November 26, 1975

BAI ADMINISTRATIVE ORDER NO. 039-75

 

In order to promote an effective implementation of Section 5 of Presidential Decree No. 7 in relation to Section 4, Paragraphs g and h and Section 8, Paragraph d, Republic Act 1556, as amended, the following regulations are hereby promulgated.

SECTION 1. Functions of the Animal Feed Control Advisory Committee. — The Animal Feed Control Advisory Committee, hereinafter known as the Committee, shall exercise the following functions:

a. Conduct studies on any matter affecting the implementation of the Livestock and Poultry Feeds Act and recommend to the Director of Animal Industry, hereinafter called the Director, appropriate measures to improve such implementation;

b. Investigate sources of feed, feeding stuff or ingredients to determine their compliance with law;

c. Conduct formal hearings of cases involving violations of the Livestock and Poultry Feeds Act and, in connection therewith, issue subpoena or subpoena duces tecum and secure the assistance of personnel and the use of facilities of other offices under the Department of Agriculture;

d. Recommend to the Director the suspension of the registration of erring feed importers, indentors, manufacturers, dealers, distributors or retailers; TSacCH

e. Recommend to the Director the impounding and/or recall of deficient, adulterated, damaged, injurious or illegal feed or feeding stuff and the prohibition of their subsequent manufacture, importation, distribution or sales;

f. Recommend to the Director the filing of cases against violators of the Livestock and Poultry Feeds Act and assist in the prosecution thereof in Court;

g. Advise the Director on any matter pertaining to the implementation of the Livestock and Poultry Feeds Act; and

h. Perform such other functions as may be authorized by law.

SECTION 2. Administrative Proceedings. — The following procedure shall be observed in the suspension or cancellation of the registration of an erring feed importer, manufacturer, indentor, dealer, distributor or retailer and the impounding, condemnation and disposition of deficient, damaged, adulterated, injurious or illegal feed or feeding stuff:

Suspension/cancellation of registration: —

a. Upon receipt of a report from the Chief of the Animal Feed Control Division of the Bureau showing violation of the Livestock and Poultry Feeds Act or the regulations promulgated thereunder, the Director may suspend the registration of the person or entity concerned through the issuance of a warrant of suspension;

b. After issuing the warrant of suspension, the Director shall immediately refer the case to the Committee for a formal investigation and the person or entity concerned shall be given full opportunity to defend his/its rights under the law: Provided, That pending decision of the case, such person or entity shall have no right to operate his/its business unless authorized by the Secretary of Agriculture on the basis of an appeal submitted to his office, within thirty (30) days from receipt of the warrant of suspension by the person or entity and, Provided, further, That pending action by the Secretary, any deficient, adulterated, damaged, injurious or illegal feed or feeding stuff involved in the violation shall be immediately impounded and/or recalled from the public if already sold, at the expense of the person or entity concerned; TIcEDC

c. Upon the termination of the investigation, a recommendation shall be submitted by the Committee to the Director: Provided, That in no case shall such investigation be for more than ten (10) days, exclusive of Saturdays, Sundays and holidays, unless extended by the Director with the concurrence of the party or parties affected; and

d. The Director, upon recommendation of the Committee, shall have the right to lift the suspension or cancel the registration of the person or entity to take effect immediately upon receipt of notice thereof by the said person or entity: Provided, That in case the registration is cancelled, the person or entity affected shall have the right to appeal the decision of the Director to the Secretary of Agriculture within thirty (30) days from receipt of notice of the decision by the said person or entity. The decision of the Secretary shall become final and appealable to the Courts on questions of law if no motion for reconsideration is taken therefrom by the person or entity affected within thirty (30) days from receipt of notice of the Secretary's decision.

Impounding, condemnation and disposition of deficient, damaged, adulterated, injurious or illegal feed or feeding stuff: —

a. Any feed or feeding stuff found after proper investigation and analysis by the Bureau to be deficient, damaged, adulterated, injurious or in violation of the Livestock and Poultry Feeds Act or any of the provisions of the rules and regulations promulgated thereunder, shall be immediately impounded upon order of the Director and condemned and disposed of after formal hearing conducted by the Committee in accordance with Section 2 hereof;

b. The Director shall have the power to issue warrant for the detention or seizure of deficient, damaged, adulterated, injurious or illegal feeds or feeding stuff. Upon receipt of the warrant, it shall be the duty of the person or entity concerned to allow the sealing or guarding of his warehouse or premises containing such feed or feeding stuff by the duly authorized agents of the Bureau. Should the feed or feeding stuff be in transit, the same shall be immediately stopped, seized and transported by the Bureau to any place suited for the purpose of detention or impounding, at the expense of the owner, until the Committee shall have formally investigated the case and proper disposition of the feed or feeding stuff shall have been finally decided: Provided, That the disposition of the feed or feeding stuff shall be by means of sale of all or any portion of such feed or feeding stuff which may be of economic value other than as animal feed and the proceeds thereof credited to the fund established under the Livestock and Poultry Feeds Act; and, Provided, further, That such portion which may be injurious and without any economic value shall be destroyed at the expense of the owner; and ECAaTS

c. The detention, impounding, or seizure of deficient, damaged, adulterated, injurious or illegal feed or feeding stuff by administrative means as authorized in the foregoing sections shall not be a bar to subsequent prosecution in court of the person or entity concerned in accordance with law.

SECTION 3. The Chairman of the Animal Feed Control Advisory Committee is hereby empowered to create from time to time sub-committees to undertake investigations of cases referred to the Committee pursuant to Section 2 (a) hereof and such other investigations as may be necessary for the effective implementation of the provisions of the Livestock and Poultry Feeds Act.

SECTION 4. Judicial Proceedings. — In the absence of any provision of law to the contrary, all actions instituted in Court pursuant to the Livestock and Poultry Feeds Act and the rules and regulations promulgated thereunder shall be under the supervision and control of the Director.

SECTION 5. This Order shall take effect thirty (30) days after its publication in the Official Gazette or in a newspaper of general circulation.

SO ORDERED.

(SGD.) SALVADOR H. ESCUDERO IIIDirector

Recommended by:

THE ANIMAL FEED CONTROL ADVISORY COMMITTEE

By:

(SGD.) GERONIMO DELA CERNAChairman

APPROVED:

(SGD.) ARTURO R. TANCO, JR.Secretary of Agriculture