Republic of the Philippines
Department of Agriculture
BUREAU OF ANIMAL INDUSTRY
Visayas Avenue, Diliman
Quezon City
September 23, 1975
ANIMAL INDUSTRY
ADMINISTRATIVE ORDER )
No. ____35____________ )
SUBJECT : RULES AND REGULATIONS GOVERNING THE MANUFACTURE, IMPORTATION, LABELING, ADVERTISING, DISTRIBUTION AND SALE OF LIVESTOCK AND POULTRY FEEDS AND FEEDING STUFFS.
Pursuant to the provisions of Republic Act. No. 1556 as amended by Presidential Decree No. 7, the following rules and regulations governing the manufacture, importation, labeling, advertising, distribution and sale of livestock and poultry feeds are hereby promulgated for the information and
guidance of all concerned:
ARTICLE I – TITLE
Section 1. This Order shall be known as the Livestock and Poultry Feeds Regulations.
ARTICLE II – DEFINITIONS
Section 2. For purposes of these regulations, the following words or terms shall mean:
1. Act – refers to Republic Act No. 1556, as amended by Presidential Decree No. 7.
2. Adulterated feeds – are mixed feeds, feedstuffs or ingredients found to contain any material that may be injurious, damaged or of no food value or if any substance has been added thereto that may increase its bulk or weight and/or may reduce its quality or strength. For purposes of this Order, a mixture of two or more mixed feeds of different formula or brand with intent to sell is also considered adulterated feeds.
3. Analyst – Any official analyst appointed or designated as such by the Director of Animal Industry for the purpose of implementing this Act.
4. Animal Nutritionist – Any person who has at least a scholastic credit of nine (9) units in animal nutrition from a duly recognized educational institution and five (5) years experience in compounding animal feeds in a duly registered feed mill, or one who has a degree in animal science
major in animal nutrition.
5. Association, duly recognized – Any association of persons engaged in the development of livestock industry, either as animal raisers or animal feed manufacturers which has been extended recognition by the Bureau.
6. Base – refers to the main or chief ingredients (quantitatively) in a mixture.
7. Brand – means any distinctive mark or name applied to feed or feeding stuff.
8. Commercial feed or feeding stuff – refers to feed or feeding stuff intended for sale whether to the general public or to a limited clientele.
9. Complete feed – a mixture of feed ingredients by specific formula to be fed as the sole ration and is capable to furnish the nutritive requirements to maintain life for promoting production without any additional substance except water.
10. Concentrates – shall apply to feed stuffs low in fiber and high in total digestible nutrients.
a) Concentrates, mixed – these are mixed feed ingredients containing a high amount of protein, vitamins and minerals intended to be used as a complete feed after the addition of cereal grains and their by-products.
b) Concentrates, simple – these are single feed ingredients containing at least 60% total digestible nutrients, such as fishmeal, soybean oil meal, etc. and intended to be further diluted
and mixed with other ingredients to produce a supplement or a complete feed.
11. Custom mixed feeds – are commercial feeds mixed in accordance with the specifications of the final buyer or consumer.
12. Damaged feeds – any feed or feedstuff which has been subjected to any factor that has decreased the nutritive value of any feed or feedstuff which when fed to livestock may be injurious to the health of the animals.
13. Dealer – Any person engaged in the business of buying and selling to any person other than the end-user.
14. Director – means the Director of Animal Industry and Bureau refers to the Bureau of Animal Industry.
15. Distributor – An agent of the manufacturer for the purpose of marketing finished products.
16. Feed or feeding stuff – shall embrace all such articles to be used as feeds purporting to supply proteins, carbohydrates, fats, minerals, vitamins, antibiotics, growth promoting factors whether identified or unidentified and/or correcting nutritional disorders. Such articles may be locally produced or imported, mixed or in the form of simple ingredients; Provided, however, that the following are excluded.
(1) Whole Seeds or grains, unmixed.
(2) Fresh green roughage and unprocessed liquid milk in all
its forms.
(3) Dried and ground hays and straws, dried and ground corn stalks or other parts of the corn plant not included in the grains, rice hulls, cane sugar, bagasse, dried beet pulp, oat hulls, barley hulls, clipped oat by-products, sorghum plant by-products and flax plant by-products, cotton seed hulls, mongo bean hulls, buckwheat hulls, cocoa shells, or other materials of a similar character.
17. Importer – A person who imports feed or feedstuff from any point outside of the Philippines.
18. Indentor – A person who makes an order for another for the importation of feed or feedstuff.
19. Ingredient – means any single article of feed or feeding stuff which enters into the composition of a ration, concentrate, or supplement.
20. Inspector – Any person authorized by the Director of Animal Industry to enforce the provisions of the Act and the regulations provided for in this Order.
21. Label – means and includes any written, printed or graphic matter attached or affixed to any package, bale or bundle of feeds.
22. Licensed Chemist – Any person licensed to practice the Science of Chemistry by the Board of Chemist of the Philippines.
23. Livestock – include all domestic animals with economic value. For this
purpose, poultry is included in the term livestock.
24. Manufacturer – Any person who mixes feed ingredients into complete feed and/or processes feed ingredients, for sale.
25. Manufacturer of non-commercial feeds – Any person who mixes feed ingredients into complete feed and/or processes feed ingredients solely for personal consumption of his or his immediate family’s livestock.
26. Mixture – means any combination of two or more feed ingredients used in the manufacture of feeding stuff.
27. Non-commercial feed or feeding stuff – any feed or feeding stuff not intended for sale.
28. Owner – is the person, firm, partnership, cooperative, association, or corporation applying for the required registration under this Act or any person or establishment actually engaged in the manufacture, importation, distribution and sale of livestock and poultry feeds.
29. Package – means sack, bag, barrel, bin or any other container for feeds.
30. Person – refers to natural or juridical person in the singular or plural.
31. Regulation – refers to this order and such other orders issued by the Bureau of Animal Industry to implement the provisions of R.A. 1556, as amended.
32. Retailer – Any person engaged in the business of selling feeds or feedstuffs to end-users.
33. Roughages – shall include dried and ground hays and straws, dried and ground corn stalks or other parts of the corn plant not included in the grain, dried beet pulp, oat hulls, barley hulls, clipped oat by-products, sorghum plant by-products and flax plant by-products, cotton seed hulls, buckwheat hulls, cocoa shells, grain screening, coffee ground or other materials of a similar character. This shall not include adulterated feed.
34. Secretary – means the Secretary of Agriculture and Department refers to the Department of Agriculture.
35. Small Feed Miller – Any person engaged in the manufacture of animal feeds with a daily production of not more than twenty (20) metric tons.
36. Supplement – is a feed ingredient or mixture of feed ingredients intended to supply the deficiencies in a ration or improve the nutritive balance or performance of the total mixture.
37. Supplier – Any person who supplies feed or feed ingredients with an average gross sale of P1,000.00 per day.
38. Veterinarian – Any person authorized to practice veterinary medicine by the Board of Veterinary Medicine.
ARTICLE III – REGISTRATION
Section 3. Any person desiring to engage in the manufacture, importation, sale or distribution of feeds or feeding stuffs shall be first registered with the Bureau.
Section 4. All application for registration for the manufacture, importation, sale or distribution of livestock feeds shall be made in writing and under oath and shall be accomplished in forms provided by the Bureau. Said application shall be signed by the applicant himself, in case of natural persons, or by a partner or manager in case of juridical persons and shall distinctly indicate the kind or nature of feeds or feedstuffs to be manufactured, imported, sold or distributed, the brand name, and in the case of retailer, the number of stores and the locations thereof; and finally, in the case of manufacturers, the number of factories and the locations thereof. The application shall be accompanied with a sample of the labels or tags which the manufacturer will use on the feed or feeding stuff manufactured and any subsequent changes therein shall be registered with the Bureau without any additional cost.
Section 5. Upon verification and approval of the application and payment of corresponding registration fee, a certificate of registration will be issued by the Director in the form adopted for the purpose, which shall be placed conspicuously in a place of business and readily visible to the public.
Section 6. Registration shall automatically expire every end of the calendar year and may be renewed annually thereafter in accordance with the provisions of this Order.
Section 7. There shall be a separate registration for feed ingredient manufacturers, feed importers, feed indentors, distributors, suppliers, and retailers. Registration shall not be transferable to any person and shall not apply to any location other than that specified in the certificate of registration.
Section 8. Feed and feed ingredient manufacturer and/or importer who maintain retail establishments other than their place of business shall pay both manufacturers and/or importers and retailers fee.
ARTICLE IV – QUALITY CONTROL SERVICE
Section 9. All person engaged or desiring to engage in the manufacture of mixed feeds for commercial purposes, shall establish and maintain a quality control laboratory and shall retain the services of licensed chemist and a veterinarian or a licensed chemist and an animal nutritionist to be responsible for the analysis and test of mixed feeds before they are released for sale to determine their conformity with the feed formula of the particular feed and feeding stuff.
Section 10. It shall be mandatory to all persons engaged in the manufacture of feeds for poultry and swine for commercial purposed to maintain livestock to be fed with its manufactured feeds for experimental purposes. The number of said experimental purposes shall not be less than the following:
Poultry – 50 for broilers, 50 day-old pullets; 50 growers, and 50 layers.
Swine – 5 piglets, 5 growers, 5 breeding gilts and sows and 5 finishers
Provided that only the class of animals which are the object of the particular kind of feed produced need be maintained.
Section 11. Two or more small feed millers may agree among themselves to establish and maintain a common quality control laboratory and retain the services of a common personnel therefore and such shall be considered sufficient compliance to the provisions of Section 8 hereof; Provided, that in lieu of the above, any small feed miller may attach and avail itself of the laboratory services of any recognized college / institute / university offering its laboratory for feed quality control services.
ARTICLE V – LABELING
Section 12. All containers of feed and/or feeding stuff offered for sale shall bear a complete label as required by Section 5 of Republic Act 1556, as amended by P.D. 7.
Section 13. Each label shall be printed in English, must be legible, clear and distinct in its meaning. Brand names of feeds must be printed in larger sized type than that of the ingredients. Labels must be attached to the package, printed or affixed on one side of the container in such a way that the whole content of the label can be read without detaching it. The standard name of the feed must likewise be clearly printed.
Section 14. Custom mixed feed must be accompanied by an invoice issued to the consumer-buyer showing total weight of feed ingredients used, name of the consumer-buyer, date and name, address and registration number of the number of the manufacturer in lieu of the tag or label.
Section 15. The guaranteed analysis specified in the label shall conform to the actual calculated nutrient contents of feed and any changes in the said analysis shall be made known in writing to the Director of Animal Industry before such changes are made.
Section 16. The minimum percentage of crude protein shall form part of the brand name of all high protein mixed concentrates.
Section 17. In the case of mineral feeds or mixed feed containing more than a total of five percent of one or more added mineral ingredients, the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P) and iodine (I), and the maximum percentage of salt (NaCl) must be declared; Provided, that if not nutritional properties other than those of a mineral nature be claimed for mineral feed product, the percentage of crude protein, crude fat, and crude fiber may be omitted.
Section 18. Feeds containing drug or drug ingredients for the prevention of diseases of livestock should be labeled to show:
(a) The name and percentage of drug used;
(b) Directions for use;
(c) Warning against use under those conditions in which its use may be dangerous to the health of livestock and man.
Section 19. Net weight – Label on each container must show the net weight in kilograms of the feed and/or feeding stuff in the container. Such statements as “4 kilos gross” or 45 “kilos when packed”, etc. are prohibited. Each bag of mixed feeds feeding stuff for commercial purpose shall have weight of either 10, 25, 40, and 50 kilograms.
Section 20. Misleading advertisement – Labels of containers of feed and/or feeding stuff must not contain any form of advertisement and/or claims that are false and misleading. Any advertisement containing any claim that the feed is suited for all purposes shall considered a misleading advertisement under this Order.
Section 21. The use of urea in mixing feeds or the sale of mixed feeds, feedstuffs and ingredients, containing urea is prohibited except for mixed feeds for ruminants, the amount in which should appear in the label.
ARTICLE VI – CLASSIFICATION
Section 22. By-products of grains shall be classified as follows:
1. Rice by-products:
a. Rice polish is the finely powdered material obtained in polishing rice kernels. It shall have the following analysis:
Crude Protein…………………………………………… 12.0% min.
Fat ……………………………………………………… 15.0% min.
Fiber …………………………………………………….. 6.0% max.
Moisture ………………………………………………… 13.0% max.
b. Rice bran is the pericarp of bran layer of rice, with only such quantity of full fragments as is unavoidable in the regular milling of rice.
Cono: D1 – First class or fine rice bran
Crude Protein…………………………………………… 11.0% min.
Fat ……………………………………………………… 12.0% min.
Fiber …………………………………………………….. 7.0% max.
Moisture ………………………………………………… 13.0% max.
Cono: D2 – Second class or coarse rice bran
Crude Protein……………………………………………. 4.0% min.
Fat …………………………………………………….… 2.0% min.
Fiber …………………………………………………….. 30.0% max.
Moisture ………………………………………………… 13.0% max.
2. Corn by-products:
a. Corn bran is the outer coating of the corn kernel, with little or none of the starchy part of germ. It shall have the following analysis:
Crude Protein…………………………………………… 10.0% min.
Fat ……………………………………………………… 5.0% min.
Fiber …………………………………………………….. 8.0% max.
Moisture ………………………………………………… 13.0% max.
b. Corn grits are hard, flinty portions of sound corn, with little or none of the bran or germ. These broken small particles are separated from the rest by screens of different gauges. Thus these grits are of three sizes – fine (no. 22), intermediate (no. 16) and coarse (no. 14). They shall have the following analysis:
Crude Protein…………………………………………… 7.0% min.
Fat ……………………………………………………… 0.5% min.
Fiber …………………………………………………….. 2.0% max.
Moisture ………………………………………………… 13.0% max.
c. Corn gluten meal – that part of commercial shelled corn that remains after the extraction of the larger part of the starch and germ, and the separation of the bran by the processes employed in the wet milling manufacture of corn starch or syrup. It may or may not contain either corn solubles or corn oil meal.
Crude Protein…………………………………………… 42.0% min.
Fat ……………………………………………………… 1.5% min.
Fiber …………………………………………………….. 4.5% max.
Moisture ………………………………………………… 13.0% max.
d. Corn gluten feed – that part of commercial shelled corn that remains after the extraction of the larger part of the starch and germ by the processes employed in the wet milling manufacture of corn starch or corn syrup. It may or may not contain either corn solubles or corn oil meal.
Crude Protein…………………………………………… 20.0% min.
Fat ……………………………………………………… 2.0% min.
Fiber …………………………………………………….. 8.0% max.
Moisture ………………………………………………… 13.0% max.
e. Corn germ meal – This is ground corn germ cake (the residual product after extraction of oil from corn germ with other parts of the corn kernel) as separated in the dry milling process of manufacture of corn meal, corn grits, hominy feed, and other corn by-products.
3. Whey By-products:
a. Wheat Pollard – is that portion of the wheat bran between the skin or the bran and the white interior (source of white flour). It shall have the following analysis.
Soft:
Crude Protein…………………………………………… 12.0% min.
Fat ……………………………………………………… 4.0% min.
Fiber …………………………………………………….. 8.0% max.
Moisture ………………………………………………… 13.0% max.
Hard:
Crude Protein…………………………………………… 16.0% min.
Fat ……………………………………………………… 3.0% min.
Fiber …………………………………………………….. 8.0% max.
Moisture ………………………………………………… 13.0% max.
ARTICLE VII – METHODS OF ANALYSIS
Section 23. The methods of analysis as published in the official methods of the Association of Official Agricultural Chemists, latest edition, shall be adopted in making analysis.
ARTICLE VIII – PUBLICATION
Section 24. Results of analysis and test of samples of feeds and feedstuffs collected from feed ingredient suppliers and feed manufacturers shall be published quarterly by the Bureau or as often as may be considered necessary, in which shall be specified the feeds and feedstuffs, the name of manufacturers and suppliers, the date of analysis and the results thereof.
ARTICLE IX – SAMPLING
Section 25. The following methods of obtaining samples by feed inspectors shall be adopted:
1. The Director of Animal Industry or his authorized agent, representative, or inspector shall be permitted at all reasonable time to enter and inspect any premises or conveyances in which feeds or feed ingredients are sold, produced, processed, transported or held possession for sale or distribution when he has reasonable cause to believe that any feed or feeding stuff is being prepared for sale and may open any package containing or supposed to contain any feed or feeding stuff there found without cost. He shall likewise be permitted to inspect only records or documents which are necessary in verifying the volume of production and/or importation for proper assessment of the inspection fee as provided for in Republic Act No. 1556, as amended.
2. Duplicate samples of a total of not less than ¼ kilo and not more than ½ kilo may be taken from random-sampled unopened bags.
3. Each sample must be properly labeled according to the tag attached to the feed containers where it was taken. Then each sample shall be sealed, signed and dated by the inspector in the presence of one of the manufacturer’s /dealer’s and/or importer’s representative who shall also
be requested to sign. One of the samples shall be taken to the Bureau of Animal Industry for appropriate analysis, and the other sample given to the manufacturer, owner, processor, and/or importer.
4. Results of analysis will be recorded in the Bureau files and may be published in accordance with the provisions of this Order.
ARTICLE X – PAYMENT OF FEES
Section 26. Any person applying for registration under the Act shall pay a registration fee of:
1. For manufacturer of feed or feedstuff, P 300.00
2. For manufacturer of non-commercial feed, free
3. For importer or indentor, P 200.00
4. For supplier, P 100.00
5. For distributor, P 50.00
6. For retailer, P 5.00 per store
Section 27. Inspection fees of P 0.20 per metric ton shall be levied on all feed ingredients, mixed feeds, supplement and/or concentrates that are
manufactured locally or imported from abroad.
Section 28. Inspection fees should be paid monthly on the basis of total feeds or feedstuffs manufacturer or imported, Provided that the manufacturer or importer shall show to the inspector upon request all records of production or importation for the months in question. Part of fractions of one (1) ton shall be considered as one ton.
Section 29. The inspection fee shall be paid monthly to the Cashier of the Bureau of Animal Industry or his duly authorized representative directly. Payments of inspection fees shall be accompanied, showing the following:
1. Name of manufacturer or importer
2. Address
3. Date
4. Kinds of feeds manufactured or imported
5. Total weight (metric ton) of each kind of feed manufactured and/or imported.
Section 30. Surcharges. Fees imposed by the preceding sections which are not paid on the dates they are due shall be levied an additional charge in accordance with the following rates:
Within fifteen (15) days after due date – 25% of amount due.
Over fifteen (15) days but not more than thirty (30) days after due date – 50% of the amount due.
Over thirty (30) days but not more than forty five (45) days after due date – 75% of the amount due.
Provided, that the surcharges herein provided shall be without prejudice to whatever other legal remedies or actions which the government may take for the protection of its rights and interests.
ARTICLE XI – PROHIBITIONS
Section 31. Damaged and adulterated feed and feedstuff shall not be sold or offered for sale. For purposes of this Order, the addition of ground rice hull to rice bran is expressly prohibited.
Section 32. No custom – mixed feed shall be sold in the open market.
Section 33. Containers which have been previously used for things or objects harmful to animals shall not be used as containers for feed or feedstuffs. Feeds or feedstuffs found in said containers shall be considered damaged for purposes of this Order.
ARTICLE XII – DAMAGED AND ADULTERATED FEED DISPOSITION
Section 34. The Director may order the disposition and condemnation of feed
and feeding stuff found to the damaged or adulterated under his direct supervision or he may order the disposition, under his supervision, of the damaged and/or adulterated feed and feeding stuff by the manufacturer, importer or any other person in possession thereof without prejudice for the damage or adulteration.
Section 35. The Director, upon recommendation of the Animal Feed Control Advisory Committee and with the approval of the Secretary, may order, in lieu of the disposition provided in the preceding section, the sale subject to conditions he may impose of the said damaged or adulterated feeds of some other economic value other than as animal feed, in which event the proceeds thereof shall accrue to the fund established under the Act.
ARTICLE XIII – OFFENSES AND PENALTIES
Section 36. (a) It shall be unlawful for any person partnership, firm, cooperative, corporation or association to engage in the manufacture, importation, sale or distribution of feeds or feeding stuff, without having first registered in accordance with this Act in the Office of the Director of Animal Industry. (b) Any firm, partnership, cooperative, corporation or association or its president/general manager or any person which will be unlawfully use a registration number, fraudulently lessen or adulterate the feeding value of any feed or feeding stuff, or tamper with packaged feeds for fraudulent purposes willfully remove, alter or efface the prescribed tags, labels, markings, or other information placed on packages of feeds or feeding stuffs, fraudulently alter or use certificates of analysis of any official analyst; willfully obstruct, hinder, resist or in any other way oppose the Director or his duly authorized representative in the execution of his duties under this Act; make unauthorized disposition of feed placed under detention; imports, manufacture, distribute, advertise, sell or offer for sale or possess for sale any feed which does not conform with or contravenes the provisions of this Act; or otherwise violate any provision of this Act and the rules and regulations issued hereunder, shall be punished by a fine of not less than One Thousand pesos or by imprisonment of not more than one year and one day, or by both, at the discretion of the court.
ARTICLE XIV – REPEALING CLAUSE
Section 37. This Order revokes Animal Industry Administrative Order No. 16 and shall revoke, amend and/or supersede such other orders, memoranda, rules and regulations which are inconsistent herewith.
ARTICLE XV – SEPARABILITY CLAUSE
Section 38. Any section or portion of this Order which may hereafter be declared unconstitutional shall not affect the constitutionality of any other portions of this Order.
ARTICLE XVI – EFFECTIVITY
Section 39. This Order shall take effect six months after publication in the Official Gazette or in a newspaper of general circulation except the provisions of Articles II, III, XI, XII, and XIII which shall take effect one month after said publication. (Published in the Philippines Daily Express on November 26, 1975).
SO ORDERED.
(Sgd.) SALVADOR H. ESCUDERO III
Director
RECOMMENDED BY:
THE ANIMAL FEED CONTROL
ADVISORY COMMITTEE
BY:
(Sgd.) GERONIMO DELA CERNA
Chairman
APPROVED:
(Sgd.) ARTURO R. TANCO, JR.
Secretary of Agriculture