Dairy Safety Regulations

March 12, 2019

DA ADMINISTRATIVE CIRCULAR NO. 04, S. 2019

THE DAIRY SAFETY REGULATIONS

Pursuant to the effective implementation of Section 16 (Specific Responsibilities of the Department of Agriculture) of the Republic Act No. 10611 otherwise known as the Food Safety Act of 2013 and its Implementing Rules and Regulations (IRR), the provisions of this Administrative Order is hereby adopted and promulgated by the National Dairy Authority (NDA) of the Department of Agriculture (DA), as follows:

ARTICLE I

Objectives

This Order aims to strengthen the dairy safety regulatory system of the country, and shall adopt the following objectives:

a. Protect consumers from unsafe and adulterated locally-produced milk;

b. Enhance industry and consumer confidence in the dairy regulatory system;

c. Achieve economic growth and development by promoting fair trade practices and sound regulatory foundation for domestic distribution; and

d. Upgrade the capability of local dairy farmers, consumers, and dairy personnel in ensuring dairy safety.

ARTICLE II

Scope

This Order covers farmers, businesses and enterprises of Dairy Business Operators (DBOs) involved in local milk production to postharvest handling.

ARTICLE III

Definition of Terms

SECTION 1. As used in this Order, the following terms shall be understood to have the meaning correspondingly provided below:

1.1 Assessment refers to the conduct of activities in order to make a sound judgement on how well the dairy enterprise is able to comply with the requirements specified in the Dairy Safety Regulations.

1.2 Audit refers to a systematic and functionally independent examination to determine whether activities and related results comply with prescribed protocols, standards, rules, regulations and laws.

1.3 Chemicals or compounds are used for maintaining, repairing, servicing, cleaning, or sanitizing equipment or surfaces or air that may be the source of, or result in, contamination of the dairy input, milk or milk products or anything associated with any process such as treating water, pest control, weeding, fertilizing, etc.

1.4 Colostrum refers to the milk produced by mammals within the first few days of lactation.

1.5 Dairy Business refers to any undertaking, whether public or private, that carries out any of the activities related to, or any of the stages of the dairy supply chain.

1.6 Dairy Business Operator (DBO) refers to a person engaged in the dairy business and is responsible for ensuring that the requirements of this Regulations and the Food Safety Act of 2013 are met by the dairy business under one's control.

1.7 Dairy Hygiene (hereinafter referred to as hygiene) refers to the measures and conditions necessary to control hazards that could lead to food-borne illnesses and to ensure fitness for human consumption of milk and milk products, taking into account its intended use.

1.8 Dairy Safety Regulations refers to the combination of regulations on dairy safety standards, inspection, testing, data collection, monitoring and other activities from the primary stages of the supply chain up to the post-harvest level.

1.9 Dairy Safety Compliance Officer (DSCO) refers to a professionally trained officer who may be hired and/or appointed by the DBO, or the DBO himself.

1.10 Dairy Safety Officer (DSO) refers to a professionally qualified and properly trained officer appointed by the NDA in accordance with the appropriate civil service rules, regulations, and this Order.

1.11 Inspection/Audit Report refers to the document that National Dairy Authority's (NDA) Dairy Safety Officer (DSO) produces containing the results and findings of an audit or examination, and the corresponding recommendations and/or actions to be undertaken by a Dairy Business Operator (DBO) for its compliance.

1.12 Licensing by DA means the process by which DA FSRAs approve an application of a person, corporation, cooperative, agriculture or fishery establishment, or other juridical persons, for authority to operate an establishment or to engage in any activity in the primary and postharvest animal and plant food and inputs. It includes facilities involved in activities related to agrochemicals and other inputs in the primary and postharvest stages of production. The approval will require proving capability to operate a facility or establishment or to engage in activities in the primary production and postharvest stages of the food supply chain and covered by the license.

1.13 License to Operate (LTO) refers to the document issued by the NDA after the dairy farms and milk collection centers have been enrolled and certified to be compliant with the Dairy Regulations.

1.14 Milk refers to the normal mammary secretion of milking animals obtained from one or more milkings without either addition to or extraction from it, intended for consumption as liquid milk or for further processing.

1.15 Processing refers to any action that substantially alters the initial raw materials or product of the primary and post-harvest within the dairy production chain.

1.16 Registration means the process by which NDA verifies and records information about dairy and dairy establishments engaged in the primary production and postharvest stages of the dairy supply chain including facilities involved in activities related to agrochemicals and other inputs in the primary and postharvest stages of production, in an official list or official system for entering names and information of the NDA.

1.17 Verification is the conduct of activities in cases of non-conforming dairy enterprises in order to prove and establish the truthfulness of the latter's efforts at compliance with these Dairy Safety Regulations.

1.18 Waste includes, without limitation, all solids, liquids, and gases that the operator intends to dispose of as being unwanted.

ARTICLE IV

The Dairy Safety Regulations and Standards

SECTION 1. The following dairy safety regulations and standards adopt the Hazard Analysis and Critical Control Points (HACCP), Good Agricultural Practices (GAP), Good Animal Husbandry Practices (GAHP), and Codex Alimentarius standards as far as practicable and suitable to Philippine dairy settings. These regulations also give preference to the compliance by the dairy enterprise operators with existing laws and administrative rules and regulations like health and environmental laws and regulations, quarantine, feeds, drugs and biologics; and consumer laws and fair trade rules.

SECTION 2. Requirements and Duties for Dairy Farm Owners/Operators/Managers on Dairy Production Chain. —

2.1. Dairy Farm

2.1.1. The dairy farm is located, designed, constructed, and the use and operation of dairy equipment are in such a way as to enable the production of safe milk that is fit for human consumption and other intended use.

2.2. Milk

2.2.1. The milk produced from the farm must not contain biological, chemical, or physical hazards at a level that may be directly or indirectly harmful to humans or animals;

2.2.2. The milk produced directly from the farm intended for human consumption must undergo further processing (e.g., pasteurization) prior to consumption. The Dairy Farm Owners/Operators/Managers shall be held accountable for the diseases or outbreak caused by direct consumption of milk that did not undergo further processing;

2.2.3. Ensure that any milk accepted prior to its delivery to the processing plant complies with the requirements for milk acceptance, quality and safety standards;

2.2.4. Milk that is found unfit for human consumption and other intended use due to disease or exposure to other risk factors, must be withheld, destroyed/subjected to safety treatment and disposed of accordingly; and

2.2.5. Ensure that colostrum is properly identified, handled, and separately stored as such.

2.3. Dairy Inputs

2.3.1. The use of agricultural chemicals, cleaning compounds, reagents and other dairy inputs in the farm approved by authorized entities must be utilized for their intended purpose, stored and handled in a manner that minimizes possible contamination.

2.4. Farm Operator

2.4.1. A dairy farm operator, owner or any other person in-charge of a dairy farm operation is responsible for ensuring compliance with this Order through its Dairy Safety Compliance Officer (DSCO); and

2.4.2. In cases of emergency and in the absence of the dairy farm owner or operator, a duly authorized personnel shall take charge of the over-all operations of the farm.

2.5. Dairy Animal

2.5.1. Ensure all milking dairy animals that are raised and milked in the dairy farms be in good health, free from communicable diseases, show no signs of pain, injury or discomfort.

2.5.2. Identify, isolate, and milk separately, animals affected by injury, non-zoonotic diseases, or those undergoing treatment. Milk from these animals should be disposed properly.

2.5.3. The following dairy safety annual tests for animals must be performed:

 

Test	Standard
1. Brucella	Negative
2. Leptospira	Negative
3. Tuberculin Test	Negative
4. Caprine Arthritis Encephalitis (CAE)	Negative

 

2.5.4. Isolate diseased animals with suspected zoonotic disease/s, and these animals should be culled upon confirmation.

2.6. Water

2.6.1. All water used in the farm during all milking/cleaning activities shall be of adequate quantity and potable quality.

2.7. Maintenance and Services

2.7.1. All necessary services required for a dairy farm are available in sufficient quantities and are suitable for their purpose;

2.7.2. Ensure appropriate and adequate maintenance, cleaning, sanitation, waste management, and pest control of the dairy farm;

2.7.3. The dairy farm must set a provision for filtering and cooling the milk.

2.8. Records

2.8.1. Records are required to be kept and must be available for inspection on request by the NDA, such as:

2.8.1.1. Veterinary and animal health;

2.8.1.2. Animal movement;

2.8.1.3. Nature and source of feed;

2.8.1.4. Water analysis;

2.8.1.5. Pest control program;

2.8.1.6. Fertilizers and chemicals used;

2.8.1.7. Equipment cleaning and maintenance program;

2.8.1.8. Milk safety and quality program;

2.8.1.9. Milk production record of individual animals;

2.8.1.10. Temperature and hygiene of milk storage and transport; and

2.8.1.11. Sources/manufacturers of all feeds, cleaning reagents, chemicals, veterinary drugs and medicines and other dairy farm inputs.

2.9. Transport vehicle

2.9.1. No specific transport vehicle is required as long as it (transport vehicle) is capable of transporting the milk to the processing plant without compromising its safety and quality.

2.9.2. The transport vehicle shall be clean, and the interior shall be free from surrounding hazardous elements (i.e., physical, chemical, biological) and/or sources that might produce these elements (e.g., gasoline, spare parts, etc.). The transport vehicle shall be provided with clean and sanitized cover/s for the milk container/s to prevent further contamination.

2.9.3. It shall be the responsibility of the milk producer and the concerned cooperative to ensure the cleanliness and maintenance of the transport vehicle for transporting the raw milk from the farm, to the collection center, up to the processing plant.

2.9.4. A spot check may be conducted by the Dairy Safety Officer from time to time to inspect the cleanliness and maintenance of the transporting vehicle to ensure the safety and quality of the milk.

2.9.5. The time of milk pick-up from the farm to the time of delivery to the milk collection center/processing plant shall be within 2 hours after milking for the safety and quality of milk. The time of storage and temperature of the milk shall be within the specifications as provided in section 3.1 of Article IV of this AO.

SECTION 3. Requirements and Duties for Dairy Farm Owners/Operators/Managers on Raw Milk Collection Chain. —

3.1. Milk for collection must be of the following quality and safety standards:

 

Dairy Quality Standards (Raw Milk)
TEST	STANDARD	FREQUENCY
1.   California Mastitis Test (CMT)	Visual interpretation: no thickening (Negative (N)) to slight thickening of mixture (Trace (T)). Trace reaction disappears with continued rotation of CMT paddle; (Negative (N) to Trace (T) in some literatures/manuals) 1	weekly
or
Whiteside Test	Visual interpretation: Milky, no particles (–) to milky with fine particles (±); (– to ± in some literatures/manuals) 2
2.   Organoleptic/	Smell — no foul odor Appearance — no visible dirt/or extraneous matter	daily
3.   Sediment	No visible dirt or extraneous matter in the filtrate	daily
1     Reference Material: Pfizer Animal Health (2011). California Mastitis Test Scoring. Retrieved from https://www.zoetisus.com/_locale-assets/myresources/gdr11062_cmt_scorecard_final1.pdf (see ANNEX). 2     Reference Material: Thipayak, Thananee. (2004). Examination and testing for mastitis. Retrieved from http://pirun.ku.ac.th/~fvettnt/45_detection.pdf. pp. 25-31. (see ANNEX).

 

Dairy Safety Standards (Raw Milk)
TEST	STANDARD	FREQUENCY
1. Temperature*	2-6ºC	daily
*When milk for further processing is not collected or used within two (2) hours after milking, it shall be cooled: •    to a temperature equal to or below 6ºC when collected on a daily basis; or •    To a temperature equal to or below 4ºC when not collected every day.       Deviations from those temperatures may be acceptable if those deviations will not result in an increased risk of microbial hazards, have been approved by the manufacturer receiving the milk, and/or have been approved by the competent authority (Reference: CAC/RCP 57-2004).

 

3.2. Milk should conform to Section 3 (Essential composition and quality factors), and Section 4 (Contaminants) of PNS/BAFPS 36:2007 Fresh Milk.

3.3. The milk collection center/milk chilling facility must be located, designed, constructed, and the use and operation of milk collection equipment, utensils and supplies should be in such a way as to enable the collection of safe milk that is fit for human consumption and other intended use.

3.4. The milk collection center must set a provision for filtering and cooling milk.

3.5. Milk collection centers must be operated according to the approved Risk Management Plan of the collection center to minimize hazards;

3.6. All milk collected must be stored/contained in food grade (stainless steel no. 304 or 316 as specified below) containers with smooth surfaces free from scratches, crevices, cuts, and rough edges; made of materials that do not leach harmful chemicals to contaminate the milk; and with cover;

 

STAINLESS STEEL SPECIFICATION
CATEGORY
ASTM Grade	304	316
EN Grade	1.4301	1.4401
Type	Austenitic	Austenitic
Chemical Composition, %	18Cr, 8Ni	17Cr, 10 Ni, 2Mo
Milk post-harvest Phases
• Transportation of raw milk	✓
• Filtering	✓
• Filling	✓	✓
• Transport tanks	✓	✓
• Refrigerated storage tank	✓
Reference: International Stainless Steel Forum (ISSF) (2010). Stainless Steel in the Dairy Industry: A sustainable solution for human diet. pp. 5-8.

 

SECTION 4. Requirements and Duties for Dairy Farm Owners/Operators/Managers on Personnel Hygiene. —

4.1. All dairy farm operators/owners/managers, milk collectors and other persons involved in the operations, from production to post-harvest handling, must ensure that persons, including visitors, whose presence or actions, at any premises or place where milk and other materials, may result in contamination of the milk, must wear appropriate protective clothing, follow an appropriate personal hygiene routine and behave in such a manner as may be necessary or desirable to minimize contamination to dairy material and associated things.

4.2. Persons infected by, or carriers of, disease or illness to be excluded from working areas or from handling dairy product. All dairy farm operators/owners/managers, milk collectors and other persons involved in the operations, from production to post-harvest handling must ensure that persons, including visitors, who are known to be, or suspected of being, infected by or a carrier of a disease or illness of public health concern (including a notifiable infectious disease as declared by the Department of Health) that is likely to be transmitted through dairy material, or associated things are precluded from working in areas where dairy material is handled.

4.3. All Dairy Business personnel must comply with the sanitation code and other requirements such as sanitation certificate from the local government units.

SECTION 5. Requirements and Duties for Dairy Farm Owners/Operators/Managers on Dairy Inputs. —

5.1. All farm owners, managers, operators, and all persons involved in any activity from production to post harvest handling must ensure that dairy material/input and associated things acquired, purchased and used in the farm conform to any and all relevant specifications that are appropriate to the class or description of the dairy material/input concerned, or the risk factor to be managed, or any combination of these.

5.2. All specified persons must ensure that measuring equipment that are used to carry out critical measurements are regularly and properly calibrated as prescribed by competent authorities and functions as intended.

5.3. The withdrawal period and procedure indicated primarily in the prescriptions of veterinarians, or in their absence, those instructions accompanying the drugs, medicines, and other biologics applied to, given, or used to treat the animals should be strictly followed.

5.4. All farm owners, managers, operators, and all persons involved in any activity from production to post harvest handling must ensure that any milk container (including secondary transport materials of any kind and cooling facilities) used for dairy material/input and associated things are designed, made, stored, and used in a manner that maintains the status of the dairy material/input as fit for its intended purpose and minimizes contamination.

5.5. Traceability Requirements

5.5.1. Labeling and identification system for dairy materials/inputs used in the farm must be in place.

5.5.2. Dairy material/input must be labelled or identified in accordance with any relevant specifications.

5.5.3. Any labeling or identification required by specifications must clearly relate to the dairy material/input to which it applies and contains information that accurately describes or differentiates the dairy material/input to which it applies.

5.5.4. Dairy material/inputs should be sourced from reputable and legitimate suppliers. DBOs must record dairy inputs product details like the supplier's name or store, contact, the lot identifier of the product or product identification, the fitness of the material or product for its intended purpose, its nature and physical condition, its origin, its composition, its ingredients, the proportions of its ingredients or other constituents, the type of treatment applied to the material or product, its expiry date, storage requirement and its net contents.

ARTICLE V

Production of the Risk Management Plan

SECTION 1. Dairy Business Operators (DBOs) are required to come up with their own respective Risk Management Plan. These shall be submitted for approval to the NDA, through the appropriate recommendation by the Regional Safety Task Forces.

SECTION 2. Risk factors for dairy farms including production inputs such as but not limited to feeds, fertilizers, cleaning reagents and the way in which these risks can be controlled must be specified in the Risk Management Plan before a dairy farm is allowed to operate.

ARTICLE VI

Mandatory Registration

SECTION 1. All dairy enterprise operators/dairy business operators desiring to engage in, or are already engaged in a dairy enterprise, including farms and milk collection centers, shall register with NDA.

SECTION 2. Registration shall be used to establish and consolidate the NDA's information and data records or registry on all dairy industry practitioners and to enable NDA to smoothly disseminate industry policies, plans, and programs direct to each practitioners. Thereby, a one-time registration fee of P500.00 regardless of size of business shall be collected.

SECTION 3. Lack of registration for dairy industry businesses will be a ground for the non-issuance of the License to Operate (LTO).

SECTION 4. The requirements for this mandatory registration, subject to modifications which can be made by the NDA's Dairy Regulatory Committee (REGCOM), are as follows:

4.1. Completely filled-out registration form of NDA; and

4.2. Specific requirements of the Local Government Units (LGU) on the respective area for business operations.

SECTION 5. The Registration of the applicant shall be issued by the NDA within three (3) working days from receipt of the complete documents and other requirements.

ARTICLE VII

License to Operate (LTO)

SECTION 1. A dairy business operator can only start operations or continue operating its business under a duly-approved LTO to be issued by the NDA upon the latter's determination that the operator's dairy business, after NDA's assessment thereof, is in conformity with, or has complied with the dairy regulations and standards prescribed herein. Failure to comply with the regulations and standards shall result in the non-approval of the operator's application for a LTO until such time as the NDA has verified compliance by the business to the said dairy regulations and standards.

SECTION 2. Lack of the Mandatory Registration under Article VI above results in the non-issuance of the LTO until compliance with the registration requirement is made.

SECTION 3. The first issuance of the LTO shall be valid for one (1) year. Upon renewal, the LTO shall be valid for three (3) years.

3.1. Failure to renew LTO on the deadline shall subject the delinquent DBO to a fine of P50/month until renewal application is made.

3.2. Failure to renew LTO within sixty (60) calendar days from the deadline as defined and reckoned above, shall cause the visitation and inspection by the proper DSO of the delinquent DBO.

SECTION 4. The application shall be made with the submission to the NDA of the following:

4.1. Registration as provided under Art. VI above.

4.2. Filled out and duly subscribed Application Form (to be supplied by NDA and downloadable from its website);

4.3. Risk Management Plan; and

4.4. Schedule of Inspection and Assessment as agreed to between the applicant and the NDA.

SECTION 5. The NDA REGCOM can, from time to time, add, subtract, adjust or modify the requirements for the issuance of the License through appropriate Orders.

SECTION 6. The LTO shall be issued by the NDA after all documents have been submitted, the requisite fees paid, and the inspection and assessment confirming compliance with the standards contained herein shall have been made with the applicant found compliant.

SECTION 7. The LTO shall be issued within three (3) working days from confirmation of compliance of the applicant with the standards prescribed herein the complete submission of all the documents and other requirements including payment of the requisite fees.

ARTICLE VIII

Fees and Charges

SECTION 1. Fees and charges will be imposed by the NDA to cover administrative, monitoring, assessment, verification, audit and milk testing (if third party, should have separate fees) costs in relation to the issuance of License to Operate (LTO) and for other legal purposes. The following schedules of fees and charges are subject to amendment by the NDA Dairy Regulatory Committee (REGCOM) with proper notice to the general public.

1.1. License to Operate for Dairy Farms:

Classification of dairy farms and corresponding fees

 

LTO Fee for Large Ruminants (PHP)	LTO Fee for Small Ruminants (PHP)
50.00/head	10.00/head

 

1.2. License to Operate for Milk Collection Centers/Chilling Facilities:

Classification of Collection Centers/Chilling Facilities and corresponding fees

 

LTO Fee (PHP)

100.00 for initial issuance (valid for one year)

300.00 for renewal (valid for three years)

 

ARTICLE IX

Control Measures and Activities to Ensure Dairy Enterprises' Compliance with Dairy Safety Regulations and Standards; Inspection, Assessment, Verification, Monitoring and Audit

SECTION 1. General Regulations. —

1.1. Control measures shall be risk-based and inspection, assessment, verification, monitoring and audit shall always be undertaken based on risks potentials or predisposition. Frequency of launching official controls is dependent therefore on the severity and likelihood of occurrence of the food safety risks being controlled or addressed.

1.2. At all times and instances and whenever practicable, the exercise of any of the official control measures or functions shall be commenced by a notice of the same furnished the Dairy Business Operator (DBO) or its officially designated Dairy Safety Compliance Officer (DSCO) stating therein the date and time of the exercise of the control function or activity. Again, control measures and activities must be undertaken within the scope of the Risk Management Plan (RMP) of the entity.

1.3. Inspection, assessment, verification, monitoring and audit shall be undertaken in the presence of the dairy business operator or its DSCO. Samples, documents and objects tagged for testing and review shall always be signed by both the NDA Dairy Safety Officer (DSO) and the Dairy Business Operator or its DSCO. Regular inspection should be carried out during business hours and days except when circumstances warrant otherwise in which case, the circumstances and grounds shall duly be noted and written in an official record.

1.4. Inspection, assessment, verification, monitoring and audit activities always include the examination of the operator's records and documents, and when needed, the production of certified copies thereof.

1.5. By reason of limited manpower and material resources, the NDA may delegate to the Local Government Unit's food safety/sanitation officer the function of inspection upon policies and protocols agreed upon by the NDA and the LGU, or those found in agreements made by the statutorily-created Food Safety Regulation Coordinating Board (FSRCB) and the DILG/LGU.

SECTION 2. Inspections/Assessments/Verification in Accordance with the LTO Application. —

2.1. Upon the approval of the schedule of inspection and assessment or verification of the applicant, inspection of the applicant's dairy business enterprise premises and facilities shall be conducted based on the approved schedule.

2.2. The NDA DSO and the Dairy Business Operator/owner or its DSCO shall be present sufficiently in all phases of the process. Materials like samples and documents gathered shall be signed by the DSO and the operator, its manager or its DSCO and these shall be listed in a document or record to be signed also by both.

2.3. During the course of the activity, if a non-compliant condition is found or observed, the same should be remedied right there and then if the condition is susceptible of being remedied at once. Otherwise, operations involving the non-compliant condition should be temporarily stopped until the condition is removed or rendered harmless.

2.4. Temporary termination of operations can only be resorted to upon finding of a serious violation of the regulations or standards that directly affect dairy safety and human health.

2.5. In case of control activities to be conducted under dangerous or hazardous conditions, the NDA DSO has the option to secure the aid of the local police, health and/or other law enforcement agencies or officers having jurisdiction over the vicinity.

SECTION 3. Scheduled Assessment, Verification, and Audit. —

3.1. The inspections and laboratory testing shall be made based on the schedules of NDA's dairy enterprise's RMP. A notice of the impending inspection shall still be given the dairy business enterprise.

SECTION 4. Unscheduled Inspections for Cause or in Times of Emergencies. —

4.1. Unscheduled inspection and assessment of a dairy enterprise can only be made when the NDA DSO has reasonable grounds to believe that identified risks exist and persist within the dairy enterprise premises. Such grounds shall be documented and officially recorded.

4.2. Unscheduled inspections shall commence with the giving of a notice of the inspection to the dairy enterprise on the day of the inspection. The notice shall state the reasonable grounds for which risks are said to be present.

4.3. All costs and fees related to the control activity shall be for the applicant's account upon presentation of proper and official billing.

SECTION 5. Monitoring. —

5.1. To ensure recommendations given to the Dairy Business Operator are accomplished, the DSO shall conduct periodic site visitation and follow-up to monitor compliance with the recommendations.

5.2. Alternatively, the DBO's Compliance Officer may submit proof of compliance with the DSO recommendations such as the submission of an affidavit accompanied by before-and-after photos showing compliance. This alternative however does not preclude or prohibit the DSO to conduct site visitation and verification if found still necessary.

SECTION 6. Approval of Applications for LTO. —

6.1. If found compliant, within fifteen (15) working days from the termination of the control activity, the DSO shall recommend approval of the application for LTO to the Regional Task Force Manager who shall then review and approve the same.

6.2. Copies of all approved LTOs shall be furnished the REGCOM within five (5) working days from approval.

ARTICLE X

Results of Control Activities and the Corresponding Communication, Remedial and Other Official Actions to be Undertaken Pursuant thereto Inspection/Audit Report

SECTION 1. General Regulations. —

1.1. The results and findings of all control activities or measures must be shared and given to the DBO subject of the control activity through an Audit Report.

1.2. Defective, contaminated, and/or unsafe milk or product affecting other related products, the results of control activities shall likewise be communicated and shared with the FSRA(s) having primary and immediate jurisdiction over the other products affected actually or potentially.

1.3. Information and communication received by the NDA from other FSRAs concerning defect, contamination or unsafe food that may affect dairy farms and milk collection centers, including all the dairy entities and service providers found in the dairy production shall be held in the strictest confidence and shall be used strictly for the immediate formulation and implementation of a responsive RMP including a Quick Response Program. The same reciprocity from other FSRAs is respectfully requested when NDA shares the same set of information with them.

1.4. Any remedial or corrective action(s) contained in an Inspection/Audit report shall be implemented based on the concerned DBO's RMP, the Dairy Safety Regulations, and those recommended by the Milk Quality Assurance Division head and ex-officio Chief Dairy Safety Officer (CDSO).

1.5. New and latest technologies for the sharing of information and communication of the results of control activities or measures shall be adopted and used for the efficient and effective implementation of the Dairy Safety Regulations. Submission of post-control Activity Reports shall be maintained in a regional as well as central data base and filing system for easy reference and retrieval.

1.6. Information acquired during the course of the control activities shall not be divulged to or shared with any third party especially the examined DBO's competitors except and only to the extent required by public health and safety concerns and protocols as found and declared so by the Chief Dairy Regulations Officer.

SECTION 2. For Compliant Dairy Business Operators. —

2.1. The DSO shall record and document his/her findings within fifteen (15) working days from the termination of his/her control activity in an Inspection/Audit Report. The Report shall point out the safety processes of the production stage, and other material processes implemented by the DBO which reduced if not removed the risks or the probability of their recurrence.

2.2. This Report shall be furnished to the Dairy Business Operator, the NDA Dairy Regulatory Committee (REGCOM), and the Regional Task Force.

SECTION 3. For Non-Compliant Dairy Business Operators. —

3.1. Non-compliance resulting in Exposure to Risk

3.1.1. Risks and deviations shall be attended to with dispatch by the DBO itself and corrective measures to be instituted shall be observed.

3.1.2. The necessity of instituting corrective measures shall be contained in the Inspection/Audit Report duly issued by the DSO and received by the DBO. Remedial measures instituted by the DBO against the risks and non-compliant product, process or procedure making the subject farm, business, enterprise or outfit compliant with these Regulations, shall always be subject to monitoring and verification by the DSO before any official action or sanctions adopted against the risk or non-complying milk, process, or procedure shall be lifted.

3.1.3. Depending on the circumstances, the following shall be observed in cases of non-compliant milk, process, and procedure:

3.1.3.1. In cases of applications for both the initial and annual LTOs, then the issuance or approval thereof shall be withheld pending compliance by the DBO as duly verified by the NDA DSO.

3.1.3.2. In cases of non-compliance discovered along the course of an annual control activity which are susceptible of immediate rectification within the same day or control visit, the remedial or corrective measure(s) shall be undertaken at once by the DBO.

3.1.3.3. In cases where no immediate relief can be instituted within the day or during the control visit, then remedial measures shall be performed by the DBO within the period the DBO estimates it shall be able to complete compliance with the Inspection/Audit Report issued by DSO. Once compliance is attained and DSO-verified, official actions or sanctions issued by virtue of the non-compliant milk, process or procedure shall be lifted.

3.2. Non-compliance directly resulting in Defective, Contaminated or Unsafe Milk

3.2.1. The traceability properties of the defective, contaminated and/or unsafe milk, including documents covering the backward and forward linkages of the milk in the food chain shall be filed as a report by the DSO.

3.2.2. Recalls of the defective, contaminated and/or unsafe milk shall immediately be undertaken by the DBO.

3.2.3. Other products that may have been affected by the defective, contaminated and unsafe milk shall be established and communicated with the FSRAs having authority over such other products.

3.2.4. Concerned local authorities, health centers and hospitals shall immediately be informed by the DBO, with the assistance of the DSO, so that precautionary measures can be instituted immediately.

3.2.5. Inspection/Audit report of the DSO issued hereunder as well as in all other cases is immediately executory and shall continue to be in full force and effect until compliance is achieved by the entity concerned, or the NDA Dairy Regulatory Committee issues an Order for the modification, recall or termination of the DSO Inspection/Audit report.

ARTICLE XI

Compliance with the Dairy Safety Regulations

SECTION 1. Food safety regulations for the dairy industry are found in this Order and supplemented by the HACCP, Good Agricultural Practices, Good Animal Husbandry Practices, and Codex Alimentarius.

SECTION 2. Dairy entities that shall fully comply with this Order shall be issued License to Operate (LTO) under the following circumstances:

2.1. If compliant after the first assessment, the LTO is valid for one (1) year. After expiration of the validity of LTO, renewal of LTO is valid for three (3) years.

2.2. If non-compliant after the first assessment, succeeding assessments will be done as soon as the dairy enterprise has notified NDA that it is ready.

2.3. Verification will be done in cases of non-conforming activities in order to assess the truthfulness of the incident and institute remedial/corrective measures.

2.4. Audit activities may be announced or unannounced and conducted as often as necessary.

2.5. For all dairy entities, a written and signed Phased Compliance Plan (PCP) to these regulations and standards may be allowed whenever duly verified facts and circumstances render difficult and onerous to complete and immediately comply with the standards herein set forth. Provided, however, that the risks identified as basic and immediate in given situations should be responded to at all times and conditions; and provided further, that in every PCP, the identified risks for each phases are addressed in a timely and effective manner as contained and seen in the PCP itself.

2.6. However, full compliance will have to be achieved within two years from the date of application for existing farms and from the date of acceptance of dairy animals for new entrants.

2.7. During the transition period, payment of LTO fees will be charged as follows:

2.7.1. LTO fees are free for those that will fully comply, within twelve (12) months from the date of effectivity of this Order for existing and from the date of acceptance of dairy animals for new entrants.

2.7.2. Full payment will be charged if full compliance is done or achieved after 12 months.

ARTICLE XII

Prohibited Acts

SECTION 1. It shall be unlawful for any person to:

1.1. Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which is not in conformity with an applicable food quality or safety standard promulgated in accordance with the Food Safety Law of 2013;

1.2. Produce, handle or manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any food or food product which has been declared as banned food product;

1.3. Refuse access to pertinent records or entry of inspection officers of the NDA;

1.4. Fail to comply with an order relating to notifications to recall unsafe products;

1.5. Adulterate, misbrand, mislabel, falsely advertise any food product which misleads the consumers and carry out any other acts contrary to good manufacturing practices;

1.6. Operate a food business without the appropriate authorization;

1.7. Connive with food business operators or food inspectors, which will result in food safety risks to the consumers; and

1.8. Violate the implementing rules and regulations of the Food Safety Act of 2013.

ARTICLE XIII

Penalties

SECTION 1. Penalties. — In accordance with the provisions of the Food Safety Act of 2013, any person who shall violate any provision of the Food Safety Act of 2013 shall suffer the penalties provided as follows:

1.1. For the first conviction, a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00) and suspension of appropriate authorization for one (1) month shall be imposed;

1.2. For the second conviction, a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Two hundred thousand pesos (P200,000.00) and suspension of appropriate authorization for three (3) months shall be imposed;

1.3. For the third conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for six (6) months shall be imposed;

1.4. For violation resulting in slight physical injury of a person, upon conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for six (6) months shall be imposed. The offender shall also pay the hospitalization and rehabilitation cost of a person;

1.5. For violation resulting in less serious or serious physical injury of a person, upon conviction, a line of not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred thousand pesos (P300,000.00) and suspension of appropriate authorization for one (1) year shall be imposed. The offender shall also pay the hospitalization and rehabilitation cost of a person;

1.6. For violation resulting in death of a person, upon conviction, the penalty of imprisonment of not less than six (6) months and one (1) day but not more than six (6) years and one (1) day and a fine of not less than Three hundred thousand pesos (P300,000.00) but not more than Five hundred thousand pesos (P500,000.00) and permanent revocation of appropriate authorization to operate a food business shall be imposed.

1.7. If the offender does not have the appropriate authorization, the imposable fines shall be doubled.

1.8. If the offender is a government personnel, in addition to the penalty prescribed herein, said personnel shall be subjected to the appropriate civil service laws.

1.9. If the offender is a naturalized citizen, in addition to the penalty prescribed herein, the naturalization certificate and the registration in the civil registry of said citizen shall be cancelled. Immediate deportation after payment of fine and service of sentence shall also be imposed.

1.10. If the offender is an alien, said alien shall be summarily deported after payment of fine and service of sentence and perpetually barred from entering the country.

1.11. Any director, officer or agent of a corporation who shall authorize, order or perform any of the acts or practices constituting in whole or in part a violation of Section 37 of R.A. 10611 hereof, and who has knowledge or notice of noncompliance received by the corporation from the concerned department, shall be subjected to the penalties under this section.

1.12. In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.

1.13. Absence of registration and LTO will not be accepted to collection centers/processing plants.

SECTION 2. Administrative Penalties (Rule 38.3 to 38.5 of the IRR). —

2.1. Administrative penalties provided under RA 10611 shall be in addition to whatever penalties are provided under other relevant laws which may penalize the same acts.

2.2. For committing prohibited acts as defined in RA 10611 and its IRR, both criminal action in court and the administrative action may be instituted separately and independent of one another.

2.3. The filing of the administrative complaint and the imposition of administrative penalties shall be lodged with the NDA.

2.4. The filing of action for the commission of prohibited acts resulting in death of a person and the imposition of the corresponding penalty of imprisonment shall be lodged with the appropriate courts.

ARTICLE XIV

Administrative Remedies and Proceedings

SECTION 1. Denial of Applications for the Issuance of LTOs. —

1.1. Insufficient requirements and non-compliance with standards provided herein are grounds for denial of the application for an LTO or for renewal of an LTO.

1.2. Denied applications can be reconsidered upon the applicant's completion and submission of all requirements and its compliance with the standards.

1.3. Clarifications and modifications can be requested from the Regional Dairy Safety Officer or the Chief Dairy Safety Officer (CDSO) of the REGCOM.

SECTION 2. Review of Inspection/Audit Reports issued by DSOs. —

2.1. DBOs aggrieved by Inspection/Audit report of the DSOs may ask, within five (5) working days from receipt thereof, for the review of the subject Report from the Office of the Chief Dairy Safety Officer (CDSO) of the NDA, by writing a letter-complaint sent to the CDSO through, and copy furnished, the Concerned Regional Department Manager/Task Force Chief, as follows:

2.2.1. Filing may be done during business hours by submitting a hard copy of the letter-complaint to the Regional Department Manager/Task Force Chief with the attached annexes, if any, or through electronic mail (email) with electronic copies of annexes, if any, attached to the email.

2.2.2. The date of the actual receipt by the Regional Department Manager/Task Force Chief of the hard copy or the date of receipt by email as indicated by the email client application/service provider (like dates specified in Yahoo! mail or Gmail for example) shall determine the timeliness of the filing of the complaint within the five (5) working day period for filing as provided above.

2.2.3. In the case of filing through a hard copy of the letter-complaint and its annexes, the Regional Department Manager/Task Force Chief shall create electronic copies of the same.

2.2.4. The letter shall contain the relevant facts and circumstances constituting the claim or complaint, signed by the DBO, and should contain a copy of the assailed Report(s) attached thereto.

2.2.5. The Regional Department Manager/Task Force Chief shall transmit the letter and its annexes or attachments to the Chief Dairy Safety Officer (CDSO) via electronic means within the day of receipt of the electronic copies of letter-complaint along with the annexes thereto, or immediately in the following next business day. The transmittal of the hard copies of the letter and its annexes to the CDSO shall follow thereafter.

2.2.6. Upon receipt electronically of the letter-complaint and annexes, the CDSO shall gather and review the facts and circumstances surrounding the issuance of the questioned report(s) from the aggrieved party. To aid in disposing the matters before it, the CDSO may, in its discretion, issue orders necessary for the just resolution of the case including requiring the DSO to give its comments on the complaint and explanations for its Report, in writing and filed electronically (email) or requiring the complaining DBO to give its comments and other documents in relation to the DSO's comments and explanations to be filed electronically as well.

2.2. Proceedings for the review of inspection/audit reports of DSOs shall, as much as possible, be free of legal technicalities.

2.3. Within seven (7) working days either from receipt of the last pleading filed in accordance with its orders, or from receipt of the letter complaint without any other pleading being ordered filed, a decision shall be issued by the CDSO in writing, with the facts and circumstances clearly enumerated and shall be furnished the requesting DBO and the concerned Regional Dairy Safety Task Force and DSO, and shall be immediately executory.

2.4. No motion for reconsideration shall be allowed.

SECTION 3. Appeal of Decisions of CDSO in its Review of the Inspection/Audit Reports Issued by the DSOs. —

3.1. Appeal of CDSO decisions rendered in its review of the Inspection/Audit Reports of the DSOs shall be made with the REGCOM via a letter-review filed within five (5) working days by a party to the CDSO proceedings.

3.2. After summary proceedings by the NDA's Dairy Regulatory Committee (REGCOM), a decision finding violations committed by the DBO shall cause the suspension of LTOs of the DBO.

a. A verified complaint along with relevant and material annexes, as well as the decision made by the CDSO, shall state clearly the facts and circumstances showing the alleged violation(s) committed by the DBO of RA 10611, its IRR, these Regulations and/or other related issuances.

b. An Answer to the complaint shall be submitted by the DBO within ten (10) days from receipt of a copy of the complaint, stating therein the facts and circumstances constituting its defense and attaching thereto the relevant and material documents.

c. The REGCOM, through the Chief Dairy Regulations Officer (CDRO), may issue such other orders which would aid it in clarifying matters and issues and in judiciously disposing of the proceedings like the submission of further pleadings and documents for instance, or authorizing the Legal Officer of the REGCOM to make the requisite investigation of the issues and matters in controversy and to make recommendations to the REGCOM.

d. When all pleadings, documents, and reports have been submitted as ordered by it, the CDRO shall issue an order submitting the case for decision.

e. Within twenty (20) days from the issuance of the order submitting the case for decision, the CDRO shall render its decision suspending or not the DBO's License to Operate.

3.3. When judgment suspending the DBO's LTO is rendered, a notice to cease and desist operations shall be issued by the CDRO along with the decision upon which the Notice was based, copy furnished the appropriate Regional Dairy Task Force and its DSO, the complainant if any, and the DBO. Such decision is immediately executory.

3.4. When remedial works that would remove the cause of the suspension and make the DBO's operations compliant again, and such correction(s) duly validated and reported to the REGCOM, by the responsible Regional Dairy Task Force, a revoking notice shall perforce be issued allowing operations by the DBO.

3.5. No motion for reconsideration shall be allowed.

SECTION 4. Suspension of LTOs. —

4.1. The REGCOM has the sole and original jurisdiction to hear proceedings for the suspension of LTOs.

4.2. Summary proceedings for the suspension of a DBO's LTO can be instituted by the NDA Chief Dairy Safety Officer (CDSO) motu proprio, or by an aggrieved person, with the filing of a complaint with the REGCOM.

4.3. After summary proceedings by the NDA's Dairy Regulatory Committee (REGCOM), a decision finding violations committed by the DBO shall cause the suspension of LTOs of the DBO.

a. A verified complaint along with relevant and material annexes, as well as the decision made by the CDSO, shall state clearly the facts and circumstances showing the alleged violation(s) committed by the DBO of RA 10611, its IRR, these Regulations and/or other related issuances.

b. An Answer to the complaint shall be submitted by the DBO within ten (10) days from receipt of a copy of the complaint, stating therein the facts and circumstances constituting its defense and attaching thereto the relevant and material documents.

c. The REGCOM, through the Chief Dairy Regulations Officer (CDRO), may issue such other orders which would aid it in clarifying matters and issues and in judiciously disposing of the proceedings like the submission of further pleadings and documents for instance, or authorizing the Legal Officer of the REGCOM to make the requisite investigation of the issues and matters in controversy and to make recommendations to the REGCOM.

d. When all pleadings, documents, and reports have been submitted as ordered by it, the CDRO shall issue an order submitting the case for decision.

e. Within twenty (20) days from the issuance of the order submitting the case for decision, the CDRO shall render its decision suspending or not the DBO's License to Operate.

4.4. When judgment suspending the DBO's LTO is rendered, a notice to cease and desist operations shall be issued by the CDRO along with the decision upon which the Notice was based, copy furnished the appropriate Regional Dairy Task Force and its DSO, the complainant if any, and the DBO. Such decision is immediately executory.

4.5. When remedial works that would remove the cause of the suspension and make the DBO's operations compliant again, and such correction(s) duly validated and reported to the REGCOM, by the responsible Regional Dairy Task Force, a revoking notice shall perforce be issued allowing operations by the DBO.

4.6. No motion for reconsideration of the judgment and decisions issued by the REGCOM shall be allowed.

SECTION 5. Docket and records keeping, sending of notices and other processes which would aid in the speedy determination and disposal of the issues and cases shall devolve upon the REGCOM and its designated Secretariat. The REGCOM, the CDSO, and other units tasked with implementing the Dairy Safety Regulations shall be free to utilize advanced information and communications technology to effect a just, speedy and efficient disposition of issues, cases and controversies involving dairy safety and matters related thereto that are pending before their respective offices.

SECTION 6. In criminal proceedings for prohibited acts defined under the Food Safety Act of 2013 (RA 10611) and its IRR, administrative proceedings can be instituted separately and independent of the criminal proceedings. The filing of the administrative complaint shall be lodged with the NDA REGCOM.

6.1. Criminal proceedings under the Food Safety Act of 2013 (RA 10611) can be instituted motu proprio by the Regional Dairy Safety Officer (RDSO) or by the Chief Dairy Safety Officer (CDSO), with the filing of the criminal complaint with the competent Prosecutor's Office, or by any person aggrieved by the DBO's violation(s) of the Food Safety Act of 2013 by the filing of a criminal complaint, on his or her own or through the endorsement of the RDSO or CDSO, with the competent Prosecutor's Office.

6.2. The Rules of Criminal Procedure of the Revised Rules of Court of the Philippines shall govern criminal actions under the Dairy Safety Regulations.

SECTION 7. In all instances, the Chief Dairy Regulatory Officer of the REGCOM retains the authority to review, revise, reverse, amend or otherwise modify all decisions of all Safety Officers/Auditors and units of the NDA Regulatory System. Hence, a final appeal to the REGCOM through its CDRO can be resorted to in decisions rendered by the said units and offices in the Dairy Safety implementation structure of NDA.

ARTICLE XV

Authorized Agencies and Persons Involved in the Enforcement of this Regulation

SECTION 1. Any particular function or activity required to be carried out in furtherance of these Dairy Safety Regulations should be done only by a duly recognized and deputized person or agency by the NDA.

SECTION 2. The compliance and performance of dairy farms, milk collection centers/milk chilling facilities, must be inspected, assessed, verified, monitored and audited only by duly recognized, deputized and/or designated Dairy Safety Officers (DSOs).

SECTION 3. No person or agency may take responsibility for, or sign a Risk Management Plan unless the person or agency is duly recognized, deputized and/or designated by the NDA.

SECTION 4. No person or agency may carry out inspection, assessment, verification, audit and other official control functions and activities from the dairy farm up to the post-harvest handling stage in the dairy production unless that person or agency is duly authorized, deputized and/or designated by NDA.

SECTION 5. Requirements may be specified in relation to the management of staff involved in the inspection, assessment, verification and audit and other control functions and activities, the management of any non-compliance or conflict of interest in relation to inspection, assessment, verification, monitoring and audit functions and activities and the reporting to the NDA of matters relating to the said activities.

SECTION 6. No person may become a Dairy Safety Officer (DSO) or recognized Dairy Safety Compliance Officer (DSCO) of a Dairy Business Operator (DBO) unless he or she has undergone and completed the appropriate dairy safety trainings spearheaded by NDA. DSOs and DSCOs must likewise attend periodic dairy safety trainings for their continued exercise of their respective offices.

ARTICLE XVI

The NDA's Implementation Structure:

SECTION 1. To ensure their complete and nationwide enforcement, a Dairy Regulatory Committee (REGCOM) is hereby created within the NDA's existing management structure, as well as other delegated competent authorities, which shall be the group primarily responsible for the efficient, effective and proper implementation of the Food Safety Act of 2013, its Implementing Rules and Regulations, the provisions of this Dairy Regulations as well as those of all the other laws, rules and regulations relative to all dairy animals like dairy cows, buffaloes and goats, and bearing upon the production and post-harvest handling, distribution and sale of safe raw milk.

SECTION 2. Composition. —

2.1. The Committee shall be chaired by the incumbent NDA Administrator as the Chief Dairy Regulatory Officer (CDRO), in addition to its function as the duly designated official representative of the NDA to the statutory Food Safety Regulations Coordinating Board (FSRCB) created by the Food Safety Act of 2013.

2.2. The Members of the REGCOM shall be the following:

2.2.1. Deputy Administrator of NDA and ex-officio Chief Dairy Safety Officer (CDSO)

2.2.2. Executive Director of the Philippine Carabao Center (PCC)

2.2.3. National Chairman of the Dairy Confederation of the Philippines (DCP)

2.2.4. Operations Department Manager of NDA

2.2.5. Corporate Planning and Management Services Department Manager of NDA

2.2.6. Finance and Administration Department Manager of NDA

2.2.7. Concerned Regional Department Manager/Task Force Chief of NDA

2.2.8. Milk Quality Assurance Division Chief of NDA

2.2.9. NDA Legal Officer of NDA

2.3. Authority to appoint, remove, transfer or otherwise effect personnel movement permanently or temporarily in the Dairy Regulation Structure of NDA shall reside with the Chief Dairy Regulatory Officer (CDRO).

SECTION 3. Functions.

3.1. To review NDA's Dairy Safety Regulations and Standards.

3.2. To supplement, amend or otherwise adjust the NDA's Dairy Safety Regulations when necessary and practicable in order to make them more effective and operational, and to promulgate thereafter the required remedial regulations, practice or procedures in accordance with the usual public consultation and publication requirements of existing laws.

3.3. To determine and provide the staffing requirements and support structures for the implementation of these Dairy Safety Regulations including budgetary support thereto including the plans, protocols, policies, organizational structures and strategies like the training, functions and responsibilities of its DSOs for their immediate and nationwide deployment and the formulation of its own internal Committee rules, plans and policies.

3.4. To issue directives, clarifications and instructions regarding the proper interpretation and/or implementation of the provisions of the Dairy Safety Regulations and the various codes and levels of standards related thereto.

3.5. To exercise oversight functions over the whole implementation structure of the Dairy Safety Regulations.

3.6. To work for the adoption of the framework and parameters for coordination and cooperation with the other agencies in the implementation of this Dairy Safety Regulation especially the dairy safety/sanitation officers of the LGUs.

3.7. To perform quasi-judicial functions in the administration and implementation of the Dairy Safety Regulations throughout the country.

3.8. To do such other legal acts which the effective, efficient and due implementation of the food safety laws and the Dairy Safety Regulations would require, or which are inherent in, incidental to or warranted by the lawful and effective performance of the functions enumerated herein such as, but not limited to, orders and other processes in support of its quasi-judicial functions as well as for its investigative/audit functions.

3.9. To provide the National Dairy Authority Board, the Food Safety Regulatory Coordinating Board (FSRCB), the Department of Agriculture (DA) and other related and interested agencies with periodic reports on the implementation and results of NDA's Dairy Safety Regulation of the dairy industry.

ARTICLE XVII

The Dairy Safety Officers (DSOs) and the NDA's Regional Dairy Safety Task Forces (Regional Task Force)

SECTION 1. The Dairy Safety Officers (DSCs). —

1.1. Official control functions shall primarily be exercised by the Dairy Safety Officers (DSOs) who shall be designated by the REGCOM from among the NDA's Food Technologists, Project Development Officers and other Technical Staff qualified within its Regional Departments as determined by the REGCOM. Their function as DSOs shall be in addition to and concurrent with their NDA Regional Department functions.

1.2. No person may perform or be appointed as a DSO unless and until he or she has undergone and completed the NDA's rigid training program for DSOs.

1.3. Other qualifications and disqualifications of a DSO shall be prescribed by the REGCOM.

1.4. DSOs shall report to and be supervised by the respective NDA Regional Safety Task Force.

1.5. Other internal functions, organizational and staffing relationships, funding requirements, and such other administrative and official rules and regulations including the security of the Regulatory Officers and the DSOs shall be prescribed by the REGCOM.

SECTION 2. The Regional Dairy Safety Task Force (Regional Task Force). —

2.1. A Regional Dairy Safety Task Force in each of the Regional Departments of the NDA is hereby established with the following as its members:

2.1.1. The Regional Department Manager as the Regional Dairy Safety Officer and Head of the Regional Task Force

2.1.2. The Assistant Department Manager

2.1.3. All the designated DSOs within the Regional Department

2.2. The Task Force shall primarily function as the overall implementing group of these Dairy Regulations. As such it shall supervise the DSOs, approve the control activities of the DSOs prior to their implementation, and concur in the findings and actions taken by the DSOs. In case of non-concurrence in the DSO's findings and actions, the same shall be raised immediately to the REGCOM for review.

2.3. In cases of conflict of interest, the Regional Task Force shall defer action and refer the matter to the REGCOM who shall resolve the matter through referral to the adjoining Regional Dairy Safety Task Force, or to other Safety Officers of the LGUs pursuant to standing agreements with them, or through such other measures or options it deems just and proper.

ARTICLE XVIII

Publication of Regulations and Standards

SECTION 1. The Good Animal Husbandry Practices for Ruminants is a published Philippine National Standard for dairy farms. They shall be applied in the absence of an applicable or equivalent standard for this Order.

SECTION 2. The Dairy Safety Regulations shall be posted at the official NDA website where it can be accessed and downloaded. Other regulations that may be promulgated by the NDA in the future and for specific conditions and situations shall be published in a newspaper of general circulation in accordance with Art. 2 of the New Civil Code (Republic Act No. 386) and shall likewise be posted at the official website.

ARTICLE XIX

Transition Period

Existing dairy farms and milk collection centers from production to post-harvest handling of milk are given a maximum of two (2) years from its effectivity date to fully comply with the Regulations contained herein, subject to the provisions of Article IV above.

ARTICLE XX

Separability Clause

If any part or provision of these DAIRY SAFETY REGULATIONS is found and declared by competent authority to be invalid or unconstitutional, the other parts or provisions unaffected thereby shall remain valid and continue to remain in full force and effect.

ARTICLE XXI

Effectivity Date

Upon approval, these DAIRY SAFETY REGULATIONS shall take effect fifteen (15) days from its publication in a newspaper of general circulation and the filing of copies thereof with the UP Law Center's Office of the National Administrative Register (ONAR) in accordance with Art. 2 of the Civil Code of the Philippines (Republic Act No. 386) and the Administrative Code of 1987 (Executive Order No. 292, s. 1987), as amended respectively.

ARTICLE XXII

Final Provision

These DAIRY SAFETY REGULATIONS, or parts and portions thereof, may be amended by the NDA Dairy Regulatory Committee, whenever the need for the same arises, and shall take effect only after public consultations were duly held and publication requirements complied with.

Signed on this __ day of ___ 2019 at Quezon City, Philippines.

RECOMMENDING APPROVAL:

(SGD.) MARILYN B. MABALEAdministrator

APPROVED:

______________________________Chairman

(SGD.) EMMANUEL F. PIÑOLSecretaryDepartment of Agriculture

ANNEX

Standard Appearances for California Mastitis Test (CMT) and Whiteside Test

California Mastitis Test (CMT)

 

Whiteside Test