IRR of Animal Welfare Act

Section 3 of Republic Act No. 8485 authorizes the Director to call upon any government agency for assistance consistent with its powers, duties, and responsibilities to ensure effective and efficient implementation.
Section 5 of Republic Act No. 8485 creates a Committee on Animal Welfare, attached to the Department of Agriculture, subject to the approval of the Secretary, and tasks it to issue necessary rules and regulations, including setting safety and sanitary standards, within thirty (30) calendar days following its approval.
Rule 2 of these IRR operationalizes the implementation focus by facilitating rules for registration, inspection and monitoring of multiple categories of animal-related establishments and activities under Sections 1, 2, 3, 4, 6, 7 and 8 of Republic Act No. 8485.
The Secretary’s animal welfare machinery and drafting process culminate in these IRR, after multisectoral, inter-office, and inter-departmental committee work and stakeholder conferences and hearings.

These IRR exist to ensure strict implementation of Republic Act No. 8485 through implementing mechanisms, rules development, and enforcement structures.
The IRR direct organizational creation and operational steps that support registration, inspection, monitoring, and animal welfare data management across covered establishments and activities.
The IRR structure implementation by (1) creating task forces to formulate detailed rules for specified purposes and (2) creating a specialized BAI unit to enforce and manage the system.

Rule 2 creates several task forces to formulate various rules and regulations needed to facilitate implementation of Sections 1, 2, 3, 4, 6, 7 and 8 of Republic Act No. 8485.
The task forces cover rule formulation for the registration, inspection and monitoring of pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards corral, stud farms or stock farm, or zoo for these activities: breeding, animal experimentation, treatment, sale or trading, training and transport of animals.
The task forces must be composed of representatives from the concerned agencies and organizations.
The Committee reviews the task forces’ outputs for recommendation to the Secretary.
Upon Secretary approval of the various rules and regulations, the Task Forces cease to exist.
Annex “A” governs the composition of the task forces.

Rule 3 requires the Secretary to organize a division in the BAI called the Animal Welfare Division (the Division) to implement Sections 1, 2, 3, 4, 6, 7 and 8 of Republic Act No. 8485.
The Division shall enforce rules and regulations formulated by the Committee and approved by the Secretary to implement Republic Act No. 8485.
The Division shall establish an Inspection and Monitoring System to ensure effective implementation of Republic Act No. 8485.
The Division shall establish and maintain a database surveillance and management information system on animal welfare in the country.
The Division shall conduct researches and surveys to support the registration, inspection, and monitoring system.
The Division shall levy and collect fees for its registration, inspection and monitoring system.
The Division shall deputize personnel from regional field units, local government units, and certain veterinary professionals to assist in implementing the Act.
The Division shall act as Secretariat to the Committee and shall prepare Terms of Reference, Workplan and Budget for approval and financing by the Secretary.

Rule 4 sets the IRR effectivity at seven (7) calendar days after publication in a newspaper of general circulation.
Rule 5 repeals or modifies inconsistent existing rules, regulations, orders, circulars, memoranda, or parts thereof previously issued by the Department.
Rule 6 provides separability: if any provision or portion is declared unconstitutional by a competent court, other unaffected provisions or portions continue in full force and effect.