Ordenanza Administrativa del Departamento de Agricultura N° 28, Serie 2005, Reglas y Regulaciones Implementando la Ley de la República N° 9296 conocida como el Código Filipino de Inspección de la Carne, Filipinas, WIPO Lex

Textos principales

Inglés DA-Administrative Order No. 28, Series of 2005, Implementing Rules and Regulations (IRR) of RA 9296 known as the Meat Inspection Code of the Philippines

Implementing Rules and Regulations (IRR) of RA 9296 known as the Meat Inspection Code of the Philippines

Republic of the Philippines

DEPARMENT OF AGRICULTURE

Office of the Secretary

Elliptical Road, Diliman, Quezon City 1100

Philippines

DA-Administrative Order No. 28 Series of 2005.

SEC. 1. Short Title. – T his Act shall be known as The Mea t Inspection Code of the Philippines.“

Rule 1.1 These Rules shall be known and cited as the Implementing Rules and Regulations (IRR) of RA 9296 known as the Meat Inspection Code of the Philippines;

Rule 1.2 These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Meat Inspection Code of the Philippines to facilitate compliance and achieve the objectives thereof.

CHAPTER I DECLARATION OF POLICY AND DEFINITIONS

SEC. 2. Declaration of policy. – It is hereby the policy of the State:

a. to promulgate specific policies and procedures governing the flow of food animals, meat and meat products through the various stages of marketing and the proper preservation and inspection of such products;

b. to ensure food security and provide safety and quality standards for customer products related to agriculture to assure the protection of the public against unreasonable risks of injury and hazard to health;

________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 1/59

IMPLEMENTING RULES AND REGULATIONS PURSUANT TO REPUBLIC ACT NO. 9296, OTHERWISE KNOWN AS “THE MEAT INSPECTION CODE OF THE PHILIPPINES.”

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c. to support local government units in their endeavor to be self-reliant and to continue exercising the powers and discharging the duties and functions currently vested upon them;

d. to strengthen and harmonize various issuances on meat establishment operations and meat inspection and at the same time create a favorable climate of investment to encourage the meat and poultry industry to put up world-class meat establishments;

e. to promote the application of risk analysis based on accepted scientific methodology on applied food safety standards so as to assure a safe and wholesome meat supply ;

f. to support the development of the livestock and poultry industry and promote animal health by preventing the entry of disease-carrying animals, and surveillance of zoonotic and report able diseases in meat establishments; and

g. to strengthen existing rules and regulations governing meat importation to make them comprehensive, clear and transparent and ensure the safety and quality of imported meat and meat products through inspection and documentation .

SEC. 3. Principles and Objectives.- The State shall ensure the protection of human and animal health against direct and in direct hazards, and in particular the protection of: a. Consumers against zoonotic diseases, meat-borne infection , intoxication

and hazards associated with residue from treatment or exposure of the slaughter animal;

b. Meat handlers against occupational zoonoses;

c. Livestock against the spread of infections, intoxications and other diseases of socioeconomic importance as detectable at meat inspection and as consistent with the relevant animal health regulations; and

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d. Consumers and the meat processing industry against economic losses from meat of inferior quality or abnormal properties.

SEC 4. Definition of Terms. - As used in this Code, the following terms, words and phrases shall be construed to mean as follows:

1. Abattoir or slaughterhouse – premises that are approved and registered by the controlling authority in which food animals are slaughtered and dressed for human consumption.

2. Accredit - the power of the National Meat Inspection Service (NMIS) to give authority to (a) any meat establishment engaged in the slaughtering operation, preparation, processing, manufacturing, storing, or canning of meat and meat products for commerce, (b) any importer, exporter, broker, trader or meat handler; (c) any meat vehicle or conveyance; (d) any person, firm , corporation as provider of government services such as independent or third party service providers, or independent inspection or audit agencies.

3. Adulterated - carcasses, or any part thereof, whether meat or meat product under one or more of the following categories:

a. if it bears or contains any poisonous or deleterious substance which may render it injurious to health of the public; but in case the substance is not an added substance, such meat and meat product shall not be considered adulterated under this clause if the quantity of such substance does not ordinarily render it injurious to health of the public;

b. if it bears or contains any added poisonous or deleterious substance other than one which is (i) a pesticide chemical in or on a raw agricultural commodity (ii) a food additive, (iii) a color additive, for which tolerances have been established and it conforms to such tolerances;

c. if it consists in whole or in part of a filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

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d. if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby, it may have been rendered injurious to the health of the public;

e. if it is, in whole or in part, the product of a diseased animal or of an animal which has died other than by slaughter;

f. if its container is composed, whole or in part, of any poisonous or deleterious substance which may render the contents injurious to public health ;

g. if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with an existing regulation or exemption;

h. if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed there with so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;

i. if it has not been prepared in accordance with current acceptable manufacturing practice as promulgated by the Secretary by way of regulations; or

j. if it has passed its expiry date.

4. Board - the Meat Inspection Board of the NMIS as created under Section 6 hereof.

5. Canning - the preservation of meat in hermetically sealed containers.

6. Capable of Use as Human Food - shall apply to any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans.

7. Carcass - the body of any slaughtered animal after bleeding and dressing.

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8. Commerce - meat trade between a province within the Philippines and any place outside thereof.

9. Controlling authority - the official authority charged by the government with the control of meat hygiene and meat inspection.

10. Deputation - the authority of the NMIS to allow inspectors and meat control officers employed by the local government units to perform the duties of an inspector or meat control officer of the NMIS.

11. Disease or Defect - a pathological change or other abnormality.

12. Firm - any partnership, association, or other unincorporated business organization.

13. Fit for Human Consumption - meat that has passed and appropriately branded by an inspector as safe and wholesome and in which no changes due to disease, decomposition or contamination have subsequently been found.

14. Fresh Meat - meat that has not yet been treated in any way other than by modified atmosphere packaging or vacuum packaging to ensure its preservation except that if it has been subjected only to refrigeration, it continues to be considered as fresh.

15. Food Animal - all domestic animals slaughtered for human consumption such as but not limited to cattle, carabaos, buffaloes, horses, sheep, goats, hogs, deer, rabbits, ostrich and poultry.

16. Inspected and Passed - a condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be safe, wholesome and fit for human consumption.

17. Inspected and Condemned - a condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be unsafe, unwholesome and unfit for human consumption.

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18. Inspection - an act by an official inspector to ensure compliance with rules and regulations including but not limited to humane handling of slaughter animals, ante and post mortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing program, sanitation standard operating procedures, hazard analysis critical control point program, residue control program on any meat and meat product, meat establishment facilities, transport vehicles and conveyance.

19. Inspector - a professionally qualified and properly trained officer, duly appointed by the NMIS or the local government unit for meat inspection and control of hygiene under the supervision of a veterinary inspector.

20. Label - a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.

21. Meat - refers to the fresh, chilled or frozen edible carcass including offal derived from food animals.

22. Meat Broker - any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of food animals on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation .

23. Meat Establishment - premises such as slaughterhouse, poultry dressing plant, meat processing plant, cold storage, warehouse and other meat outlets that are approved and registered by the NMIS in which food animals or meat products are slaughtered, prepared, processed, handled, packed or stored .

24. Meat Inspection System - a system to ensure the safety and quality of meat and meat products for human food including but not limited to humane handling of slaughter animals, ante-mortem and post-mortem inspection, Quality Assurance Program, Hygiene and Sanitation Program, Good Manufacturing Practices, Sanitation Standard Operating Procedures, Hazard Analysis Critical Control Point Program and Residue Control Program, of a country. It covers regulatory activities such as registration, licensing, accreditation, and enforcement of regulations and supported by laboratory examination.

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25. Meat Product - any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any food animals, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat industry, and which are exempted from definition as a meat product by the Secretary under such conditions as he may prescribed to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat products.

26. Misbranded - this term shall apply to any carcass, part thereof, meat or meat product where one or more of the following circumstances as defined under the Republic Act No.7394 (Consumer Act of the Philippines) is present:

a. if its labeling is false or misleading in any particular;

b. if it is offered for sale under the name of another meat or meat product;

c. if it is an imitation of another meat or meat product, unless its label bears, in type of uniform size and prominence, the word “imitation “ and immediately thereafter, the name of the meat or meat product imitated;

d. if its container is so made, formed, or filled as to be misleading;

e. if in a package or other container unless it bears a label showing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this sub paragraph (e), reasonable variations may be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary;

f. if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling ) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

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g. if it purports to be or is represented as a meat or meat product for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under this title unless (1) it conforms with such definition and standard, and (2) its label bears the name of the meat or meat product specified in the definition and standard and, in so far as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring ) present in such meat product;

h. if it purports to be or is represented as a meat or meat product for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under this title and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;

i. if it is not subject to the provisions of subparagraph (g), unless its label bears (a) the common or usual name of the meat product, if any there be, and (b) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and coloring may, when authorized by the Secretary, be designated spices, flavorings, and colorings without naming each: Provided, That to the extent that compliance with the requirements of clause (b) of this sub paragraph (i) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;

j. if it purports to be or is represented for special dietary use, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as determined by the Secretary, and by regulations prescribed as necessary in order to fully inform purchasers as to its value for such uses;

k. if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact: Provided, That to the extent that compliance with the requirements of this subparagraph (k) is impracticable, exemptions shall be established by the regulations promulgated by the Secretary; or

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l. if it fails to bear, directly on its container, as the Secretary may by regulations prescribe, the inspection mark or legend and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

27. Official Certificate - any certificate prescribed by the Secretary for issuance by an inspector or other person performing official functions under this chapter.

28. Official Device - any device prescribed by the Secretary for use in applying any official mark.

29. Port of Inspection - an establishment authorized or designated by the NMIS within a certain kilometer radius from the port of entry, wherein inspection and collection of samples are being conducted prior to its release for domestic distribution.

30. Prepared - slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

31. Processed - includes all methods of manufacture and preservation but does not include prepackaged fresh, chilled or frozen meat.

32. Residue - any foreign substance including metabolites, therapeutic or prophylactic agents which are objectionable or hazardous to human health remaining in the meat or meat products as a result of treatment or accidental exposure.

33. Risk Analysis - a process consisting of three (3) components that includes risk assessment, risk management and risk communication, all of which are essential to the decision making process that determines acceptable levels of risk, and the implementation of those decisions.

34. Safe and wholesome – refers to meat and meat products that has been passed as fit for human consumption using the criteria that it a) will not cause food borne infection or intoxication when properly handled and prepared with respect to the intended use, b) does not contain residue in excess of set limits, c) is free of obvious contamination, d) is free of defects that are generally as

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objectionable to consumers, e) has been produced under adequate hygiene control, and f) has not been treated with illegal sub stances as specified in this Act and in other related national legislation.

35. Secretary – refers to the Secretary of the Department of Agriculture and Chairman of the National Meat Inspection Service.

36. Veterinary Inspector or Meat Control Officer - an inspector who is professionally qualified as a veterinarian duly appointed by the NMIS or the local government unit responsible for the supervision and control of meat hygiene including meat inspection.

Rule 4.1 Other terms used in this IRR are defined hereunder:

1. Approved meat establishment - means the same as accredited meat establishment.

2. Brand - shall mean the mark, stamped on the surface of meat and meat products or attached as a label showing distinct characteristics or information for the main purpose of identification and traceability.

3. Chairperson - refers to the Secretary of the Department of Agriculture.

4. Competent Authority - means the same as controlling authority charged by the government with the control of meat inspection and meat hygiene, including setting and enforcing regulatory meat hygiene requirements pursuant to Codex Alimentarius.

5. Condemnation - means the examination and judgment of meat or meat products according to approved protocols by a competent person, or otherwise determined by the controlling/competent authority, as being unsafe or unsuitable for human consumption and requiring appropriate disposal.

6. Codex Alimentarius - is a collection of international food standards adopted by the Codex Alimentarius Commission and presented in a

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Uniform manner. It includes standards for all the principal foods, whether processed semi-processed or raw.

7. Confiscation - means the taking into custody of livestock and/or poultry carcasses, edible or inedible parts or parts from said carcasses or meat products by the controlling authority for its proper disposal for having been the subject of violation of the rules and regulations.

8. Contamination - means direct or indirect transmission of any biological or chemical agent, foreign matter or other substances not intentionally added to food that may compromise food safety or suitability.

9. Delineation - means division of functions or responsibilities among offices/units according to their respective mandates.

10. Destroyed for food purposes - means the complete alteration of meat and meat products making it unfit for human consumption.

11. Direct Supervision - means the authority and responsibility for the delivery of actual meat inspection service where the supervisor is in the premises and is quickly available and includes the accountability for the issuance of relevant inspection certificates.

12. Environmental Management - means the art and science of protecting the social and biological environment from serious and irreversible damage and managing environment in a manner that resources, capabilities and services are not degraded or impaired to a level beyond the natural carrying capacity.

13. Environmental Management Plan (EMP) - means the plan to achieve the environmental objectives and targets of a facility implementing the environmental management system. It includes the designation of responsibility, means, time frame and budget by which they are to be achieved. It details the environmental management system programs of the company to prevent, mitigate, compensate, and monitor its environmental aspects and impact.

14. Executive Director of BFAD - means the Director of BFAD.

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15. Expiry date - means the date stated on the label of meat and meat products after which they are not expected to retain their claimed safety, quality and wholesomeness and after which, it is no longer permissible to sell them.

16. Farm to table - includes all steps involved in the production, storage, handling, distribution and preparation of a food product.

17. Feed - means any substance whether processed, semi-processed or raw, intended for animal consumption.

18. Food - means any substance whether processed, semi-processed or raw, intended for human consumption.

19. Food chain - means the succession of activities, transformation or events from primary production to consumption of food.

20. Foreign Meat Establishment (FME) - means DA accredited facility in a foreign country engaged in slaughtering and dressing of food animals, and processing, cutting, packing and storing of meat and meat products, and recognized by the National Veterinary Administration (NVA) of that country to export meat and meat products.

21. Good Manufacturing Practice (GMP) - means the conformance with codes of practice, industry standards, regulations and laws concerning production, processing, handling, labeling and sale of foods decreed by industry, local, national and international bodies with the intention of protecting the public from illness, product adulteration and fraud.

22. Hot meat - refers to carcass or parts of carcass of food animal which was slaughtered in an unregistered establishment and has not undergone the required inspection.

23. Imitation - means the product that is made to appear as to be mistakable for what is real or original.

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24. Local Government Units (LGUs) - refer to municipalities, component cities, chartered cities and provincial governments created by law.

25. Meat cutting plant - a meat establishment where carcasses and primal parts are cut and packed into desired specifications. It may be a separate facility or an integral part of another meat establishment such as slaughterhouse, poultry dressing plant or meat processing plant.

26. Meat hygiene - all conditions and measures necessary to ensure the safety and suitability of meat at all stages of the food chain.

27. Meat handler - shall mean person directly involved in the preparation, transport and sale of meat and meat products.

28. Meat inspection - shall mean the same as Inspection.

29. Meat inspector - shall mean the same as Inspector.

30. Meat transport vehicle - is an enclosed conveyance facility used for the transfer of meat and meat products from one place to another in a hygienic manner.

31. National Meat Inspection Service (NMIS) - the sole national controlling/competent authority attached to the Department of Agriculture charged by the government with the control of meat hygiene and meat inspection.

32. Organoleptic - means any sensory properties of a product, involving taste, colour, odour and feel. Organoleptic testing involves inspection through visual, feeling and smelling of products.

33. Post abattoir control - shall mean control measures conducted on meat and meat products during transport up to the time of retail sale for the enforcement of regulations governing meat and meat product inspection.

34. Preservation - the process in which a product is prepared or stored to extend its wholesomeness and fitness for human consumption.

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35. Priority reportable animal diseases - shall mean those included under OIE list A and B diseases.

36. Quality Assurance (QA) system - the organizational structure, procedures, processes and resources needed to implement quality assurance.

37. Recall - means where measures are applied to return unsafe or unsuitable products that has already been supplied or made available to consumers.

38. Registered - shall mean officially listed with NMIS.

39. Rendering - means the process of converting condemned carcasses or parts of carcasses, meat or meat products into in edible by products by heating.

40. Routine inspection - the regular inspection conducted by an inspector during the day-to-day operation of the meat establishment.

41. Shared responsibility - mutual or joint allocation of available capabilities, facilities, resources and other forms of support, formalized through a Memorandum of Agreement or Understanding between or among the concerned parties, to pursue a common goal.

42. Technical Supervision - means the authority and responsibility vested on the next higher level of government to ensure that meat inspection service is properly delivered by those tasked to perform it.

43. Traceability - the ability to track meat and meat products back to their source or to identify the source of product so as to minimize liability and prevent the occurrence of food safety problems.

44. Special inspection - an inspection conducted for a particular purpose such as but not limited to accreditation, GMP/SSOP audit, HACCP audit, waste management inspection, animal welfare audit, and any other kind of inspection as may be required by regulation.

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45. Suspect - the condition wherein final judgment on the animal, meat or meat products cannot be ascertained and would therefore require further inspection and/or examination.

46. Unannounced inspection – the conduct of on - the-spot or surprise inspection/examination by the controlling authority of all meat establishments at any time day or night, whether the establishment is in operation or not.

47. Unfit for human consumption - in relation to meat and meat products, means inspected and found not meeting the criteria of safety and wholesomeness.

48. Zoonotic diseases - diseases of animals transferable to humans.

Rule 4.2 Acronyms used in these IRR shall refer to:

1. ARED - Accreditation, Registration and Enforcement Division 2. BAFPS - Bureau of Agriculture and Fisheries Product

Standards 3. BAI - Bureau of Animal Industry 4. BFAD - Bureau of Food and Drugs 5. BLGD - Bureau of Local Government Development 6. BLGF - Bureau of Local Government Finance 7. DA - Department of Agriculture 8. DBM - Department of Budget and Management 9. DENR - Department of Environment and Natural Resources 10. DILG - Department of Interior and Local Government 11. DOF - Department of Finance 12. DOH - Department of Health 13. HACCP - Hazard Analysis Critical Control Point 14. LGU - Local Government Unit 15. MISDTF - Meat Inspection Service Development Trust Fund 16. NMIS - National Meat Inspection Service 17. NVQS - National Veterinary Quarantine Services

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18. OIE - Office International des Epizooties (World Organization for Animal Health)

19. PMIS - Provincial Meat Inspection Service 20. POID - Plant Operation and Inspection Division 21 .RFU - Regional Field Unit 22. SSOP - Sanitation Standard Operating Procedures

C H AP T E R II IN S T IT U T IO N

SEC. 5. The National Meat Inspection Service (NMIS). - The National Meat Inspection Commission renamed as the National Meat Inspection Service (NMIS) shall serve as the sole national controlling authority on all matters pertaining to meat and meat product inspection and meat hygiene. It shall be a specialized regulatory service attached to the Department of Agriculture.

Rule 5.1 The National Meat Inspection Service shall be the sole national controlling/competent authority tasked to implement policies, programs, guidelines and rules and regulations pertaining to meat inspection and meat hygiene to ensure meat safety and quality from farm to table.

Rule 5.2 The NMIS shall be attached to the Department of Agriculture for the purpose of policy formulation and monitoring and evaluation of program implementation.

SEC. 6. The Meat Inspection Board. - There is hereby created a Meat Inspection Board under the NMIS who shall assist in the formulation of policies and guidelines and advise the chairperson on all matters pertaining to meat inspection and meat hygiene. The Board shall be composed of the following or their duly designated representatives:

1. The Secretary of the Department of Agriculture, as Chairperson; 2. The Executive Director of the National Meat Inspection Service; 3. The Director of the Bureau of Animal Industry; 4. The Executive Director of the Bureau of Food and Drugs;

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5. The Director of the Bureau of Local Government Development; 6. Representative from a consumer organization duly recommended

by the National Consumer Affairs Council; and 7. The Director of the Bureau of Agriculture and Fisheries Product

Stanidards.

Rule 6.1 The Board shall hold regular and special meetings when necessary. The presence of at least four (4) members including the Chairperson of the Board shall constitute a quorum. In all cases, the presence of the Chairperson or his duly authorized representative shall be required.

Rule 6.2 Whenever the exigencies of the service demand, as determined by the Secretary, and the Board, for any valid reason, cannot be convened to a meeting, the Executive Director of the NMIS, shall submit any matter for resolution for the concurrence of a majority of the Board members or duly designated representatives.

Rule 6.3 The chairperson and members of the Board shall be entitled to per diem and other allowable emoluments as may be fixed by the Board for every meeting actually attended, subject to existing laws, rules and regulations.

Rule 6.4 The Board Secretary as designated by the Chairperson shall keep all records relative to the meetings of the Board. He/she shall head the Secretariat and shall be responsible for administrative requirements of the Board. The Board Secretary shall be entitled to honoraria similar to that of a regular member of the Board.

Rule 6.5 The Secretary as the Chairperson of the Board shall issue within one (1) year from the effectivity of this IRR an Administrative Order that shall prescribe the regulations, guidelines and/or procedures of the various provisions of this Act, to wit:

a. On ante-mortem inspection, post-mortem inspection, meat product inspection and post-abattoir control 1. Proper methods of humane handling and slaughtering of food

animals in consonance with RA 8485 2. Ante-mortem procedures, inspection and judgment

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3. Post-mortem procedures, inspection and judgment 4. Routine procedures, inspection, judgment and enforcement such as

but not limited to surveillance, check points, search, confiscations, arrests and legal procedures during post-abattoir control in wet markets, meat shops, groceries and supermarkets, and all other meat outlets

5. Appropriate inks in marking/branding of the carcass and other parts, use of inspection tags and hygienic handling of markings and tags

6. Proper disposal of condemned carcasses and parts. 7. Guidelines on re-inspection 8. Guidelines on “unannounced“ inspection of meat establishments 9. Guidelines in the proper handling of meat and meat products during

transport and distribution 10. Routine procedures in the collection transport and analysis of meat

and meat products samples obtained from meat establishments, post-abattoir inspection and import inspection.

b. On accreditation of meat establishments, meat transport vehicles and third party service providers

c. On meat importation and exportation 1. Importation of meat and meat products into the Philippines 2. Accreditation of foreign meat establishment and the country of

origin relative to exportation of meat and meat products into the Philippines

3. Confiscation and disposition, seizure and modification of imported meat and meat products that do not meet prescribed import requirements

4. Exportation of meat and meat products, either fresh or processed from meat establishment utilizing materials domestically sourced or imported from other countries.

d. On transfer of certain powers and functions of NMIS to PMIS. 1. Registration of meat inspectors 2. Certification of PMIS in its compliance to national standards 3. Movement of animals, meat and meat products and other risk

materials

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4. Entitlement of local government units to twenty percent (20%) of amounts collected from administrative fines, service fees and charges

5. Deputation of local meat inspection officers

e. On humane slaughtering of food animals in consonance with the Animal Welfare Act. 1. Creation of Food Animal Welfare Unit 2. Responsibility of establishment operator and animal handlers (meat

dealers and butchers) with regard to humane slaughtering of food animals in consonance with RA 8485

f. On meat safety and quality standards and the labeling of meat and meat products 1. Enforcement of hygienic requirements in all meat establishment 2. Sale and transport of labeled or unlabeled meat and meat products 3. Printing and use of official marks, labels or certificates 4. Labeling of meat and meat products 5. Setting of standards on meat and meat products in coordination with

other standard setting agencies 6. Traceability of meat and meat products 7. Recall of meat and meat products

g. On Environmental management in all meat establishments 1. Institutionalization and operationalization of Environmental

Management Program in all meat establishments

h. On prohibited acts and penalty provisions under this Act 1. Summary proceedings and issuance of “Cease and Desist Order“ 2. Schedule of administrative fines including the guidelines in the

imposition and collection for acts in violation of this Act and its rules and regulations

3. Creation of Inspectorate attached to the Office of the Executive Director to oversee and monitor NMIS and LGU meat inspection personnel in the conduct of their duties and responsibilities

i. On Meat Inspection Service Development Trust Fund 1. Creation, operationalization, utilization and audit of MISTDF

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2. LGU Meat Establishment Improvement Program

SEC. 7. Composition of the NMIS. - The NMIS shall be headed by an executive director. The administrative, technical and support services of the NMIS shall be strengthened as may be appropriate and necessary to carry out effectively the provisions of this Act.

Rule 7.1 The NMIS shall establish the appropriate organizational structure to carry out its functions as mandated in this Act within one (1) year after the effectivity of this IRR.

Rule 7.2 The NMIS shall be headed by an Executive Director and assisted by a Deputy Executive Director. They shall manage the operations of the NMIS and shall be appointed by the President of the Philippines. They shall be of good moral character, with recognized managerial ability and competence and must be knowledgeable on the various aspects of the livestock and meat industry as well as meat inspection and meat hygiene.

Rule 7.3 The NMIS shall have but not limited to the following divisions: a) Plant Operation and Inspection, b) Accreditation, Registration, and Enforcement, c) Meat Science and Technology, d) Meat Import Export Inspection and Assistance, e) Laboratory Services and f) Administrative and Finance. Sections and Units shall also be established to fully complement the organizational structure of the NMIS.

Rule 7.4 The Secretary shall endorse to DBM the proposed organizational structure including plantilla positions, job descriptions and salary grades in accordance with R.A. No. 6758 or the Salary Standardization Act of 1989 and other existing civil service and other laws, rules and regulations on the matter.

SEC. 8. Powers and Functions of NMIS. - The NMIS shall be vested with the following powers and functions: ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 20/59

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1. Formulate and issue and implement jointly with the appropriate local government units national policies, guidelines, rules and regulations and programs including but not limited to: a. establishing safety and quality standards for meat and meat products

in consultation with the product standard setting agencies; b. adopting measures to ensure pure, wholesome and safe supply of

meat and meat products of the country;

c. accrediting establishment, facilities, conveyance and service providers for Hazard Analysis Critical Control Point Program (HACCP) audit;

d. licensing of meat inspectors and registration of meat handlers; e. licensing, registration and certification of meat handlers and meat

brokers; f. licensing, registration and certification of meat and meat products; g. implementing standards prescribed by the Bureau of Agriculture and

Fisheries Product Standards (BAFPS) on labeling, advertising and promotion of meat and meat products.

2. Supervise and control meat inspection in all meat establishments engaged in domestic and international meat trade;

3. Evaluate, classify and accredit local and foreign meat establishments as to compliance to hygiene and sanitation standards;

4. Foster effective exchange of information and coordination of programs, projects and activities among various agencies;

5. Undertake training of all persons employed in meat inspection work; 6. Recommend measures to professionalize the meat inspection service to

the Professional Regulation Commission; 7. Seek the assistance of any department, bureau, office, agency or

instrumentality of the government or other private entities and organizations for cooperation in the performance of its functions.

Rule 8.1 The NMIS shall undertake functions including but not limited to policy formulation and program implementation, supervision and control of meat inspection and meat hygiene, regulation, information, training and capability building.

SEC. 9. Regional Technical Operation Centers. - Upon the effectivity of this Act, the existing regional offices of the NMIS shall be scaled down and transformed into meat laboratories and technical operation centers to be ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 21/59

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manned by a minimum number of medical and technical personnel whose qualifications shall be determined by the Secretary of Agriculture to effectively carry out the provisions of this Act. Within two (2) years from the effectivity of this Act, the functions of the aforementioned regional/technical operations centers of the NMIS shall be transferred or devolved to the provincial government where said offices are located: Provided, That the Provincial Meat Inspection Service are certified to be compliant with national standards. However, certification for international trade shall remain with the NMIS.

Rule 9.1 The regional office of NMIS shall become the regional technical operation center and shall be headed by the Regional Technical Director under the supervision of the NMIS Executive Director. It shall be manned by the technical counterparts of the central technical divisions including inspectors assigned in meat establishments and auditors.

Rule 9.2 The satellite meat laboratories in administrative regions of the country shall be maintained under the supervision of the Regional Technical Director.

Rule 9.3 The administrative support and functions required in the operation of the technical operation centers shall be provided by the central office.

Rule 9.4 The local meat inspection services shall be established following the hierarchy of political units to implement the functions as called for under Sec. 489(b) (3) (i-v) of RA 7160 pertaining to slaughter of animals for human consumption and the regulation of slaughterhouses within their territorial jurisdiction.

Rule 9.5 The Provincial Veterinarian shall head the Provincial Meat Inspection Service (PMIS) and shall exercise technical supervision over meat inspection personnel of component cities and municipalities within the territorial jurisdiction to ensure that they act within the scope of their prescribed powers and functions. The City Veterinarian shall head the City Meat Inspection Service (CMIS) and shall exercise direct supervision over meat Inspection personnel of highly urbanized cities and independent component cities.

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Rule 9.6 Municipalities are encouraged to establish their Municipal Meat Inspection Service (MMIS) to be headed by a municipal veterinarian who shall exercise direct supervision over meat inspection and meat hygiene activities within their territorial jurisdiction.

Rule 9.7 Meat inspection regulations shall be issued as ordinances by the province, highly urbanized city, independent component city, or municipalities and shall conform with existing national laws, policies, rules and regulation.

Rule 9.8 The functions of NMIS, PMIS, CMIS and MMIS as specified under E.O. 137 (pursuant RA 7160) shall delineate levels of authority and responsibility between the national and local governments. Highly urbanized and independent component cities shall perform functions devolved to provinces.

Rule 9.9 Within two (2) years from the effectivity of this IRR and upon certification by NMIS that the PMIS is compliant to national standards; the regional technical operation center shall transfer the following functions to PMIS for implementation within its territorial jurisdiction.

9.9.1 Formulate, issue and implement local rules and regulations and programs following prescribed national standards in relation to:

9.9.1.1 safety and quality standards for meat and meat products;

9.9.1.2 measures to ensure pure, wholesome and safe supply of meat and meat products in the province;

9.9.1.3 licensing, registration and certification of meat handlers and meat brokers operating within the province;

9.9.1.4 labeling, advertising and promotion of meat and meat products;

9.9.2 Supervise and control meat inspection in all meat establishments located within its territorial jurisdiction engaged in domestic meat trade;

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9.9.3 Foster effective exchange of information and coordination of programs, projects and activities in the province among various entities;

9.9.4 Conduct training supplementary to that required and provided by NMIS of persons employed in meat inspection and in meat trade within its territorial jurisdiction;

9.9.5 Recommend measures to professionalize the meat inspection service of the province;

9.9.6 Seek the assistance of any department, bureau, office, agency or instrumentality of the government or other private entities and organizations for cooperation in the performance of its functions within the province.

Rule 9.10 The NMIS shall undertake a capacity building program to enable compliance of local meat inspection service to national standards and facilitate the transfer of functions.

Rule 9.11 The NMIS, whenever necessary or upon request, shall extend technical assistance to any LGU in the area of meat inspection and meat hygiene including construction and operation of meat establishments. Rule 9.12 The NMIS shall undertake monitoring and periodic audit on compliance of local meat inspection service to national standards.

Rule 9.13 The NMIS shall be the national competent authority to certify the wholesomeness of meat and meat products for international trade and trade if the same beyond provincial boundaries.

CHAPTER III RESPONSIBILITIES OF THE LOCAL GOVERNMENT UNITS

SEC. 10. Regulation by Local Government Units. - The local government units, pursuant to the provisions of Republic Act 7160 otherwise known as the Local Government Code and Executive Order No. 137, shall regulate the construction, management and operation of slaughterhouses, meat inspection, meat transport ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 24/59

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and post-abattoir control, monitor and evaluate and collect fees and charges in accordance with the national policies, procedures, guidelines, rules and regulations and quality and safety standards as promulgated by the Secretary.

Rule 10.1 The responsibility for delivery of basic meat inspection service and operation of meat establishment such as but not limited to slaughterhouse and poultry dressing plant shall remain with the city or municipality as stated in Art. 25 Rule V of the IRR of RA 7160.

10.1.1 The city or municipality, in locating, establishing and/or operating meat establishments, shall ensure conformity to applicable local and national policies, standards and guidelines.

10.1.2 The city or municipality shall ensure that minimum standards are met in the performance of inspection and in the operation of the meat establishments within their territorial jurisdiction.

10.1.3 The city or municipality shall be responsible in ensuring that only meat and meat products that passed mea t inspection shall be offered for sale within its territorial jurisdiction

Rule 10.2 Pursuant to Section 489 of RA 7160, provinces and cities are mandated to employ veterinarians, one of whose functions is to advise the local chief executive on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses.

Rule 10.3 The transport of meat and meat products shall be regulated jointly by the NMIS and PMIS.

10.3.1 Only accredited meat transport vehicles shall be allowed to transport meat and meat products.

10.3.2 The LGU Veterinarians shall accredit meat transport vehicles used to deliver meat and meat products within their territorial jurisdiction.

10.3.3 The NMIS shall accredit meat transport vehicles used in transporting meat and meat products for national or international distribution.

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Rule 10.4 The conduct of post abattoir control shall be vested in the NMIS and LGU. The LGU shall regulate the flow, preparation and sale of meat and meat products for human consumption within their territorial jurisdiction in accordance with national policies, procedures, guidelines, and rules and regulations to ensure that meat and meat products have undergone meat inspection. Movement of meat and meat products beyond the territorial jurisdiction of the province shall fall under the jurisdiction of NMIS.

Rule 10.5 The LGU shall participate in the control of movement of meat and meat products as integral part of national animal disease control and eradication programs.

Rule 10.6 The DA, DENR, DILG, DOF and DOH shall, within one (1) year from the effectivity of this IRR issue a Joint Memorandum Order to define areas of collaboration relative to their respective jurisdiction and authorities on the construction, management, and operation of meat establishments, meat inspection, meat transport and post-abattoir control and the collection of fees and charges. This order shall provide guidance to LGUs in the implementation of the various regulations of the different national agencies.

SEC. 11. Implementation by the Local Government Units. - The local government units shall have full and complete authority over the activities mentioned in the immediately preceding section as well as the authority to evaluate and implement duly prescribed national meat standards within their respective territorial jurisdiction.

In order to improve slaughter facilities and strengthen local meat inspection services, the share of the local government units with regard to ante- and post-mortem fees collection pursuant to the provisions of the Local Government Code and Executive Order No. 137 shall be retained.

For the same purposes, an amount equivalent to twenty percent (20%) of amounts collected from fees, fines and other charges by the NMIS mentioned in Sections 46 and 56 hereof in the enforcement and implementation of ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 26/59

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national meat standards shall, except for a reasonable fee for services rendered, automatically inure to local government units which shall retain said amount at source.

Rule 11.1 The LGUs, in the regulation of the flow, preparation and sale of meat and meat products for human consumption within their territorial jurisdiction, shall collect reasonable fees and charges including but not limited to ante and post mortem inspection fees, the rates of which shall be set by an ordinance Rule 11.2 Ante and post-mortem inspection fees shall be shared by the national government and the LGUs as provided under Executive Order 137.

Rule 11.3 The twenty five percent (25%) share of the national government of the meat inspection fees from meat establishments directly supervised by NMIS personnel shall be paid on a monthly basis by the operator of said facility to NMIS which shall remit the same to the national treasury.

Rule 11.4 The improvement of slaughter facilities and strengthening of the local meat inspection service shall be the priority in the utilization of the seventy five percent (75%) share of the LGU of the meat inspection fees collected.

Rule 11.5 Within six (6) months from the effectivity of this IRR, the NMIS, BLGF and BLGD shall issue a joint circular providing the scheme on the entitlement of local government units to twenty percent (20%) of amounts collected from administrative fines, service fees and charges.

SEC. 12. Incentive for Local Government Units. - The local government units shall endeavor to improve existing meat facilities to comply with national standards. The national government shall allocate funds as incentive equivalent to the funds available from local government units for this purpose.

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Rule 12.1 DA, DILG and DBM shall issue within six (6) months from effectivity of this IRR a joint order creating the LGU Meat Establishment Improvement Program.

Rule 12.2 The city or municipality shall coordinate with NMIS relative to the improvement of their own meat establishment enabling them to comply with national standards. The project proposal shall be incorporated in the annual LGU Meat Establishment Improvement Pl n by NMIS for the following year.

12.2.1 There shall be a Meat Establishment Standard Unit under ARED that will render technical assistance in the construction of meat establishments particularly on the selection of sites, plant design preparation, equipment design and test runs.

Rule 12.3 The NMIS shall prepare the annual LGU Meat Establishment Improvement Plan, the objective of which is to upgrade LGU facilities to meet national standards for accreditation.

Rule 12.4 The national government through the annual General Appropriations Act shall allocate funds equivalent to that allocated by the LGU for the implementation of the various project proposals included in the annual LGU Meat Establishment Improvement Plan.

CHAPTER IV SCOPE OF MEAT INSPECTION

SEC. 13. Scope of Application. - This Code shall apply to all meat establishments where food animals are slaughtered, prepared, processed, handled, packed or stored or sold. All slaughterhouses and poultry dressing plants shall ensure adequate protection and welfare of food animals while awaiting slaughter in order to avoid mishandling or the infliction of unnecessary pain or distress during the slaughtering process.

Rule 13.1 This Code shall apply to all slaughterhouses, poultry dressing plants, meat cutting plants, meat processing plants, cold storages, meat

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shops, meat markets and other outlets engaged in domestic and international trade where food animals are slaughtered, and/or their meat are prepared, processed, handled, packed, stored or sold for human food.

Rule 13.2 The NMIS shall evaluate and classify all mea t establishments following an accreditation system and shall assign an accreditation and/or registration number to identify the establishment and trace the products produced thereat.

Rule 13.3 The NMIS shall require that all slaughterhouses and poultry dressing plants be provided with facilities that will ensure adequate protection and welfare of food animals awaiting slaughter before these meat establishments are accredited.

Rule 13.4 Inhumane treatment of food animals such as mishandling or the infliction of unnecessary pain or distress prior to and during slaughter shall be a cause for the suspension of the operations of the meat establishments and shall be a ground for the revocation of accreditation when no corrective actions are instituted by the management of these establishments within a specified period of time.

Rule 13.5 All slaughterhouse and poultry dressing plant operators shall comply with the provision of AO 21, Series of 1999 issued pursuant to RA 8485 to ensure the adequate protection and welfare of food animals awaiting slaughter.

SEC. 14. Authorized Officers to Conduct Meat Inspection. - Only meat control officers, deputized meat control officers, meat inspectors and deputized meat inspectors duly appointed and designated by the NMIS or local government units are authorized to conduct meat inspection work. All persons employed in meat inspection work shall undergo training conducted by the NMIS.

Rule 14.1 All persons involved in meat inspection work shall be recognized as public health workers for they are responsible for the promotion and protection of public health through the implementation of an effective

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meat inspection service and shall be entitled to all benefits and emoluments due to a public health worker.

Rule 14.2 All meat control officers and meat inspectors duly appointed or designated by the NMIS or LGUs shall be authorized to perform meat inspection work and shall perform all the duties and responsibilities to safeguard public, as well as, animal health.

Rule 14.3 The NMIS shall have the authority to deputize qualified meat control officers and meat inspectors under the employ of the LGU to perform meat inspection and assist the NMIS in the implementation of the provisions of this Act.

Rule 14.4 All meat control officers and meat inspectors who are duly appointed, designated or deputized by the controlling authority to perform meat inspection shall first undergo basic meat inspection training to be conducted by the NMIS. Whenever necessary, meat control officers and meat inspectors shall undergo advance and specialized inspection trainings to enhance their capabilities in implementing new programs.

Rule 14.5 The NMIS shall maintain a registry of meat inspectors who have satisfied the training requirements as mandated by this Act.

SEC. 15. Power to Enforce Hygienic Requirements. - The NMIS shall have the responsibility to ensure, and to enforce, that meat establishments are operated in accordance with hygienic requirements.

Rule 15.1 The NMIS shall have the responsibility and the legal power to enforce hygienic requirements necessary to produce meat that is safe and wholesome in all meat establishments.

Rule 15.2 The meat establishment operator shall have the responsibility to maintain the meat establishment in good operating condition at all times, and to comply with meat hygiene and inspection regulations set by the controlling/competent authority.

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Rule 15.3 The Code of Hygienic Practice for Meat adopted by the Codex Alimentarius Commission shall be practiced in all meat establishments to minimize the substantial risk of contamination of meat during slaughtering, dressing, processing and distribution.

SEC. 16. Humane Slaughter, Hygienic and Inspection Requirements. - The management or operator of the meat establishments shall follow the instructions of the NMIS as related to humane slaughter of animals, hygienic and inspection requirements, and shall provide such information and assistance, as may be reasonably requested by the NMIS or the local government unit.

Rule 16.1 The Department of Agriculture shall set the guidelines on humane slaughter of food animals in consonance with the provisions of the Animal Welfare Act to be implemented and followed by the meat establishment operator to ensure adequate protection and welfare of animals before and during slaughter.

Rule 16.2 The meat establishment operator shall implement a quality and safety assurance system as required by NMIS to ensure the production of safe and wholesome meat.

Rule 16.3 The meat establishment operator shall keep and maintain records, reports and information and shall fully and correctly disclose all transactions in the operation of the establishment relative to meat safety and quality. Such records, reports and information shall be made available upon the request of the controlling/competent authority for monitoring, validation and verification purposes.

CHAPTER V A. ANTE-MORTEM INSPECTION

SEC. 17. Requirements of an Ante-Mortem Inspection. - An ante- mortem inspection shall be made of food animals by authorized inspectors before it shall be allowed for slaughter in any city, municipal or licensed private abattoirs in which the meat or meat products thereof are to be sold.

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Rule 17.1 Ante-mortem inspection shall be carried out in a systematic manner in accordance with routine inspection procedures prescribed by NMIS and shall ensure that animals found to be affected by a disease or defect that would render their meat unfit for human consumption are so identified and removed from the food chain.

Rule 17.2 Ante-mortem inspection shall ensure that animals whose meat may be fit for human consumption but that require special handling during slaughter and dressing, and animals that will require special attention during post-mortem inspection, are segregated in an isolation pen, subjected to thorough inspection and shall be the last animal to be slaughtered.

Rule 17.3 Ante-mortem examination shall be made in holding pens in the premises of the establishment at the time of slaughter and the food animals shall be inspected by an inspector on arrival as soon as practicable after delivery to the establishment. Such examination shall be carried out with a full knowledge of all relevant information gained on the animals prior to their arrival. Where there are stockyards, ante- mortem inspection shall be done twice, that is right after arrival of the animals in the meat establishment and then repeated just before slaughter if the animals remained in the holding pen for more than 24 hours after their arrival.

Rule 17.4 No animals shall proceed for slaughter until an inspector has carried out ante-mortem inspection and has passed it as suitable for slaughter. Exceptions may be under emergency slaughter procedures where a delay in carrying out ante-mortem inspection would result in undue suffering of the animal.

Rule 17.5 In case of game animals or exotic food animals, a separate guideline on inspection and slaughtering procedures shall be issued.

Rule 17.6 Food animals shall be inspected in a way that allows the inspector to detect deviations from normality, whether of demeanor, behavior, appearance or other clinical signs that might indicate a disease or defect requiring special handling or closer examination. The

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temperature of all food animals suspected with disease condition shall be taken at all times as an added gauge.

Rule 17.7 An animal shall be released for slaughter without any restriction when an ante-mortem inspection has revealed that it is adequately rested, that there are no diseases or defects that will render it unfit for slaughter for human consumption or require special attention during dressing or post-mortem inspection.

SEC. 18 utright Condemnation. - Any animal manifesting during ante- mortem inspection any disease or condition that shall warrant outright condemnation shall be marked “CONDEMNED“, isolated immediately and disposed of under the supervision of an inspector.

Rule 18.1 When the ante-mortem inspection of food animal reveals signs of disease indicative of a systemic involvement, communicability to humans or toxicity from chemical or biological agents that render or may render the meat unsound, the animal so affected shall be condemned outrightly as unfit for human consumption or where appropriate, set aside and remain under the control of the inspector until a further decision regarding disposition is taken.

Rule 18.2 Food animals exhibiting normal behavior but known to be carrying residues shall either be condemned or withheld from slaughter until residues are excreted or metabolized to levels such that they do not exceed established safety levels.

Rule 18.3 Food animals admitted to the meat establishment shall be condemned if at ante-mortem inspection, a disease or condition is diagnosed, which at final judgment would give reason for total condemnation, which represents an acceptable health hazards for meat handlers, or which involves an unacceptable risk of contaminating the slaughterhouse premises and other carcasses.

Rule 18.4 Food animals found dead or in dying condition shall likewise be condemned on ante-mortem inspection. The remains of animals that have died and those that have been condemned at ante-mortem

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inspection and killed shall be removed immediately to the rendering station or other place of destruction, and there shall be adequate precautions to prevent misuse and to avoid danger to public health and animal health.

SEC. 19 Humane Handling and Slaughtering. - For the purpose of preventing the inhumane slaughtering of food animals under Republic Act No. No. 8485, otherwise known as the Animal Welfare Act, inspectors shall conduct an examination and inspection of the method by which food animals are slaughtered and handled in meat establishments inspected under this Act.

Rule 19.1 The establishment operator of the slaughtering facility shall take full responsibility for the humane slaughter of food animals while inspectors shall continue to make such inspection as would be necessary to prevent the inhumane slaughtering of food animals.

Rule 19.2 The handling of food animals shall be done as expeditiously and carefully as possible in a manner that does not cause trauma, overheating, behavioral stress, physical harm or unnecessary discomfort. The food animals shall be adequately rested and not overcrowded and protected from exposure to the elements and adverse climatic conditions.

Rule 19.3 The food animals presented for slaughter, except those animals slaughtered following rituals and religious practices, shall be effectively stunned following approved stunning method prior to sticking or bleeding to ensure that the animals are rendered unconscious with a minimal of excitement or disturbance and without suffering.

Rule 19.4 There shall be created a Food Animal Welfare Unit under the Plant Operation and Inspection Division which shall oversee and monitor the implementation of the Animal Welfare Act as it pertains to slaughtering of food animals.

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SEC. 20 Refusal to Allow Inspection. - The Secretary may refuse to allow inspection to a new slaughtering meat establishment or may cause inspection to be temporarily suspended in any establishment if the Secretary finds that food animals have been slaughtered or handled by any method not considered humane under the Animal Welfare Act, until the establishment furnishes satisfactory assurance that all slaughtering and handling shall be in accordance with such a method.

B. POST-MORTEM INSPECTION

SEC. 21. Post-Mortem Examination. - The inspectors shall conduct a post- mortem examination and inspection of the carcasses and parts thereof of all food animals prepared at any establishment as articles of commerce which are capable of use as human food.

Rule 21.1 Post-mortem inspection of the carcasses and parts thereof shall be carried out in a systematic manner in accordance with the routine procedures prescribed by the NMIS which are based on CODEX Alimentarius thus ensuring that meat passed for human consumption is safe and wholesome.

Rule 21.2 The carcasses and parts thereof of food animals shall be passed for human consumption without any restriction when the post-mortem examinations have revealed no evidence of any significant abnormal condition or disease and if the slaughter operation has been implemented in accordance with hygienic requirements.

Rule 21.3 The carcasses and parts thereof of food animals shall be condemned for human consumption when the post-mortem examinations have revealed that they are hazardous to meat handlers, consumers and other animals; when there are severe organoleptic deviations from normal meat; when laboratory tests indicate that they contain contaminants or residues which exceed the established limits, and when the meat has been conditionally approved for human consumption but the meat has not been treated as stipulated within the indicated period of time.

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Rule 21.4 The condemned meat shall remain under the custody of the inspector until the required treatment or method of disposal has been applied in a safe and secure manner. Decisions concerning the disposal and utilization of meat judged as unfit for human consumption shall reliably prevent condemned meat from polluting the environment, endangering human and animal health or illegally re-entering the food chain.

Rule 21.5 The disposal of condemned carcasses and parts thereof shall conform with all the pollution control and environmental laws and regulations. The NMIS shall create an Environmental Management Unit under the Accreditation, Registration and Enforcement Division that shall coordinate with DENR in monitoring the disposal of waste and condemned carcasses in the meat establishments.

SEC. 22. Proper Marking of Carcasses. - The carcasses and parts thereof of all such animals found not to be adulterated shall be marked, stamped, tagged or labeled as “Inspected and Passed “. Said inspectors shall label, mark, stamp or tag as “Inspected and Condemned “ all carcasses and parts found to be adulterated. All carcasses and parts thereof marked “Inspected and Condemned“ shall be destroyed for food purposes by the said establishment in the presence of an inspector.

Rule 22.1 The proper marking of carcasses shall enable control and proper handling prior to its reaching the consumer as well as assure consumers of the official guarantee of safety and wholesomeness of meat.

Rule 22.2 The carcasses and parts thereof of food animals shall be properly marked in a systematic manner to show the result of inspection after a decision has been made by an inspector if such meat is fit or unfit for human consumption.

Rule 22.3 The size, shape and wording of any inspection mark, as well as the color and composition of marking ink used for the branding of meat shall be prescribed by the national controlling/competent authority and shall be uniform throughout the country. The brands and stamps

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used to apply the marks of inspection shall be kept clean while in use, and shall be held under the control and supervision of the inspector.

SEC. 23. Re-Inspection. - The inspectors shall re-inspect carcasses and parts thereof when necessary to determine whether the meat has become adulterated after the first inspection. If found to be adulterated on subsequent examination and inspection, the establishment shall destroy for food purposes all carcasses and parts thereof in the presence of the inspector.

SEC. 24. Extent of Application. - The foregoing provisions shall apply to all carcasses or parts of carcasses of food animals or the meat and meat products thereof which may be brought in to any meat processing, meat canning, packing or similar establishment and such examination and inspection shall be done before the said carcasses or parts thereof shall be allowed to be treated, processed or prepared.

Rule 24.1 All carcasses or parts of carcasses of food animals or meat products thereof from accredited slaughterhouses and poultry dressing plants shall be examined by the inspector assigned in meat processing plant before the said carcass or parts thereof shall be processed, canned and packed.

Rule 24.2 The DA-NMIS and DOH-BFAD shall undertake a Memorandum of Agreement on the shared responsibility and delineation of functions in the regulation of meat products in accordance with their respective mandates within six (6) months from approval of this IRR.

SEC. 25. Entry of Material into the Meat Establishments. – The Secretary may limit the entry of carcasses, parts of carcasses, meat and meat products and other materials into any meat establishment at which inspection under this Act is maintained, under such condition as may be prescribed to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act.

Rule 25.1 Only food animals that were slaughtered, inspected and passed by inspectors from NMIS accredited slaughterhouses or poultry dressing

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plants shall be utilized in NMIS accredited meat processing plant for meat processing, meat canning and packing.

SEC. 26. Access to Meat Establishments. - The inspectors shall conduct an examination and inspection of all meat and meat products prepared for commerce in any slaughtering, meat canning, salting, packing, rendering, or similar establishment, and for that purpose, shall have access at all times, day or night, whether the establishment is in operation or not, to every part of said establishment.

Rule 26.1 The inspectors shall have access at all times to the meat establishment whether it is in operation or not.

Rule 26.2 When it is necessary to confirm, validate and verify information relative to the operation of a meat establishment, an unannounced inspection shall be undertaken by the NMIS and/or LGU inspectors.

SEC. 27. Marking of Inspected Products. - The inspectors shall mark, stamp, tag, or label as “Inspected and Passed“ or “Inspected and Condemned“ all such products found to be unadulterated or adulterated as the case may be. Condemned meat products shall be destroyed for food purposes. Provided, That subject to the rules and regulations under this Act, the provisions hereof in regard to preservatives shall not apply to meat products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported.

Rule 27.1 All food animal carcasses and parts of carcass, organs, viscera and meat products that are found at inspection to be unfit for human consumption shall be held securely within the meat establishment to the satisfaction of the inspectors until they are marked or branded, stained, rendered, denatured or otherwise destroyed so excluding them from the food chain.

Rule 27.2 Meat establishment operator shall be responsible for the disposal of condemned materials following prescribed methods under the supervision of the meat inspector.

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SEC 28. Veterinary Quarantine Clearance. - No veterinary quarantine clearance issued by the National Veterinary Quarantine Service shall be given to any vessel having on board any meat and meat products for export to and sale in a foreign country from any port in the Philippines until the owner or shipper thereof shall obtain from the NMIS a certificate that the said food animal is free from dangerous and communicable diseases at the time of inspection, and that the meat there from is safe and wholesome. The Secretary may waive the requirements of such certificate in favor of the country to which said meat and meat products are to be exported.

Rule 28.1 All meat and meat product exporters shall be licensed, registered, and accredited by the NMIS.

Rule 28.2 Only HACCP certified meat and meat products from accredited “AAA“ meat establishments shall be allowed for export.

Rule 28.3 A certificate of wholesomeness shall be issued by the NMIS for all meat and meat products for export.

Rule 28.4 Veterinary quarantine officers assigned at ports shall not clear any shipment for export without an accompanying certificate of wholesomeness issued by the NMIS.

SEC. 29. Official Certificates of the Condition of the Animals. - The veterinary inspectors provided for herein shall be authorized to give official certificates of the condition of food animals, their carcasses and products as herein described, and one (1) copy of every certificate granted under the provisions of this Act shall be filed in the NMIS, another copy shall be given to the owner or shipper, and when the meat and meat products are sent abroad, a third copy shall be attached to the veterinary quarantine clearance.

Rule 29.1 All livestock traders shall be licensed, registered and/or accredited by the Department of Agriculture.

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Rule 29.2 A veterinary health certificate shall be issued by a licensed veterinarian at source for all food animals intended for slaughter.

Rule 29.3 All food animals intended for slaughter must be accompanied by slaughter documents (Veterinary Health Certificate, shipping permit, etc) which shall be submitted by the licensed livestock handler to the meat inspector assigned at the meat establishment prior to acceptance.

Rule 29.4 The inspector or meat control officer assigned at the meat establishment shall issue a certificate of wholesomeness certifying as to the condition of the food animal and the fitness of the meat or meat products for human consumption.

SEC. 30. Sale and Transport of Properly Labeled Carcasses. - No person, firm or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of food animals, or the meat or meat products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kind of animals from which they were derived.

SEC. 31. Absence of Ante-Mortem Inspection. - The inspectors shall seize, confiscate, condemn or dispose of carcasses or parts thereof of food animals that is sold, transported, distributed, offered or received for distribution in commerce that have not passed through ante-mortem inspection. Carcasses or parts thereof are considered “hot meat“ and if found to be fit for human use during examination shall be disposed of as provided in the Implementing Rules and Regulations of this Act.

Rule 31.1 The carcasses or parts thereof of food animals, when slaughtered in a non-registered meat establishment or have not undergone meat inspection, shall be considered as “hot meat“.

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CHAPTER VI INSPECTION OF IMPORTED MEAT AND MEAT FOOD PRODUCT

SEC. 32. Examination and Laboratory Analysis. - The NMIS shall conduct examination and when necessary, laboratory analysis of imported meat and meat products after the products are approved for release by the National Veterinary Quarantine Service at the ports of entry.

Rule 32.1 All meat and meat products brought into the country shall be subjected to safety and quality inspection by NMIS immediately after its clearance by veterinary quarantine officer at the port of entry.

Rule 32.2 The importer shall be prohibited from transferring from the designated storage to other warehouses or facilities, modifying, using, distributing or selling the imported meat and meat product without NMIS inspection and clearance.

Rule 32.3 The NMIS personnel shall collect samples at the accredited NMIS cold storage, warehouse, meat processing plants with built-in cold storages, and other facilities accredited by the NMIS to store imported mea t and meat products. The samples shall be submitted to the NMIS laboratory for analysis to determine the presence of disease and whether the level of drug residue, harmful substances, additives, contaminants, toxins and microbes conform with the standards and requirements of the Philippines.

Rule 32.4 An imported meat inspection certificate attesting to the fitness for human consumption shall be issued by NMIS after the product has satisfied the quality and safety standards and payment of imported meat inspection fees.

SEC. 33. Confiscation of Meat and Meat Products. - The inspectors shall seize, recall, confiscate, condemn or dispose by destruction or re-export at the expense of the importer any imported carcass, meat or meat products of food animals that has been prepared, sold, transported or otherwise distributed or ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 41/59

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offered or received for distribution in commerce, and found to be filthy, contaminated, adulterated or misbranded during inspection and laboratory analysis.

Rule 33.1 The NMIS shall confiscate imported meat and meat products when found to be filthy, contaminated, adulterated or misbranded and when it poses risks to human and animal health.

Rule 33.2 The NMIS shall confiscate the imported products if the NVQS seal is found broken or removed at the port of inspection.

Rule 33.3 The NMIS shall confiscate imported meat and meat products if found to be carrying any disease-causing organism, toxic or deleterious substance which may render it injurious.

Rule 33.4 The NMIS shall confiscate imported products if found to consist, in whole or in part, of any filthy, putrid, rotten, decomposed substance or foreign matter or otherwise unfit for human consumption.

Rule 33.5 The NMIS shall confiscate imported products if the container or packaging materials in direct contact with the meat and meat products are found to be composed, in whole or in part, of any poisonous or deleterious substance which render the contents injurious to health.

Rule 33.6 Imported meat and meat products confiscated in view of any violation of this Act shall either be returned to the country of origin, or be destroyed, jointly by the DA, Bureau of Customs, other concerned government entities and the private sector.

Rule 33.7 The importer, consignee or any other party found to be involved in the importation shall bear the expenses to be incurred in the confiscation and disposition of the shipment including but not limited to the destruction, storage and labor.

Rule 33.8 NMIS shall notify the competent authority of the source country of any in stance and cause of refused entry items.

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SEC. 34. Accreditation of Foreign Meat Establishments. - Meat exporters to the Philippines shall secure accreditation of foreign meat establishment at source from the Department of Agriculture before being allowed to ship meat and meat products into the country. An auditor inspection shall bed one of exporters of meat and meat products in terms of their compliance with Philippine and internationally recognized standards.

Rule 34.1 All meat and meat products exported into the country shall be sourced from foreign meat establishments accredited by the DA.

Rule 34.2 The DA shall undertake accreditation of foreign countries and foreign meat establishments based on OIE and Codex import risk analysis principles and guidelines. The evaluation shall include among other, that of the animal health status and the meat inspection system of the exporting country.

Rule 34.3 The accreditation shall involve coordination between the competent/controlling authority of the exporting country as identified by the government of that country and Philippine DA. Periodic review shall be undertaken of all accredited foreign systems and meat establishments to determine continuous compliance to standards, unless due to compelling reason immediate evaluation is needed.

Rule 34.4 The DA shall maintain an updated listing of foreign countries accredited to export to the Philippines including a list of accredited foreign meat establishments thereat and shall make this information available to all interested parties.

Rule 34.5 The accreditation of the foreign country and/or foreign meat establishment to export to the Philippines shall be suspended/cancelled by the Secretary upon the recommendation of both BAI and NMIS if the importation of meat and meat products there from shall pose high risk to animal and public health.

SEC. 35. Compliance Prior to Shipment. - Meat exporters to the Philippines must comply with all other Philippine import requirements prior to the shipment of meat and meat products into the country.

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Rule 35.1 Only foreign meat establishments recognized as exporting entities by the National Veterinary Administration of the exporting country are allowed to export in to the Philippines. Recognition extended by the local, state or provincial veterinary administrations at the country of origin shall not be recognized by the DA.

Rule 35.2 The seal of the container of imported meat and meat products shall be maintained throughout the chain of importation.

Rule 35.3 Imported meat and meat products that are transshipped or made to pass through other ports other than the original port of origin before arriving in the Philippines shall be acceptable unless the seal at the original port of origin has been broken.

SEC. 36. Import Requirements. - Imported meat and meat products shall be refused entry if they do not meet Philippine import requirements. The refused entry items shall be re-exported to the country of origin or destroyed at the expense of the importer or owner in order to protect public health and the local animal population.

Rule 36.1 The Secretary shall issue the rules, regulations and standards governing importation of meat and meat products into the Philippines.

Rule 36.2 The BOC upon the recommendation of veterinary quarantine officers shall ensure the confiscation and proper disposal of the refused entry items at the port.

Rule 36.3 Meat and meat products found outside the port of inspection which are illegally imported shall be confiscated by the DA.

Rule 36.4 Any instrumentality of government shall, whenever necessary, extend assistance in the said disposal of confiscated meat and meat products to safeguard public and animal health.

Rule 36.5 All expenses incurred in the proper disposal of confiscated imported items under this Section shall be borne by the importer or any other party found to be involved in its importation, sale and/or distribution.

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CHAPTER VII LABELING REQUIREMENTS

SEC. 37. Labeling of Meat and Meat Products. - Any meat or meat products prepared for commerce which has been inspected and marked “Inspected and Passed” shall be placed or packed in any can, pot, tin, canvas, other receptacle or covering in any establishment where inspection under the provision of this Act is maintained. The person, firm or corporation preparing said product shall cause a label to be attached to the said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been “Inspected and Passed” under the provisions of this Act.

Rule 37.1 Any meat and meat products prepared for commerce and which has been inspected and marked “Inspected and Passed“ by NMIS shall comply with the labeling requirements to enable the consumer to obtain accurate information about the product and to ensure product traceability.

Rule 37.2 The BAFPS, in collaboration with NMIS and with the participation of various stakeholders, shall set the standards for labeling of meat and meat products.

Rule 37.3 The NMIS shall be primarily responsible in the enforcement of standards for labeling of meat and meat products.

Rule 37.4 The label on meat and meat products for international trade shall comply with the requirements of the receiving country and shall be affixed prior to shipment.

Rule 37.5 The exporter of meat and meat products shall be responsible in giving information to NMIS on the labeling requirements of the receiving country.

SEC. 38. Sealed Meat and Meat Products. - No examination and inspection of meat and meat products deposited or enclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 45/59

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provisions of this Act is maintained shall be deemed to be complete until such meat or meat products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

SEC. 39. Distinct and Legible Labels. - All carcasses, parts of carcasses, meat and meat products inspected at any establishment and found to be not adulterated shall at the time they leave the establishment bear in distinctly legible form, directly thereon on their containers, the information required under the provisions of this Act.

Rule 39.1 The meat establishment operator shall be responsible for all labels to be affixed on their product prior to transport out of the meat establishment where said products were prepared and inspected. The NMIS inspectors assigned at the establishment shall ensure the compliance to this requirement.

Rule 39.2 All labels intended for meat and meat products shall be submitted for review and shall be approved by NMIS prior to use.

SEC. 40. Standards for Labeling. - The Secretary may prescribe: (1) the styles and sizes or type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling, (2) definitions and standards of identity or composition for articles and standards of fill of container for such articles consistent with any such standards required by receiving countries.

Rule 40.1 The NMIS shall initiate the setting of Philippine definitions and standards of identity or composition of meat and meat products and standards of fill of container.

Rule 40.2 BAFPS, as the standard setting agency for agricultural products, shall collaborate in this undertaking and upon completion shall prescribe the Philippine standard.

Rule 40.3 The NMIS shall be primarily responsible in the enforcement of standards for labeling of meat and meat products.

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Rule 40.4 Meat and meat products shall be labeled according to Philippine standards. Exporters of products shall seek exemption if the standard required by the receiving country is different, provided that such requirement does not give misleading or false information about the product.

SEC 41. False or Misleading Marks and Labels. - No article shall be sold or offered for sale by any person, firm or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted.

Rule 41.1 It shall be unlawful for any person, firm or corporation to label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.

Rule 41.2 It shall be unlawful for any person, firm or corporation to import into the Philippines or advertise any prepackaged meat and meat product that has applied to it a label that contains any false or misleading representation relating to or that may reasonably be regarded as relating to that product.

SEC. 42. Withholding False or Misleading Marks and Labels. - If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading

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CHAPTER VIII SANITATION

SEC. 43. Sanitation Inspection. - The Secretary shall require a sanitation inspection to be conducted by experts/inspectors of all meat establishments to gather information concerning the prevailing sanitary conditions and from such, shall prescribe the rules and regulations under which meat establishments shall be operated and maintained. Meat and meat products from establishments operated under sanitary conditions that render them adulterated shall not be labeled or marked as “Inspected and Passed“.

Rule 43.1 All meat establishments shall adopt Good Manufacturing Practices (GMP) and Sanitation Standard Operating Procedures (SSOP) programs in the whole process of production, storage and distribution of their products.

Rule 43.2 The NMIS and PMIS shall oversee, monitor and evaluate the performance of meat establishments relative to their implementation of GMP and SSOP programs.

Rule 43.3 Meat establishments that operate below national standards for hygiene and sanitation thereby posing risk to animal and public health shall be recommended for closure by NMIS to the Secretary.

Rule 43.4 The NMIS and PMIS shall formulate “incentive schemes“ for establishments that are performing exceptionally in their compliance to sanitation standards.

Rule 43.5 There shall be a Sanitation and Environmental Management Unit under ARED to attend to the improvement of environmental performance of meat establishments.

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CHAPTER IX PRODUCT QUALITY AND SAFETY

SEC. 44. Standards and Guidelines. - The Secretary, by way of regulation, shall adopt internationally recognized standards, recommendations, set of procedures or guidelines to further ensure the quality and safety of meat and meat products.

Rule 44.1 The NMIS shall pursue the adoption and implementation of HACCP- based meat inspection system in the whole process of production.

Rule 44.2 The various classes of meat establishments shall comply with HACCP regulations following the scheduled program of implementation set by NMIS.

Rule 44.3 The NMIS shall have the legal power to enforce meat hygiene requirement and to direct the establishment operator and/or trader to recall adulterated meat and meat products at any point after dispatch of said products.

Rule 44.4 The NMIS shall ensure the proper disposition of the recalled meat and meat products by the establishment operator and/or trader.

CHAPTER X PRODUCT INFORMATION AND CONSUMER AWARENESS

SEC. 45. Information Campaign. - The NMIS shall have the responsibility to provide information and assistance to the consuming public on the proper handling and preparation, storing, processing, preservation of meat and meat products and may seek the assistance of the industry and the private sector in attaining its objectives.

Rule 45.1 The NMIS, in coordination with other concerned entities including but not limited to national government agencies, PMIS, importers, traders and meat establishment operators, shall provide information and assistance to the consuming public on the proper handling and

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preparation, storing, processing, preservation of meat and meat products to ensure that the meat they consume is safe and wholesome.

Rule 45.2 Meat establishment operators shall provide vital product information on their meat and meat products sold in the market.

Rule 45.3 Meat establishments shall have adequate systems that enable the tracing, and/or recall of product from the food chain. The NMIS shall verify that tracing and/or recall systems are adequate.

Rule 45.4 In case of a recall, communication with consumers and interested parties shall be undertaken where appropriate.

Rule 45.5 Where a recall of meat and meat product is necessary, the NMIS shall verify that the establishment and/or trader has taken steps necessary to ensure that all affected products or potentially affected products are included in the recall.

CHAPTER XI SERVICE FEES AND CHARGES

SEC. 46. Fees. - The Secretary, by way of regulation, and after public hearing, shall prescribe and charge such reasonable fees for services rendered. Amounts collected from fees, fines and other charges by the NMIS shall be deposited with the National Treasury and shall accrue to the General Fund.

Rule 46.1 Services provided by NMIS such as but not limited to accreditation, laboratory examination and certification shall be charged reasonable fees, the rates of which are set by the Secretary through an Administrative Order.

Rule 46.2 Meat Inspection fees charged by LGUs shall be at rates set through a local ordinance.

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Rule 46.3 All fees, fines and other charges due to NMIS shall be collected by designated collecting officers and remitted to the National Treasury under a Special Account to be created by the Bureau of Treasury.

SEC. 47. Meat Inspection Service Development Trust Fund. - There shall be an independent and separate trust fund established under this Act, to be administered by the Meat Inspection Board. An amount not less than fifty percent (50 %) for the first five (5) years, accrued from the fees, fines and charges shall be used for the purpose of the Meat Inspection Service Development Trust Fund. The fund shall be used for the continued upgrading of laboratory equipment and facilities to conform with international standards, training facilities, capability development of technical personnel, research and development, indemnification of condemned animal during ante-mortem inspection, accreditation of foreign meat plants and other forms of assistance and support to the livestock sector. The trust fund may also accept grants and donations from national and foreign entities and individuals interested in the meat inspection development.

Rule 47.1 The NMIS, in consultation with the DA, DOF and DBM, shall formulate the mechanism for the Meat Inspection Service Development Trust Fund (MISDTF). This shall be presented to the Meat Inspection Board for endorsement to the Secretary who shall issue the administrative order providing for its establishment and operation.

Rule 47.2 The priority for fund utilization shall be the improvement of meat inspection service delivery following international standards to enable Philippine meat and meat products to be competitive in the world market.

Rule 47.3 The NMIS shall prepare an annual work and financial plan for the trust fund for review and approval by the Board.

Rule 47.4 Interested individuals and entities, domestic or foreign, may donate to the fund. Any grant or donation shall be properly received and acknowledged by the Board and shall accrue to the MISDTF.

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CHAPTER X II PROHIBITED ACTS

SEC. 48. Prohibited Acts. - No person, firm or corporation shall:

a. slaughter any food animal or prepare meat or meat product in any meat establishment except in compliance with the requirements of this Act;

b. slaughter or handle in connection with slaughter, any food animal in a manner not considered humane;

c. sell, transport, offer or receive for sale or transportation in commerce carcasses or parts thereof, meat and meat product required to be inspected under this Act unless they have been so inspected and passed;

d. do any act while they are being transported in commerce or held for sale, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded

Rule 48.1 Any person, firm or corporation found directly or indirectly violating any provision of this Ac t, in addition to the penalties and sanctions prescribed herein, shall be charged under applicable laws of the Philippines,

SEC. 49. Printing of Official Marks. - No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.

Rule 49.1 The production of any device containing any official mark or simulation thereof shall be regulated by the national or local controlling authorities as the case may be.

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Rule 49.2 Official certificates shall be accountable forms and proper security safeguards shall be exercised by the controlling authority in the printing and/or production

Rule 49.3 Official marks and official certificates issued by LGUs shall conform to NMIS prescribed format.

SEC. 50. Forging Official Marks. - No person, firm, or corporation shall (1) forge any official device, mark or certificate; (2) use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; (3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device mark, or certificate; (4) knowingly possess any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; (5) knowingly make any false statement in any certificate; or (6) knowingly represent that any article has been inspected and passed under this Act when, in fact, it has not been so inspected and passed.

SEC. 51. Absence of Ante-mortem Inspection. - It shall be unlawful for any person, either for himself or in behalf of another person, firm or corporation or partnership to slaughter food animals which have not been submitted for ante- mortem inspection or to store, transport or sell carcasses, organs or parts thereof which have not been previously inspected and passed or have been found upon inspection to be unfit for human consumption.

SEC. 52. Interference in the Conduct of Inspection. - It shall be unlawful for any person, firm or corporation to resist, harass, intimidate, assault, impede or interfere with any inspector during the performance of his duties as prescribed under this Act.

Rule 52.1 Any inspector who is harassed, intimidated, threatened, or assaulted by any person during the performance of his official duties shall be given full assistance by law enforcement agencies.

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Rule 52.2 Any inspector who, in the performance of his official duties, is charged in court shall be provided with legal assistance by the DA or the LGU.

Rule 52.3 Any person, firm or corporation who shall resist, interfere with or impede the completion of duties of an inspector shall be held liable and charged accordingly under this Act.

SEC 53. Unlawful Trading. - It shall be unlawful for any person employed by the NMIS or person employed by the local government unit for the purpose of meat inspection work, to engage directly or indirectly in the business of buying, selling and trading or otherwise negotiating purchases or sales of meat and meat products for his own account or as an employee of another person, firm or corporation.

Rule 53.1 Any person employed for the purpose of meat inspection work, found directly or indirectly violating this section shall be charged under applicable laws, rules and regulations.

SEC. 54. Unlawful Shipment. - It shall be unlawful for any shipping line or airline to accept shipment of meat and meat products for export into our country without an accompanying veterinary quarantine clearance issued by the Philippine Department of Agriculture and International Veterinary Certificate issued by the national controlling authority of the exporting country.

Rule 54.1 The Secretary shall within one (1) year from the effectivity of this IRR, issue guidelines in the implementation of the aforementioned section.

CHAPTER XIII ACCESS AND EXAMINATION

SEC. 55. Record Keeping. - The following classes of persons, firms, and corporations shall keep such records and willfully and correctly disclose all pertinent transactions involved in their business; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof – (1) any person, firm or corporation ________________________________________________________________ Implementing Rules and Regulations of the “Meat Inspection Code of the Philippines”; Text of the Law quoted in full, in italics. 54/59

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in the business of slaughtering food animals, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food (2) any person, firm, or corporation engaged in the business of buying or selling or transporting, or storing in, or importing, any carcasses, or parts or products of carcasses, of any such animals.

Rule 55.1 Any person, firm or corporation engaged in the business of slaughtering food animals, or preparing, freezing, packaging or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food, and any person, firm or corporation engaged in the business of buying or selling or transporting, or storing in, or importing, any carcasses, or parts or products of carcasses of any such animals shall maintain records of all transactions related to meat quality and safety including inventory of goods as well as any other information identified by the NMIS necessary in the formulation of policies and regulations including those on product traceability or recall.

Rule 55.2 The records and other information of the entities enumerated in the preceding rule shall be made available to officers authorized by the Secretary.

Rule 55.3 Special inspections by an authorized inspector apart from routine meat inspection shall be conducted at reasonable time upon notice to the establishment operator.

CHAPTER XIV PENALTIES AND SANCTIONS

SEC. 56. Administrative Fines. - The Secretary by way of regulation shall issue a schedule of administrative fines for violations of any provisions of this Act.

Rule 56.1 The corresponding administrative fines shall be imposed on any person, firm or corporation found to have violated any provision of this Act after due process.

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Rule 56.2 Any person, firm or corporation found directly or indirectly violating any provision of this Act, in addition to the penalties and sanctions prescribed herein, shall be charged under applicable laws of the Philippines,

Rule 56.3 All fines collected under this Act shall be collected by designated NMIS Collecting Officers and shall accrue to the national treasury as part of the income of NMIS. The twenty percent (20%) share due to the LGU as provided in Section 11 of this Act, shall be considered in the formulation of the mechanics for MISTDF.

SEC. 57. Cease and Desist Order. - The Secretary is authorized to issue after proper notice and hearing which shall be summary in nature except in instances when the continued operation causes imminent danger to public health, a “Cease and Desist Order“ to any person, firm, or corporation engaged in the business of slaughtering food animals, or preparing, freezing, packaging, storing or labeling any carcasses or parts or products of carcasses for use as human food, found to be in violation of any of the provisions of this Act should the continued operation of the said entity pose risk to public health and endanger the animal population.

Rule 57.1 The Cease and Desist Order (CDO) shall be issued after proper notice to the operator and summary hearing. However, should the violation pose imminent danger to public health, the CDO shall be issued immediately upon the recommendation of NMIS and approval of the Secretary.

Rule 57.2 The NMIS, in cooperation with the national law enforcement agencies and the LGU concerned, shall enforce the CDO.

Rule 57.3 The CDO shall be lifted only after corrective measures have been instituted as audited and approved by the NMIS.

SEC 58. Confiscation. - Any carcasses, parts of carcasses or products of carcasses found to have been prepared, handled, packed, stored, transported or offered for sale as human food not in accordance with any provisions of this Act shall be confiscated and disposed of as provided in the Implementing Rules and

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Regulations at the expense of the person, firm or corporation found to be in violation thereof.

Rule 58.1 Personnel of NMIS and LGUs employed for the purpose of meat inspection shall have the authority to confiscate any carcasses, parts of carcasses, meat and meat products found to have been prepared, handled, packed, stored, transported or offered for sale as human food not in accordance with any provisions of this Act.

Rule 58.2 All confiscations undertaken by an inspector shall be properly documented. A confiscation receipts shall be issued to the owner attesting to the cause of confiscation.

Rule 58.3 The disposal of confiscated items referred to in the preceding rules of this section shall follow prescribed guidelines issued by the Secretary and in all phases shall be transparent.

Rule 58.4 The owner of the confiscated items shall be accorded the opportunity to witness the condemnation and disposal of unfit meat and meat products.

CHAPTER XV TRANSITORY PROVISION

SEC. 59. Implementing Rules and Regulations. - The Secretary shall within ninety (90) days from the effectivity of this Act convene a technical working committee composed of representatives from the National Meat Inspection Service, Bureau of Animal Industry, Bureau of Food and Drugs and one (1) representative each from the League of Cities and the League of Municipalities to formulate in consultation with the private sector the necessary implementing rules and regulations. The implementing rules and regulations shall be submitted to the Committee on Agriculture of both Houses of Congress for prior approval.

Rule 59.1 Unless otherwise provided, the NMIS shall be responsible for the drafting of the administrative orders and other regulations, guidelines and/or procedures to implement the various provisions of this IRR.

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Rule 59.2 After the issuance of all the administrative orders called for under this IRR, NMIS shall compile all laws, rules and regulations pertinent to meat inspection to be issued by the Secretary as the Code of Meat Inspection Regulations.

Rule 59.3 The Secretary, through a special committee composed of members from the Department of Agriculture and other industry stakeholders shall monitor the codification of the various administrative orders and other regulations specified in this IRR.

Rule 59.4 The Secretary shall, from time to time and as the situation demands, issue administrative orders, regulations, guidelines and procedures to attain the objectives of RA 9296.

Rule 59.5 The Secretary shall submit to the Committee on Agriculture of both Houses of Congress copies of the IRR.

Rule 59.6 The Secretary, through the Policy Research Service and the Legal Service of the DA, shall review relevant issuances to determine any necessary amendment in conformity with the provision of this Act.

CHAPTER XVI MISCELLANEOUS AND FINAL PROVISIONS

SEC. 60. Separability Clause. - If any portion or provision of this Code is declared invalid or unconstitutional, the other portions or provisions not affected thereby shall continue to be in full force and effect.

SEC. 61. Repealing Clause. - All existing laws, decrees, executive orders and rules and regulations or parts thereof which are in consistent with this Code, are hereby repealed or modified accordingly.

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SEC. 62. Effectivity. - This Code shall take effect thirty (30) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes first.

Rule 62.1 These IRR shall take effect fifteen (15) days after publication in a newspaper of general circulation.

October 7, 2005

Ordenanza Administrativa del Departamento de Agricultura N° 28, Serie 2005, Reglas y Regulaciones Implementando la Ley de la República N° 9296 conocida como el Código Filipino de Inspección de la Carne, Filipinas

Documentos disponibles