The **Revised Implementing Rules and Regulations** of the **Meat Inspection Code of the Philippines** (RA 9296, as amended by RA 10536) aim to enhance the meat inspection system, ensuring public health and safety through stringent regulations for meat establishments. The National Meat Inspection Service (NMIS) is designated as the sole authority for overseeing meat hygiene and inspection, enforcing compliance with standards for meat quality from production to sale. The law outlines the responsibilities of local government units in regulating meat establishments, emphasizes humane treatment of animals, and mandates proper inspection protocols to prevent the sale of adulterated or unsafe meat products. Violations of the code incur significant penalties, including fines and imprisonment, to deter malpractices within the meat industry.
December 17, 2014
DA DEPARTMENT CIRCULAR NO. 01-14
REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9296, OTHERWISE KNOWN AS "THE MEAT INSPECTION CODE OF THE PHILIPPINES", AS AMENDED BY R.A. NO. 10536
WHEREAS, Republic Act No. 9296, otherwise known as the "Meat Inspection Code of the Philippines", was enacted to strengthen the meat inspection/control system in the country;
WHEREAS, Republic Act No. 10536 amended certain provisions of R.A. 9296 and provided penalties and sanctions to persons found to be in conflict with the law;
WHEREAS, Section 59 of Republic Act 9296, as amended, directed the formulation of implementing rules and regulations in consultation with the private sectors;
WHEREAS, there is a need to revise Department of Agriculture-Administrative Order No. 28 series of 2005, the Implementing Rules and Regulations of R.A. 9296 to incorporate the amendments under R.A. 10536 and its implementing rules and regulations;
NOW THEREFORE, I, PROCESO J. ALCALA, Secretary of the Department of Agriculture, by virtue of the powers vested in me by law, do hereby issue the herein Revised Implementing Rules and Regulations of Republic Act No. 9296, otherwise known as "The Meat Inspection Code of the Philippines", as amended by Republic Act No. 10536.
SECTION 1. Short Title. — This Act shall be known as "The Meat Inspection Code of the Philippines."
RULE 1.1. These Rules shall be known and cited as the Revised Implementing Rules and Regulations (IRR) of R.A. 9296, otherwise known as "The Meat Inspection Code of the Philippines", as amended by R.A. 10536;
RULE 1.2. These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Meat Inspection Code of the Philippines to facilitate compliance and achieve the objectives thereof.
RULE 1.3. All other rules and regulations herein after issued pursuant to R.A. 9296, as amended shall be appended hereto and made an integral part of this Revised IRR.
CHAPTER I
Declaration of Policy and Definitions
SECTION 2. Declaration of Policy. — It is hereby the policy of the State:
a. to promulgate specific policies and procedures governing the flow of food animals, meat and meat products through the various stages of marketing and the proper preservation and inspection of such products;
b. to ensure food security and provide safety and quality standards for customer products related to agriculture to assure the protection of the public against unreasonable risks of injury and hazard to health;
c. to support local government units in their endeavor to be self-reliant and to continue exercising the powers and discharging the duties and functions currently vested upon them; DHcEAa
d. to strengthen and harmonize various issuances on meat establishment operations and meat inspection and at the same time create a favourable climate of investment to encourage the meat and poultry industry to put up world-class meat establishments;
e. to promote the application of risk analysis based on accepted scientific methodology on applied food safety standards so as to assure a safe and wholesome meat supply;
f. to support the development of the livestock and poultry industry and promote animal health by preventing the entry of disease-carrying animals, and surveillance of zoonotic and reportable diseases in meat establishments, and;
g. to strengthen existing rules and regulations governing meat importation to make them comprehensive, clear and transparent and ensure the safety and quality of imported meat and meat products through inspection and documentation.
SECTION 3. Principles and Objectives. — The State shall ensure the protection of human and animal health against direct and in direct hazards, and in particular the protection of:
a. Consumers against zoonotic diseases, meat-borne infection, intoxication and hazards associated with residue from treatment or exposure of the slaughter animal;
b. Meat handlers against occupational zoonoses;
c. Livestock against the spread of infections, intoxications and other diseases of socioeconomic importance as detectable at meat inspection and as consistent with the relevant animal health regulations; and
d. Consumers and the meat processing industry against economic losses from meat of inferior quality or abnormal properties.
SECTION 4. Definition of Terms. — As used in this Code, the following terms, words and phrases shall be construed to mean as follows:
1. Abattoir or slaughterhouse — premises that are approved and registered by the controlling authority in which food animals are slaughtered and dressed for human consumption.
2. Accredit — the power of the National Meat Inspection Service (NMIS) to give authority to (a) any meat establishment engaged in the slaughtering operation, preparation, processing, manufacturing, storing, or canning of meat and meat products for commerce; (b) any importer, exporter, broker, trader or meat handler; (c) any meat vehicle or conveyance; (d) any person, firm, corporation as provider of government services such as independent or third party service providers, or independent inspection or audit agencies.
3. Adulterated — carcasses, or any part thereof, whether meat or meat product under one or more of the following categories:
a. if it bears or contains any poisonous or deleterious substance which may render it injurious to health of the public; but in case the substance is not an added substance, such meat and meat product shall not be considered adulterated under this clause if the quantity of such substance does not ordinarily render it injurious to health of the public;
b. if it bears or contains any added poisonous or deleterious substance other than one which is (i) a pesticide chemical in or on a raw agricultural commodity, (ii) a food additive, (iii) a color additive, for which tolerances have been established and it conforms to such tolerances;
c. if it consists in whole or in part of a filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;
d. if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby, it may have been rendered injurious to the health of the public;
e. if it is, in whole or in part, the product of a diseased animal or of an animal which has died other than by slaughter;
f. if its container is composed, whole or in part, of any poisonous or deleterious substance which may render the contents injurious to public health;
g. if it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with an existing regulation or exemption;
h. if any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed there with so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is;
i. if it has not been prepared in accordance with current acceptable manufacturing practice as promulgated by the Secretary by way of regulations; or if it has passed its expiry date.
4. Board — the Meat Inspection Board of the NMIS as created under Section 6 hereof.
5. Canning — the preservation of meat in hermetically sealed containers.
6. Capable of Use as Human Food — shall apply to any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified as required by regulations prescribed by the Secretary to deter its use as human food, or it is naturally inedible by humans.
7. Carcass — the body of any slaughtered animal after bleeding and dressing.
8. Commerce — meat trade between a province within the Philippines and any place outside thereof.
9. Controlling authority — the official authority charged by the government with the control of meat hygiene and meat inspection.
10. Deputation — the authority of the NMIS to allow inspectors and meat control officers employed by the local government units to perform the duties of an inspector or meat control officer of the NMIS.
11. Disease or Defect — a pathological change or other abnormality.
12. Firm — any partnership, association, or other unincorporated business organization.
13. Fit for Human Consumption — meat that has passed and appropriately branded by an inspector as safe and wholesome and in which no changes due to disease, decomposition or contamination have subsequently been found.
14. Fresh Meat — meat that has not yet been treated in any way other than by modified atmosphere packaging or vacuum packaging to ensure its preservation except that if it has been subjected only to refrigeration, it continues to be considered as fresh.
15. Food Animal — all domestic animals slaughtered for human consumption such as but not limited to cattle, carabaos, buffaloes, horses, sheep, goats, hogs, deer, rabbits ostrich and poultry.
* SECTION 1 of R.A. 10536. Section 4 of Republic Act No. 9296, otherwise as n " The Meat Inspection Code of the Philippines" hereinafter referred to as the "Act", is hereby amended by inserting between subsections 15 and 16, to be designated as subsection 16, to read as follows:
* 16. Hot Meat — the carcass or parts of carcass of food animals which were slaughtered from unregistered/unaccredited meat establishments and have not undergone the required inspection. It also includes undocumented, illegally shipped and unregistered carcass, parts of carcass and meat products coming from other countries and those that are classified as hot meat by the National Meat Inspection Service (NMIS).
The succeeding subsections shall be renumbered accordingly.
17. Inspected and Passed — a condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be safe, wholesome and fit for human consumption.
18. Inspected and Condemned — a condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be unsafe, unwholesome and unfit for human consumption.
19. Inspection — an act by an official inspector to ensure compliance with rules and regulations including but not limited to humane handling of slaughter animals, ante and post mortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing program, sanitation standard operating procedures, hazard analysis critical control point program, residue control program on any meat and meat product, meat establishment facilities, transport vehicles and conveyance. ACaDTH
20. Inspector — a professionally qualified and properly trained officer, duly appointed by the NMIS or the local government unit for meat inspection and control of hygiene under the supervision of a veterinary inspector.
21. Label — a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article.
22. Meat — refers to the fresh, chilled or frozen edible carcass including offal derived from food animals.
23. Meat Broker — any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of food animals on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation .
24. Meat Establishment — premises such as slaughterhouse, poultry dressing plant, meat processing plant, cold storage, warehouse and other meat outlets that are approved and registered by the NMIS in which food animals or meat products are slaughtered, prepared, processed, handled, packed or stored.
25. Meat Inspection System — a system to ensure the safety and quality of meat and meat products for human food including but not limited to humane handling of slaughter animals, ante-mortem and post-mortem inspection, Quality Assurance Program, Hygiene and Sanitation Program, Good Manufacturing Practices, Sanitation Standard Operating Procedures, Hazard Analysis Critical Control Point Program and Residue Control Program, of a country. It covers regulatory activities such as registration, licensing, accreditation, and enforcement of regulations and supported by laboratory examination.
26. Meat Product — any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any food animals, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat industry, and which are exempted from definition as a meat product by the Secretary under such conditions as he may prescribed to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat products.
27. Misbranded — this term shall apply to any carcass, part thereof, meat or meat product where one or more of the following circumstances as defined under the Republic Act No. 7394 (Consumer Act of the Philippines) is present:
a. if its labeling is false or misleading in any particular;
b. if it is offered for sale under the name of another meat or meat product;
c. if it is an imitation of another meat or meat product, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the meat or meat product imitated;
d. if its container is so made, formed, or filled as to be misleading;
e. if in a package or other container unless it bears a label showing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this sub paragraph (e), reasonable variations may be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Secretary;
f. if any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
g. if it purports to be or is represented as a meat or meat product for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary under this title unless (1) it conforms with such definition and standard, and (2) its label bears the name of the meat or meat product specified in the definition and standard and, in so far as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such meat product;
h. if it purports to be or is represented as a meat or meat product for which a standard or standards of fill of container have been prescribed by regulations of the Secretary under this title and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;
i. if it is not subject to the provisions of subparagraph (g), unless its label bears (a) the common or usual name of the meat product, if any there be, and (b) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and coloring may, when authorized by the Secretary, be designated spices, flavorings, and colorings without naming each: Provided, That to the extent that compliance with the requirements of clause (b) of this sub paragraph (i) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary;
j. if it purports to be or is represented for special dietary use, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as determined by the Secretary, and by regulations prescribed as necessary in order to fully inform purchasers as to its value for such uses;
k. if it bears or contains any artificial flavoring, artificial coloring, * or chemical preservative, unless it bears labeling stating that fact: Provided, That to the extent that compliance with the requirements of this subparagraph (k) is impracticable, exemptions shall be established by the regulations promulgated by the Secretary; or
l. if it fails to bear, directly on its container, as the Secretary may by regulations prescribe, the inspection mark or legend and, unrestricted by any of the foregoing, such other information as the Secretary may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
28. Official Certificate — any certificate prescribed by the Secretary for issuance by an inspector or other person performing official functions under this chapter.
29. Official Device — any device prescribed by the Secretary for use in applying any official mark.
30. Port of Inspection — an establishment authorized or designated by the NMIS within a certain kilometer radius from the port of entry, wherein inspection and collection of samples are being conducted prior to its release for domestic distribution.
31. Prepared — slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.
32. Processed — includes all methods of manufacture and preservation but does not include pre-packaged fresh, chilled or frozen meat.
33. Residue — any foreign substance including metabolites, therapeutic or prophylactic agents which are objectionable or hazardous to human health remaining in the meat or meat products as a result of treatment or accidental exposure.
34. Risk Analysis — a process consisting of three (3) components that includes risk assessment, risk management and risk communication, all of which are essential to the decision making process that determines acceptable levels of risk, and the implementation of those decisions. CEASaT
35. Safe and wholesome — refers to meat and meat products that has been passed as fit for human consumption using the criteria that it a) will not cause food borne infection or intoxication when properly handled and prepared with respect to the intended use, b) does not contain residue in excess of set limits, c) is free of obvious contamination, d) is free of defects that are generally as objectionable to consumers, e) has been produced under adequate hygiene control, and f) has not been treated with illegal substances as specified in this Act and in other related national legislation.
36. Secretary — refers to the Secretary of the Department of Agriculture and Chairman of the National Meat Inspection Service.
37. Veterinary Inspector or Meat Control Officer — an inspector who is professionally qualified as a veterinarian duly appointed by the NMIS or the local government unit responsible for the supervision and control of meat hygiene including meat inspection.
RULE 4.1. Other terms used in this revised IRR are defined hereunder:
1. Approved meat establishment — means the same as Accredited or Licensed meat establishment.
2. Brand — shall mean the mark, stamped on the surface of meat and meat products or attached as leg band or label on packaging material showing distinct characteristics or information for the main purpose of identification and/or traceability.
3. Competent Authority — means the same as controlling authority charged by the government with the control of meat inspection and meat hygiene, including setting and enforcing regulatory meat hygiene requirements pursuant to Codex Alimentarius.
4. Condemnation — means the examination and judgment of meat or meat products according to approved protocols by a competent person, or otherwise determined by the controlling/competent authority, as being unsafe or unsuitable for human consumption and requiring appropriate disposal.
5. Codex Alimentarius — is a collection of international food standards adopted by the Codex Alimentarius Commission and presented in a uniform manner. It includes standards for all the principal foods, whether processed semi-processed or raw.
6. Confiscation — means the taking into custody of livestock and/or poultry carcasses, edible or inedible parts or parts from said carcasses or meat products by the controlling authority for its proper disposal for having been the subject of violation of the rules and regulations.
7. Contamination — means direct or indirect transmission of any biological or chemical agent, foreign matter or other substances not intentionally added to food that may compromise food safety or suitability.
8. Delineation — means division of functions or responsibilities among offices/units according to their respective mandates.
9. Destroyed for feed purposes — means the complete alteration of confiscated, seized and/or condemned meat and meat products making it unfit for human consumption but can be used as animal feed.
10. Direct Supervision — means the authority and responsibility for the delivery of actual meat inspection service where the supervisor is in the premises and is quickly available and includes the accountability for the issuance of relevant inspection certificates.
11. Environmental Management — means the art and science of protecting the social and biological environment from serious and irreversible damage and managing environment in a manner that resources, capabilities and services are not degraded or impaired to a level beyond the natural carrying capacity.
12. Environmental Management Plan (EMP) — means the plan to achieve the environmental objectives and targets of a facility implementing the environmental management system. It includes the designation of responsibility, means, time frame and budget by which they are to be achieved. It details the environmental management system programs of the company to prevent, mitigate, compensate, and monitor its environmental aspects and impact.
13. Expiry date — means the date stated on the label of meat and meat products after which they are not expected to retain their claimed safety, quality and wholesomeness and after which, it is no longer permissible to sell them.
14. Farm to table — includes all steps involved in the production, storage, handling, distribution and preparation of a food product.
15. Feed — means any substance whether processed, semi-processed or raw, intended for animal consumption.
16. Food — means any substance whether processed, semi-processed or raw, intended for human consumption.
17. Food chain — means the succession of activities, transformation or events from primary production to consumption of food.
18. Foreign Meat Establishment (FME) — means DA-accredited facility in a foreign country engaged in slaughtering and dressing of food animals, and processing, cutting, packing and storing of meat and meat products, and recognized by the National Veterinary Administration (NVA) of that country to export meat and meat products.
19. Good Hygienic Practices (GHP) — refers to all practices, conditions and measures implemented throughout the marketing chain from slaughtering to retail necessary to ensure the safety and wholesomeness of meat and meat products being produced and marketed. EISCaD
20. Good Manufacturing Practice (GMP) — means the conformance with codes of practice, industry standards, regulations and laws concerning production, processing, handling, labeling and sale of foods decreed by industry, local, national and international bodies with the intention of protecting the public from illness, product adulteration and fraud.
21. Imitation — means the product that is made to appear as to be mistakable for what is real or original.
22. Local Government Units (LGUs) — refer to municipalities, component cities, chartered cities and provincial governments created by law.
23. Locally Registered Meat Establishment (LRME) — refers to slaughterhouse, meat processing plant, poultry dressing plant and other meat establishments that are registered by the city/municipal government but are not accredited by NMIS.
24. Meat Control System — shall mean the same as Meat Inspection System.
25. Meat cutting plant — a meat establishment where carcasses and primal parts are cut and packed into desired specifications. It may be a separate facility or an integral part of another meat establishment such as slaughterhouse, poultry dressing plant or meat processing plant.
26. Meat hygiene — all conditions and measures necessary to ensure the safety and suitability of meat at all stages of the food chain.
27. Meat handler — shall mean person directly involved in the preparation, transport and sale of meat and meat products.
28. Meat inspection — shall mean the same as Inspection.
29. Meat inspector — shall mean the same as Inspector.
30. Meat market surveillance system — is a planned sequence of observations or measurements for the purpose of applying appropriate control measures. Such control measures are normally determined in advance by the competent authority. One of the main objectives of market surveillance is to follow-up unsatisfactory results with an investigation and possible enforcement action.
31. Meat transport vehicle — is an enclosed conveyance facility used for the transfer of meat and meat products from one place to another in a hygienic manner.
32. National Meat Inspection Service (NMIS) — the sole national controlling/competent authority attached to the Department of Agriculture charged by the government with the control of meat hygiene and meat inspection.
33. Organoleptic — means any sensory properties of a product, involving taste, color, odor and feel. Organoleptic testing involves inspection through visual, feeling and smelling of products.
34. Post abattoir control — shall mean control measures conducted on meat and meat products during transport up to the time of retail sale for the enforcement of regulations governing meat and meat product inspection.
35. Preservation — the process in which a product is prepared or stored to extend its wholesomeness and fitness for human consumption.
36. Priority reportable animal diseases — shall mean those included under OIE list A and B disease.
37. Quality Assurance (QA) system — the organizational structure, procedures, processes and resources needed to implement quality assurance.
38. Recall — means where measures are applied to return unsafe or unsuitable products that has already been supplied or made available to consumers.
39. Registered — shall mean officially listed with NMIS.
40. Rendering — means the process of converting condemned carcasses or parts of carcasses, meat or meat products into inedible by-products by heating.
41. Routine inspection — the regular inspection conducted by an inspector during the day-to-day operation of the meat establishment.
42. Shared responsibility — mutual or joint allocation of available capabilities, facilities, resources and other forms of support, formalized through a Memorandum of Agreement or Understanding between or among the concerned parties, to pursue a common goal.
43. Technical Supervision — means the authority and responsibility vested on the next higher level of government to ensure that meat inspection service is properly delivered by those tasked to perform it.
44. Traceability — the ability to track meat and meat products back to their source or to identify the source of product so as to minimize liability and prevent the occurrence of food safety problems.
45. Special inspection — an inspection conducted for a particular purpose such as but not limited to accreditation, GMP/SSOP audit, HACCP audit, waste management inspection, animal welfare audit, and any other kind of inspection as may be required by regulation.
46. Suspect — the condition wherein final judgment on the animal, meat or meat products cannot be ascertained and would therefore require further inspection and/or examination.
47. Unannounced inspection — the conduct of on-the-spot or surprise inspection/examination by the controlling authority of all meat establishments at any time day or right, whether the establishment is in operation or not.
48. Unfit for human consumption — in relation to meat and meat products, means inspected and found not meeting the criteria of safety and wholesomeness.
49. Zoonotic diseases — diseases of animals transferable to humans.
RULE 4.2. Acronyms used in these revised IRR shall refer to:
1. BAI — Bureau of Animal Industry
2. BAFS — Bureau of Agricultural Fishery Standards
3. BLGD — Bureau of Local Government Development
4. BLGF — Bureau of Local Government Finance
5. BMIS — Barangay Meat Inspection Service
6. CAC — Codex Alimentarius Commission
7. CMIS — City Meat Inspection Service
8. DA — Department of Agriculture
9. DBM — Department of Budget and Management
10. DENR — Department of Environment and Natural Resources
11. DILG — Department of Interior and Local Government
12. DOF — Department of Finance
13. DOH — Department of Health
14. FAO — Food and Agriculture Organization
15. ISO — International Organization of Standardization
16. LGU — Local Government Unit
17. MIB — Meat Inspection Board
18. MMIS — Municipal Meat Inspection Service
19. NAC — NMIS Adjudication Committee
20. NVQS — National Veterinary Quarantine Service
21. OIE — International Office of Epizootics
22. PMIS — Provincial Meat Inspection Service
23. TESDA — Technical Education and Skills Development Authority
CHAPTER II
Institution
SECTION 5. The National Meat Inspection Service (NMIS). — The National Meat Inspection Commission renamed as the National Meat Inspection Service (NMIS) shall serve as the sole national controlling authority on all matters pertaining to meat and meat product inspection and meat hygiene. It shall be a specialized regulatory service attached to the Department of Agriculture.
RULE 5.1. The National Meat Inspection Service shall be the sole national controlling/competent authority tasked to implement policies, programs, guidelines and rules and regulations pertaining to meat inspection and meat hygiene to ensure meat safety and quality from farm to table.
RULE 5.2. The NMIS shall be attached to the Department of Agriculture for the purpose of policy formulation and coordination, monitoring and evaluation of program implementation.
SECTION 6. The Meat Inspection Board. — There is hereby created a Meat Inspection Board under the NMIS who shall assist in the formulation of policies and guidelines and advise the chairperson on all matters pertaining to meat inspection and meat hygiene. The Board shall be composed of the following or their duly designated representatives:
1. The Secretary of the Department of Agriculture, as Chairperson;
2. The Executive Director of the National Meat Inspection Service;
3. The Director of the Bureau of Animal Industry;
4. The Executive Director of the Bureau of Food and Drugs;
5. The Director of the Bureau of Local Government Development;
6. Representative from a consumer organization duly recommended by the National Consumer Affairs Council; and
7. The Director of the Bureau of Agriculture and Fisheries Product Standards.
RULE 6.1. The Board shall hold regular and special meetings when necessary. The presence of at least four (4) members including the Chairperson of the Board shall constitute a quorum. In all cases, the presence of the Chairperson or his duly authorized representative shall be required. aSIDCT
RULE 6.2. Whenever the exigencies of the service demand, as determined by the Secretary, and the Board, for any valid reason, cannot be convened to a meeting, the Executive Director of the NMIS shall submit any matter for resolution for the concurrence of a majority of the Board members or duly designated representatives.
RULE 6.3. The chairperson and members of the Board shall be entitled to per diem and other allowable emoluments as may be fixed by the Board for every meeting actually attended, subject to existing laws, rules and regulations.
RULE 6.4. The Deputy Executive Director shall act as Board Secretary or his/her alternate who shall be designated by the Chairperson. The Board Secretary shall head the MIB Secretariat which shall keep all records relative to the MI meetings and shall be responsible for the administrative requirements of the Board. The Board Secretary shall be entitled to honorarium similar to that of a regular member of the MIB. All members of the Secretariat shall also receive honoraria.
RULE 6.5. The Secretary shall issue within one (1) year the prescribed regulations and procedures of the various provisions of this Act, as follows:
6.5.a. On ante-mortem inspection, post-mortem inspection, meat product inspection and post-abattoir control
6.5.a.1. Procedures on humane handling and slaughtering of food animals in consonance with RA 8485, as amended by RA 10631
6.5.a.2. Procedures on ante-mortem inspection, judgment and disposition
6.5.a.3. Procedures on post-mortem inspection, judgment and disposition
6.5.a.4. Procedures on post meat establishment inspection, judgment and enforcement, such as but not limited to surveillance, check points, search, confiscations, arrests and legal procedures, in wet markets, meat shops, groceries and supermarkets, and all other meat outlets
6.5.a.5. Use of food grade inks in marking/branding of the carcass and other parts, use of inspection tags and hygienic handling of markings and tags
6.5.a.6. Procedures on disposal/destruction of condemned carcasses and parts
6.5.a.7. Procedures on circuit inspection and re-inspection in MCPs and/or MPPs
6.5.a.8. Procedures on "unannounced" inspection of meat establishments
6.5.a.9. Procedures in the proper handling of meat and meat products during transport and distribution
6.5.a.10. Procedures on the collection transport and analysis of meat and meat products samples obtained from meat establishments, post-meat establishment inspection and import inspection.
6.5.b. On accreditation of meat establishments, meat transport vehicles and third party service providers
6.5.b.1. Procedures on evaluation, classification and accreditation/licensing of meat establishments, meat transport vehicles and third party service providers
6.5.c. On meat importation and exportation
6.5.c.1. Procedures on Importation of meat and meat products
6.5.c.2. Accreditation of foreign meat establishment and the country of origin relative to exportation of meat and meat products into the Philippines
6.5.c.3. Procedures on inspection and disposition of imported meat and meat products and issuance of Certificate of Meat Inspection (COMI) for inter provincial transport
6.5.c.4. Procedures on confiscation and disposition, seizure and modification of imported meat and meat products that do not meet prescribed import requirements
6.5.c.5. Procedures on exportation of meat and meat products, either fresh or processed from meat establishments utilizing materials domestically sourced or imported from other countries
6.5.d. On transfer of certain powers and functions of NMIS to PMIS or CMIS in Highly Urbanized City (HUC)
6.5.d.1. Registration of locally registered meat establishments and local meat inspectors
6.5.d.2. Certification of PMIS/CMIS in highly urbanized city in its compliance to national standards IHaCDE
6.5.d.3. Movement of animals, meat and meat products and other risk materials
6.5.d.4. Entitlement of local government units to twenty percent (20%) of amounts collected from administrative fines, service fees and charges
6.5.d.5. Deputation of local veterinary/meat inspectors performing actual/on-line meat inspection work
6.5.e. On humane slaughtering of food animals in compliance with the Animal Welfare Act, as amended by RA 10631
6.5.e.1. Creation of Food Animal Welfare Unit
6.5.e.2. Procedures for humane handling and slaughtering of food animals by establishment owner/operator and animal handlers (meat dealers, butchers and other workers)
6.5.f. On meat safety and quality standards and the labelling of meat and meat Products
6.5.f.1. Establishment of the Meat Safety and Quality Assurance (MSQA) system and enforcement of hygienic requirements (GMP, SSOP and HACCP) in all meat establishments
6.5.f.2. Procedures for the transport and sale of labelled or unlabelled meat and meat products
6.5.f.3. Rules for printing and use of official marks, labels or certificates
6.5.f.4. Labeling standard for meat and meat products
6.5.f.5. Procedures for the setting of standards on meat and meat products in collaboration with other standard setting agencies
6.5.f.6. Traceability procedures for meat and meat products
6.5.f.7. Recall procedures for meat and meat products
6.5.g. On Environmental management in all meat establishments
6.5.g.1. Procedures on the establishment and operationalization of Environmental Management Program in all meat establishments
6.5.h. On prohibited acts, sanction and penalty provisions under this amended Act
6.5.h.1. Procedures on investigation, summary proceedings, and adjudication for the issuance of Cease and Desist Order (CDO)
6.5.h.2. Procedures for execution of decision/order from court or quasi-judicial body, imposition and collection of fines for acts in violation of this amended Act and its rules and regulations
6.5.h.3. Creation of Inspectorate and Internal Audit System (IAS) attached to the Office of the Executive Director to assess and evaluate the NMIS and LGU meat inspection personnel in the conduct of their duties and responsibilities
6.5.i. On Meat Inspection Service Development Trust Fund (MISTDF)
6.5.i.1. Procedures on the creation, operationalization, utilization and audit on compliance with the purposes for which MISDTF was created
6.5.i.2. Upgrading of CO and RTOCs' laboratory equipment and facilities to conform with international standards of
6.5.i.2.a. Microbiological Meat Safety and Quality Control Laboratory
6.5.i.2.b. Specialized Meat Residues and Chemical and Physical Contaminants Laboratory
6.5.i.3. Establishment of training facilities
6.5.i.3.a. Establishment of NMIS Meat Inspection Training and Development Center
6.5.i.3.b. Provision of technical and/or financial assistance, when requested, to LGU slaughterhouses used as training facility in collaboration/partnership with the academe or TESDA
6.5.i.4. Capability development of technical personnel and field enforcers
6.5.i.4.a. Capability development of NMIS technical and administrative/support personnel and field enforcers
6.5.i.4.b. Development of NMIS Personnel Development Plan
6.5.i.4.c. Institutionalization of Study Now and Pay Later Program for Veterinary Medicine, graduate, post-graduate, other studies, trainings and/or seminars
6.5.i.4.d. Capability building of LGU meat inspection officers (Veterinarians/Meat Inspectors)
6.5.i.4.e. Professionalization of meat inspectors
6.5.i.5. Conduct of research and development of meat and meat products standards and regulations with professional organizations, the academe and/or other government offices
6.5.i.5.a. For internal research proposals, procedures on the selection and grant of research funding for in-house research and research to be undertaken for NMIS by other government research organization or academe
6.5.i.5.b. For external research proposals, procedures for evaluation and approval of researches to be conducted at the NMIS Central Office or regional technical operation center by private entities, students and other government agencies
6.5.i.6. Indemnification of condemned animal during ante-mortem inspection
6.5.i.6.a. Procedures on indemnification for the owner of condemned animals during ante-mortem inspection
6.5.i.7. Accreditation and food safety audits of foreign meat establishments (FMEs)
6.5.i.7.a. Procedures on the conduct of verification or surveillance audit of Foreign Meat Establishments
6.5.i.8. Conduct of enforcement, food defense program and collaborative activities with other law enforcement agencies;
6.5.i.8.a. Procedures for the establishment of legal assistance for meat inspection officers including the procedures for availment of the fund for the purpose thereof
6.5.i.8.b. Procedures for the creation and availment of motor/light vehicle loan for the mobility of meat inspection officers
6.5.i.9. Establishment of disposal facilities for seized or condemned items and programs for the prevention and control of the spread of pest and disease from the abattoir to the farm
6.5.i.9.a. Procedures for the handling, conversion or rendering of slaughterhouse wastes
6.5.i.9.b. Procedures for slaughter check, diagnosis and quarantine and feedback mechanisms to the LGU and farm origin of the identified pests and diseases SaCDTA
6.5.i.10. Provision of benefits under the Magna Carta of Public Health Workers and health insurance for the well-being of NMIS personnel
6.5.i.10.a. Procedures for the establishment of medical assistance for meat inspection officers including the procedures for availment of the fund for the purpose thereof
6.5.i.11. Provision of other forms of assistance and support to the LGUs, the livestock sector and the meat industry
6.5.i.11.a. Development and implementation of incentive schemes for outstanding NMIS accredited and locally registered meat establishments
6.5.i.11.b. Fund transfer to the LGU for the construction of an LGU owned slaughterhouse capable of slaughtering less than twenty (20) heads of hogs or five (5) heads of large cattle or one thousand (1000) birds per day
6.5.i.12. Procedures on the acceptance of grants and donations from national and foreign entities and individuals interested in the meat inspection development
* SECTION 2 of R.A. 10536. Section 7 of RA 9296 is hereby amended to read as follows:
* SECTION 7. Composition of the NMIS. — The NMIS shall be headed by an Executive Director, a Deputy Executive Director and Regional Technical Director III, all appointed by the President. The administrative, technical and support services of the NMIS shall be strengthened as may be appropriate and necessary to carry out effectively the provisions of this Act.
RULE 7.1. The NMIS shall establish the appropriate organizational structure to carry out its powers and functions as mandated in this Act. The Executive Director shall endorse to the Department of Budget and Management the proposed organizational structure of the NMIS including plantilla positions, job descriptions and salary grades in accordance with Joint Resolution No. 4 of the Congress of the Philippines Governing Principles of the Modified Compensation and Position Classification System and Base Pay Schedule of the Government or Salary Standardization Law (SSL) III and other existing civil service and other laws, rules and regulations on the matter.
RULE 7.2. The NMIS shall be headed by an Executive Director and assisted by a Deputy Executive Director who shall be both licensed veterinarians and holders of Career Service Executive Eligibility (CSEE)/Career Executive Service Eligibility (CESE). The Regional Technical Operation Centers (RTOCs) shall be headed by Regional Technical Directors (RTDs) III who shall also be licensed veterinarians and holders of third level or career executive service eligibility. All shall be appointed by the President of the Philippines. They shall manage the operations of the NMIS. They shall have recognized managerial ability and competence and must be knowledgeable on the various aspects of the livestock, poultry and meat industries as well as meat inspection and hygiene. Further, they shall not been convicted by final judgment in any criminal action by appropriate courts or held administratively liable by final judgment.
RULE 7.3. The Executive Director shall have the following functions:
7.3.1. Exercises overall supervision and control of the Central Office and Regional Technical Operation Centers (RTOCs) of the NMIS.
7.3.2. Establishes policies and standards for the operations of the agency pursuant to the plans and programs of the President and the Department of Agriculture.
7.3.3. Recommends for approval by the Secretary rules and regulations necessary to carry out the objectives, policies and functions of the NMIS.
7.3.4 Studies and recommends appropriate plans, projects, programs, policies, guidelines, procedures, rules and regulations required in organizing and implementing a comprehensive national meat inspection/control system.
7.3.5. Serves as Chairperson of the Codex Sub-Committee on Meat Hygiene (SCMH).
7.3.6. Executes, directs, and supervises the implementation of the plans, projects, programs and activities for the training, information, research, field operation and other allied activities.
7.3.7. Monitors, reviews and assesses the impact of the implementation of all the above and submits appropriate reports and recommendations to the Secretary.
7.3.8. Provides the mechanism for evaluating and classifying meat plant facilities for international, countrywide, interprovincial and city/municipal meat trade.
7.3.9. Provides the mechanism for plant and meat and meat product identification.
7.3.10. Initiates and develops procedures for reward and disciplinary action and recommends or initiates administrative and/or criminal action against concerned national or local government personnel and/or private entity or person when applicable.
7.3.11. Directs and supervises the plans, programs, projects and activities approved by the Meat Inspection Board (MIB).
7.3.12. Networks with relevant and other concerned entities including but not limited to LGUs, other government institutions, academe, private sector and non-government organization.
7.3.13. Manages public and media relations.
7.3.14. Directs and supervises the NMIS Internal Audit System (IAS).
7.3.15. Renders periodic reports and recommendations to the Secretary; submits timely annual reports, agency office performance commitment and review (OPCR) and budgetary requirements to concerned government offices, and; such other functions expressly stated, necessarily implied, incidental, appropriate or essential to a quality, timely and efficient implementation of R.A. 9296, as amended.
7.3.16. Does other assigned works by the Secretary.
RULE 7.4. The Deputy Executive Director shall have the following functions:
7.4.1. Assist in establishing and efficiently implementing a comprehensive national meat inspection/control system.
7.4.2. Directs, oversees and monitors all divisions and assists in the formulation of policies, procedures, guidelines, rules and regulations to fully implement RA 9296, as amended.
7.4.3. Assists in the monitoring and conduct of impact assessment of the implementation of polices, projects and programs.
7.4.4. Assists in the operationalization and supervision of the NMIS Internal Audit System (IAS).
7.4.5. Direct and supervises the implementation of the Strategic Performance Management System (SPMS) and acts as chairperson of the Performance Management Team (PMT), grievance and award mechanisms of the NMIS. SDTaHc
7.4.6. Coordinates with other offices (government and/or private) concerned in the formulation or implementation of meat/food safety policies, guidelines, procedures, rules and regulations.
7.4.7. Acts as head of the Secretariat of the Meat Inspection Board (MIB) and prepares and issues the notices and minutes of the meeting.
7.4.8. Acts as Chairperson of the Personnel Selection Board (PSB).
7.4.9. Sits as presiding officer of the NMIS Adjudication Committee (NAC) at the Central Office.
7.4.10. Assumes the duties and responsibilities of the Executive Director in case the latter is on official travel or on official leave of absence.
7.4.11. Does other assigned works by the Executive Director.
RULE 7.5. The Regional Technical Director III shall have the following functions within the region:
7.5.1. Responsible for the implementation of programs, policies, guidelines, procedures, agreements, laws, rules and regulations of DA, NMIS and other collaborating government agencies.
7.5.2. Provides technical assistance to LGUs with regards to the establishment of the local meat inspection/control system which includes but not limited to humane handling of slaughter animals, ante-mortem and post-mortem inspection, quality assurance, hygiene and sanitation, good manufacturing practices (GMP), sanitation standard operating procedures (SSOP), hazard analysis critical control program (HACCP), residue control, animal pest and disease control in the meat establishment and other regulatory activities.
7.5.3. Assists in the technical capability building of LGU meat inspection personnel.
7.5.4. Coordinates with stakeholders relative to livestock and meat industry issues and concerns and, when necessary, assists in resolving them.
7.5.5. Manages public and media relations in the region.
7.5.6. Shall have the command and responsibility for the overall operation of the Regional Technical Operation Center (RTOC) and the supervision and control of all personnel including outsourced.
7.5.7. Directly supervises the deputized LGU meat inspection officers (Vet/MI) and their capacity building programs.
7.5.8. Does other assigned works by the Executive Director.
The NMIS shall have the following divisions:
a) Plant Operation and Inspection — which shall be responsible for the inspection and certification of meat and meat products and technical supervision of local government units (LGUs);
RULE 7.6. The Plant Operation and Inspection Division (POID) shall be responsible for the following:
7.6.1. The POID shall be responsible for the actual enforcement of rules and regulations on meat inspection following a risk-based approach and maintenance of hygiene and sanitation in the accredited meat establishments to preserve safety and wholesomeness of meat and meat products. It shall provide direct and/or technical supervision and control over meat inspection and meat hygiene in all meat establishments engaged in domestic and international meat trade.
7.6.2. It shall implement a Meat Safety and Quality Assurance (MSQA) program consisting of Good Manufacturing Practices (GMP), Good Operating Practices (GOP), Sanitation Standard Operating Practices (SSOP), Hazard Analysis Critical Control Point Program (HACCP) and such other internationally recognized programs/standards developed by CODEX, ISO and other international bodies in all accredited meat establishments and regularly audited/evaluated by meat safety and quality auditors.
7.6.3. It shall recommend the adoption of internationally recognized programs/standards by CODEX and other recognized international bodies, when applicable, in order to improve existing programs or system of meat inspection and hygiene and certification to be issued as Department Circular by the Secretary.
7.6.4. The POID Head shall assist and recommend to the Chairperson of the CODEX Sub-Committee on Meat Hygiene (SCMH) strategies or measures to speed up the implementation of the CODEX guidelines particularly at the LGU level.
7.6.5. It shall supervise the operation and enforcement of meat inspection/control system and food animal welfare in accredited meat establishments.
7.6.6. It shall be responsible for regulatory action and investigation of the product of concerned meat establishment in case of consumer complaint.
7.6.7. It shall certify the fitness of meat and meat products for human consumption with the issuance of meat and meat product inspection certificate (MMPIC) for export and inter-provincial transport of meat.
7.6.8. It shall recommend to the Executive Director the LGU meat inspection personnel (Veterinarians/Meat Inspectors) for deputation in the enforcement of meat inspection, hygiene and animal welfare rules and regulations in the specified meat establishment to augment the NMIS workforce.
7.6.9. It shall be responsible for the technical supervision, assistance and training of deputized LGU personnel assigned in accredited meat establishments on the enforcement thereat of meat inspection, hygiene and animal welfare rules and regulations in collaboration with the concerned division. HICSaD
7.6.10. It shall be responsible for animal disease and epidemiological surveillance and control in the meat establishments in collaboration with other concerned government agencies. It shall develop procedures for slaughter check, diagnosis and quarantine, and feedback mechanisms to the LGU and farm origin of the identified pests and diseases.
7.6.11. It shall be responsible for the proper disposition, destruction and indemnification, of owner, where applicable, of condemned carcass of food animals diagnosed to be carrier of or afflicted with zoonoses or highly contagious disease, or disease of economic importance as classified by OIE.
7.6.12. The POID chief shall serve as alternate representative of the Executive Director in the Codex Sub-Committee on Meat Hygiene (SCMH).
7.6.13. Does other assigned works by the Executive Director.
b) Accreditation and Registration — which shall be responsible for the accreditation of meat establishments, rendering facilities, meat transport vehicles, meat establishment contractors, fabricators and suppliers and third party service providers and registration and certification;
RULE 7.7. The Accreditation and Registration Division (ARD) shall be responsible for the following:
7.7.1. The Accreditation and Registration Division shall evaluate and classify meat establishments in consonance with the purpose of R.A. No. 9296, as amended, such as but not limited to slaughterhouse; poultry dressing plant; meat processing plant; meat cutting plant; cold storage warehouse; meat distribution center or depot, meat shop that have distribution outside the locality or to any accredited AA or AAA meat establishment; other meat outlets; rendering facility; meat transport vehicle; meat establishment civil works contractor; equipment fabricator; meat establishment facilities supplier; and, third party service provider.
7.7.2. It shall be responsible for the evaluation, verification of technical and documentary requirements, and inspection of meat establishment applying for accreditation to ensure compliance to structural and operational requirements for accreditation.
7.7.3. It shall be responsible for the verification and registration of all imported meat products.
7.7.4. It shall manage the central database for all accredited slaughterhouses, poultry dressing plants, meat processing plants, meat cutting plants, cold storage warehouses, other meat outlets, rendering facilities, meat transport vehicles, meat establishment civil works contractors, equipment fabricators and facilities suppliers, and third party service providers, and registered/certified meat products.
7.7.5. Does other assigned works by the Executive Director.
c) Enforcement and Food Defence — which shall be responsible for the enforcement of policies against hot meat and adulterated or misbranded meat products, and the protection of meat products from hazardous contaminants;
RULE 7.8. The Enforcement and Food Defense Division (EFD) shall be responsible for the following:
7.8.1. The Enforcement and Food Defense Division shall assist in the apprehension, filing of appropriate complaints, preservation of evidence which is in their custody and prosecution, through lawful channels, the illegal slaughter of food animals for sale, processing, transport or distribution of hot meat for human consumption.
7.8.2. It shall conduct regular meat market surveillance for meat and meat products in the markets and other distribution channels to detect the presence of hot meat.
7.8.3. It shall monitor, verify and validate the places where clandestine slaughter of food animals is committed.
7.8.4. It shall create task forces, when necessary, that will be responsible for planning out and conducting strike operations and cause the confiscation and proper disposal or destruction of confiscated hot meat.
7.8.5. It shall conduct post-abattoir monitoring on compliance to the law, rules and regulations on meat inspection and hygiene and shall have oversight function on the implementation of R.A. 9296, as amended by the Local Meat Inspection Service (LMIS) to identify best practices as well as gaps/weaknesses in post-abattoir enforcement.
7.8.6. It shall monitor compliance to registration, labeling and other requirements of the Consumer Act and the amended Meat Inspection Code.
7.8.7. It shall enforce meat inspection rules and regulations to prevent adulterated or misbranded meat products from being sold to the consumers.
7.8.8. It shall serve notice of violation, show cause order or summons to concerned violators of meat inspection law, rules and regulations and assist in the conduct of the investigation.
7.8.9. In coordination with other concerned government agencies, it shall institute mandatory traceability and recall procedures and confiscation or seizure of meat and meat products which are found to be hazardous to consumers and shall render assistance or supervision in cases of voluntary recalls or withdrawals of meat or meat products from the markets.
7.8.10. It shall be responsible for seeking the assistance of any department, bureau, office, agency or instrumentality of the government or other private entities and organizations for cooperation, coordination and support in the performance/implementation of NMIS meat inspection functions, when needed.
7.8.11. It shall serve and enforce the Cease and Desist Order (CDO) issued by the Secretary in coordination with other law enforcement agencies to effectively implement the provisions of R.A. 9296, as amended.
7.8.12. It shall serve the resolution/decision on administrative cases and execution order, supervise the destruction of the confiscated/seized meat or meat products and submit the required reports.
7.8.13. It shall develop, implement and manage a food defense program to ensure that meat and meat products are protected from any intentional hazardous contaminants such as biological, physical, chemical and radiological agents that are not reasonably likely to occur naturally in the food supply.
7.8.14. Does other assigned works by the Executive Director.
d) Meat Import and Export Assistance — which shall evaluate foreign meat establishments intending to export to the Philippines, accredit meat importers and exporters, inspect imported and certify for export meat and meat products, and provide technical assistance to meat exporters and importers;
RULE 7.9. The Meat Import Export Assistance Division (MIEAD) shall be responsible for the following:
7.9.1. The MIEAD shall develop and implement plans, programs, procedures, guidelines, rules and regulations related to import and export of meat and meat products.
7.9.2. It shall be responsible for the evaluation, verification of technical and documentary requirements, and inspection of meat establishment of applicants for accreditation as importer and/or exporter of meat and meat products to ensure compliance to the regulatory requirements.
7.9.3. It shall set standards, evaluate and review foreign meat establishments (FMEs) intending to export meat and meat products to the Philippines.
7.9.4. It shall conduct food safety and quality audit of new FME applicants and of accredited FMEs every three (3) years to verify compliance of the accreditation requirements to ensure that the meat and meat products are being produced under conditions and system equivalent to the standards set by NMIS.
7.9.5. The MIEAD shall conduct inspection of imported meat and meat products at meat warehouses (cold or dry storage).
7.9.6. It shall be responsible for the collection of samples for laboratory analysis, in accordance with its mandate when necessary.
7.9.7. It shall certify the fitness of imported meat and meat products for domestic distribution and consumption.
7.9.8. It shall provide local meat exporters technical and documentary information such as foreign government regulations, SPS requirements and restrictions imposed by the government regulatory body of the importing country, and assistance in complying with the necessary government protocol to facilitate local export initiatives.
7.9.9. It shall be responsible for ensuring compliance of the accredited exporting meat establishment to the requirements of the importing country.
7.9.10. It shall be responsible for the issuance of Official Meat Inspection Certificate (OMIC) to meat and meat products for export.
7.9.11. Does other assigned works by the Executive Director.
e) Meat Science and Technology — which shall be responsible for the technical training of veterinarians and meat inspectors on meat inspection, manages data on animal slaughter, provides technical assistance to the LGUs in the development of the LGUs meat control or inspection system, and develops safety and quality standards in consultation with the product standard setting agencies; ACTaDH
RULE 7.10. The Meat Science and Technology Division (MSTD) shall be responsible for the following:
7.10.1. The MSTD shall manage the NMIS technical training and capability building programs on meat inspection/control system for national and local veterinarians and meat inspectors.
7.10.2. It shall provide technical assistance to LGU slaughterhouse and/or meat cutting plant used as training center for out-of-school youths, workers in the meat industry and other interested parties in partnership with the academe and/or TESDA in order to have a uniform appreciation and implementation nationwide of the NMIS meat safety and quality assurance program.
7.10.3. It shall provide technical assistance to the Local Government units in the establishment of the Local Meat Inspection Service (LMIS), conduct of actual meat inspection, implementation of hygiene and sanitation programs and enforcement of meat inspection law, rules and regulations in collaboration with concerned divisions.
7.10.4. It shall assist the Local Meat Inspection Services (LMIS) in the conduct of their training, seminar, workshop or orientation on meat inspection/control system.
7.10.5. In coordination with the concerned NMIS divisions and RTOC, it shall identify geographically adjoining LGUs without slaughterhouse or with sub-standard or dilapidated LRMEs and spearhead the establishment of a District Slaughterhouse in the area where applicable.
7.10.6. It shall manage the collection of data on slaughter, condemnation, and other information, maintain a central database, design statistical studies for the analysis and interpretation of data collected, and feedback the results to the origin or concerned PMIS, CMIS or MMIS for integration in their animal health program for the benefit the stakeholders of the livestock, poultry and meat industries and the meat consuming public.
7.10.7. In coordination with the concerned divisions, it shall maintain the national registry of meat inspectors and locally registered meat establishments nationwide.
7.10.8. It shall manage the NMIS strategic action plan and programs for the development of LGUs meat inspection/control system, monitor its implementation by the LGU, assist in the evaluation, audit and certification of the Local Meat Inspection Service (LMIS) that complies with the national standards.
7.10.9. It shall develop and propose conceptual framework for the development of meat and meat products safety and quality standards, both domestic and international, in consultation with other product standard setting government agencies, academe, concerned industry and other private entities.
7.10.10. Does other assigned works by the Executive Director.
f) Laboratory Services — which shall provide analytical services to detect contaminants in meat and meat products and data analysis;
RULE 7.11. The Laboratory Services Division (LSD) shall be responsible for the following:
7.11.1. The Laboratory Services Division shall be responsible for the conduct of analytical tests to verify quality, safety, and wholesomeness of meat and meat products at all stages of production, distribution and sale. It shall also be responsible for the accurate interpretation of results and analyses of data resulting from conducted analytical tests.
7.11.2. It shall be responsible for analytical examination of meat and meat products with respect to microbiological and chemical properties to determine compliance to standards.
7.11.3. It shall conduct passive and active monitoring and surveillance for pathogens, drug and other contaminants in meat and meat products, and antimicrobial resistance to support the national monitoring and surveillance program.
7.11.4. It shall be responsible for the parasitological and pathological examination of meat of slaughtered animals to detect the presence of zoonoses and parasites. When necessary, it shall coordinate with the concerned government agencies in the conduct of definitive or confirmatory diagnosis.
7.11.5. It shall conduct risk assessments in support to regulatory functions, investigations, mitigation strategies and mandatory recalls of meat and meat products.
7.11.6. It shall recognize competent reference laboratories (foreign or local) which are also recognized by other laboratories and initiate collaborative laboratory research work with other government agencies and/or academe.
7.11.7. It shall conduct a Proficiency Training (PT) Course in coordination with an accredited PT provider on Laboratory Procedures for Meat Safety and Quality Control for NMIS and LGU personnel, workers in the meat industry and other interested parties.
7.11.8. Does other assigned works by the Executive Director.
g) Consumer Information, Education and Assistance — which shall be responsible in conducting programs to inform, educate and assist consumers on meat safety and quality, and manages consumer complaints;
RULE 7.12. The Consumer Information, Education and Assistance Division (CIEAD) shall be responsible for the following:
7.12.1. The CIEAD shall undertake a continuing education, advocacy and promotional campaign to provide the consumers, homemakers and the youth, with important facts about meat safety and quality, proper handling of meat and meat products and statutes.
7.12.2. It shall advocate consumer rights and responsibilities and address consumer complaints against third parties through the use of alternative modes of dispute resolution.
7.12.3. It shall formulate and lead the adoption of NMIS communication plan, establish and maintain good relationship with media and other publicity groups for better dissemination of information to the meat consuming public and the producers.
7.12.4. It shall implement standards prescribed by the Bureau of Agricultural and Fishery Standards (BAFS) on advertising and promotion of meat and meat products.
7.12.5. Does other assigned works by the Executive Director.
h) Legal Affairs— which shall provide advice on all legal matters concerning the meat control or inspection system, provides NMIS and its personnel with legal assistance in litigation involving NMIS interest, conducts preliminary investigation on the basis of, and recommends the filing of appropriate legal and/or administrative actions on the basis of its findings;
RULE 7.13. The Legal Affairs Division (LAD) shall be responsible for the following:
7.13.1. The Legal Affairs Division shall provide legal advice/opinion to the Executive Director and interpret laws and rules affecting the operation of the agency especially on matters concerning the meat inspection/control system.
7.13.2. It shall prepare contracts and instruments to which the NMIS is a party; interpret the provisions of contracts covering work performed for the NMIS by private entities or persons, and; prepare and file criminal, civil or administrative complaints against the erring party, when necessary.
7.13.3. It shall assist in the promulgation of rules and regulations governing the activities of the NMIS and prepare comments on proposed legislation or regulations affecting the agency.
7.13.4. It shall answer legal queries from the LGUs, the public and other agencies or entities; assist the Solicitor General in suits involving the NMIS or its officers, employees and/or deputized LGU Veterinarians and Meat Inspectors; act as their principal counsel and prepare pleadings in all actions taken in their official capacity before judicial or administrative bodies.
7.13.5. It shall be responsible for providing assistance to meat inspection officers in the preparation and filing of administrative and/or criminal complaint affidavits together with the relevant pieces of evidence against suspected/alleged violators of the amended Meat Inspection Code in the proper forum such as Civil Service Commission, Office of the Ombudsman or Department of Justice. aTIEcA
7.13.6. It shall supervise the NMIS Adjudication Committees (NACs) at the Central Office and RTOCs, which shall be composed of not less than three (3) but not more than five (5) members. The Executive Director shall designate through a Special Order the composition of the NAC who must be impartial, knowledgeable of the subject matter of the case and trained on adjudication procedures. The NAC shall be responsible to hear all received complaints, whether internal or external and signed or anonymous; recommend proper courses of action and legal processes as allowed under existing procedural law; and prepare the resolution/decision of the case for approval by the Executive Director.
7.13.7. Does other assigned works by the Executive Director.
i) Planning, Monitoring and Evaluation — which shall be responsible for the research and formulation of appropriate policies and programs, development of the NMIS medium and long-term master plans and budget requirements, establishment and maintenance of NMIS data bank;
RULE 7.14. The Planning, Monitoring and Evaluation Division (PMED) shall be responsible for the following:
7.14.1. The PMED shall be responsible for the formulation of appropriate policies and programs and preparation of targets and budget of NMIS.
7.14.2. It shall be responsible for the integration, monitoring, impact assessment and evaluation of plans and programs and analysis and interpretation of data from the implementation of policies.
7.14.3. Together with the PMT, it shall conduct the national performance assessment and review of agency accomplishments.
7.14.4. It shall be the repository of data and documents related to agency policies, projects, programs and accomplishment reports (central office, divisions and RTOCs).
7.14.5. It shall organize the quarterly consultative, annual planning and performance assessment conferences. It shall serve as the secretariat of the executive committee, consultative conference and the MIB under the supervision of the Deputy Executive Director.
7.14.6. It shall develop and implement an efficient Information Technology (IT) system that will improve communication and sustain the networking activities of the agency.
7.14.7. Does other assigned works by the Executive Director.
j) Engineering and Climate Change — which shall provide technical assistance on the construction of in-house and meat establishments, assists in the development of standards for slaughtering and processing equipment, utensils and other paraphernalia used in meat inspection, and manages climate change programs;
RULE 7.15. The Engineering and Climate Change Division (ECCD) shall be responsible for the following:
7.15.1. The Engineering and Climate Change Division shall be responsible for the development and establishment of engineering standards for meat establishments in accordance with the requirements of CODEX, OIE and relevant laws.
7.15.2. It shall develop and propose conceptual framework for the development of engineering standards for meat establishments in consultation with the concerned NMIS division, other product standard setting government agencies, academe, concerned industry and other private entities.
7.15.3. It shall provide technical assistance, when requested, to local government units and private entities on site selection, construction, renovation or upgrading/improvement of the meat establishments and monitor the implementation and compliance to national standards and environmental requirements.
7.15.4. It shall evaluate and recommend for approval by the Executive Director the meat establishment engineering plan and design, program of works, bill of quantities and list of slaughterhouse equipment prepared by the proponent (government and/or private sector) which must conform to national standards, specifications and other requirements.
7.15.5. It shall evaluate and endorse for accreditation applicant contractor for civil works and fabricator and supplier of slaughterhouse equipment and facilities.
7.15.6. It shall supervise the NMIS in-house infrastructure and engineering-related programs and projects.
7.15.7. It shall coordinate with the Climate Change Office or other office, functional unit or division of the Department of Agriculture and other concerned offices (government and/or private) in the mitigation of the effects of climate change relative to meat establishments in terms of standards for buildings, location, preparedness and waste management.
7.15.8. It shall monitor environmental compliance jointly with the concerned division.
7.15.9. It shall be responsible for the conduct of impact assessment study of NMIS projects five (5) years after its initial implementation.
7.15.10. Does other assigned works by the Executive Director.
k) Administrative — which shall provide economical, efficient and effective services pertaining to human resource, records, equipment, security, logistics and related services; and
RULE 7.16. The Administrative Division (AD) shall be responsible for the following:
7.16.1. The Administrative Division shall advise the Executive Director on all matters relating to internal administration.
7.16.2. It shall be responsible for providing the NMIS with quality, efficient and timely administrative support service at the central office and at the regional technical operation centers.
7.16.3. It shall strictly enforce the Civil Service laws, rules and regulations.
7.16.4. It shall recommend to the Executive Director appropriate action relative to employees' welfare, benefits and disciplinary action.
7.16.5. It shall prepare and implement an integrated human resource program which shall include but not limited to performance assessment, merit promotion, incentives, personnel development plan, grievance and disciplinary mechanisms.
7.16.6. It shall develop, establish and maintain a cost-efficient property procurement and management system in accordance with existing COA and government procurement laws, rules and regulations.
7.16.7. It shall establish and maintain an efficient security system covering, among others personnel, physical installations/facilities, equipment, documents, materials and other NMIS properties.
7.16.8. It shall establish and maintain an efficient records system.
7.16.9. Through the assistance of a qualified third-party service provider, it shall establish and maintain the NMIS Management Quality System (ISO Certification) at the central office and regional technical operation centers.
7.16.10. Does other assigned works by the Executive Director.
l) Finance — which shall provide economical, efficient and effective finance and related services and shall administer the Meat Inspection Service Development Trust Fund (MISDTF).
RULE 7.17. The Finance Division (FD) shall be responsible for the following:
7.17.1. The Finance Division shall advise and assist the Executive Director on budgetary and financial management.
7.17.2. It shall expeditiously prepare and submit financial reports required by DA, COA, DBM and other agencies.
7.17.3. It shall be responsible for the timely processing of disbursement voucher for all claims, liquidation of cash advance; preparation of billing and collection of fees; preparation and submission of consolidated financial reports; preparation and remittances of taxes withheld to the BIR; preparation of remittances to the GSIS, PAGIBIG, etc., and; settlement of notice of suspension/disallowances by COA. cATDIH
7.17.4. It shall be responsible for the preparation of the Agency Budget Matrix (ABM) and implementation of the Management Enhancing Allotment Transfer Scheme (MEATS).
7.17.5. It shall efficiently manage the Meat Inspection Service Development Trust Fund (MISDTF) of the NMIS.
7.17.6. Does other assigned works by the Executive Director.
"Appropriate sections and units shall also be established to fully complement the organizational structure of the NMIS".
SECTION 8. Powers and Functions of NMIS. — The NMIS shall be vested with the following powers and functions:
1. Formulate and issue and implement jointly with the appropriate local government units national policies, guidelines, rules and regulations and programs including but not limited to:
a. establishing safety and quality standards for meat and meat products in consultation with the product standard setting agencies;
b. adopting measures to ensure pure, wholesome and safe supply of meat and meat products of the country;
c. accrediting establishment, facilities, conveyance and service providers for Hazard Analysis Critical Control Point Program (HACCP) audit;
d. licensing of meat inspectors and registration of meat handlers;
e. licensing, registration and certification of meat handlers and meat brokers;
f. licensing, registration and certification of meat and meat products;
g. implementing standards prescribed by the Bureau of Agriculture and Fisheries Product Standards (BAFPS) on labeling, advertising and promotion of meat and meat products.
2. Supervise and control meat inspection in all meat establishments engaged in domestic and international meat trade;
3. Evaluate, classify and accredit local and foreign meat establishments as to compliance to hygiene and sanitation standards;
4. Foster effective exchange of information and coordination of programs, projects and activities among various agencies;
5. Undertake training of all persons employed in meat inspection work;
6. Recommend measures to professionalize the meat inspection service to the Professional Regulation Commission;
7. Seek the assistance of any department, bureau, office, agency or instrumentality of the government or other private entities and organizations for cooperation in the performance of its functions.
RULE 8.1. The NMIS shall undertake functions including but not limited to policy formulation and program implementation, accreditation/licensing, supervision and control of meat inspection and meat hygiene, regulation and enforcement, information dissemination, training and capability building, provision of laboratory services, and collaboration with other agencies (government and/or private) to facilitate trade when applicable.
* SECTION 3 of R.A. 10536. Section 9 of the Act is hereby amended to read as follows:
* SECTION 9. Regional Technical Operation Centers (RTOC) — Upon the effectivity of this Act, the existing regional offices of the NMIS shall consist of the meat laboratories, technical, administrative and finance services to be manned by technical, administrative and finance personnel whose qualifications shall be determined by the Secretary of Agriculture and approved by the Civil Service Commission, to effectively carry out the provisions of this Act. Within two (2) years from the effectivity of this Act, the functions of the NMIS-RTOC in "AA" accredited meat establishments shall be transferred or devolved to the provincial government where said meat establishments are located. Provided, That the Provincial Meat Inspection Services are certified by the NMIS to be compliant with national standards. However, certification of meat and meat products from "AAA" meat establishments which are intended for international trade shall remain with the NMIS.
RULE 9.1. The existing regional offices of the NMIS shall become the Regional Technical Operation Center (RTOC) and shall be headed by the Regional Technical Director III under the supervision of the NMIS Executive Director. It shall be manned by technical counterparts of central technical divisions, meat safety auditors, administrative and finance support personnel, and veterinary/meat inspectors assigned in accredited meat establishments to effectively carry out provisions of this amended Act.
RULE 9.2. The administrative and finance support personnel required in the operation of the regional technical operation centers (RTOCs) shall be under the technical supervision of the heads of the administrative and finance divisions of the central office.
RULE 9.3. The NMIS shall be the national competent authority to certify the wholesomeness of meat and meat products from "AAA" and "AA" meat establishments which are intended for international trade and domestic trade of the same if beyond the provincial boundaries.
RULE 9.4. The local meat inspection services shall be established following the hierarchy of political units to implement the functions as called for under Sec. 489 (b) (3) (i-v) of RA 7160 pertaining to slaughter of animals for human consumption and the regulation of slaughterhouses within their territorial jurisdiction.
RULE 9.5. Meat inspection regulations shall be issued as ordinances by the province, highly urbanized, independent, and component cities, municipalities or barangay and shall conform with existing national laws, policies, rules and regulations.
RULE 9.6. The Provincial Veterinarian shall head the Provincial Meat Inspection Service (PMIS) and shall exercise technical supervision over meat inspection personnel of component cities and municipalities within the province to ensure that they act within the scope of their prescribed powers and functions. The City Veterinarian shall head the City Meat Inspection Service (CMIS) and shall exercise direct supervision over meat Inspection personnel of highly urbanized, independent and component cities.
RULE 9.7. Municipalities are encouraged to establish their Municipal Meat Inspection Service (MMIS) to be headed by a municipal veterinarian who shall exercise direct supervision over meat inspection and meat hygiene activities within their territorial jurisdiction. Barangay Meat Inspection Service (BMIS) may also be established by the cities or municipalities, when necessary, which shall be headed by the city veterinarian in the cities or the municipal veterinarian in the municipalities.
RULE 9.8. The functions of NMIS, PMIS, CMIS and MMIS as specified under E.O. 137 (pursuant to R.A. 7160) shall delineate levels of authority and responsibility between the national and local governments. Highly urbanized and independent chartered cities shall perform the same functions as the provinces.
RULE 9.9. The NMIS shall undertake regular unannounced monitoring and yearly announced audit on compliance of LGU meat inspection services to national standards.
RULE 9.10. The NMIS shall develop a system for evaluation and certification of provincial and highly urbanized city meat inspection services for compliance to national standards which shall be issued as a Department Circular by the Secretary.
RULE 9.11. The NMIS, whenever necessary or upon request, shall extend technical assistance to any LGU in the area of meat inspection and meat hygiene including construction, improvement and operation of meat establishments.
RULE 9.12. The NMIS shall undertake a capacity building program to enable compliance of LGU meat inspection services (LMIS) to national standards and facilitate the transfer of NMIS functions in "AA" meat establishments to PMIS/CMIS.
RULE 9.13. Within two (2) years from the effectivity of this revised IRR and upon certification by NMIS that the PMIS/CMIS in highly urbanized cities is compliant to national standards, the NMIS regional technical operation center shall transfer the following NMIS functions in "AA" meat establishments to PMIS/CMIS in highly urbanized cities for implementation within its territorial jurisdiction:
9.9.1. Conduct of animal welfare inspection, ante-mortem and post-mortem inspections, daily monitoring of hygiene and sanitation, pest and disease surveillance, issuance of meat and meat product inspection certificate, collection of inspection fees and charges and post-meat establishment control.
9.9.2. Ensure that the safety and quality standards of meat and meat products for domestic distribution are met.
9.9.3. License, register and certify butchers, meat handlers, meat brokers/dealers, and owners/operators of meat transport vehicle operating in the "AA" meat establishment.
9.9.4. Supervise meat inspection and hygiene in LRMEs and "A" meat establishments located within its territorial jurisdiction engaged in domestic meat trade.
CHAPTER III
Responsibilities of the Local Government Units
SECTION 10. Regulation by Local Government Units. — The local government units, pursuant to the provisions of Republic Act 7160 otherwise known as the Local Government Code and Executive Order No. 137, shall regulate the construction, management and operation of slaughterhouses, meat inspection, meat transport and post-abattoir control, monitor and evaluate and collect fees and charges in accordance with the national policies, procedures, guidelines, rules and regulations and quality and safety standards as promulgated by the Secretary. STDEcA
RULE 10.1. The responsibility for delivery of basic meat inspection service and operation of meat establishment such as but not limited to slaughterhouse and poultry dressing plant shall remain with the city or municipality as stated in Art. 25 Rule V of the IRR of RA 7160.
10.1.1. The city or municipality, in locating, establishing and/or operating meat establishments, shall ensure conformity to applicable local and national policies, standards and guidelines.
10.1.2. Adjoining municipalities without a slaughterhouse compliant with NMIS standards, or with existing sub-standard slaughterhouses, may jointly agree through a MOA/MOU to identify or establish one district slaughterhouse to provide slaughter services in their communities that is certified compliant by NMIS.
10.1.3. The city or municipality shall ensure that the national standards are met in the performance of inspection and in the operation of all meat establishments within their territorial jurisdiction.
10.1.4. The NMIS shall maintain a registry of locally registered meat establishments in the country.
10.1.5. The Local Meat Inspection Services (LMIS) consisting of the Provincial Meat Inspection Service (PMIS), City Meat Inspection Service (CMIS), and Municipal Meat Inspection Service (MMIS) shall be responsible for the training of meat establishment managers/operators, meat traders, meat butchers, meat vendors and private individuals on meat inspection/control system based on the NMIS prepared modules.
10.1.6. The city or municipality shall be responsible in ensuring that only meat that passed ante-mortem and post-mortem inspections and product evaluation shall be offered for sale within its territorial jurisdiction.
10.1.7. The PMIS/CMIS/MMIS may avail of the laboratory services of the NMIS, other government laboratories, academe or accredited laboratory service providers to determine fitness of meat and meat products for human consumption.
RULE 10.2. Pursuant to Section 489 of R.A. 7160 (Local Government Code),provinces and cities are mandated to employ veterinarians, whose one of the functions is to advise the local chief executive on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses, and pursuant to Section 7 (10) of R.A. 9482 (Anti-Rabies Act), every province, city and first class municipality are mandated to appoint a veterinarian and establish a veterinary office. Other municipalities shall, on their own, opt to share the expense of having a veterinary office.
RULE 10.3. The transport of meat and meat products shall be regulated jointly by the NMIS and PMIS.
10.3.1. Only accredited meat transport vehicles shall be allowed to transport meat and meat products.
10.3.2. The LGU Veterinarians shall accredit meat transport vehicles used to deliver meat and meat products within their territorial jurisdiction.
10.3.3. The NMIS shall accredit meat transport vehicles used in transporting meat and meat products for national or international distribution.
RULE 10.4. The conduct of post abattoir control shall be vested in the NMIS and LGU. The LGU shall regulate the flow, preparation and sale of meat and meat products for human consumption within their territorial jurisdiction in accordance with national policies, procedures, guidelines, and rules and regulations to ensure that meat and meat products have undergone meat inspection. Movement and destination of meat and meat products beyond the territorial jurisdiction of the province shall fall under the jurisdiction of NMIS and shall be regularly monitored.
RULE 10.5. The LGU meat inspection service (LMIS) shall participate in the control of movement of meat and meat products as integral part of national animal disease control and eradication programs.
RULE 10.6. The DA shall initiate the issuance of a Joint Department Circular with the DENR, DILG, DOF and DOH defining the areas of collaboration relative to their respective jurisdiction and authorities on the construction, management, and operation of meat establishments, meat inspection, meat transport and post-meat establishment control and the collection of fees and charges. This order shall provide guidance to LGUs in the implementation of the various regulations of the different national agencies.
SECTION 11. Implementation by the Local Government Units. — The local government units shall have full and complete authority over the activities mentioned in the immediately preceding section as well as the authority to evaluate and implement duly prescribed national meat standards within their respective territorial jurisdiction. STEacI
In order to improve slaughter facilities and strengthen local meat inspection services, the share of the local government units with regard to ante-and post-mortem fees collection pursuant to the provisions of the Local Government Code and Executive Order No. 137 shall be retained.
For the same purposes, an amount equivalent to twenty percent (20%) of amounts collected from fees, fines and other charges by the NMIS mentioned in Sections 46 and 56 hereof in the enforcement and implementation of national meat standards shall, except for a reasonable fee for services rendered, automatically inure to local government units which shall retain said amount at source.
RULE 11.1. The LGUs, in the regulation of the flow, preparation and sale of meat and meat products for human consumption within their territorial jurisdiction, shall collect reasonable fees and charges including but not limited to ante and post mortem inspection fees, the rates of which shall be set by an ordinance.
RULE 11.2. Ante and post-mortem inspection fees shall be shared by the national government and the LGUs as provided under Executive Order 137.
RULE 11.3. The twenty five per cent (25%) share of the national government of the meat inspection fees from meat establishments directly supervised by NMIS personnel shall be paid on a monthly basis by the operator of said facility to NMIS which shall remit the same to the national treasury.
RULE 11.4. The improvement of slaughter facilities and strengthening of the local meat inspection service shall be the priority in the utilization of the seventy five per cent (75%) share of the LGU of the meat inspection fees collected.
RULE 11.5. The DA shall initiate the issuance of a Joint Department Circular with the DILG and DOF providing for the scheme on the entitlement of local government units to twenty per cent (20%) of amounts collected from administrative fines, service fees and charges.
SECTION 12. Incentive for Local Government Units. — The local government units shall endeavor to improve existing meat facilities to comply with national standards. The national government shall allocate funds as incentive equivalent to the funds available from local government units for this purpose.
RULE 12.1. The DA shall initiate the issuance of a Joint Department Circular with the DILG and DBM creating the NMIS Meat Establishment Improvement Program (MEIP).
RULE 12.2. During the month of January of each year, any LGU may coordinate with the NMIS relative to the improvement of their own meat establishment enabling them to comply with national standards. After evaluation and appraisal, the project proposal shall be incorporated in the annual Meat Establishment Improvement Plan of NMIS for the following year's budget.
12.2.1. There shall be a Meat Establishment Standard Unit that will render technical assistance in the construction of meat establishments particularly on the selection of sites, plant design preparation, equipment design and test runs.
RULE 12.3. The NMIS shall prepare the annual Meat Establishment Improvement Plan, the objective of which is to upgrade LGU facilities to meet national standards for accreditation.
RULE 12.4. The national government, through the annual General Appropriations Act (GAA), shall allocate funds equivalent to that allocated by the LGU for the implementation of the various project proposals included in the annual Meat Establishment Improvement Plan.
CHAPTER IV
Scope of Meat Inspection
SECTION 13. Scope of Application. — This Code shall apply to all meat establishments where food animals are slaughtered, prepared, processed, handled, packed or stored or sold. All slaughterhouses and poultry dressing plants shall ensure adequate protection and welfare of food animals while awaiting slaughter in order to avoid mishandling or the infliction of unnecessary pain or distress during the slaughtering process.
RULE 13.1. This Code shall apply to all meat establishments (slaughterhouses, poultry dressing plants, meat cutting plants, meat processing plants, cold storages), meat shops, meat markets and other outlets engaged in domestic and international meat trade where food animals are slaughtered, and/or their meat are prepared, processed, handled, packed, stored or sold for human food.
RULE 13.2. The NMIS shall evaluate and classify all meat establishments following an accreditation/registration system and shall assign an accreditation and/or registration number to identify the establishment and trace the products produced thereat.
RULE 13.3. The NMIS shall require that all slaughterhouses and poultry dressing plants be provided with facilities that will ensure adequate protection and welfare of food animals awaiting slaughter before these meat establishments are accredited. CAIaHS
RULE 13.4. Inhumane treatment of food animals, such as mishandling or the infliction of unnecessary pain or distress and the like, prior to and during slaughter shall be a cause for the suspension of the operations of the meat establishments and shall be a ground for the revocation of accreditation when no corrective actions are instituted by the management of these establishments within a specified period of time.
RULE 13.5. All slaughterhouse and poultry dressing plant operators shall comply with the provision of all relevant implementing rules and regulations issued pursuant to R.A. 8485, as amended, to ensure the adequate protection and welfare of food animals awaiting slaughter.
SECTION 14. Authorized Officers to Conduct Meat Inspection. — Only meat control officers, deputized meat control officers, meat inspectors and deputized meat inspectors duly appointed and designated by the NMIS or local government units are authorized to conduct meat inspection work. All persons employed in meat inspection work shall undergo training conducted by the NMIS.
RULE 14.1. All meat control officers (veterinarians) and meat inspectors who are actually performing meat inspection and hygiene work, shall be recognized as public health workers for they are responsible for the promotion and protection of public health through the implementation of an efficient and real time meat inspection service and shall be entitled to all benefits and emoluments under the Magna Carta for Public Health Workers and other applicable laws.
RULE 14.2. All meat control officers and meat inspectors duly appointed or designated by the NMIS or LGUs shall be authorized to perform meat inspection work and shall perform all the duties and responsibilities to safeguard public, as well as, animal health. They shall first undergo and complete the basic meat inspection training course conducted by NMIS prior to their deployment in the meat establishment or field operations.
RULE 14.3. The NMIS shall have the authority to deputize qualified meat control officers and meat inspectors under the employ of the LGU to perform meat inspection and assist the NMIS in the implementation of the provisions of this amended Act.
RULE 14.4. The meat control officers and meat inspectors who are duly appointed or designated and deputized by NMIS to perform meat inspection work must have qualified and complied with the requirements for deputation.
RULE 14.5. All meat inspection officers shall also undergo advance and specialized inspection trainings such as GHSP, GHP, GMP, GOP, SSOP, HACCP and meat safety auditing/conformance assessment, when necessary, to enhance their capabilities and confidence in implementing the meat inspection/control system.
RULE 14.6. The NMIS shall maintain a registry of meat control officers (veterinarians)/meat inspectors who have satisfied the training requirements as mandated by this amended Act.
SECTION 15. Power to Enforce Hygienic Requirements. — The NMIS shall have the responsibility to ensure, and to enforce, that meat establishments are operated in accordance with hygienic requirements.
RULE 15.1. The NMIS shall have the responsibility and the legal power to enforce hygienic requirements necessary to produce meat that is safe and wholesome in all meat establishments.
RULE 15.2. The meat establishment operator shall have the responsibility to maintain the meat establishment in good operating condition at all times, and to comply with meat hygiene and inspection regulations set by the controlling/competent authority.
RULE 15.3. All guidelines recommended by the Codex Alimentarius Commission (CAC), such as but not limited to The Code of Hygienic Practice for Meat, GMP and HACCP, shall be adopted in all meat establishments to prevent meat from substantial contamination or risks from physical, chemical and biological hazards during slaughtering, dressing, fabrication, processing and distribution.
SECTION 16. Humane Slaughter, Hygienic and Inspection Requirements. — The management or operator of the meat establishments shall follow the instructions of the NMIS as related to humane slaughter of animals, hygienic and inspection requirements, and shall provide such information and assistance, as may be reasonably requested by the NMIS or the local government unit.
RULE 16.1. The Department of Agriculture shall set the guidelines on humane slaughter of food animals in consonance with the provisions of the Animal Welfare Act, as amended, and OIE standards, to be implemented and followed by the meat establishment operator to ensure adequate protection and welfare of animals before and during slaughter.
RULE 16.2. The meat establishment operator shall implement a quality and safety assurance (MSQA) system as required by NMIS to ensure the production of safe and wholesome meat.
RULE 16.3. The meat establishment operator shall keep and maintain records, reports and information and shall fully and correctly disclose all transactions in the operation of the establishment relative to meat safety and quality. Such records, reports and information shall be made available upon the request of the controlling/competent authority for monitoring, validation and verification purposes. cDTCIA
RULE 16.4. All food animals slaughtered for human consumption shall undergo and comply with humane, hygienic and sanitary slaughtering and ante-mortem and post-mortem inspections in LGU registered or NMIS accredited meat establishments.
CHAPTER V
A. Ante-Mortem Inspection
SECTION 17. Requirements of an Ante-Mortem Inspection. — An ante-mortem inspection shall be made of food animals by authorized inspectors before it shall be allowed for slaughter in any city, municipal or licensed private abattoirs in which the meat or meat products thereof are to be sold.
RULE 17.1. Only food animals, as defined under the amended Republic Act Nos. 9296 and 8485, shall be received, unloaded, inspected and allowed for slaughter in LGU registered or NMIS accredited meat establishments.
RULE 17.2. Ante-mortem inspection shall be carried out in a systematic manner in accordance with routine inspection procedures prescribed by NMIS and shall ensure that animals found to be affected by a disease or defect that would render their meat unfit for human consumption are so identified and removed from the food chain.
RULE 17.3. Ante-mortem inspection shall ensure that animals whose meat may be fit for human consumption but that require special handling during slaughter and dressing, and animals that will require special attention during post-mortem inspection, are segregated in an isolation pen, subjected to thorough inspection and shall be the last animal to be slaughtered.
RULE 17.4. Ante-mortem examination shall be made in holding pens in the premises of the establishment at the time of slaughter and the food animals shall be inspected by an inspector on arrival as soon as practicable after delivery to the establishment. Such examination shall be carried out with a full knowledge of all relevant information gained on the animals prior to their arrival. Where there are stockyards, ante-mortem inspection shall be done twice, that is right after arrival of the animals in the meat establishment and then repeated just before slaughter if the animals remained in the holding pen for more than 24 hours after their arrival.
RULE 17.5. No animals shall proceed for slaughter until an inspector has carried out ante-mortem inspection and has passed it as suitable for slaughter. Exceptions may be under emergency slaughter procedures where a delay in carrying out ante-mortem inspection would result in undue suffering of the animal.
RULE 17.6. Food animals shall be inspected in a way that allows the inspector to detect deviations from normality, whether of demeanor, behavior, appearance or other clinical signs that might indicate a disease or defect requiring special handling or closer examination. The temperature of food animals suspected with disease condition shall be taken as an added gauge.
RULE 17.7. An animal shall be released for slaughter without any restriction when an ante-mortem inspection has revealed that it is adequately rested, that there are no diseases or defects that will render it unfit for slaughter for human consumption or require special attention during dressing or post-mortem inspection.
RULE 17.8. In case of game and exotic animals which are intended for human consumption and commerce, a separate guideline on slaughtering and inspection procedures shall be issued by the Secretary.
SECTION 18. Outright Condemnation. — Any animal manifesting during ante-mortem inspection any disease or condition that shall warrant outright condemnation shall be marked "CONDEMNED", isolated immediately and disposed of under the supervision of an inspector.
RULE 18.1. When the ante-mortem inspection of food animal reveals signs of disease indicative of a systemic involvement, communicability to humans or toxicity from chemical or biological agents that render or may render the meat unsound, the animal so affected shall be condemned out rightly as unfit for human consumption or where appropriate, set aside and remain under the control of the inspector until a further decision regarding disposition is taken.
RULE 18.2. Food animals exhibiting normal behavior but known to be carrying residues shall either be condemned or withheld from slaughter until residues are excreted or metabolized to levels such that they do not exceed established safety levels.
RULE 18.3. Food animals admitted to the meat establishment shall be condemned if at ante-mortem inspection, a disease or condition is diagnosed, which at final judgment would give reason for total condemnation, which represents an acceptable health hazards for meat handlers, or which involves an unacceptable risk of contaminating the slaughterhouse premises and other carcasses.
RULE 18.4. Food animals found dead or in dying condition shall likewise be condemned on ante-mortem inspection. The remains of animals that have died and those that have been condemned at ante-mortem inspection and killed shall be removed immediately to the rendering station or other place of destruction, and there shall be adequate precautions to prevent misuse and to avoid danger to public health and animal health. ADCTac
RULE 18.5. A Department Circular to be jointly recommended by NMIS and BAI shall be issued by the Secretary prescribing the procedures on the indemnification of owner of food animal/s condemned during ante-mortem inspection due to zoonotic disease.
SECTION 19. Humane Handling and Slaughtering. — For the purpose of preventing the inhumane slaughtering of food animals under Republic Act No. 8485, otherwise known as the Animal Welfare Act, inspectors shall conduct an examination and inspection of the method by which food animals are slaughtered and handled in meat establishments inspected under this Act.
RULE 19.1. The establishment operator of the slaughtering facility shall take full responsibility for the humane slaughter of food animals while inspectors shall continue to make such inspection as would be necessary to prevent the inhumane slaughtering of food animals.
RULE 19.2. The handling of food animals shall be done as expeditiously and carefully as possible in a manner that does not cause trauma, overheating, behavioral stress, physical harm or unnecessary discomfort. The food animals shall be adequately rested and not overcrowded and protected from exposure to the elements and adverse climatic conditions.
RULE 19.3. The food animals presented for slaughter, except those animals slaughtered following rituals and religious practices, shall be effectively stunned following approved stunning method prior to sticking or bleeding to ensure that the animals are rendered unconscious with a minimal of excitement or disturbance and without suffering.
RULE 19.4. There shall be created a Food Animal Welfare Unit under the Plant Operation and Inspection Division which shall oversee and monitor the implementation of the Animal Welfare Act as it pertains to slaughtering of food animals.
SECTION 20. Refusal to Allow Inspection. — The Secretary may refuse to allow inspection to a new slaughtering meat establishment or may cause inspection to be temporarily suspended in any establishment if the Secretary finds that food animals have been slaughtered or handled by any method not considered humane under the Animal Welfare Act, until the establishment furnishes satisfactory assurance that all slaughtering and handling shall be in accordance with such a method.
RULE 20.1. A Cease and Desist Order (CDO) shall be issued after proper notice to the owner/operator and summary hearing. The issuance of CDO is without prejudice to the filing of criminal, administrative and/or civil complaint for violation of the Animal Welfare Act, as amended.
RULE 20.2. The CDO shall be lifted only after corrective measures have been instituted as audited/verified and approved by the NMIS Plant Operation and Inspection Division (POID).
SECTION 21. Post-Mortem Examination. — The inspectors shall conduct a post-mortem examination and inspection of the carcasses and parts thereof of all food animals prepared at any establishment as articles of commerce which are capable of use as human food.
RULE 21.1. Post-mortem inspection of the carcasses and parts thereof shall be carried out in a systematic manner in accordance with the routine procedures prescribed by the NMIS which are based on CODEX Alimentarius thus ensuring that meat passed for human consumption is safe and wholesome.
RULE 21.2. The carcasses and parts thereof of food animals shall be passed for human consumption without any restriction when the post-mortem examinations have revealed no evidence of any significant abnormal condition or disease and if the slaughter operation has been implemented in accordance with hygienic requirements.
RULE 21.3. The carcasses and parts thereof of food animals shall be condemned for human consumption when the post-mortem examinations have revealed that they are hazardous to meat handlers, consumers and other animals; when there are severe organoleptic deviations from normal meat; when laboratory tests indicate that they contain contaminants or residues which exceed the established limits, and when the meat has been conditionally approved for human consumption but the meat has not been treated as stipulated within the indicated period of time.
RULE 21.4. The condemned meat shall remain under the custody of the inspector until the required treatment or method of disposal has been applied in a safe and secure manner. Decisions concerning the disposal and utilization of meat judged as unfit for human consumption shall reliably prevent condemned meat from polluting the environment, endangering human and animal health or illegally re-entering the food chain.
RULE 21.5. The disposal of condemned carcasses and parts thereof shall conform with all the pollution control and environmental laws and regulations. The NMIS shall create an Environmental Management Unit under the Accreditation, Registration and Enforcement Division that shall coordinate with DENR in monitoring the disposal of waste and condemned carcasses in the meat establishments. ACIDTE
SECTION 22. Proper Marking of Carcasses. — The carcasses and parts thereof of all such animals found not to be adulterated shall be marked, stamped, tagged or labeled as "Inspected and Passed". Said inspectors shall label, mark, stamp or tag as "Inspected and Condemned" all carcasses and parts found to be adulterated. All carcasses and parts thereof marked "Inspected and Condemned" shall be destroyed for food purposes by the said establishment in the presence of an inspector.
RULE 22.1. The proper marking of carcasses shall enable control and proper handling prior to its reaching the consumer as well as assure consumers of the official guarantee of safety and wholesomeness of meat.
RULE 22.2. The carcasses and parts thereof of food animals shall be properly marked in a systematic manner to show the result of inspection after a decision has been made by an inspector if such meat is fit or unfit for human consumption.
RULE 22.3. The size, shape and wording of any inspection mark, as well as the color and composition of marking ink used for the branding of meat shall be prescribed by the NMIS and shall be uniform throughout the country. The brands and stamps used to apply the marks of inspection shall be kept clean while in use, and shall be held under the control and supervision of the inspector.
SECTION 23. Re-Inspection. — The inspectors shall re-inspect carcasses and parts thereof when necessary to determine whether the meat has become adulterated after the first inspection. If found to be adulterated on subsequent examination and inspection, the establishment shall destroy for food purposes all carcasses and parts thereof in the presence of the inspector.
RULE 23.1. Procedures on the conduct of post-meat establishment re-inspection of meat and meat products shall be issued through a Department Circular by the Secretary.
SECTION 24. Extent of Application. — The foregoing provisions shall apply to all carcasses or parts of carcasses of food animals or the meat and meat products thereof which may be brought in to any meat processing, meat canning, packing or similar establishment and such examination and inspection shall be done before the said carcasses or parts thereof shall be allowed to be treated, processed or prepared.
RULE 24.1. All carcasses or parts of carcasses of food animals or by-products thereof coming from accredited/locally registered slaughterhouses and poultry dressing plants shall be examined by the NMIS meat control officer (veterinarian)/meat inspector assigned in accredited meat processing plants or LGU meat control officer (veterinarian)/meat inspector in locally registered meat processing plants before the said carcass or parts thereof shall be processed, canned and packed.
RULE 24.2. The DA shall initiate the issuance of a Joint Department Circular with DOH and DILG on the shared responsibility and delineation of functions in the regulation of meat processing plants in accordance with their respective mandates.
SECTION 25. Entry of Material into the Meat Establishments. — The Secretary may limit the entry of carcasses, parts of carcasses, meat and meat products and other materials into any meat establishment at which inspection under this Act is maintained, under such condition as may be prescribed to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Act.
RULE 25.1. Only food animals that were slaughtered, inspected and passed by inspectors from NMIS accredited slaughterhouses or poultry dressing plants shall be utilized in NMIS accredited meat processing plant for meat processing, meat canning and packing.
SECTION 26. Access to Meat Establishments. — The inspectors shall conduct an examination and inspection of all meat and meat products prepared for commerce in any slaughtering, meat canning, salting, packing, rendering, or similar establishment, and for that purpose, shall have access at all times, day or night, whether the establishment is in operation or not, to every part of said establishment.
RULE 26.1. Meat inspection officers shall have access at all times to the meat establishment whether it is in operation or not.
RULE 26.2. Unannounced inspection may be undertaken at any time by the NMIS and/or LGU inspectors.
RULE 26.3. When necessary, the meat inspection officers may seek the presence and assistance of law enforcers with regards to legal processes such as the PNP, NBI and other government agencies.
SECTION 27. Marking of Inspected Products. — The inspectors shall mark, stamp, tag, or label as "Inspected and Passed" or "Inspected and Condemned" all such products found to be unadulterated or adulterated as the case may be. Condemned meat products shall be destroyed for food purposes. Provided, That subject to the rules and regulations under this Act, the provisions hereof in regard to preservatives shall not apply to meat products for export to any foreign country and which are prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is to be exported. CSAaDE
RULE 27.1. All carcasses and parts of carcass, organs, viscera and other edible by-products of food animals that are found at inspection to be fit for human consumption shall be stamped/branded on the surface of meat and meat products using foodgrade ink or marked/labelled on leg band or packaging material with "Inspected and Passed".
RULE 27.2. All food animal carcasses and parts of carcass, organs, viscera and meat products that are found at inspection to be unfit for human consumption shall be held securely within the meat establishment to the satisfaction of the inspectors until they are marked or branded "Inspected and Condemned", stained, rendered, denatured or otherwise destroyed so excluding them from the food chain.
RULE 27.3. Meat establishment operator shall be responsible for the expenses to be incurred and the proper disposal of condemned materials following the NMIS prescribed methods under the supervision of the meat plant officer.
SECTION 28. Veterinary Quarantine Clearance. — No veterinary quarantine clearance issued by the National Veterinary Quarantine Service shall be given to any vessel having on board any meat and meat products for export to and sale in a foreign country from any port in the Philippines until the owner or shipper thereof shall obtain from the NMIS a certificate that the said food animal is free from dangerous and communicable diseases at the time of inspection, and that the meat there from is safe and wholesome. The Secretary may waive the requirements of such certificate in favour of the country to which said meat and meat products are to be exported.
RULE 28.1. All meat and meat product exporters shall be licensed, registered, and accredited by the NMIS.
RULE 28.2. Only HACCP certified meat and meat products from accredited "AAA" and "AA" meat establishments shall be allowed for export unless such requirement is waived and the products are acceptable to the market/receiving entity.
RULE 28.3. A certificate of wholesomeness shall be issued by the NMIS for all meat and meat products for export.
RULE 28.4. Veterinary quarantine officers assigned at ports shall not clear any shipment of meat and meat products for export without an accompanying certificate of wholesomeness issued by the NMIS.
SECTION 29. Official Certificates of the Condition of the Animals. — The veterinary inspectors provided for herein shall be authorized to give official certificates of the condition of food animals, their carcasses and products as herein described, and one (1) copy of every certificate granted under the provisions of this Act shall be filed in the NMIS, another copy shall be given to the owner or shipper, and when the meat and meat products are sent abroad, a third copy shall be attached to the veterinary quarantine clearance.
RULE 29.1. All livestock traders shall be licensed, registered and/or accredited by the Department of Agriculture.
RULE 29.2. A veterinary health certificate shall be issued by a licensed veterinarian at source for all food animals intended for slaughter.
RULE 29.3. All food animals intended for slaughter must be accompanied by slaughter documents such as but not limited to Veterinary Health Certificate, shipping permit and credentials of large cattle, which shall be submitted by the licensed livestock handler to the meat control officer (veterinarian)/meat inspector assigned at the meat establishment prior to acceptance for slaughter.
RULE 29.4. The meat control officer (veterinarian)/meat inspector assigned at the meat establishment shall issue a certificate of wholesomeness certifying as to the condition of the food animal and the fitness of the meat or meat products for human consumption.
SECTION 30. Sale and Transport of Properly Labeled Carcasses. — No person, firm or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any carcasses of food animals, or the meat or meat products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Secretary to show the kind of animals from which they were derived.
RULE 30.1. Only the NMIS prescribed brand or mark shall be stamped on the surface of meat and meat products or attached as leg band or labelled on the packaging material showing distinct characteristics or information for the main purpose of identification and/or traceability.
SECTION 31. Absence of Ante-Mortem Inspection. — The inspectors shall seize, confiscate, condemn or dispose of carcasses or parts thereof of food animals that is sold, transported, distributed, offered or received for distribution in commerce that have not passed through ante-mortem inspection. Carcasses or parts thereof are considered "hot meat" and if found to be fit for human use during examination shall be disposed of as provided in the Implementing Rules and Regulations of this Act.
RULE 31.1. The carcasses or parts thereof of food animals slaughtered in a non-registered or non-accredited meat establishment, have not undergone ante-mortem inspection and sold, transported, distributed, offered or received for distribution in commerce are considered "hot meat" and shall be confiscated, destroyed for feed or disposed of properly. HEScID
RULE 31.2. Carcass or parts of carcass not coming from food animal as defined in this amended Act or other relevant laws, such as but not limited to dog, cat and other pet/companion animals, shall be considered as "hot meat" and shall be confiscated and disposed of properly.
RULE 31.3. The owner, distributor, consignee and accompanying handlers/staff during the slaughtering, transport, distribution, receipt by consignee or selling of "hot meat" shall be prosecuted and the vehicle impounded and turned over to the PNP for custody.
RULE 31.4. The NMIS and LGU meat control officers (veterinarians)/meat inspectors, appointed or deputized, shall have the authority to confiscate "hot meat" and/or carcasses and parts of carcasses, in accordance with established procedures, found to have been prepared, handled, packed, stored, transported, distributed, sold, offered or received for distribution in commerce without undergoing the required ante-mortem inspection.
RULE 31.5. All expenses incurred in the proper disposal/destruction of confiscated meat and meat products shall be borne by the owner or person found in possession of "hot meat" or involved in its sale and distribution.
CHAPTER VI
Inspection of Imported Meat and Meat Food Product
SECTION 32. Examination and Laboratory Analysis. — The NMIS shall conduct examination and when necessary, laboratory analysis of imported meat and meat products after the products are approved for release by the National Veterinary Quarantine Service at the ports of entry.
RULE 32.1. All meat and meat products brought into the country shall be subjected to safety and quality inspection by NMIS immediately after its clearance by veterinary quarantine officer at the port of entry.
RULE 32.2. The importer shall be prohibited from transferring from the designated storage to other warehouses or facilities, modifying, using, distributing or selling the imported meat and meat product without NMIS inspection and clearance.
RULE 32.3. The import inspector shall collect sample for laboratory analysis, when necessary, within 24 hours upon the transfer of the shipment of imported meat and meat products to the storage warehouse to determine the presence of disease and whether the level of drug residue, harmful substances, additives, contaminants, toxins and microbes conform with the standards and requirements of the Philippines.
32.3.a. It shall complete the inspection in one (1) day and/or the laboratory analysis in three (3) days, if the source Foreign Meat Establishment (FME) is in good standing.
32.3.b. It shall complete the inspection and laboratory analysis within one (1) week under the following conditions:
32.3.b.1. If the FME is a new meat and/or meat product supplier;
32.3.b.2. Where the concerned FME's past record of inspection and laboratory result showed a cause for concern;
32.3.b.3. Where there is an emergency case, such as but not limited to pests or disease outbreak, contamination and the like, at the source or ports of transhipment/routes of the shipment;
RULE 32.4. If the source of the imported meat and/or meat products has been delisted as an accredited foreign meat establishment by the Department of Agriculture, the shipment shall be re-exported if it has not entered the Philippine territory. Otherwise, the shipment shall be confiscated, destroyed and disposed of properly following the NMIS prescribed procedures.
RULE 32.5. An imported meat inspection certificate attesting to the fitness for human consumption shall be issued by NMIS after the product has satisfied the quality and safety standards and payment of imported meat inspection fees.
SECTION 33. Confiscation of Meat and Meat Products. — The inspectors shall seize, recall, confiscate, condemn or dispose by destruction or re-export at the expense of the importer any imported carcass, meat or meat products of food animals that has been prepared, sold, transported or otherwise distributed or offered or received for distribution in commerce, and found to be filthy, contaminated, adulterated or misbranded during inspection and laboratory analysis.
RULE 33.1. The Plant Officer shall verify the authenticity of the released documents and check the integrity of the container seal.
RULE 33.2. Meat and meat products found to be illegally imported, undocumented and illegally shipped are considered "hotmeat" and shall be confiscated, destroyed and disposed of properly following the NMIS prescribed procedures.
RULE 33.3. The NMIS shall put "on hold" the imported products if the NVQS seal is found broken or removed. The investigating committee shall expeditiously conduct hearing and recommend to the Executive Director appropriate action on the "on hold" shipment. caADSE
RULE 33.4. The NMIS shall confiscate imported meat and meat products when found to be contaminated (unintentional or intentional), adulterated or misbranded.
RULE 33.5. The NMIS shall confiscate imported products if found to consist, in whole or in part, of any filthy, putrid, rotten, decomposed substance or foreign matter or otherwise unfit for human consumption.
RULE 33.6. The NMIS shall confiscate imported meat and meat products if found to be carrying any disease-causing organism, toxic or deleterious substance which may render it injurious.
RULE 33.7. The NMIS shall confiscate imported products if the container or packaging materials in direct contact with the meat and meat products are found to be composed, in whole or in part, of any poisonous or deleterious substance which render the contents injurious to health.
RULE 33.8. Imported meat and meat products confiscated in view of violation of RA 9296, as amended, shall either be returned to the country of origin if the commodity has not yet been released from the quarantine area at the port of entry or be destroyed jointly by the NMIS, BAI, Bureau of Customs, other government entities and interested private sector. This is without prejudice to the filing of criminal complaint against the importer/consignee.
RULE 33.9. The importer, consignee or any other party found to be involved in the importation shall bear the expenses to be incurred in the confiscation and disposition of the shipment including but not limited to the destruction, storage and labor.
RULE 33.10. NMIS shall notify the competent authority of the source country of any instance and cause of refused entry items.
RULE 33.11. All expenses incurred in the proper disposal/destruction of confiscated imported meat and meat products shall be borne by the owner, importer, consignee, broker or any other party found to be involved in its importation, sale and distribution.
SECTION 34. Accreditation of Foreign Meat Establishments. — Meat exporters to the Philippines shall secure accreditation of foreign meat establishment at source from the Department of Agriculture before being allowed to ship meat and meat products into the country. An audit or inspection shall be done of exporters of meat and meat products in terms of their compliance with Philippine and internationally recognized standards.
RULE 34.1. All meat and meat products exported into the country shall be sourced from foreign meat establishments accredited by the DA.
RULE 34.2. The DA shall undertake accreditation of foreign countries and foreign meat establishments based on OIE and Codex import risk analysis principles and guidelines. The evaluation shall include among other, that of the animal health status and the meat inspection system of the exporting country.
RULE 34.3. The accreditation shall involve coordination between the competent/controlling authority of the exporting country as identified by the government of that country and Philippine DA. Periodic review shall be undertaken of all accredited foreign systems and meat establishments to determine continuous compliance to standards, unless due to compelling reason immediate evaluation is needed.
RULE 34.4. The DA shall maintain an updated listing of foreign countries accredited to export to the Philippines including a list of accredited foreign meat establishments thereat and shall make this information available to all interested parties.
RULE 34.5. The accreditation of the foreign country and/or foreign meat establishment to export to the Philippines shall be suspended/cancelled by the Secretary upon the recommendation of both BAI and NMIS if the importation of meat and meat products there from shall pose high risk to animal and public health.
SECTION 35. Compliance Prior to Shipment. — Meat exporters to the Philippines must comply with all other Philippine import requirements prior to the shipment of meat and meat products into the country.
RULE 35.1. Only foreign meat establishments recognized as exporting entities by the National Veterinary Administration or its equivalent of the exporting country are allowed to export in to the Philippines. Recognition extended by the local, state or provincial veterinary administration which in the hierarchy of political units is under the national (federal or commonwealth) government at the country of origin shall not be recognized by the Department of Agriculture.
RULE 35.2. The seal of the container of imported meat and meat products shall be maintained throughout the chain of importation until broken by the NMIS meat control officer (veterinarian/meat inspector at the designated place of inspection (cold or dry storage warehouse).
RULE 35.3. Imported meat and meat products that are trans-shipped or made to pass through other ports other than the original port of origin before arriving in the Philippines shall be acceptable unless the seal at the original port of origin has been broken. AcSIDE
SECTION 36. Import Requirements. — Imported meat and meat products shall be refused entry if they do not meet Philippine import requirements. The refused entry items shall be re-exported to the country of origin or destroyed at the expense of the importer or owner in order to protect public health and the local animal population.
RULE 36.1. The Secretary shall issue the rules, regulations and standards governing importation of meat and meat products into the Philippines.
RULE 36.2. The veterinary quarantine officer (VQO) at the port of entry shall refuse entry those undocumented, illegally shipped, and unregistered imported carcass, parts of carcass and/or meat products and/or originating from unaccredited foreign meat establishments which are considered "hotmeat". The VQO shall ensure the re-export of the shipment or its confiscation, destruction and proper disposal in coordination with NMIS.
RULE 36.3. Undocumented, illegally shipped, and unregistered imported meat and meat products and/or originating from unaccredited foreign meat establishments, which are found outside the NMIS designated place of inspection, such as but not limited to supermarkets, groceries and duty free shops, shall be confiscated, destroyed and properly disposed of by NMIS.
RULE 36.4. The NMIS shall request any instrumentality of government, whenever necessary, to extend assistance in the said disposal of confiscated meat and meat products to safeguard public and animal health.
RULE 36.5. All expenses incurred in the destruction and disposal of confiscated imported items under this Section shall be borne by the importer/consignee or any other party found to be involved in its importation, sale and/or distribution.
CHAPTER VII
Labeling Requirements
SECTION 37. Labeling of Meat and Meat Products. — Any meat or meat products prepared for commerce which has been inspected and marked "Inspected and Passed" shall be placed or packed in any can, pot, tin, canvas, other receptacle or covering in any establishment where inspection under the provision of this Act is maintained. The person, firm or corporation preparing said product shall cause a label to be attached to the said can, pot, tin, canvas, or other receptacle or covering, under the supervision of an inspector, which label shall state that the contents thereof have been "Inspected and Passed" under the provisions of this Act.
RULE 37.1. Any meat and meat products prepared for commerce and which has been inspected and marked "Inspected and Passed" by NMIS shall comply with the labeling requirements to enable the consumer to obtain accurate information about the meat and meat product and expiry date and to ensure product traceability.
RULE 37.2. The BAFS, in collaboration with NMIS and with the participation of various stakeholders, shall set the standards for labeling of meat and meat products.
RULE 37.3. The NMIS shall be primarily responsible in the enforcement of standards for labeling of meat and meat products.
RULE 37.4. The label on meat and meat products for international trade shall comply with the requirements of the receiving country and shall be affixed prior to shipment.
RULE 37.5. The exporter of meat and meat products shall be responsible in giving information to NMIS on the labeling requirements of the receiving country.
SECTION 38. Sealed Meat and Meat Products. — No examination and inspection of meat and meat products deposited or enclosed in cans, tins, pots, canvas, or other receptacle or covering in any establishment where inspection under the provisions of this Act is maintained shall be deemed to be complete until such meat or meat products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.
RULE 38.1. The meat control officers (veterinarians)/meat inspectors assigned in meat processing plants shall conduct re-inspection of the raw meat materials for fabrication and/or processing from the receiving of the meat up to the sealing of the meat and/or meat products inside the can, tin, pot, canvas or other receptacle or covering.
SECTION 39. Distinct and Legible Labels. — All carcasses, parts of carcasses, meat and meat products inspected at any establishment and found to be not adulterated shall at the time they leave the establishment bear in distinctly legible form, directly thereon on their containers, the information required under the provisions of this Act.
RULE 39.1. The meat establishment operator shall be responsible for all labels to be affixed on their product prior to transport out of the meat establishment where said products were prepared and inspected. The NMIS inspectors assigned at the establishment shall ensure the compliance to this requirement.
RULE 39.2. All labels intended for meat and meat products shall be submitted for review and shall be approved by NMIS prior to use.
SECTION 40. Standards for Labeling. — The Secretary may prescribe: (1) the styles and sizes or type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling, (2) definitions and standards of identity or composition for articles and standards of fill of container for such articles consistent with any such standards required by receiving countries. EaDATc
RULE 40.1. The NMIS shall initiate the setting of Philippine definitions and standards of identity or composition of meat and meat products and standards of fill of container.
RULE 40.2. BAFS, as the standard setting agency for agricultural products, shall collaborate in this undertaking and upon completion, shall prescribe the Philippine standard.
RULE 40.3. The NMIS shall be primarily responsible for the enforcement of standards in the labeling of meat and meat products.
RULE 40.4. Meat and meat products shall be labeled according to Philippine standards. Exporters of products shall seek exemption if the standard required by the receiving country is different, provided that such requirement does not give misleading or false information about the product.
SECTION 41. False or Misleading Marks and Labels. — No article shall be sold or offered for sale by any person, firm or corporation, in commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Secretary are permitted.
RULE 41.1. It shall be unlawful for any person, firm or corporation to label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.
RULE 41.2. It shall be unlawful for any person, firm or corporation to import into the Philippines or advertise any pre-packaged meat and meat product that has applied to it a label that contains any false or misleading representation relating to or that may reasonably be regarded as relating to that product.
SECTION 42. Withholding False or Misleading Marks and Labels. — If the Secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling or container is modified in such manner as he may prescribe so that it will not be false or misleading.
RULE 42.1. A Cease and Desist Order (CDO) shall be issued by the Secretary after proper notice to the owner/operator and summary hearing. The issuance of CDO is without prejudice to the filing of criminal, administrative and/or civil complaint for violation of the Meat Inspection Code, as amended.
RULE 42.2. The CDO shall be lifted only after corrective measures have been instituted as validated/verified and approved by the NMIS concerned division/s where applicable.
CHAPTER VIII
Sanitation
SECTION 43. Sanitation Inspection. — The Secretary shall require a sanitation inspection to be conducted by experts/inspectors of all meat establishments to gather information concerning the prevailing sanitary conditions and from such, shall prescribe the rules and regulations under which meat establishments shall be operated and maintained. Meat and meat products from establishments operated under sanitary conditions that render them adulterated shall not be labelled or marked as "Inspected and Passed".
RULE 43.1. Following the schedules set by the NMIS, Meat establishments shall adopt Good Manufacturing Practices (GMP)/Good Operating Practices (GOP), Sanitation Standard Operating Procedures (SSOP) and Hazard Analysis Critical Control Program (HACCP) in the whole process of production, storage and distribution of their products whenever applicable.
RULE 43.2. The NMIS shall oversee, monitor, conduct food safety audit and evaluate the compliance and performance of meat establishments relative to their implementation of GMP/GOP, SSOP and HACCP systems. The PMIS Head or representative may join as observer the NMIS MSQA team during the verification audit of meat plant within their territorial jurisdiction.
RULE 43.3. All meat establishments, whether or not accredited, shall implement a Clean-Up and Sanitation Program. The evaluation of its implementation shall be done during the food safety audit by the NMIS. Meat establishments that operate below national standards for hygiene and sanitation thereby posing risk to animal and public health shall be recommended by NMIS for closure through the issuance of Cease and Desist Order (CDO) by the Secretary.
RULE 43.4. The NMIS and PMIS shall formulate "incentive schemes" for establishments that are performing exceptionally in their compliance to sanitation standards.
RULE 43.5. There shall be a Sanitation and Environmental Management Unit under the Engineering and Climate Change Division (ECD) to attend to the improvement of environmental performance of meat establishments. HTSaEC
CHAPTER IX
Product Quality and Safety
SECTION 44. Standards and Guidelines. — The Secretary, by way of regulation, shall adopt internationally recognized standards, recommendations, set of procedures or guidelines to further ensure the quality and safety of meat and meat products.
RULE 44.1. The NMIS shall pursue the adoption and implementation of risk-based meat inspection system in the whole process of production from farm to fork.
RULE 44.2. The Plant Operation and Inspection Division (POID) shall recommend to the Executive Director the adoption of relevant set of procedures, guidelines, recognized standards and recommendations by CAC, FAO, ISO, OIE and other recognized international bodies such as but not limited to Good Manufacturing Practices (GMP), Good Operating Practices (GOP), Sanitation Standard Operating Practices (SSOP) and Hazard Analysis Critical Control Point Program (HACCP) to improve existing meat inspection/control system. It shall be issued as Department Circular by the Secretary.
RULE 44.3. The POID shall also recommend to the Executive Director strategies or measures to speed up the implementation of the CAC recommended guidelines particularly at the LGU level.
RULE 44.4. All classes of meat establishments shall comply with MSQA regulations following the scheduled program of implementation set by NMIS.
RULE 44.5. The NMIS shall have the legal power to enforce meat safety and hygiene regulations and to direct the meat establishment owner, operator and/or trader to recall and withdraw adulterated meat and/or meat products at any point or stage of marketing after dispatch of said products.
RULE 44.6. The NMIS shall ensure the destruction and proper disposal of the recalled meat and meat products by the meat establishment owner, operator and/or trader.
RULE 44.7. Expenses to be incurred in the withdrawal, destruction and disposal of the recalled products shall be shouldered by the establishment owner, operator and/or trader.
RULE 44.8. In no case shall recalled, "hot meat", expired, confiscated, seized and/or condemned meat and meat products be auctioned, donated to any person or entity for whatever purpose or allowed re-entry into the food chain.
CHAPTER X
Product Information and Consumer Awareness
SECTION 45. Information Campaign. — The NMIS shall have the responsibility to provide information and assistance to the consuming public on the proper handling and preparation, storing, processing, preservation of meat and meat products and may seek the assistance of the industry and the private sector in attaining its objectives.
RULE 45.1. The NMIS, in coordination with other concerned entities including but not limited to national government agencies, LGUs, importers, traders and meat establishment operators, shall provide information and assistance to the consuming public on the proper handling and preparation, storing, processing, preservation of meat and meat products to ensure that the meat they consume is safe and wholesome.
RULE 45.2. Meat establishment operators shall provide vital product information on their meat and meat products sold in the market.
RULE 45.3. Meat establishments shall have adequate systems that enable the tracing, and/or recall of product from the food chain. The NMIS shall verify that tracing and/or recall systems are adequate.
RULE 45.4. In case of mandatory recall, the announcement shall include the information on what products are being recalled, reason for the recall, and when and where to bring the recalled products. The concerned entity, government or private, shall make the announcement nationwide to warn the public or consumers of the possible risks or hazards.
RULE 45.5. The NMIS shall verify that the concerned establishment and/or trader has taken the necessary steps to ensure that all affected products or potentially affected products have been included in the recall.
CHAPTER XI
Service Fees and Charges
* SECTION 4 of R.A. 10536. Section 46 of the Act is hereby amended to read as follows:
* SECTION 46. Unified Fees and Charges of the NMIS and LGUs. — The Secretary, by way of regulation, and after public hearing, shall prescribe such reasonable fees to be charged by the NMIS and LGUs for services rendered. The Secretary may revise such fees after due notice and public hearing. Amounts collected from fees, fines and other charges by the NMIS shall be deposited with the National Treasury and shall accrue to the General Fund. IESAac
RULE 46.1. The Secretary shall issue through a Department Circular and after public consultation, the rates for ante-mortem and post-mortem meat inspection fees and other service charges by the NMIS which shall be adopted by the LGU meat inspection service through a revenue ordinance.
RULE 46.2. The NMIS regulatory services, where charges are imposed and collected shall include but not limited to accreditation, laboratory examination, certification, honorarium for technical and training assistance, services for extended operation of meat establishments and other technical and administrative services.
RULE 46.3. The LGU meat inspection service (LMIS) may impose other charges for rendered services and fines for acts declared by the LGU as punishable, provided these are not included in RA 9296, as amended, and the rates of which shall be set through a revenue and/or penal ordinance.
RULE 46.4. The amounts collected from service fees, administrative fines and other charges for rendered services by the NMIS shall be remitted/deposited with the National Treasury and shall accrue to the General Fund.
RULE 46.5. The twenty percent (20%) share from the collected and deposited administrative fines, service fees and charges due to the LGU meat inspection service (LMIS) as provided under Section 11 of RA 9296, as amended, shall be included in the NMIS budget proposal for the following year. The amount once released to NMIS by DBM shall be transferred/remitted to the concerned LGUs and properly acknowledged.
* SECTION 5 of R.A. 10536. Section 47 of the Act is hereby amended to read as follows:
* SECTION 47. Meat Inspection Service Development Trust Fund. — There shall be an independent and separate trust fund established under this Act, to be administered by the Meat Inspection Board. An amount not less than fifty percent (50%) for the first five (5) years, accrued from the fees, fines and charges shall be used for the purpose of the Meat Inspection Service Development Trust Fund.
RULE 47.1. The NMIS, in consultation with the DA, DOF and DBM, shall formulate the mechanism for the establishment and operationalization of the Meat Inspection Service Development Trust Fund (MISDTF). This shall be presented to the Department Secretaries who shall issue the Joint Department Circular.
RULE 47.2. The priority for fund utilization by the LGU and the NMIS shall be the improvement of the meat inspection/control system to conform with international standards to enable Philippine meat and meat products to be competitive in the world market and properly safeguard public health.
RULE 47.3. The NMIS shall prepare an annual work and financial plan on the utilization of the MISTDF for inclusion in the proposed annual budget of the agency for the succeeding year.
The fund shall be used for the following:
a) continued upgrading of laboratory equipment and facilities to conform with international standards;
RULE 47.a)1. The existing satellite meat laboratory in the regional technical operation centers (RTOCs) shall be maintained and upgraded. Three (3) specialized meat residues and contaminants laboratory shall be developed in Manila, Cebu and Davao.
b) establishment of training facilities;
RULE 47.b)1. A Meat Inspection Training and Development Center under the Food Safety Institute of Republic Act No. 10611, otherwise known as the Food Safety Act, shall be established to develop and strengthen the capabilities of national and local veterinarians, meat inspectors, workers in the meat industry, out-of-school youths and other interested private entities or persons on inspection for meat quality and safety, enforcement, food defense, slaughterhouse engineering standards, quality assurance and management, laboratory analytical procedures, meat establishment operation and management and other sort term courses.
RULE 47.b)2. Local Government Units may establish their own or in collaboration and partnership with the academe or TESDA, a slaughterhouse and/or meat cutting plant used as training facility for the out-of-school youths, workers in the meat industry and other interested parties. In the selection of MEIP recipients, the NMIS shall give priority to such LGU project proposal, if there is any. The NMIS, when requested, shall provide technical assistance such as but not limited to training modules, visual aids and subject specialists.
c) capability development of technical personnel and field enforcers;
RULE 47.c)1. In line with the NMIS Personnel Development Plan, a "Study Now and Pay Later Program" for Veterinary Medicine, graduate and post-graduate studies, trainings or seminars related to management of the meat and food inspection/control systems shall be created and to be funded from the MISDTF.
RULE 47.c)2. The NMIS shall undertake, on a cost sharing scheme, capability building of LGU meat inspection officers (Veterinarians/Meat Inspectors) and professionalization of the meat inspectors. TAaHIE
d) conduct of research and development on meat and meat products standards with professional organizations, the academe and/or other government offices;
RULE 47.d)1. Internal researches to be undertaken by NMIS or those in collaboration with other government offices or academe shall be covered by a MOA/MOU while those to be undertaken by private entities shall be procured through operation of R.A. No. 9184.
RULE 47.d)2. External research proposals to be conducted at the NMIS central office or regional technical operation centers shall be evaluated and approved by the NMIS Research Committee.
e) indemnification of condemned animal during ante-mortem inspection;
RULE 47.e)1. Allocation for the indemnification of owner of food animals condemned during ante-mortem inspection due to zoonoses shall be made and taken from the MISDTF.
f) accreditation and food safety audits of foreign meat plants;
RULE 47.f)1. All expenses such as but not limited to daily subsistence, clothing, and transport allowances to be incurred by the food safety auditors in the conduct of FME evaluation for accreditation shall be charged to MISDTF.
g) conduct of enforcement, food defense program and collaborative activities with other law enforcement agencies;
RULE 47.g)1. An allocation for legal and medical assistance shall be made and taken from the MISDTF to be used for the legal and medical expenses of personnel, who are subjected to harassment, retaliatory or any other suits and/or who suffered physical injuries during the course of duty, as determined by an investigating committee, and for the payment of docket fees, court charges and other expenses in line with the prosecution and litigation of cases filed by NMIS.
RULE 47.g)2. To be able to quickly respond in ensuring that only safe and wholesome meat and meat products are sold to the public and to provide reliable, fast and efficient transport during the conduct of inspection, enforcement and food defence activities, service vehicles shall be purchased and funded from the MISDTF.
RULE 47.g)3. A motorcycle and light vehicle loan assistance program for NMIS personnel shall be created and to be funded from the MISDTF.
h) establishment of disposal facilities for seized or condemned items and programs for the prevention and control of the spread of pests and diseases from the abattoir to the farm;
RULE 47.h)1. The NMIS in collaboration with other agencies shall issue guidelines for the establishment of rendering facilities for proper handling of slaughterhouse wastes:
RULE 47.h)2. Slaughter check and feedback system to the LGU and farm origin of identified pests and diseases shall be established.
i) provision of benefits under the Magna Carta of Public Health Workers and health insurance for the well-being of NMIS personnel; and
RULE 47.i)1. All personnel of NMIS shall be eligible to receive the benefits under the Magna Carta of Public Health Workers.
RULE 47.i)2. In addition to PhilHealth, the provision of annual health insurance and wellness care program for NMIS personnel shall be sourced from the MISDTF.
j) provision of other forms of assistance and support to the LGUs, the livestock sector and the meat industry. The trust fund may also accept grants and donations from national and foreign entities and individuals interested in the meat inspection development; Provided, That they are not subject to regulation of the NMIS.
RULE 47.j)1. The NMIS shall develop and implement incentive schemes for NMIS accredited and locally registered meat establishments.
RULE 47.j)2. The NMIS shall provide partial or full financial assistance, as recommended by the BLGD and BLGF, for the construction or improvement of meat establishment (slaughterhouse or dressing plant) in LGUs slaughtering less than 20 heads of hogs or less than 5 heads of large cattle or less than 1000 birds a day, the funding allocation of which shall be made available and taken from the MISDTF.
RULE 47.j)3. The priority for fund utilization by the LGUs shall be for the efficient operationalization of the LGU meat inspection or control system following national standards, to safeguard public health within their territorial jurisdiction.
RULE 47.j)4. Interested persons and/or entities, domestic or foreign, which are not subject to regulation of the NMIS, may donate to the fund. Any grant or donation shall be properly received and acknowledged by NMIS.
CHAPTER XII
Prohibited Acts
SECTION 48. Prohibited Acts. — No person, firm or corporation shall: IcaHCS
a. slaughter any food animal or prepare meat or meat product in any meat establishment except in compliance with the requirements of this Act;
b. slaughter or handle in connection with slaughter, any food animal in a manner not considered humane;
c. sell, transport, offer or receive for sale or transportation in commerce carcasses or parts thereof, meat and meat product required to be inspected under this Act unless they have been so inspected and passed;
d. do any act while they are being transported in commerce or held for sale, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
RULE 48.1. Any person, firm or corporation found directly or indirectly violating any provision of this Act, in addition to the penalties and sanctions prescribed herein, shall be charged under applicable laws of the Philippines.
SECTION 49. Printing of Official Marks. — No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Secretary.
RULE 49.1. The production of any device containing any official mark or simulation thereof shall be regulated by the national or local controlling authorities as the case may be.
RULE 49.2. Official certificates shall be accountable forms and proper security safeguards shall be exercised by the controlling authority in the printing and/or production.
RULE 49.3. Official marks and official certificates issued by LGUs shall conform to NMIS prescribed format.
SECTION 50. Forging Official Marks. — No person, firm, or corporation shall (1) forge any official device, mark or certificate; (2) use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; (3) contrary to the regulations prescribed by the Secretary, fail to use, or to detach, deface, or destroy any official device mark, or certificate; (4) knowingly possess any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; (5) knowingly make any false statement in any certificate; or (6) knowingly represent that any article has been inspected and passed under this Act when, in fact, it has not been so inspected and passed.
SECTION 51. Absence of Ante-Mortem Inspection. — It shall be unlawful for any person, either for himself or in behalf of another person, firm or corporation or partnership to slaughter food animals which have not been submitted for ante-mortem inspection or to store, transport or sell carcasses, organs or parts thereof which have not been previously inspected and passed or have been found upon inspection to be unfit for human consumption.
SECTION 52. Interference in the Conduct of Inspection. — It shall be unlawful for any person, firm or corporation to resist, harass, intimidate, assault, impede or interfere with any inspector during the performance of his duties as prescribed under this Act.
RULE 52.1. Any meat inspection officer who is harassed, intimidated, threatened, or assaulted by any person during the performance of his official duties shall be given full assistance by law enforcement agencies and by the DA, NMIS or LGU legal office.
RULE 52.2. Any meat inspection officer (Vet/MI) who, in the performance of his/her official duties, is charged in court shall be provided with appropriate legal assistance by the DA-NMIS in case of NMIS and LGU deputized inspectors or by the LGU Legal Officer in the province, city or municipality in case of non-deputized LGU veterinarian/meat inspector.
RULE 52.3. A Legal and Medical Assistance Fund shall be made available and taken from the MISDTF which shall be used for the legal and medical expenses of meat inspection officers of NMIS and deputized LGU meat inspection officers who are subjected to harassment, physical injury or retaliatory suits.
RULE 52.4. Any person, firm or corporation who shall resist, interfere with or impede the completion of duties of an inspector shall be held liable and charged accordingly under this amended Act and other applicable laws.
SECTION 53. Unlawful Trading. — It shall be unlawful for any person employed by the NMIS or person employed by the local government unit for the purpose of meat inspection work, to engage directly or indirectly in the business of buying, selling and trading or otherwise negotiating purchases or sales of meat and meat products for his own account or as an employee of another person, firm or corporation.
RULE 53.1. Any person employed for the purpose of meat inspection work, found directly or indirectly violating this section shall be charged under applicable laws, rules and regulations. IDcHCS
SECTION 54. Unlawful Shipment. — It shall be unlawful for any shipping line or airline to accept shipment of meat and meat products for export into our country without an accompanying veterinary quarantine clearance issued by the Philippine Department of Agriculture and International Veterinary Certificate issued by the national controlling authority of the exporting country.
RULE 54.1. The Secretary shall within one (1) year from the effectivity of this revised IRR, issue guidelines in the implementation of the aforementioned section.
CHAPTER XIII
Access and Examination
SECTION 55. Record Keeping. — The following classes of persons, firms, and corporations shall keep such records and willfully and correctly disclose all pertinent transactions involved in their business; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to their places of business and opportunity to examine the facilities, inventory, and records thereof — (1) any person, firm or corporation in the business of slaughtering food animals, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food (2) any person, firm, or corporation engaged in the business of buying or selling or transporting, or storing in, or importing, any carcasses, or parts or products of carcasses, of any such animals.
RULE 55.1. Any person, firm or corporation engaged in the business of slaughtering food animals, or preparing, freezing, packaging or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food, and any person, firm or corporation engaged in the business of buying or selling or transporting, or storing in, or importing, any carcasses, or parts or products of carcasses of any such animals shall maintain records of all transactions related to meat quality and safety including inventory of goods as well as any other information identified by the NMIS necessary in the formulation of policies and regulations including those on product traceability or recall.
RULE 55.2. The records and other information of the entities enumerated in the preceding rule shall be made available to officers authorized by the Secretary.
RULE 55.3. Special inspections by an authorized inspector apart from routine meat inspection shall be conducted at reasonable time upon notice to the establishment operator.
CHAPTER XIV
Penalties and Sanctions
* SECTION 6 of R.A. 10536. Section 56 of the Act is hereby deleted and replaced with a new Section 56 to read as follows:
* SECTION 56. Fines and Penalties. — Any person who commits violation of any of the provisions of this Act or shall commit any of the prohibited acts mentioned under Sections 48, 49, 50, 51, 52, 53 and 54 under Chapter XII of Republic Act No. 9296, or shall sell, transport, offer or receive for sale or transportation in commerce hot meat as herein defined, upon conviction, shall be punished by imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00) or both such fine and imprisonment upon the discretion of the court.
The offender shall be obliged to pay to the concerned consumer whatever damage may have been suffered by the latter as a consequence of the unlawful act.
If the offender is a juridical person, all officers such as, but not limited to, its president, manager or head of office responsible for their unlawful act shall be criminally liable therefor, in addition to the cancellation of certificates of accreditation and/or registration.
If the offender is a public official, the penalty shall include perpetual disqualification to hold public office.
In addition, The NMIS and the LGUs shall impose the following administrative fines and penalties:
a) For Section 48 a) and b) — confiscation as provided under Section 58 of this Act and a fine of Fifty thousand pesos (P50,000.00) for the first offense, a fine of Seventy-five thousand pesos (P75,000.00) for the second offense, and a fine of One hundred thousand (P100,000.00) plus prohibition from conducting business for two (2) years for the third and succeeding offenses;
b) For Section 48 c) and d) — confiscation as provided under Section 58 of this Act and a fine of Two hundred thousand pesos (P200,000.00) for the first offense, a fine of Three hundred thousand pesos (P300,000.00) for the second offense, and a fine of Five hundred thousand pesos (P500,000.00) plus prohibition from conducting business for two (2) years for the third and succeeding offenses; TDEASC
c) For Sections 49, 50, 51, 52, 54 and hot meat — confiscation as provided under Section 58 of this Act and a fine of Two hundred thousand pesos (P200,000.00) for the first offense, a fine of Three hundred thousand pesos (P300,000.00) for the second offense, and a fine of Five hundred thousand pesos (P500,000.00) plus prohibition from conducting business for three (3) years for the third and succeeding offenses; and
d) For Section 53 — suspension of six (6) months for the first offense, and dismissal from government service for the second violation.
RULE 56.1. Any person, firm or corporation found directly or indirectly violating any provision of this amended Act, in addition to the administrative sanctions prescribed herein, shall be charged under this law and other applicable laws of the Philippines.
RULE 56.2. The corresponding administrative fines shall be imposed and collected on any person, firm or corporation found to have violated any provision of this amended Act after due process.
RULE 56.3. All fines collected under this Act shall be collected by designated NMIS Collecting Officers and shall accrue to the national treasury as part of the income of NMIS.
SECTION 57. Cease and Desist Order. — The Secretary is authorized to issue after proper notice and hearing which shall be summary in nature except in instances when the continued operation causes imminent danger to public health, a "Cease and Desist Order" to any person, firm, or corporation engaged in the business of slaughtering food animals, or preparing, freezing, packaging, storing or labeling any carcasses or parts or products of carcasses for use as human food, found to be in violation of any of the provisions of this Act should the continued operation of the said entity pose risk to public health and endanger the animal population.
RULE 57.1. The Cease and Desist Order (CDO) shall be issued after proper notice to the operator and summary hearing. However, should the violation pose imminent danger to public health, the CDO shall be issued immediately upon the recommendation of NMIS and approval of the Secretary.
RULE 57.2. The NMIS, in cooperation with the national law enforcement agencies and the LGU concerned, shall enforce the CDO.
RULE 57.3. The CDO shall be lifted only after corrective measures have been instituted as audited and approved by the NMIS concerned divisions when applicable.
SECTION 58. Confiscation. — Any carcasses, parts of carcasses or products of carcasses found to have been prepared, handled, packed, stored, transported or offered for sale as human food not in accordance with any provisions of this Act shall be confiscated and disposed of as provided in the Implementing Rules and Regulations at the expense of the person, firm or corporation found to be in violation thereof.
RULE 58.1. Personnel of NMIS and LGUs employed for the purpose of meat inspection shall have the authority to confiscate any carcasses, parts of carcasses, meat and meat products found to have been prepared, handled, packed, stored, transported or offered for sale as human food not in accordance with any provisions of this Act.
RULE 58.2. All confiscations undertaken by an inspector shall be properly documented. A confiscation receipt shall be issued to the owner attesting to the cause of confiscation.
RULE 58.3. The disposal of confiscated and condemned items referred to in the preceding rules of this section shall follow prescribed guidelines issued by the Secretary and in all phases shall be transparent.
RULE 58.4. The owner of the confiscated items shall be accorded the opportunity to witness the condemnation and disposal of unfit meat and meat products.
CHAPTER XV
Transitory Provision
SECTION 59. Implementing Rules and Regulations. — The Secretary shall within ninety (90) days from the effectivity of this Act convene a technical working committee composed of representatives from the National Meat Inspection Service, Bureau of Animal Industry, Bureau of Food and Drugs and one (1) representative each from the League of Cities and the League of Municipalities to formulate in consultation with the private sector the necessary implementing rules and regulations. The implementing rules and regulations shall be submitted to the Committee on Agriculture of both Houses of Congress for prior approval.
RULE 59.1. Unless otherwise provided, the NMIS shall be responsible for the drafting of the department circulars and other regulations, guidelines and/or procedures to implement the various provisions of this amended Act.
RULE 59.2. After the issuance of all the department circulars called for under this revised IRR, NMIS shall compile all laws, rules and regulations pertinent to meat inspection to be issued by the Secretary as the Code of Meat Inspection. acHTIC
RULE 59.3. The Secretary, through a special committee composed of members from the Department of Agriculture and other industry stakeholders shall monitor the codification of the various department circulars and other regulations specified in this revised IRR.
RULE 59.4. The Secretary shall, from time to time and as the situation demands, issue department circulars, guidelines and procedures to attain the objectives of RA 9296, as amended.
RULE 59.5. The Secretary shall submit to the Committee on Agriculture of both Houses of Congress copies of the approved revised IRR.
RULE 59.6. The Secretary, through the Policy Research Service and the Legal Service of the DA, shall review relevant issuances to determine any necessary amendment in conformity with the provisions of the Meat Inspection Code, as amended.
CHAPTER XVI
Miscellaneous and Final Provisions
SECTION 60. Separability Clause. — If any portion or provision of this Code is declared invalid or unconstitutional, the other portions or provisions not affected thereby shall continue to be in full force and effect.
SECTION 61. Repealing Clause. — All existing laws, decrees, executive orders and rules and regulations or parts thereof which are in consistent with this Code, are hereby repealed or modified accordingly.
SECTION 62. Effectivity. — This Code shall take effect thirty (30) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes first.
RULE 62.1. These revised IRR shall take effect fifteen (15) days after publication in a newspaper of general circulation and submission of copy to the National Administrative Register (NAR) at the UP College of Law, Diliman, Quezon City.
(SGD.) PROCESO J. ALCALASecretaryDepartment of Agriculture
ATTACHMENT
National Meat Inspection Service
ERRATA
In theDEPARTMENT CIRCULAR No. 01, Series of 2014 "REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT (R.A.) NO. 9296, OTHERWISE KNOWN AS "THE MEAT INSPECTION CODE OF THE PHILIPPINES", AS AMENDED BY R.A. NO. 10536",published in the Philippine Daily Inquirer on February 4, 2015, the following number sequencing (in bold italics) which were erroneously edited are redacted accordingly:
7.3.16. is amended to .3.16.
7.4.4. is amended to 7.4.5.
7.12.4. is amended to 7.12.3.
7.12.5. is amended to 7.12.4.
7.14.5. is amended to 7.15.5.
7.14.6. is amended to 7.14.5.
7.14.7. is amended to 7.14.6.
7.17.4. is amended to 7.17.3.
7.17.5. is amended to 7.17.4.
7.17.6. is amended to 7.17.5.
(SGD.) DR. MINDA S. MANANTAN
n Note from the Publisher: Copied verbatim from the official copy. The phrase "otherwise as" should read as "otherwise known as."
Published in The Philippine Star on February 4, 2015.
Revised Implementing Rules and Regulations of R.A. No. 9296 (The Meat Inspection Code of the Philippines), DA Department Circular No. 01-14, Dec 17, 2014 (Philippines)
Revised Implementing Rules and Regulations of R.A. No. 9296 (The Meat Inspection Code of the Philippines), DA Department Circular No. 01-14 (Phil. 2014)
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