Prohibiting the "Flooding" of Food Animals in Animal Facilities and Abbattoir

October 13, 2006

DA ADMINISTRATIVE ORDER NO. 15-06

 

WHEREAS, the Department of Agriculture thru its attached livestock agencies, pursuant to DA Administrative Order No. 28 Series of 2005, particularly Section 8 a and b thereof is vested with powers to formulate, issue and implement jointly with the appropriate government units national policies, guidelines, rules and regulations and programs including but not limited to the establishment of a safety and quality standards of meat and meat products in consultation with the product standard setting agencies, and to adopt measures to ensure pure, wholesome and safe supply of mainland meat products; IcESDA

WHEREAS, Article 40 of RA 7394 (The Consumer Act of the Philippines) prohibits the adulteration or misbranding of any food; the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food that is adulterated and in fact Article 41 (A) thereof, provides the penalty of imprisonment of not less than one (1) year but not more than five (5) years, or a fine of not less than five thousand (P5,000.00) pesos but not more than ten thousand pesos (P10,000.00) or both such imprisonment and fine, in the discretion of the court. Likewise Article 39 of the said Act also provides for the administrative sanctions for any violation of the said Act.

WHEREAS, Article 23 paragraph (4) of R.A. 7394 of the said Act and Sec. 4H of R.A. 9296 (Meat Inspection Code) considers food as adulterated if any substance has been added thereto or packed therewith so as to increase its bulk or weight, reduce its quality or strength or to make it appear better or of greater value than it is;

WHEREAS, Article 6 of RA 8485 (The Animal Welfare Act of the Philippines) prohibits the torture of any animal, neglect to provide adequate care, sustenance or shelter or maltreat any animal and provides a penalty of any violation thereof, imprisonment of not less than six (6) months or not more than two (2) years or a fine of not less than one thousand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) or both at the discretion of the court.

WHEREAS, it has come to the knowledge of the Department that there is rampant and widespread practice of "flooding" or the act of forcibly introducing water or any liquid through the mouth or any substances into its body for purposes of increasing its weight or to make it appear heavier prior to sale or slaughter and/or to augment, increase or enhance its weight for any unlawful or fraudulent purposes with a view of increasing their gain or return in terms of profit or income;

WHEREAS, Administrative Order No. 06 series of 1975 provides the regulations in the proper handling of animals prior to slaughter considering that improper handling thereof prior to slaughter has adverse effect on the quality of meat;

NOW THEREFORE, I, DOMINGO F. PANGANIBAN, Secretary of Agriculture, considering the above premises, do hereby issue this Order that the practice of "flooding" or the act of forcibly introducing water or any liquid through the mouth or any other substances excessively into its body for purposes of increasing its weight or to make it appear heavier prior to sale or slaughter and for any unlawful or fraudulent purposes shall be stopped for being violative of the existing laws as mentioned above.

The National Meat Inspection Service (NMIS) and the Bureau of Animal Industry in consultation with other attached agencies concerned shall prepare implementing guidelines for information and compliance of all concerned.

This Order shall become effective upon publication in a newspaper of general publication.

Issued this ___________ of __________, 2006.

(SGD.) DOMINGO F. PANGANIBANSecretary

Recommending Approval:

(SGD.) DR. MINDA S. MANANTANOfficer-In-Charge

 

(SGD.) DAVINIO P. CATBAGANOfficer-In-Charge

Published in The Manila Times on November 13, 2006.