Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

WHEREAS, in 2002 the Interim Commission on Phytosanitary Measure (ICPM) of the International Plant Protection Convention (IPPC) approved ISPM no.15 “Guidelines for Regulating Wood Packaging Material in International Trade,” to address the risk of introduction and spread of quarantine pests that may be associated with the movement of wood packaging material;

WHEREAS, the Bureau of Plant Industry issued BPI Quarantine Administrative Order no. 1 series of 2004 with the same title to implement the said standard in the Philippines;

WHEREAS, in April 2009 at the CPM meeting in Rome, due to several demands to improve handling and clarify ambiguity of the text and actual implementation of the said ISPM, the revision of ISPM 15 was approved.

NOW THEREFORE, pursuant to the authority vested in me as the Director of Bureau of Plant Industry by PD 1433 otherwise known as the Plant Quarantine Decree of 1978, this Administrative Order is promulgated to reflect the amendments of ISPM 15 as follows:

SECTION  1.  Definitions

Commodity - A type of plant, plant product, or other article being moved for trade of other purpose (FAO, 1990; revised ICPM, 2001)

Dunnage - wood packaging material used to secure or support a commodity but which does not remain associated with the commodity (FAO, 1990; revised ISPM No. 15, 2002)

Fumigation - treatment with a chemical agent that reaches the commodity wholly or primarily in a gaseous state (FAO, 1990; revised FAO, 1995)

Mark/Marking - an official stamp or brand, internationally recognized, applied to a regulated article to attest its phytosanitary status (ISPM No. 15, 2002)

Phytosanitary measure - Any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of quarantine pests, or to limit the economic impact of regulated non-quarantine pests (FAO, 1995; revised IPPC, 1997; ICPM, 2002)

Quarantine pest -  a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled [FAO, 1990; revised FAO, 1995; IPPC 1997]

Raw wood - wood, which has not undergone processing, or treatment [ISPM No. 15, 2002)

Thin wood - considered to be 6mm thickness or less according to the Customs Harmonized Commodity Description and Coding System (the Harmonized System or HS)

Treatment - officially authorized procedure for the killing or removal of pests or rendering pests infertile (FAO, 1990; revised FAO, 1995; ISPM No. 15, 2002; ISPM No. 18, 2003; ICPM, 2005)

Veneer peeler cores - by product of veneer production involving high temperatures and comprising the center of a log remaining after the peeling process

Wood packaging material (WPM) - wood or wood products (excluding paper products) used in supporting, protecting or carrying a commodity (includes dunnage) [ISPM No. 15, 2002)

SECTION 2. Scope

This regulation describes phytosanitary measures that reduce the risk of introduction and spread of quarantine pests associated with the entry and exit in the Philippines of wood packaging material made from raw wood. Regulated wood packaging material include crates, boxes, packing cases, dunnage, pallets, cable drums and spools/ reels, which can be present in almost any imported consignment, including consignments that would not normally be subject to phytosanitary inspection.

The following are of sufficiently low risk and are exempted from the provisions of this regulation:

- WPM made entirely from thin wood (6 mm or less in thickness)
- WPM made of wholly processed wood material, such as plywood, particle board, oriented strand board or veneer that has been created using glue, heat or pressure, or a combination thereof
- barrels of wine and spirit that have been heated during manufacture
- gift boxes of wine, cigars and other commodities made from wood that has been processed and/or manufactured in a way that renders it free of pests
- sawdust, wood shavings and wood wool
- wood components permanently attached to freight vehicles and containers

This regulation describes phytosanitary measures (including treatments) that are approved for wood packaging material and provides for the approval of new or revised treatments. Also, these phytosanitary measures are not intended to provide ongoing protection from contaminating pests or other organisms.

SECTION  3.  Measures for Implementation

3.1  Accreditation of Quarantine Treatment Providers

Treatment providers should be accredited first with the BPI before they can conduct treatments for WPM and agricultural commodities intended for international trade.

3.1.1 For Fumigation Companies

a. Licensed by the Fertilizer and Pesticide Authority (FPA)

b. Should have at least the following equipment and safety devices/apparatus:

- Air Circulator/fans
- Vaporizer/Heat exchanger with appropriate heat source
- Distribution hose/applicator
- Gas Monitoring tubes/ devices
- Detector pump / gas concentration reading equipment
- Leak detector unit
- SCBA, Full face mask with appropriate Methyl Bromide Gas Filters
- Safety belts, shoes and harnesses (ladder, etc.)
- Sand snakes
- Tarpaulin/P.E. sheet (at least 150 microns in thickness)
- First aid kit
- Others as may be necessary

c. Pass the actual (fumigation) test to be supervised by a PQ Officer or an officer authorized by BPI.

3.1.2. For Heat Treatment Companies

a. Should have at least the following equipment/apparatus:

- Sufficient number of temperature probes (minimum of 5 sensor probes/chamber)
- Heat treatment chamber
- Temperature Data Logger and monitor
- Others as may be necessary

b. BPI to conduct heat treatment certification test (sensor test, chamber test, cold spot test etc.) and actual treatment test to be supervised by a PQ Officer or an officer authorized by BPI.

Steps for Accreditation for Fumigation Companies/ Heat Treatment Facilities

I. Fumigation companies/heat treatment facilities should apply for accreditation to the BPI.

II. Present the original and photocopy of the following documents: FPA license (for fumigators), DTI/SEC Registration, Mayors Permit, TIN number/income tax return,  Financial Statement, 2x2 photo of owner and representative, company profile, list of   personnel and list of equipment/ facility layout, for evaluation

III. BPI-PQS shall inspect and evaluate the facilities and equipment of the fumigation company/heat treatment facility.

IV. Conduct actual treatment test.

V. Recommendation by the PQS Chief prior to the final approval of the BPI Director.

VI. Certificate of Accreditation shall be issued with the assigned code.

Validity and Audits     

a Accreditation is valid for two (2) years unless sooner revoked.

b. Audits of accredited treatment providers will be done regularly to ensure their compliance to the regulation.

3.2  Approved Treatments

Two (2) approved treatments can be applied for wood packaging material: methyl Bromide fumigation and heat treatment. Either of the two treatments can be applied for WPM.

3.2.1 Methyl Bromide Fumigation

The wood packaging material must be fumigated with methyl bromide in accordance with a schedule that achieves the minimum concentration-time product (CT) over 24 hours at the temperature and final residual concentration specified in Table 1. This CT must be achieved throughout the wood, including at its core, although the concentrations should be measured in the ambient atmosphere. The minimum temperature of the wood and its surrounding atmosphere should be not less than 10°C and the minimum exposure time must not be less than 24 hours. Monitoring of gas concentrations should be carried out at a minimum at 2, 4 and 24 hours (in the case of longer exposure times and weaker concentrations, additional measurement should be recorded at the end of fumigation).

Table 1: Minimum CT over 24 hours for wood packaging material fumigated with methyl bromide

Temperature	CT (g.h/m3) over 24 h	Minimum final concentration (g/m3) after 24 h
21 oC or above	650	24
16 oC or above	800	28
10 oC or above	900	32

Table 2: Treatment schedule that achieves the minimum required CT for wood packaging material treated with methyl bromide (initial doses may need to be higher in conditions of high sorption or leakage)

Temperature	CT (g/m3)	Minimum final concentration (g/m3) at
		2 h	4 h	24 h
21 oC or above	48	36	31	24
16 oC or above	56	42	36	28
10 oC or above	64	48	42	32

BPI should ensure that the following factors are appropriately addressed by those involved in the application of methyl bromide treatment:

a) Fans should be used during the gas distribution phase of fumigation to ensure that equilibrium is reached and should be positioned to ensure that the fumigant is rapidly and effectively distributed throughout the fumigation enclosure (preferably within one hour of application).

b) Fumigation enclosures should not be loaded beyond 80% of their volume.

c) Fumigation enclosures should be well sealed and as gas tight as possible. If fumigation is to be carried out under sheets, these should be made of gas-proof material and sealed appropriately at seams and at floor level. Sheets must be at least 150 microns in thickness.

d) The fumigation site floor is either impermeable to the fumigant or gas-proof sheets must be laid on the floor.

e) Methyl bromide should be applied through a vaporizer (‘hot gassing’) in order to fully volatilize the fumigant prior to its entry into the fumigation enclosure.

f) Methyl bromide treatment is not carried out on wood packaging material exceeding 20 cm in cross section. Wood stacks need separators at least every 20 cm to ensure adequate methyl bromide circulation and penetration.

g) When calculating methyl bromide dosage, compensation is made for any gas mixtures (e.g. 2% chloropicrin) to ensure that the total amount of methyl bromide applied meets required dosage rates.

h) Initial dose rates and post-treatment product handling procedures take account of likely methyl bromide sorption by the treated wood packaging material or associated product (e.g. polystyrene boxes).

i) Wood packaging material to be fumigated is not wrapped or coated in materials impervious to the fumigant.

j) Records of methyl bromide treatments are retained by treatment providers, for a period of two (2) years, for auditing purposes.

3.2.2  Heat treatment

Wood packaging material must be heated in accordance with a specific time– temperature schedule that achieves a minimum temperature of 56 °C for a minimum duration of 30 continuous minutes throughout the entire profile of the wood (including at its core). Various energy sources or processes may be suitable to achieve these parameters. For example, kiln-drying, heat-enabled chemical pressure impregnation, microwave or other treatments may all be considered heat treatments provided that they meet the heat treatment parameters specified in this regulation.

3.3  Adoption of alternative treatments and revisions of approved treatment schedules

If a new treatment or a revised treatment schedule is adopted by the IPPC-CPM for wood packaging material and incorporated into this regulation, material treated under the previous treatment and/or schedule does not need to be re-treated or re-marked.

3.4  Use of debarked wood

Irrespective of the type of treatment applied, wood packaging material must be made of debarked wood. For this regulation, any number of visually separate and clearly distinct small pieces of bark may remain if they are:

-  less than 3 cm in width (regardless of the length) or

-  greater than 3 cm in width, with the total surface area of an individual piece of bark less  than 50 square cm.

For methyl bromide treatment the removal of bark must be carried out before treatment because the presence of bark on the wood affects the efficacy of the methyl bromide treatment. For heat treatment, the removal of bark can be carried out before or after treatment.

3.5 The mark and its application

A mark indicating that wood packaging material has been subjected to approved phytosanitary treatment in accordance with this regulation comprises the following required components:

- the symbol

- a country code (PH)

- a producer/treatment provider code (3-character code)

- a treatment code using the appropriate abbreviation (HT or MB).

Philippines Approved Marking Should Be:

-   GREEN in color
-   Spray painted, rubber stamped, or any other practical method
-   According to the model above
-   Legible
-   Permanent and non-transferable
-   Placed in a visible location, in two opposing side
-   MB (methyl bromide) or HT (heat treatment) mark should appear on the marking to indicate the kind of treatment applied
-   Batch number and treatment date must be placed outside the border of the mark

3.6 Treatment and marking requirements for wood packaging material that is reused, repaired or remanufactured

3.6.1 Reuse of wood packaging material

A unit of wood packaging material that has been treated and marked in accordance with this regulation and that has not been repaired, remanufactured or otherwise altered does not require re-treatment or re-application of the mark throughout the service life of the unit.

3.6.2 Repaired wood packaging material

Repaired wood packaging material is wood packaging material that has had up to approximately one third of its components removed and replaced. Treatment provider or manufacturer must ensure that when marked wood packaging material is repaired, only wood treated in accordance with this regulation is used for the repair, or wood constructed or fabricated from processed wood material. Where treated wood is used for the repair, each added component must be individually marked in accordance with this regulation.

In circumstances where there is any doubt that all components of a unit of repaired wood packaging material have been treated in accordance with this regulation, or the origin of the unit of wood packaging material or its components is difficult to ascertain, the NPPOs of countries where wood packaging material is repaired should require the repaired wood packaging material to be re-treated, destroyed, or otherwise prevented from moving in international trade as wood packaging material compliant with this regulation. In the case of re-treatment, any previous applications of the mark must be permanently obliterated (e.g. by covering with paint or grinding). After re-treatment, the mark must be applied anew in accordance with this regulation.

3.6.3 Remanufactured wood packaging material

If a unit of wood packaging material has had more than approximately one third of its components replaced, the unit is considered to be remanufactured. In this process, various components (with additional reworking if necessary) may be combined and then reassembled into further wood packaging material. Remanufactured wood packaging material may therefore incorporate both new and previously used components.

Remanufactured wood packaging material must have any previous applications of the mark permanently obliterated (e.g. by covering with paint or grinding). Remanufactured wood packaging material must be re-treated and the mark must then be applied anew in accordance with this regulation.

3.7 Supervision of Treatments

• Treatment should be done only by accredited treatment companies or service providers
• Treatment of WPM is mandatory for export to all countries implementing ISPM 15.
• Treatment should be done in the presence or under the supervision of a Plant Quarantine Officer/inspector.
• QTPs are subject to audits every six (6) months.

3.8  Sanctions for non-compliance

Non-compliance of the treatment covers the following:

• Misuse/ improper marking
• Non-acceptance of the importing country due to treatment failure
• Non-submission of reports
• Failure to inform the PQO prior to treatment
• Audit failure

First offense - Reprimand in writing

Second offense – Revocation of accreditation

3.9  Procedure for Export and Import

EXPORT

a) All shippers or exporters using WPM should apply and accomplish an application form for WPM prior to exportation at least 48 hours before treatment (to give time for PQO scheduling).
b) For destinations that does not yet implement ISPM 15, inspection should be deemed sufficient until the destinations decide to implement ISPM 15.
c) Treated WPM’s should be properly secured by the exporters/treatment providers/manufacturer after treatment to avoid infestation with contaminating pests.
d) All WPM’s should bear the APPROVED MARK as provided in Section 3.5.
e) Treatment of WPM’s should be done only by accredited treatment companies or service providers of BPI.
f) Treatment of WPM’s should be done in the presence of a PQO.
g) Approved marking should be placed and dated after a successful completion of the treatment

IMPORT (Arriving at Philippine Ports)

a) All importers should apply for inspection/clearance at least 24 hours prior to arrival of cargo for all commodities accompanied with WPM
b) Upon arrival, WPM shall be subjected to inspection and clearance by PQ Officer.
c) All trans-shipment shall be inspected/cleared at the final port of destination
d) All WPM should have the required/approved minimum marking as prescribed under ISPM 15. The marking should be placed on at least two opposite sides of the WPM. The exporting country may adopt its own system/manner of marking provided they are within the parameters of ISPM 15 and the Philippines is notified of such system prior to the first shipment.

The following Phytosanitary Measures should be followed in the event of the following situations:

Without approved marking

- Commodity must be put on hold.
- Should the main commodity with the WPM will not be affected by treatment, conduct treatment at once, if not, stripping off the commodity will be required, recommended treatment will be conducted immediately.
- Should the treatment be done to a specified site or processing, the non-compliant wood packaging material must be moved in a closed container directly to the site at which disposal or processing is going to take place.
- Any non-compliant wood packaging materials must be at all times stored in a closed container that is effective in ensuring that pests cannot enter the environment. Storage areas of non-compliant wood packaging materials must be isolated from other domestic wood commodities, materials that have already undergone processing.
- If the non-compliant wood packaging material is buried, it should be buried at a minimum depth of 3 meters below the surface of the ground. The wood must be buried at a site where-re-excavation of the material will not occur. Woods must not be left exposed within the burial pit.
- If treatment or burying is not readily available, WPM should be destroyed immediately.
- Non-compliance report shall be prepared by the PQO to be submitted immediately to the NPPO of the country of origin, through BPI.

With approved marking but with live quarantine pest found

• Commodity together with the WPM should be subjected to treatment at once under the direct supervision of Plant Quarantine Officer at the importer’s expense.
• or the whole consignment returned to sender/country of origin at the importer’s expense.
• Non-compliance report shall be prepared by the PQO to be submitted immediately to the NPPO of the country of origin, through BPI.

SECTION 4. Implementation Date

This Order will be implemented six (6) months after the date of publication.

Adopted:  08 April 2010

(SGD.) LARRY R. LACSON, PhD
Director

Approved by:

(SGD.) ATTY. BERNIE G. FONDEVILLA
Secretary of Agriculture