Title
Supreme Court
Rules on Importation of Frozen Fish for Wet Markets
Law
Fisheries Administrative Order No. 259, S. 2018
Decision Date
Sep 17, 2018
To address declining local fish production and ensure food security during closed fishing seasons and calamities, the Department of Agriculture allows the regulated importation of frozen fish and fishery products for wet markets, mandating compliance with stringent food safety standards and documentation.

Law Summary

Scope and Legal Basis

  • Importation allowed during closed/off-fishing seasons and calamities
  • Implemented under Sections 61(c), 61(d), 62, 67, and 105 of RA 8550 as amended by RA 10654
  • Compliant with Republic Act 10611 (Food Safety Act of 2013)

Definitions (Section 1)

  • Detailed definitions for terms like Application Form to Import (AFI), Chilled Fish, Consignment, Closed Fishing Seasons, Fish and fishery/aquatic products, Frozen fishery/aquatic products, International Health Certificate, Off-fishing Season, Sanitary and Phytosanitary Import Clearance (SPSIC), Wet Market

Designation of Trading Venues (Section 2)

  • Imported fish must be traded at government fish ports of PFDA or designated markets where no PFDA port exists
  • Importers must provide supporting documents including International Health Certificate, SPSIC, Certificate of Origin, Customs documents

Transport Clearance (Section 3)

  • Transport Clearance from PFDA required before moving imported fish from government fish ports or designated trading areas
  • Clearance includes information on importer, shipper, trader, market destinations, and suggested retail price
  • Only retailers with valid PFDA business permits can get clearance

Maximum Importable Volume (MIV) (Section 4)

  • Monthly import volumes set by DA Secretary upon BFAR and PFDA recommendation, consulting NFARMC
  • Based on historical production, demand, and price trends
  • Species and volume allocations may be prescribed by the DA Secretary

Qualified Importers (Section 5)

  • Importers must be members of organizations/associations from commercial fishing sector or registered fisheries associations/cooperatives, existing at least 3 years before the order
  • 80% of MIV allocated to commercial fishing sector members
  • Importers for canning/processing or institutional buyers excluded from wet market importation

Importers Registration (Section 6)

  • Required registration with PFDA including submission of documents like Letter of Intent, business registration, permits, tax IDs, details of cold storage facility, PFDA business permit
  • PFDA forwards registration to DA-BFAR within 48 hours
  • Importer bears registration costs

Application to Import (Section 7)

  • Application Form to Import filed with BFAR Director at least five days prior to importation
  • Non-refundable application fee (P150.00)
  • Required attachments include commercial invoice, International Health Certificate, disposition report for repeat imports

Issuance of Sanitary and Phytosanitary Import Clearance (SPSIC) (Section 8)

  • Issued by Secretary of Agriculture or authorized representative
  • SPSIC fee of P1,500 plus other administrative/technical fees
  • Covers mandatory standard microbiological testing; additional lab tests charged separately
  • Valid for 45 days

Import Requirements and Standards (Section 9)

  • Must have International Health Certificate and supporting lab tests meeting heavy metals, microbial, antibiotic residue limits
  • Packaging under hygienic conditions; labeling in English with country of origin, species, fishing ground, net weight, processor, lot code
  • Proper storage and transport temperatures specified for chilled and frozen products
  • Thorough inspection at port entry including document verification, physical inspection, sensory and microbiological tests
  • Non-compliant shipments returned or forfeited to government

Interagency Task Force for Monitoring (Section 10)

  • Composed of DA, DTI, DILG, NBI, Bureau of Customs, PFDA
  • Monitors importation, trade, sale, handling, pricing, storage, hoarding
  • Chaired by Secretary of Agriculture

Penalties (Section 11)

  • Unlawful importation subject to administrative fines of 5 times value or P300,000 to P500,000, whichever higher
  • Forfeiture and destruction of products
  • Criminal penalties include 8 years imprisonment and fines
  • Shipping companies cooperating with investigations presumed not liable; failure to cooperate presumes conspiracy
  • Disqualification from fisheries sector membership
  • Charges may be filed under related laws

Suspension of Importation (Section 12)

  • Secretary of Agriculture may suspend importation if necessity ceases during closed/off-fishing seasons after consultation with FARMC

Repealing Clause (Section 13)

  • Repeals inconsistent existing orders, rules, regulations

Separability Clause (Section 14)

  • Invalid provisions do not affect remainder of the Order

Effectivity Clause (Section 15)

  • Effective 15 days after publication and registration with the Office of the National Administrative Register

This comprehensive framework regulates the importation of frozen fish and fishery/aquatic products destined for wet markets during periods when local fishing is restricted to ensure supply, protect food safety, and promote sustainable fisheries management.


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