Legal basis and policy intent
- The Secretary issues the Order in accordance with the Consumer Act of the Philippines and Section 18, Chapter 4, Title IV, Book IV of Executive Order No. 292.
- The Order is justified by outbreaks and contaminations (including Foot and Mouth Disease, Mad Cow Disease (BSE), Avian Influenza, dioxin, and others) in countries where the Philippines sources meat and meat products.
- The Order requires integrated, rationalized, improved, and transparent importation rules to prevent entry of disease-carrying, contaminated, and/or adulterated meat and meat products.
- The goal is to protect the lives and safety/health of the consuming public and avoid serious economic consequences on the livestock and poultry industry.
Core definitions under the Order
- “Meat” means fresh, chilled, or frozen part of carcass, including edible offal derived from cattle, buffalo, pig, poultry, goat, sheep, and horse, excluding meat derived from marine animals and meat from prohibited animals under CITES.
- “Meat Products” means meat (as defined) subjected to treatment by cooking, drying, salting, brining, or smoking.
- “Qualified Importer” means any NMIC-accredited processor, traders, hotels, resorts, restaurants, supermarkets, among other entities dealing with the same, with a valid Veterinary Quarantine Clearance issued by the DA.
- “Qualified Exporter” means the owner of the foreign meat plant accredited by the DA and recognized/accredited by the government veterinary authority of the exporting country.
- “International Veterinary/Health Certificate” means a certificate issued by the authorized government veterinary authority/officer of the country of origin attesting that the goods conform to the sanitary/veterinary requirements/standards of the Philippines prescribed in the DA Veterinary Quarantine Clearance.
- “Veterinary Quarantine Clearance (VQC)/SPS Import Permit” means a DA document that sets quarantine and laboratory procedures and conditions for exporting country controls prior to shipment.
- “Adulterated Food” includes meat and meat products that (1) bear or contain poisonous or deleterious substances that may render them injurious to health (with an exception when not an added substance and the quantity does not ordinarily render the food injurious to health); (2) bear added poisonous or deleterious substances other than pesticide chemicals, food additives, and color additives with established tolerances and conformity to tolerances; (3) consist of filthy, putrid, or decomposed substance or are otherwise unfit for human consumption; (4) are prepared/packed/held under unsanitary conditions that may contaminate or render injurious; (5) are products of deceased animals or animals that died other than by slaughter; or (6) have containers made, in whole or in part, of poisonous or deleterious substances that may render contents injurious.
- “Substandard” means meat and meat products that (1) omit/abstract valuable constituents and substitute them with any healthful equivalent; (2) add/replace any substance with something other than a valuable constituent; (3) conceal damage or inferiority; or (4) have added substances packed to increase bulk/weight, reduce quantity/strength, or make them appear of better/greater value than they actually are.
Covered products and authorized parties
- This Order covers only meat and meat products referred to in Annex A and defined in Section 1 (A) and (B).
- Importation is governed for meat and meat products falling within the specified tariff heading commodities in Annex A.
- Qualified exporters are owners of foreign meat plants accredited by the DA and recognized/accredited by the exporting country’s veterinary authority.
- Qualified importers are NMIC-accredited entities that hold a valid VQC issued by the DA.
Country-of-origin requirements and disease control
- A qualified exporter must secure a copy of the approved VQC/SPS Import Permit before shipping meat and/or meat products into the Philippines.
- Each shipment must be accompanied by an International Veterinary/Health Certificate issued by the federal/national government veterinary authority of the country of origin attesting conformity with Philippine veterinary conditions/requirements.
- Only frozen meat slaughtered within 3 months is allowed for exports to the Philippines.
- The government veterinary authority in the exporting country must submit a monthly report on disease conditions (based on OIE format) to the Bureau of Animal Industry (BAI).
- The exporting government veterinary authority must report any outbreak of OIE notifiable diseases to the BAI as soon as possible, but not exceed a week from confirmation.
- An outbreak of a disease causes a temporary ban on exportation of affected meat and/or meat products into the Philippines.
- Lifting of the temporary ban depends on OIE recommendations/advisory and the measures taken by the exporting government veterinary authorities and the exporter.
VQC/SPS permit processing and timelines
- A qualified importer seeking to import must submit a verified (notarized) application and required documents in Annex B for a VQC/SPS Import Permit to the Office of the Director, BAI, for consideration and Secretary of Agriculture approval prior to shipping.
- The BAI, in consultation with NMIC as necessary, evaluates the application and may approve the VQC when documents are complete and in order.
- Approved VQC bearing the BAI seal and the Secretary’s signature is released upon payment of the necessary fee.
- The BAI issues a VQC per container van for the meat and/or meat products to be imported.
- Each issued VQC is valid for one shipment.
- Each VQC is valid for 3 months from the date of issue.
- A 30-day extension must be secured when the shipment is already made within the VQC validity period but will arrive during expiration.
- For an extension, the original VQC must be surrendered to the BAI for evaluation and extension, and the extended VQC is released upon payment of the necessary payment fee.
Importer operational duties and inspection system
- At least 3 days prior to expected arrival, the importer must inform the BAI by submitting an accomplished Notice of Arrival including kind of meat and meat products, volume/quantity, source/country of origin, carrier (flight/voyage no.), and port of entry.
- A shipment without an approved VQC is illegal and is subject to Section VII (Disposition).
- Every shipment must be accompanied by an International Veterinary/Health Certificate written/transcribed in English, based on the OIE format, bearing/containing the seal of the issuing agency and the VQC number where the shipment is based.
- The imported volume (in the metric system) must not exceed the volume indicated in the approved VQC.
- If the shipment volume exceeds the VQC volume, the excess is confiscated.
- Upon arrival at the BOC and presentation of required documents (including the original VQC and International Veterinary/Health Certificate), the shipment is subject to BAI veterinary quarantine inspection, evaluation, and clearance prior to BOC clearance and release.
- If the shipment conforms to BAI veterinary quarantine/inspection requirements and fees are paid, the BAI releases the goods and provides the NMIC a copy of the Notice of Release not later than a day of issuance.
- After BOC release and transfer to the importer’s cold storage/warehouse/processing plant, the NMIC conducts meat inspection and laboratory analysis for diseases and whether drug residues, harmful substances, additives, contaminants, toxins, microbes, and other matters conform with Philippine standards/requirements.
- The importer must submit the NMIC copy of VQC, International Veterinary/Health Certificate, Commercial Invoice, Bill of Lading, and Packing List for NMIC inspection and analysis.
- The importer is prohibited from transferring to other warehouses/facilities, modifying, using, distributing, or selling the goods without NMIC inspection and laboratory analysis clearance.
- Any violation of the prohibition renders the shipment illegal and subject to Section VII.
- Once cleared by NMIC inspection and laboratory procedures, the NMIC issues a Foreign Meat Inspection Clearance upon payment of the necessary fees.
- The shipment cleared by NMIC remains subject to periodic inspection and examination to ensure consistency of quality and safety.
Labeling, packing, and container standards
- All packing materials and containers must be of food grade quality.
- The packaging and label must contain, among others:
- Correct and registered trade names or brand name;
- General make or active ingredients;
- Net quantity of contents (weight, measure, or numerical count) rounded to at least the nearest tenths in the metric system;
- Country of origin;
- Handling and storage instructions;
- Product classification;
- Marked “FOR EXPORT TO THE PHILIPPINES”;
- Names and address and plant number of the manufacturer and exporter;
- Date slaughtered/manufactured and expiry date;
- Lot number/production number; and
- Language used in Filipino or English.
Disposition of confiscated goods
- Imported meat and meat products are confiscated if any of the following exist:
- Imported prior to issuance of the VQC/SPS Import Permit by the DA;
- No VQC issued by the DA upon arrival;
- No International Veterinary/Health Certificate from the authorized government veterinary authority/officer of the country of origin;
- The International Veterinary/Health Certificate does not indicate the VQC number issued in the Philippines and/or does not comply with Philippine requirements;
- Determined injurious, unsafe, and dangerous to health/life;
- Sourced from countries where importation is banned or from countries with disease outbreaks or contamination;
- Sourced from an unaccredited meat plant/facility by the DA;
- Not intended for the Philippines, evidenced by absence of “FOR EXPORT TO THE PHILIPPINES” marking;
- Importer refused access to pertinent importation records/documents and/or refused inspection by authorized BAI and NMIC inspectors;
- Adulterated as defined in Section 1 (I);
- Removed, transferred to other warehouse, altered, used, or distributed/sold without NMIC meat inspection clearance;
- Volume exceeds that indicated in the approved VQC;
- Determined substandard as defined in Section 1 (J); and/or
- Mislabeled.
- If confiscated under Section VII (A), 1 to 10, the goods are returned to the country of origin or re-exported to other country/ies at the owner/importer’s expense in coordination with the BOC.
- Confiscated goods under Section VII (A), 1 to 10 may be destroyed if the importer applies and, within a reasonable time, the owner or consignee fails to export, and the DA may permit destruction in consultation with the BOC.
- Expenses related to destruction and storage, cartage, or labor for refused admission are paid by the owner/importer.
- Failure of the owner to pay expenses constitutes a lien (blacklisting) against future importation by the same owner.
- If confiscated under Section VII (A), 11 to 14 and/or violations of the Order not compromising human and animal health and safety, disposition follows BOC rules subject to DA quarantine and inspection system.
Penalties and compliance consequences
- Violators are penalized under Article 19 (Penalty), Chapter I, Title II of Republic Act No. 7394, otherwise known as the Consumer Act of the Philippines, issued 13 April 1992.
Repeal, separability, and administrative completeness
- Inconsistent existing rules and regulations are modified, revoked, or repealed accordingly.
- The provisions are separable; if one or more provisions are held unconstitutional, the validity of the remaining provisions is not affected.
Annex A commodities covered
- Heading 02.01 covers Meat of bovine animals, fresh or chilled.
- Heading 02.02 covers Meat of bovine animals, frozen.
- Heading 02.03 covers Meat of swine, fresh, chilled or frozen.
- Heading 02.04 covers Meat of sheep or goats, fresh, chilled or frozen.
- Heading 02.05 covers Meat of horses, asses, mules or hinnies, fresh, chilled or frozen.
- Heading 02.06 covers Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen.
- Heading 02.07 covers Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen.
- Heading 02.08 covers Other meat and edible meat offal, fresh, chilled or frozen.
- Heading 02.09 covers Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled or frozen.
- Heading 02.10 covers Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal.
- Heading 16.01 covers Sausages and similar products; of meat, meat offal or blood; food preparations based on these products.
- Heading 16.02 covers Other prepared or preserved meat, meat offal or blood.
Annex B requirements for VQC issuance
- Meat Processors must submit: (1) license to operate a business, DTI or SEC registration; (2) NMIC accreditation of processing plants; (3) letter of request to the BAI Director (3 copies); (4) accomplished application form to import meat and meat products; (5) pro-forma invoice for the supplier (3 copies); (6) inspection of warehouse/processing plant; (7) layout of processing plant/warehouse; and (8) company’s letter of authority for official liaison officer/s with ID picture (permanent and alternate).
- Meat Traders must submit: (1) license to operate a business, DTI or SEC registration; (2) Mayor’s permit; (3) letter of request to the BAI Director (3 copies); (4) accomplished application form; (5) pro-forma invoice for the supplier (3 copies); (6) inspection of warehouse/storage facility; (7) layout of processing plant/warehouse; (8) copy of lease contract of storage; and (9) company’s letter of authority for official liaison officer/s with ID picture (permanent and alternate).
- Hotels, Resorts, Restaurants, Supermarkets, Duty-Free Shops and Other Entities Dealing with the Same must submit: (1) license to operate a business, DTI or SEC registration; (2) DOT accreditation (except for supermarkets); (3) letter of request to the BAI Director (3 copies); (4) accomplished application form; (5) pro-forma invoice for the supplier (3 copies); (6) inspection of warehouse/storage facility; (7) layout of warehouse/storage facility; (8) company’s letter of authority for official liaison officer/s with ID picture (permanent and alternate); and (9) Clark Development Corporation or Subic Metropolitan Authority accreditation certificate, as the case may be.