Orderly Marketing of Livestock and Animal Products and New Regulations on Animal Feeds

September 30, 1972

PRESIDENTIAL DECREE NO. 7

PRESCRIBING THE ORDERLY MARKETING OF LIVESTOCK AND ANIMAL PRODUCTS AND NEW REGULATIONS ON ANIMAL FEEDS

WHEREAS, the prices of meat and other livestock products have been increasing to the detriment of our people inspite of government efforts to expand the production of livestock and animal products;

WHEREAS, the livestock and poultry industry is one of the major agricultural industries of the Philippines and its accelerated development would mean the increased production of meat and other animal products necessary to improve the health of the people and to bolster the national economy;

WHEREAS, the producers and marketers of livestock and animal products encounter numerous legal and illegal fees and charges in the production, transport, and marketing of their products;

WHEREAS, these fees and charges operate to increase livestock production and marketing costs and therefore increase meat prices;

WHEREAS, the livestock industry also largely depends upon the quality of animal feeds and therefore a stricter law to control and regulate the manufacture, importation, sale and distribution of animal feeds is imperative;

WHEREAS, there were pending before Congress prior to the promulgation of Proclamation No. 1081, dated September 21, 1972, certain priority measures vital to the livestock industry.

NOW, THEREFORE, I, FERDINAND E. MARCOS, as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1 dated September 22, 1972, as amended, in order to effect the desired reforms in the social, economic, and political structure of the country, do hereby order and decree that, with the exception of ante-mortem and post-mortem inspection fees, as well as delivery, stockyard, and slaughter or fees as may be authorized by the Secretary of Agriculture and Natural Resources the collection of all other fees and charges including reinspection fees, inventory fees, certificate of ownership fees, transfer certificate fees, Mayor's permits, City Hall fees, custom fees, shipping certificate fees, and check-point charges are hereby terminated. (See Presidential Decree No. 45 to amend this paragraph.) casia

Ante-mortem and post-mortem inspection of animals and their carcasses done by duly designed veterinarians in the employ of the national government shall be valid when the said carcasses are transported from any accredited slaughterhouse in the Philippines to any trading center in the country, provided the safeguards for the proper transport of the meat are undertaken. Any additional post-mortem inspection if deemed necessary are to be done only at the request of the buyer and only by veterinarians duly accredited by the National Meat Inspection Commission to be organized as specified hereunder. acd

The Secretary of Agriculture and Natural Resources is hereby authorized to establish a National Meat Inspection Commission which shall promulgate, with his approval, specific policies and procedures governing the flow of livestock and livestock products through the various stages of marketing and the proper preservation and inspection of such products. Such policies and procedures shall thereafter have the effect of law and shall be implemented by the Secretary of Agriculture and Natural Resources, by the National Meat Inspection Commission, by the Bureau of Animal Industry, and by all other agencies and instrumentalities of the national, provincial, city and municipal governments.

I also hereby order and decree that Senate Bill No. 627, as hereto attached and entitled "AN ACT TO AMEND THE TITLE AND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ONE THOUSAND FIVE HUNDRED FIFTY-SIX, OTHERWISE KNOWN AS THE LIVESTOCK AND POULTRY FEEDS ACT, AND TO PROVIDE FUNDS THEREFOR," shall be adopted and approved, as it is hereby adopted, approved, and made as part of the law of the land.

DONE in the City of Manila, this 30th day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Two.

ATTACHMENT

SENATE

S. No. 627

AN ACT TO AMEND THE TITLE AND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ONE THOUSAND FIVE HUNDRED FIFTY-SIX OTHERWISE KNOWN AS THE LIVESTOCK AND POULTRY FEEDS ACT, AND TO PROVIDE FUNDS THEREFOR

SEC. 1. The title of Act Numbered One thousand five hundred fifty-six is hereby amended to read as follows:

"An Act to regulate and control the manufacture, importation, labelling, advertising, DISTRIBUTION, and sale of livestock and poultry feeds, AND PROVIDING FUNDS THEREFOR."

SEC. 2. Sub-sections (d), (e), (k), (n) and (o) of Section 3 are hereby amended to read as follows:

"(d) "Feeds" or "Feeding Stuff" shall [include] EMBRACE all such articles TO BE used AS FEEDS [for the purpose of feeding] 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 GRAIN, RICE HULLS, CANE SUGAR BAGASSE, DRIED BEET PULP, OAT HULLS, BARLEY HULLS, CLIPPED OAT BY-PRODUCT, SORGHUM PLANT BY-PRODUCT AND FLAX PLANT BY-PRODUCTS, COTTON SEED HULLS, MONGO BEAN HULLS, BUCKWHEAT HULLS, COCOA SHELLS, OR OTHER MATERIALS OF A SIMILAR CHARACTER.

"(e) "Owner" is the person, firm, partnership COOPERATIVE, association or corporation applying for the [accord] REQUIRED registration under this Act OR ANY PERSON OR ESTABLISHMENT ACTUALLY ENGAGED IN THE MANUFACTURE, IMPORTATION, DISTRIBUTION AND SALE OF LIVESTOCK AND POULTRY FEED. HICSaD

"(k) "Analyst" means any official analyst appointed [under this Act] OR DESIGNATED AS SUCH BY THE DIRECTOR OF ANIMAL INDUSTRY FOR THE PURPOSE OF IMPLEMENTATION OF THIS ACT.

"(n) "Concentrates" shall apply to [no materials other than those known as concentrates.] FEEDSTUFFS LOW IN FIBER AND HIGH IN TOTAL DIGESTIBLE NUTRIENTS [and shall include linseed meals, cotton seed meals, pea meals, bean meals, peanut meals, coconut meals, gluten meals, velvet bean meals, soya bean meals, dried vinegar grains, corn germ meal, feeding molasses, gluten feeds, cotton seeds feeds, maize feeds, velvet bean feeds, peanut feeds, dried distiller's grains, dried brewer's grains, malt sprout, hominy feeds, rice meals, corn and oat chops, corn feed meal, corn bran, corn and cob meals, wheat bran, wheat middlings, wheat feed, rye feed, rye middlings, buckwheat middlings, and buckwheat feed, ground beef or fish scraps, meat meals, meat and bone meals mixed, dried blood, milk by-products, mixed feeds, compounded feeds, condimental stock and poultry feeds, proprietary or trade-marked stock and poultry feeds, and all other materials of a similar nature; but shall not include the materials defined in this article as roughages, the whole seed nor pure whole seed nor pure whole grains ground together nor the unmixed meals, made directly from the entire grains of wheat, rye, barley, oat, corn, buckwheat and boom corn nor malt sprouts, when sold as such by the maltster of retail nor ground or cracked bone not mixed with any other substance, nor shall it include poultry feeds consisting of whole or whole and cracked grains mixed together, with or without grit, oyster shells, or charcoal, when all the ingredients may be identified by the naked eye.] HEcIDa

"(o) "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 or other materials of a similar character. This shall not include [whole ground grains not mixed with any other substance] "ADULTERATED FEED" OR MIXED FEEDS, FEEDSTUFFS OR INGREDIENTS FOUND TO CONTAIN ANY MATERIAL THAT IS PROVEN INJURIOUS, DAMAGED OR OF NO FOOD VALUE OR IF ANY SUBSTANCE HAS BEEN ADDED THERETO THUS INCREASING ITS BULK OR WEIGHT OR REDUCING ITS QUALITY OR STRENGTH. FOR PURPOSES OF THIS ACT A MIXTURE OF TWO OR MORE MIXED FEEDS OF DIFFERENT FORMULAS OR BRAND WITH INTENT TO SELL IS ALSO CONSIDERED ADULTERATED FEED."

SEC. 3. Subsections (b), (c) and (g) of Section 4 of Republic Act Numbered One thousand five hundred fifty-six are hereby amended to read as follows:

"(b) Application for registration or annual renewal thereof, shall be made by the person, partnership, COOPERATIVE firm, corporation, or association marketing, manufacturing, importing, INDENTING, or DISTRIBUTING such feeds or feeding stuffs, or by his accredited agent in such form and manner as may be prescribed from time to time by regulations. EACH TYPE OR KIND OF FEEDS OR FEEDSTUFFS MANUFACTURED OR IMPORTED SHALL BE REGISTERED SEPARATELY. AND IN THE CASE OF RETAILERS EVERY STORE SHALL ALSO BE REGISTERED SEPARATELY.

"(c) An application for registration shall be accompanied by a registration fee of five pesos for EACH STORE REGISTERED BY a person, firm COOPERATIVE, partnership, corporation or association engaged in retailing [or distribution of] commercial feeds or feeding stuffs, FIFTY PESOS FOR DISTRIBUTORS, [and] one hundred pesos for [manufacturers and/or importers] LOCAL FEEDSTUFFS SUPPLIERS WITH GROSS SALES OF ONE THOUSAND PESOS OR MORE, TWO HUNDRED PESOS FOR IMPORTERS AND/OR INDENTORS AND THREE HUNDRED PESOS FOR MANUFACTURERS of commercial feeds or feeding stuffs. THE REGISTRATION FEE SHALL BE PAYABLE, AT THE OPTION OF THE PERSON, PARTNERSHIP, FIRM, COOPERATIVE, CORPORATION OR ASSOCIATION ENGAGED IN THE MANUFACTURE, IMPORTATION, SALE OR DISTRIBUTION OF FEEDS OR FEEDING STUFFS, ANNUALLY, ON OR BEFORE THE TWENTY-FIRST OF JANUARY, OR SEMI-ANNUALLY, ON OR BEFORE THE THIRTY-FIRST OF JANUARY AND JULY, WHEN A BUSINESS IS NEWLY OPENED DURING ANY YEAR THE REGISTRATION FEE SHALL BE RECKONED FROM THE COMMENCEMENT OF THE CURRENT SEMESTER; AND WHEN EITHER AT ANY TIME ABANDONED THE REGISTRATION FEE SHALL NOT BE EXACTED FOR A LONGER PERIOD THAN TO THE END OF THE SEMESTER: PROVIDED, THAT THOSE WHO ELECTED TO PAY THE REGISTRATION FEE IN FULL SHALL NOT BE ENTITLED TO A REFUND. OF THE FEE CORRESPONDING TO THE UNUSED PERIOD FOR WHICH THE FEE HAD BEEN PAID. EcSaHA

 "(g) The Director MAY [is empowered to recommend to the Secretary of Agriculture and Natural Resources the cancellation of] SUSPEND, SUBJECT TO THE RULES AND REGULATIONS PROMULGATED FOR THE IMPLEMENTATION OF THIS ACT, the registration of any feed or feeding stuff which is found after proper investigation to be not in conformity with the provisions of this Act, in registration, importation, manufacture, distribution, labelling, advertising or sale, UNLESS SUBSEQUENT PRODUCTION IS PROVEN TO BE INNOCUOUS, HARMLESS AND IN ACCORDANCE WITH THE QUALITY STANDARD FOR THE PARTICULAR PRODUCT SET FORTH IN THE REGISTRATION UNDER THIS ACT. ONCE SUSPENDED A FORMAL INVESTIGATION SHOULD BE CONDUCTED THEREON BY THE COMMITTEE CREATED FOR THIS PURPOSE PURSUANT TO SECTION 5 OF THIS ACT. BUT THE ACTION OF THE DIRECTOR OF ANIMAL INDUSTRY MAY BE APPEALED TO THE SECRETARY OF AGRICULTURE AND NATURAL RESOURCES WITHIN THIRTY DAYS FROM NOTICE OF THE ACTION: PROVIDED, THAT PENDING FINAL ACTION BY THE SECRETARY OF AGRICULTURE AND NATURAL RESOURCES ADULTERATED, DAMAGED OR INJURIOUS FEED SHALL BE IMPOUNDED AND THE SUBSEQUENT MANUFACTURE THEREOF PROHIBITED BY THE DIRECTOR OF ANIMAL INDUSTRY: PROVIDED, FURTHER, THAT WHEN THERE IS REASONABLE CAUSE TO BELIEVE THAT CERTAIN FEEDS OR FEEDSTUFFS ARE DAMAGED, ADULTERATED OR INJURIOUS SUCH FEEDS OR FEEDSTUFFS SHALL BE IMMEDIATELY IMPOUNDED AND PORTION THEREOF SOLD TO THE PUBLIC BE RETRIEVED BY AND AT THE EXPENSE OF THE MANUFACTURER, IMPORTER OR RETAILER UPON NOTICE OF THE DIRECTOR OF ANIMAL INDUSTRY."

SEC. 4. One sub-section is hereby inserted after Section 4 to be known as sub-section (h) and to read as follows:

"(H) THAT THE DIRECTOR OF ANIMAL INDUSTRY OR HIS DULY AUTHORIZED REPRESENTATIVE SHALL HAVE THE POWER TO INVESTIGATE THE SOURCES AND/OR DISTRIBUTION OR RETAILERS OF FEED INGREDIENTS SUCH AS RICE HULLS, CORN MILLS, FLOUR MILLS, CASSAVA MILLS, FISH MILLS, MEAT MILLS, IPIL-IPIL LEAF MILLS AND SUCH OTHER MILLS THAT MANUFACTURE INGREDIENTS USED IN THE COMPOUNDING OF FEED OR FEEDING STUFF AND TO REQUIRE THEM TO REGISTER UNDER THIS ACT."

SEC. 5. THE SECRETARY OF AGRICULTURE AND NATURAL RESOURCES UPON THE RECOMMENDATION OF THE DIRECTOR OF ANIMAL INDUSTRY, SHALL APPOINT A COMMITTEE TO BE KNOWN AS ANIMAL FEED CONTROL ADVISORY COMMITTEE, COMPOSED OF THE FOLLOWING:

1. CHIEF, ANIMAL FEED CONTROL DIVISION, BUREAU OF ANIMAL INDUSTRY, CHAIRMAN;

2. CHIEF, LABORATORY SERVICES DIVISION, BUREAU OF ANIMAL INDUSTRY, MEMBER;

3. ONE MEMBER FROM THE ANIMAL HUSBANDRY DEPARTMENT, U.P. COLLEGE OF AGRICULTURE; aCITEH

4. ONE MEMBER FROM THE LEGAL DIVISION, DEPARTMENT AGRICULTURE AND NATURAL RESOURCES;

5. ONE MEMBER FROM THE LEGAL UNIT, BUREAU OF ANIMAL INDUSTRY;

6. ONE MEMBER FROM THE DULY RECOGNIZED FEED MILLERS ASSOCIATION;

7. ONE MEMBER FROM THE DULY RECOGNIZED SWINE RAISERS ASSOCIATION;

8. ONE MEMBER FROM THE DULY RECOGNIZED POULTRY RAISERS ASSOCIATION; AND

9. ONE MEMBER FROM THE PHILIPPINE SOCIETY OF ANIMAL SCIENCE RECOMMENDED BY THE ANIMAL SCIENCE COUNCIL OF SAID SOCIETY.

THIS COMMITTEE SHALL UPON REQUEST, REFERRAL OR ORDER OF THE DIRECTOR OF ANIMAL INDUSTRY CONDUCT STUDIES, EVALUATION AND FORMAL INVESTIGATION AND MAKE RECOMMENDATIONS ON MATTERS ARISING FROM THE IMPLEMENTATION OF THIS ACT. FOR THIS PURPOSE THE COMMITTEE IS AUTHORIZED TO CONDUCT FIELD INVESTIGATIONS, HEARINGS, AND RECEIVE EVIDENCE ON MATTER APPERTAINING THERETO INCLUDING THE AUTHORITY TO ISSUE SUBPOENA, SUBPOENA DUCES TECUM, SUMMON WITNESSES AND SECURE OR OBTAIN THE ASSISTANCE OR FACILITIES OR PERSONNEL OF OTHER OFFICES UNDER THE DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES.

THE COMMITTEE SHALL ALSO ASSIST OR ADVISE THE DIRECTOR OR ANIMAL INDUSTRY IN THE FORMULATION OF RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THIS ACT.

SEC. 6. Sub-sections 2, 3 and 4 of Section 5 of Republic Act Numbered One thousand five hundred fifty-six are hereby deleted, one sub-section is hereby inserted after subsection 1 of Section 5 to be known as sub-section 2 and to read as follows:

"[2. Labels of imported feed ingredients intended for sale shall conspicuously and clearly:

(a) Net weight.

(b) Brand.

(c) Name of Article.

(d) Name and address of manufacturer or suppliers.

(e) Minimum crude protein (except mineral mixture).

(f) Minimum fat (except mineral mixtures).

(g) Maximum fiber (except mineral mixtures).

(h) Maximum moisture.

(i) Registration number of importer.] ISAaTH

"[3. Labels of imported feed mixtures intended for sale shall show conspicuously and clearly:

(a) Net weight.

(b) Brand.

(c) Name and address of manufacturer.

(d) Nutritive purpose.

(e) Minimum crude protein (except-mineral mixtures).

(f) Minimum fat (except mineral mixtures).

(g) Maximum fiber (except mineral mixtures).

(h) Maximum moisture.

(i) Names of all ingredients used.

(j) Registration number of importers.]

"[4. Label of feed mixtures manufactured locally shall show conspicuously and clearly:

(a) Net weight.

(b) Name and address of manufacturer.

(c) Brand

(d) Nutritive purpose.

(e) Minimum crude protein (except mineral mixtures).

(f) Maximum fiber (except mineral mixtures).

(g) Maximum fat (except mineral mixtures).

(h) Maximum moisture.

(i) Names of ingredients used in the mixtures.

(j) Registration number of manufacturer.]

"2. EVERY CONTAINER OF FEED OR FEEDING STUFFS MANUFACTURED, SOLD OR DISTRIBUTED SHALL HAVE AFFIXED THERETO A TAG OR LABEL, IN A CONSPICUOUS PLACE ON THE OUTSIDE THEREOF, CONTAINING A LEGIBLE AND PLAINLY PRINTED STATEMENT CERTIFYING:

(A) THE NET WEIGHT IN METRIC EQUIVALENT OF THE CONTENTS.

(B) THE NAME, BRAND OR TRADEMARK AND NUTRITIVE PURPOSE.

(C) THE NAME AND PRINCIPAL ADDRESS OF THE MANUFACTURER OR PERSON RESPONSIBLE FOR PLACING THE COMMODITY ON THE MARKET.

(D) THE MINIMUM PERCENT OF CRUDE PROTEIN.

(E) THE MINIMUM PERCENT OF CRUDE FAT.

(F) THE MAXIMUM PERCENT OF CRUDE FIBER.

(G) THE MAXIMUM PERCENT OF ASH.

(H) THE MAXIMUM PERCENT OF MOISTURE.

(I) THE MAXIMUM PERCENT OF MINERAL IT CONTAINS.

(J) IN THE CASE OF MIXED FEEDS CONTAINING MORE THAN 5 PERCENT OF MINERAL INGREDIENTS, THE MAXIMUM PERCENTAGE OF CALCIUM (Ca), OR PHOSPOROUS (P).

(K) IN THE CASE OF FEEDS OR FEEDING STUFFS INTENDED TO BE USED AS FEED SUPPLEMENTS OR PREMIXES FOR WHICH SPECIAL QUALITIES ARE CLAIMED, SUCH AS VITAMIN, MINERAL, ARSENICAL, SURFACTANT, UNINDENTIFIED GROWTH FACTOR, HORMONE, ANTIBIOTIC AND AMINO ACID CONTENTS, A DEFINITE GUARANTEE RELATIVE TO ITS QUALITY.

(L) THE REGISTRATION NUMBER OF THE PARTICULAR KIND OF FEEDS OR FEEDING STUFFS.

(M) THE ACCEPTED OR OFFICIAL NAME OF EACH INGREDIENT USED IN ITS MANUFACTURE.

(N) THE PERCENT OF SUCH INGREDIENTS AS CORN COBS, OAT HULLS, RICE HULLS, BARLEY HULLS, MONGGO BEAN HULLS, COCOA SHELLS, OR SIMILAR MATERIALS WHEN SUCH CONSTITUTE A PORTION OF THE FEED OR FEED STUFFS IN QUANTITIES IN EXCESS OF WHAT IS NORMALLY FOUND IN SUCH FEED STUFFS.

(O) ANY NEEDS OR FEEDING STUFF CONTAINING A SUBSTANCE WHICH IS TOXIC OR POISONOUS IF CONSUMED IN QUANTITIES GREATER THAN RECOMMENDED BY THE MANUFACTURER SHALL BE SO LABELLED THAT THE USER WILL BE WARNED OF THE TOXIC OR POISONOUS EFFECTS RESULTING FROM FEEDING SUCH EXCESS QUANTITY. DIECTc

(P) ANY FEEDS OR FEEDING STUFFS CONTAINING A NON-NUTRITIVE SUBSTANCE WHICH IS INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE OR ANY FUNCTION OF THE ANIMAL BODY, SHALL BE LABELLED TO SHOW THE AMOUNT OF SUCH SUBSTANCE PRESENT, DIRECTIONS FOR USE, AND ANY NECESSARY WARNING AGAINST MISUSE.

(Q) CONTROL NUMBER, CODE NUMBER OR BATCH NUMBER AND DATE OF MANUFACTURE."

SEC. 7. Sub-sections 5 and 6 of Section 5 of Republic Act Numbered One thousand five hundred fifty-six shall become sub-sections 3 and 4.

SEC. 8. Section 6 of Republic Act Numbered One thousand five hundred fifty-six is hereby amended to read as follows:

"SEC. 6. There should be created in the manner authorized by law [an adequate section or division composed of employees taken from the present personnel of the Bureau of Animal Industry as the Director may consider necessary for effectively carrying out the provisions of this Act] A SEPARATE DIVISION, KNOW AS ANIMAL FEED CONTROL DIVISION, IN THE BUREAU OF ANIMAL INDUSTRY, AND PROVIDING POSITIONS THEREOF, FOR THE PURPOSE OF IMPLEMENTING THIS ACT IN SO FAR AS REGISTRATION, INSPECTION, SAMPLE COLLECTION AND FIELD INVESTIGATIONS ARE CONCERNED.

"THE SUM OF FIVE HUNDRED THOUSAND PESOS IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY FUNDS IN THE NATIONAL TREASURY NOT OTHERWISE APPROPRIATED FOR THE ORGANIZATION AND OPERATION OF THE SAID DIVISION DURING ITS FIRST FISCAL YEAR SUCH SUMS AS MAY BE NECESSARY FOR ITS OPERATION AND MAINTENANCE IN SUBSEQUENT YEARS SHALL BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT," HTaSEA

SEC. 9. Section 7 of Republic Act Numbered One thousand five hundred fifty-six is hereby amended to read as follows:

"SEC. 7. THE DIRECTOR AND/OR [an] HIS inspectors shall be permitted at all reasonable times to enter AND INSPECT any premises AND/OR CONVEYANCES in which feeds OR FEED INGREDIENTS are sold, PRODUCED, PROCESSED, TRANSPORTED, or held in possession for sale or DISTRIBUTION, when he has reasonable cause to believe any feed or feeding stuff is being prepared or has been prepared for sale [and may take for analysis samples of any feed of feeding stuff there found without cost.] AND MAY OPEN ANY PACKAGE CONTAINING OR SUPPOSED TO CONTAIN ANY FEED OR FEEDING STUFF, AND TAKE THEREFROM SAMPLES FOR ANALYSIS WITHOUT COST, AND 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 THIS ACT."

SEC. 10. Section 8 of Republic Act Numbered One Thousand Five hundred fifty-six is hereby amended to read as follows:

"SEC. 8. Regulations — The Director, UPON RECOMMENDATION OF THE ADVISORY COMMITTEE CREATED UNDER SECTION 5 HEREOF AND subject to the approval of the Secretary, shall promulgate rules and regulations:

"(a) Prescribing the basis under which grains and their by-products may be classified; DHITSc

 

"(b) Providing for the prevention of false and/or misleading claims that may be made for any feeding stuff;

"(c) Prescribing the definition and uses of such terms as complete ration, concentrate supplement and/or base as used in livestock nutrition[;], DEFICIENT, DAMAGED, ADULTERATED, AND INJURIOUS FEEDS TO LIVESTOCK AND POULTRY AND SUCH OTHER TERMS AS MAY BE NECESSARY IN CLARIFYING THE INTENTION OF THIS ACT;

"(d) Prescribing PROCEDURES FOR INPOUNDING, CONDEMNATION AND disposition of DEFICIENT, damaged, ADULTERATED AND/OR INJURIOUS feed or feeding stuff: [and] PROVIDED, THAT THE DISPOSAL SHALL BE AT THE EXPENSE OF THE MANUFACTURER, IMPORTER, DISTRIBUTOR OR RETAILER CONCERNED;

"(e) Prescribing methods [of procuring] FOR COLLECTION an analysis of samples [according to accepted standard procedure, and such other rules and regulations as may be necessary to carry out the purpose of this Act];

"(f) REQUIRING THE SERVICES OF LICENSED CHEMIST AND VETERINARIAN OR ANIMAL NUTRITIONIST BY MANUFACTURERS OF MIXED FEEDS IN CONNECTION WITH THE ANALYSIS, TEST, FORMULATION, COMPOUNDING AND MIXING OF FEED AND FEEDING STUFF AND TO PRESCRIBE SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSE OF THIS ACT;

"(g) PRESCRIBING METHODS OF CHEMICAL AND BIOLOGICAL TESTS FOR DETERMINING THE PURITY AND SAFETY OF FEEDS AND FEEDING STUFFS, AND PRESCRIBING RULES AND REGULATIONS FOR THE SUPERVISION AND CONTROL OF SAID TESTING; AND

"(h) REQUIRING THE PUBLICATION OF THE RESULTS OF ANALYSIS AND TESTS OF SAMPLES OF FEEDS AND FEEDSTUFFS COLLECTED FROM FEED INGREDIENT SUPPLIERS AND FEED MANUFACTURERS; SAID PUBLICATION, AT LEAST THREE TIMES IN A CALENDAR YEAR PREFERABLY IN JANUARY, MAY, AND THREE TIMES IN A CALENDAR YEAR PREFERABLY IN JANUARY, MAY, AND SEPTEMBER, SHOULD SPECIFY BOTH WHICH ARE IN COMPLIANCE AND NOT IN COMPLIANCE WITH THE GUARANTEED ANALYSIS OR QUALITY STANDARD SET FORTH UNDER THIS ACT OR UNDER THE RULES AND REGULATIONS PROMULGATED THEREUNDER."

SEC. 11. Sub-sections (b) and (c) of Section 9 of Republic Act Numbered One Thousand Five Hundred fifty-six are hereby amended to read as follows:

"SEC. 9.

"(b) All fees, charges and other income derived from the operation of this Act, shall accrue to the Philippine Livestock Promotion Fund as provided in Commonwealth Act Numbered One hundred and eighteen, as amended, and shall be deposited with the National Treasury to the credit of the said fund: PROVIDED, HOWEVER, THAT EIGHTY, PERCENT OF SAID INCOME SHALL BE SET ASIDE AND SPENT ONLY FOR THE MAINTENANCE AND IMPROVEMENT OF SERVICES AND LABORATORY FACILITIES IN THE BUREAU OF ANIMAL INDUSTRY NEEDED IN THE IMPLEMENTATION OF THIS ACT, AND FOR TRAINING AND RESEARCH DIRECTLY RELEVANT TO THE IMPLEMENTATION OF THIS ACT. cSTCDA

"(c) ALL OTHER expenditures necessary to carry out the purposes of this Act, INCLUDING ALL EXPENDITURES FOR THE ADVISORY COMMITTEE CREATED UNDER SECTION 5 HEREOF, shall be paid from the unallotted balance of the Philippine Livestock Promotion Fund created under Commonwealth Act Numbered One hundred-and eighteen, as amended."

SEC. 12. Sub-sections (a) and (b) of Section 10 Republic Act Numbered One thousand five hundred fifty-six are hereby amended to read as follows:

"SEC. 10. Offenses and Penalties. — (a) It shall be unlawful for any person, partnership, firm, COOPERATIVE, corporation or association to engaged 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 [Provided, however,] that the provisions of this Act shall not apply to the sale or distribution of the by-products of grain, such as rice bran, rice crush, corn bran and corn crush, which are sold in their natural state as feeding stuff without having been further processed, mixed with other ingredients, or otherwise manufactured into another form].

"(b) Any [person] FIRM, partnership, COOPERATIVE, corporation or association OR ITS PRESIDENT/GENERAL MANAGER OR ANY PERSON which will 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 [an inspector] THE DIRECTOR OR HIS DULY AUTHORIZED REPRESENTATIVE in the execution of his duties under this Act; make unauthorized disposition of feeds 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 thereunder, shall be punished by a fine of not less than one thousand pesos [and not more than five thousand pesos] or by imprisonment of not more than one year and one day, or by both, in the discretion of the, court ASIDE FROM THE FINE IMPOSED BY THE COURT."

SEC. 13. SHOULD ANY PROVISION OR PROVISIONS OF THIS ACT BE DECLARED UNCONSTITUTIONAL, THE REST OF THE PROVISIONS SHALL NOT BE AFFECTED HEREBY.

SEC. 14. This Act shall take effect upon its approval.

The President of the Philippines issued Letter of Instruction No. 16, dated October 1, 1972, instructing the Secretary of Agriculture and Natural Resources, the Secretary of National Defense, the local government officials and the Price Control Council to implement strictly the provisions of this Decree on the orderly marketing o f livestock and animal feeds.