The Implementing Rules and Regulations Pursuant to Republic Act 8485

May 18, 1998

IMPLEMENTING RULES AND REGULATIONS PURSUANT TO REPUBLIC ACT NO. 8485, "THE ANIMAL WELFARE ACT OF 1998"

WHEREAS, Section 3 of Republic Act 8485 otherwise known as "The Animal Welfare Act of 1998" hereinafter referred to as RA 8485 and signed into law on February 11, 1998, mandates: "The Director may call upon any government agency for assistance consistent with its powers, duties and responsibilities for the purpose of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder";

WHEREAS, Section 5 of RA 8485 further mandates: "There is hereby created a Committee on Animal Welfare, hereinafter referred to as The Committee, attached to the Department of Agriculture which shall be subject to the approval of the Secretary of the Department of Agriculture, issue the necessary rules and regulations for the strict implementation of the provisions of this Act, including the setting of safety and sanitary standards within thirty (30) calendar days following its approval";

WHEREAS, Section 10 of RA 8485 set the effectivity of RA 8485 at 15 days after its publication in at least two (2) newspapers of general circulation"; and

WHEREAS, the Secretary of Agriculture, hereinafter referred to as the Secretary, created a Multisectoral, Inter-Office and Inter-Departmental Committee on Animal Welfare whose first task was to draft the IRR pursuant to RA 8485. The Committee met often and worked intensively, submitting several drafts up to a final version of the IRR and its pertinent sections. The various versions were discussed in conferences and hearings with representatives of all concerned parties and stakeholders, both private and public.

NOW, THEREFORE, these IRR are hereby issued to guide the Department of Agriculture, hereinafter referred to as the Department, the Bureau of Animal Industry, hereinafter referred to as the Bureau, and all other concerned departments, offices, agencies and stakeholders, in the implementation of RA 8485.

A. Implementing Rules and Regulations

RULE 1. These rules and regulations shall be referred to as the "The Implementing Rules and Regulations Pursuant to Republic Act 8485."

RULE 2. To facilitate the implementation of Section 1, 2, 3, 4, 6, 7 and 8 of RA 8485, several task forces are hereby created to formulate the various rules and regulations for the registration, inspection and monitoring of pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards corral, stud farms or stock farm, or zoo for the breeding, animal experimentation, treatment, sale or trading, training and transport of animals.

The task forces shall be composed of representatives from the concerned agencies and organizations. The Committee shall review the output of the task forces for recommendation to the Secretary. Upon the approval by the Secretary of various rules and regulations, the Task Forces shall cease to exist. Please refer to Annex "A" for the composition of the Task Forces.

RULE 3. The Secretary shall organize a division in the BAI which shall be called Animal Welfare Division hereinafter referred to as the Division, to implement Section 1, 2, 3, 4, 6, 7 and 8 of RA 8485. The Division shall have the following powers and functions:

a) Enforce the rules and regulations formulated by the Committee and approved by the Secretary to implement RA 8485;

b) Establish an Inspection and Monitoring System to ensure effective implementation of RA 8485;

c) Establish and maintain a database surveillance and management information system on animal welfare in the country;

d) Undertake researches and surveys to support registration, inspection and monitoring system;

e) Levy and collect fees for its registration, inspection and monitoring system;

f) Deputize personnel from the regional field units, local government units and certain veterinary professionals to assist in the implementation of this Act;

g) Act as Secretariat to the Committee; and

h) Prepare the Terms of Reference, Workplan and Budget for approval and financing by the Secretary.

B. EFFECTIVITY

RULE 4. These IRR shall take effect seven (7) calendar days after publication in a newspaper of general circulation.

C. FINAL PROVISIONS

RULE 5. All existing rules and regulations, orders, circulars and memoranda or parts thereof issued by the Department inconsistent with the provisions of these IRR are hereby repealed or modified accordingly. IDcTEA

RULE 6. In case any provision or portion of these IRR is declared unconstitutional by a competent court, other provisions or portions thereof which are not affected thereby shall continue to be in full force and effect.

Adopted: 18 May 1998

(SGD.) SALVADOR H. ESCUDERO IIISecretary

Published in the National Administrative Register, Vol. 11 No. 2 (April-June 2000).