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(NAR) VOL. 15 NOS. 1-2 / APRIL - JUNE 2004

[ PCA BPI QUARANTINE ADMINISTRATIVE ORDER NO. 13, S. 2004, May 20, 2004 ]

RULES AND REGULATIONS FURTHER MODIFYING BPI ADMINISTRATIVE ORDER NO. 15, SERIES OF 1988 ENTITLED "DECLARING THE CADANG-CADANG, A MANAGEABLE DISEASE AND PROVIDING FOR A CONTAINMENT AND QUARANTINE CONTROL PROGRAM IN AFFECTED AREAS"



WHEREAS, since the promulgation of BPI AO No. 6, series of 1949 as modified by BPI AO No. 15, series of 1988, significant scientific research breakthroughs have shown that Cadang-cadang can be managed and contained;

WHEREAS, BPI Administrative Order No. 6, series of 1949 (Revised) was promulgated and issued by the Director of Bureau of Plant Industry (BPI) pursuant to the provisions of Act 3027, entitled "An Act to Protect the Agricultural Industries of the Philippine islands from injurious plant pests and diseases existing in foreign countries and further to regulate the domestic movement of plant materials in order to minimize the injury from pests and diseases already introduced."  Enacted by the Philippine Legislature on March 8, 1922;

WHEREAS, on June 10, 1978, the President of the Republic of the Philippines, issued Presidential Decree No. 1433, otherwise known as the "Plant Quarantine Decree of 1978", repealing Act 3027 together with the rules and regulations promulgated thereunder;

WHEREAS, after a thorough study and evaluation, it was ascertained that a number of Administrative Orders issued pursuant to Act 3027 which are relevant in the implementation of the provisions of P.D. 1433 need to be complemented by recent advances in science and technology and international standards and procedures.

NOW, THEREFORE, pursuant to the authority vested in BPI Director by virtue of P.D. 1433, otherwise known as the Plant Quarantine Decree of 1978, the above-mentioned BPI Administrative Order No. 15, Series of 1988 is hereby modified and adopted accordingly as follows:

SECTION 1. Affected Provinces, Cities and Municipalities - Unless otherwise declared in a subsequent Order as certified to the BPI Director by the Philippine Coconut Authority (PCA), the following provinces, cities and municipalities are hereby identified as Cadang-cadang affected areas:   
 
Province
Municipality
   
Quezon Real, Infanta, Gen. Nakar, Polilio, Burdeos, Panukulan, Patnanungan, Jomalig, San Narciso, San Francisco, Catanauan, Malunay, Calauag, Atimonan, Guinayangan, Alabat, Perez, Quezon
   

Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate and Sorsogon

 All cities and municipalities
   
Eastern Samar 

Balangiga, Borongan, Dolores, Gen. Mc. Arthur, Giporlos, Guiuan, Hernani, Maydolong, Mercedes, Salcedo, San Julian, San Policarpo, Suiat

   
Northern Samar All municipalities
   
Samar 

Calbayog City, Sta. Margarita

   
Biliran Kawayan, Maripipi

SECTION 2. Notice of Confirmation - The BPI Director shall confirm through a written notice to the Provincial Governors of the existence of Cadang-cadang disease in their respective localities.

A general written notice shall be issued by the Provincial Governors to their respective Municipal and City Mayors who shall, in turn, circularize the same for the information of the public.

SECTION 3. Posting of Notice - Copies of the general notification shall be posted by the Mayors in at least six conspicuous places in the municipality and a certified copy of the same shall be sent to the BPI Director.

SECTION 4. Listing and/or De-listing of Areas - The BPI Director shall have the authority to determine, list, and/or de-list, from time to time, provinces, cities or municipalities as listed in Section 1 of this Order, as certified by the PCA Administrator or his duly authorized representative.

SECTION 5. Duties of the Owner - Once a city, municipality or portion thereof has been declared affected with the Cadang-cadang disease, the owner, tenant or person who has under his charge the affected areas shall have the following duties:

a) He shall dispose of the diseased palms that serve as source of infection in the manner prescribed by the PCA, in accordance with RA 8048 and its Implementing Rules and Regulations, under the technical supervision of the BPI Director.

b) He shall cooperate with the Plant Quarantine Officers and other officials of the PCA, Department of Agriculture and Local Government Units (LGUs) in preventing the spread of the disease and comply with all the instructions, orders or requirements relative to the containment of this disease.

SECTION 6. Access to Affected Coconut Plantations - The DA Secretary, the BPI Director, the PCA Administrator or their duly authorized representatives, the LGU heads or their duly authorized representatives and other Officials authorized to implement the provisions of this Order, or any issuance in relation thereto, shall at all times have access to any plantation, farm, land, lot, backyard, or any premise where the Cadang-cadang is known to exist.

SECTION 7. Prohibition and Exemption - No part of the coconut palm and other natural hosts of Cadang-cadang such as buri, African oil palm and anahaw (particularly embryos, pollen, seednuts and seedlings intended for planting or propagation purposes) shall be allowed to be transported from Cadang-cadang affected to non-affected areas except: copra, copra cakes, copra meal; coconut oil; dried coconut husk, fiber, fiber dust or peat; dried coconut sawdust; dried leaves and midribs; dried spathe and spadix or other parts of inflorescences; fully dried and seasoned lumber (at least 7 days drying); dried coconut shells and shell charcoal; dried stipules or guinit; pickled, sweetened, cooked or dehydrated ubod (cabbage) and/or fresh ubod (cabbage) when transported in 5% brine solution; coconut water; and any other processed, semi-processed, manufactured and semi-manufactured parts of the coconut palm rendered incapable of serving as sources of Cadang-cadang infection.

Dehusked nuts for processing into food products may be transported provided they are harvested from indexed palms analyzed and certified disease-free by the PCA Diagnostic Laboratory.

SECTION 8. Transport for Scientific Study - All other parts of the coconut not otherwise included in the exemption enumerated in the preceding Section may be allowed for transport upon approval by the BPI Director, or his duly authorized representative, for scientific study purposes as recommended by the PCA Administrator or his duly authorized representative;

Provided, however, that in the conduct of such study no material subject to quarantine shall be transported to any place or premise or transferred to other persons for a different purpose without the consent of BPI Quarantine personnel or deputized PCA personnel;

Provided, further, that after the completion of the scientific study all materials and remnants including waste shall be autoclaved or burned under the supervision of a Plant Quarantine Officer or duly deputized PCA personnel.

SECTION 9. Deputation and Capability Building - To effectively sustain the implementation of this Order and to provide technical assistance to quarantine officers, selected PCA and LGU personnel shall be deputized by the BPI Director to perform such functions as may be agreed upon between the BPI and PCA, in cooperation with other government agencies, through an appropriate Memorandum of Agreement;

For this purpose, the deputized personnel shall be trained periodically on quarantine procedures.

SECTION 10. Funding Source - To ensure sustained support for the containment program. BPI and PCA shall allocate the necessary funds from their respective budget as may be determined by them;

Any fees collected by PCA in the course of implementing this Order shall be used exclusively for purposes of the Cadang-cadang containment program.

SECTION 11. Penalty - Any person, company or corporation who violates the provisions of this Administrative Order, or forges, counterfeits, alters, defaces and destroys any document issued by virtue of this Administrative Order shall be fined not more than P100,000.00 or penalized by imprisonment from prison correccional to prison mayor or both at the discretion of the Court;

Person, company or corporation violating any provision of this Order, shall suffer the administrative penalty of cancellation of registration.

SECTION 12. Enforcement - To effectively contain cadang-cadang disease by regulating the movement of prohibited coconut parts and natural hosts in both domestic and international channels or trade, the following measures are hereby adopted:

a. Quarantine check-points shall be established in areas to be identified and manned by PCA and BPI personnel.

Unless otherwise determined jointly by the heads of BPI and PCA or their duly authorized representatives, the following checkpoints are hereby established and located at Real, Mauban and Pagbilao (Quezon); Sangay (Camarines Sur); Masbate City, San Pascual and Cataingan (Masbate); Biliran and Naval (Biliran); and Sta. Rita and Calbayog City (Samar).

For purpose of this Order, the location of such checkpoints is hereby identified in the location map hereto referred to as Annex A*.

b. The appropriate export procedures will be jointly established and administered by PCA and BPI, in accordance with the following requirements:

  1. Verified Application for Export
  2. Inspection and Certificate of Origin
  3. Commodity Clearance
  4. Sanitary and Phytosanitary Certification
  5. Consular Authentication, as may be required by importer.

For purposes of this Order, the above requirements shall be incorporated in a simplified procedure for fresh young coconuts contained in Annex B*.

SECTION 13. Assistance/Coordination of Other Government Offices - Whenever a city, municipality or province has been officially declared affected with the Cadang-cadang disease in accordance with the provisions of this Order in relation to Section 1, 2 and 3, Rule VI of BPI Administrative Order No. 1, series of 1981 and pursuant to Sections 8 and 16 of PD 1433, the heads or their duly authorized representatives of LGUs and national agencies shall assist and cooperate with the BPI Director in the strict enforcement of all Administrative Orders or instructions relative to this disease.

SECTION 14. Repealing Clause - Any provision of BPI Administrative Order No. 15, series of 1988 and all other Orders inconsistent herewith, are hereby modified, amended or repealed accordingly.

SECTION 15. Effectivity - This Order takes effect 15 days after date of publication in a newspaper of major circulation.

Adopted: 20 May 2004

 
(SGD.) LUISITO P. LORENZO, JR.
Secretary
Recommending Approval:
(SGD.) HERNANI G. GOLEZ
(SGD.) DANILO M. CORONACION
Director, BPI
Administrator, PCA
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