officer recommendation under Section X(B.1) for: broken container seat; lack of valid VQC; lack of IVC issued by NVA; quantity/volume exceeding approved VQC/IVC by more than three (3%) per item (confiscation applies only to excess above the allowable limit); not sourced from an accredited FME; slaughter not from DA approved area/region/country; false claims/misrepresentation/misbranding evidenced by mislabeling; arrival beyond date of minimum durability/expiration; non-conforming labeling under Section VII(C)(1–9); infection by any OIE Lists A and/or B disease; and other deliberate violations including refusal to access/secure pertinent shipment documents.
  • At cold storage/warehouse/port of inspection, BOC confiscates upon NMIS inspector recommendation under Section X(B.2) for: BAI seal broken/removed not by NMIS inspector; use/processing/marketing/distribution without VQMILC; presence of any disease-causing organism; presence of toxic/deleterious substance injurious to health; presence of added toxic/deleterious substance beyond allowed food additives/color additives and contaminants beyond established tolerance; filthy/putrid/rotten/decomposed substances or foreign matter/unfit for human consumption; poisonous/deleterious substances in packaging materials in direct contact; other violations posing risks to human and animal health/life; and other deliberate violations including refusal to access/secure pertinent shipment documents.
  • Shipments violating Section X(B.1) are confiscated and destroyed jointly by BOC and DA under Section X(C).
  • The importer/consignee bears confiscation and disposition expenses under Section X(D), including destruction, storage, and labor.
  • Violations committed by FMEs at the country of origin are a basis for possible cancellation of their accreditation under Section X(E).

Seizure and modification pathway

  • DA must seize and hold imported meat/meat products in abeyance at the port of entry or any DA-accredited cold storage facility when the shipment is inappropriately labeled under Section VII(C)(1–9), provided the violation does not constitute misrepresentation/misbranding/false claims or other deliberate acts; otherwise the shipment is confiscated and disposed of under Section X under Section XI(A).
  • Release and utilization depend on the consignee’s compliance with DA-required modification measures, provided the held shipment does not violate Section X(B); otherwise it is confiscated and disposed of under Section XI(B).

Penalties and liability for violations

  • Non-compliance with Sections III(A to I) and Sections VII(A to D), and shipments contravening Section III(K) are violations, with the responsible shipper/consignor/importer subject to Section XII penalties under Section XII(A).
  • Violators are penalized under Article 19 (Penalty), Chapter I, Title II of Republic Act No. 7394 (Consumer Act of the Philippines, issued 13 April 1992) and/or, in fraudulent/unlawful importation cases, under Section 3601 of the Tariff and Customs Code under Section XII(B).
  • Public officials/employees who directly or indirectly participate in commission of an offense or any act resulting in violation—specifically including violations of Sections III(D, E and I) and Sections VIII(B, C and D)—are held administratively and/or criminally liable under the Anti-graft Law, Civil Service Law, Rules and Regulations, and the Code of Conduct and Ethical Standards for Public Officials and Employees under Section XII(C).

Repeal, separability, and transitory rules

  • The Order repeals/modifies existing inconsistent rules and regulations under Section XIII(A).
  • The Order expressly repeals AO 16 (April 2000), AO 39 (October 2000), and AO 56 (December 2000) governing importation rules, regulations, guidelines, and standards for meat and meat products under Section XIII(B).
  • The Order’s provisions are separable under Section XIV; if any provision is held unconstitutional, validity of other provisions is not affected.
  • In-transit shipments shipped out from the country of origin prior to effectivity are subjected to AO 39 and AO 56 under Section XV(A).
  • Existing importers and exporters are subject to review and assessment of accreditation status, and DA shall issue supplementary guidelines and rules on accreditation under Section XV(B).

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