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WHEREAS, the Philippines is a signatory to the Montreal Protocol on the Substances that Deplete the Ozone Layer;

WHEREAS, the Copenhagen Amendment to the Montreal Protocol, which was ratified by the Philippine Senate, included Methyl Bromide (“MB”), a fumigant, as an Ozone Depleting Substance (“ODS”) and introduced control measures on its usage;

WHEREAS, in keeping with the country’s obligation as a party to the Montreal Protocol, the Department of Agriculture (“DA”), Department of Environment and Natural Resources (“DENR”), FPA, and the Environmental Management Bureau (“EMB”) entered into a Memorandum of Agreement (“MOA”) regarding the implementation of the Philippine National Methyl Bromide Phase-Out Strategy (“NMBPS”);

WHEREAS, pursuant to the MOA, FPA has been the lead implementing agency on NMBPS;

WHEREAS, pursuant to its mandate, BPI has been the agency charged with monitoring and supervising fumigation as a quarantine and pre-shipment treatment, including those that use MB as the active ingredient;

WHEREAS, FPA and BPI have their own set of rules and regulations on the monitoring and supervision of MB consumption for quarantine and pre-shipment (“QPS”) use;

WHEREAS, there is a need to streamline, harmonize and strengthen these various rules and regulations to enhance the monitoring and supervision of MB consumption;

NOW, THEREFORE, I, PROCESO J. ALCALA, Secretary of the Department of Agriculture, and Chairman of the FPA Board of Directors in accordance with the powers vested in me by law, do hereby issue this Administrative Order governing the rules and regulations on the quarantine and pre-shipment use of Methyl Bromide:

SECTION I. Definition of Terms:

1. Bureau of Plant Industry (BPI) – The recognized National Plant Protection Organization of the International Plant Protection Convention of the Food and Agriculture Organization of the United Nations.

2. Certified Pesticide Applicator (CPA) – a person who has attended certification training and has been duly licensed as such for purposes of handling pesticides by FPA.

3. Certificate Authorizing Import of Pesticide (CAIP) – an FPA permit for pesticide importations.

4. Date of Fumigation – This is equivalent to the date of aeration.

5. Fertilizer and Pesticide Authority (FPA) – a government regulatory agency mandated to regulate the importation, distribution, and use of all fertilizers and pesticides including Methyl Bromide by virtue of Presidential Decree No. 1144. The FPA implemented the Philippine National Methyl Bromide Phase-Out Strategy.

6. International Standard for Phytosanitary Measures (ISPM) – the basis for phytosanitary measures applied by members of the World Trade Organization. ISPMs are adopted by contracting parties to the International Plant Protection Convention (IPPC) and by Food and Agriculture Organization members that are not contracting parties, through the Interim Commission on Phytosanitary Measures (ICPM).

7. ISPM 15 – ISPM Publication number 15 provides the guidelines for regulating wood packaging materials in international trade. Approved phytosanitary measures include heat treatment and/or MB fumigation.

8. Methyl Bromide (MB) – a broad spectrum pesticide registered with the FPA for use as space fumigant for the control of weeds, nematodes, fungi, and insect pests. MB is an ozone-depleting substance with an ODS potential 0.6 times of an equal weight of CFC.

9. Pest Control Operator (PCO) – refers to establishments engaged in commercial application of pesticides and other pest control services. The term applies solely to fumigator companies. Each PCO must have under its employ at least one certified pesticide applicator.

10. Plant Quarantine Service (PQS) – a section of the BPI mandated to prevent the introduction of exotic pests and to prevent the further spread of pests already present in the country. It has sole jurisdiction on quarantine and pre-shipment (QPS) MB treatments. It accredits fumigators who are involved in QPS treatments and issue Phytosanitary and/ or Fumigation Certificate to the FPA licensed and BPI accredited fumigators.

11. Quarantine Treatment Provider (QTP) – BPI-PQS Accredited Companies involved in fumigation and heat treatment of products either for quarantine or pre-shipment purposes.

12. Quarantine Station – A region or port where quarantine and pre-shipment services are provided by PCOs and inspected and supervised by BPI.

13. QPS Applications – MB applications exempted from phase-out

a. Quarantine Application – are treatments to prevents to prevent the introduction, establishment and/or spread of quarantine pests (includes diseases) or to ensure their official control, that is performed or authorized by a national plant, animal, or environmental protection or health authority.

b. Pre-Shipment Application – any treatment, other than quarantine application applied within 21 days prior to export to meet the official requirements of the importing country or existing official requirements are those that are performed or authorized by a national plant, animal, environmental, health, or stored product authority.

14. Non-QPS Applications – usage of MB other than for QPS purposes that is being regulated and has been phased out in 2009. Non-QPS applications include fumigation of soil, stored grains/commodity, ships, and flourmills.

1. Wood Packaging Materials (WPM) – includes pallets, dunnage, crates, packing blocks, drum cases, load boards, pallet collars, and skids that are used in international trade.

2. Ozone Depleting Potential (ODP) – the capacity of ozone depleting substances to destroy ozone molecules. The ODP of MB is 0.6 compared to CFC, which is rated as 1.0.

SECTION II. Coverage - All handlers of Methyl Bromide to include importer-distributors, area-distributors, PCO-Fumigators, in-house CPAs, exporters, importers of trade commodities engaging the services of MB applicators, and national plant, animal, environmental protection, and health authorities.

SECTION III. Logbook Requirement

Each MB importer, distributor, and applicator shall secure the appropriate logbook from, and in such form as may be prescribed by, the FPA.

There shall be two (2) types of logbook: (1) Distribution Logbook, and (2) Application Logbook. If an MB importer, distributor, and/or applicator is engaged in both MB distribution and application; it shall be required to keep both types of logbook.

The sales of MB to FPA-authorized purchasers shall be recorded in the Distribution Logbook. MB use shall be recorded in the Application Logbook.

BPI shall likewise maintain an Application Logbook per PCO per station. The BPI quarantine inspector in attendance during the fumigation shall record each on-site inspection/observation of MB application in the corresponding BPI-maintained Application Logbook for the PCO concerned.

SECTION IV. Entries in the Logbooks

FPA shall promulgate guidelines on the proper entries in the logbook, including, but not limited to the following information per entry:

1) Date of sale in case of Distribution Logbook; date of fumigation in case of Application Logbook;

2) Name of buyer in case of Distribution; name of customer in case of Application Logbook;

3) Number of cans sold in case of Distribution; number of cans used per fumigation in case of Application Logbook; and

4) Confirmation of entry.

SECTION V. Confirmation of entries in the logbook

A. Distribution Logbook – Each entry in the Distribution Logbook shall be verified by the name and signature of the authorized representative of the buyer.

B. Application Logbook – Each entry in both the PCO and BPI-maintained Application Logbook shall include the name of the BPI quarantine inspector in attendance during the fumigation and shall be verified by the corresponding entry in the BPI-maintained application logbook.

SECTION VI. Monitoring, Reporting and Compliance

A. Importation – In addition to the requirements as may be required by FPA, application for CAIP for MB importation shall include a photocopy of the relevant pages of the Distribution Logbook and/or Application Logbook, as the case may be.

B. Purchase – In addition to the requirements as may be required by FPA, application for Permit to Purchase MB shall include a photocopy of the relevant pages of the Distribution Logbook and/or Application Logbook, as the case may be.

C. Periodic submission – Periodic submission of a copy of the relevant pages logbooks may be required by the FPA. The copies shall be certified by the authorized representative of the MB importer, distributor and/or applicator concerned. Noncompliance of the said importer, distributor, and or applicator shall be subjected to sanction by the FPA.

D. On-site inspection – FPA shall be allowed on-site access to logbooks maintained by the BPI-PQS, and by the MB importers, distributors and/or applicators. BPI-PQS shall also provide a certified true copy of the relevant pages of its logbook as may be requested by FPA.

SECTION VII. Fess and Charges. – FPA shall prescribe a reasonable amount of fee for the verification and stamping of the logbooks.

SECTION VIII. Penalties – FPA shall be prescribed the corresponding penalties within the limits provided under its charter for violations of this Order.

SECTION IX. Non-exclusivity – All existing rules and regulations, policies, procedures and standards not inconsistent with this Order shall continue to be in full force and effect.

SECTION X. Repealing Clause – All existing administrative orders, rules and regulations or parts thereof, which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

SECTION XI. Separability Clause – If any portion of this Order is declared unconstitutional or invalid, the other portions thereof, which are not affected thereby, shall continue to be in full force and effect.

SECTION XII. Effectivity – This Administrative Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation and its filing with the National Administrative Register, U.P. Law Center.

Approved:

(SGD.) PROCESO J. ALCALA
  Secretary, and
  FPA Board Chairman