Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version


[ PCA ADMINISTRATIVE ORDER NO. 003, October 01, 1991 ]


WHEREAS, the coconut industry is of vital importance to the Republic of the Philippines, being a major source of foreign exchange and affecting, as it does, the lives of millions of Filipinos who are dependent directly or indirectly on the industry for their livelihood;

WHEREAS, one of the major components of the coconut industry is the exportation of copra cake, copra meal and copra pellets;

WHEREAS, the European Economic Community, the Philippines' major traditional market for copra cake, copra meal and copra pellets , has set a more stringent level of aflatoxin content of twenty parts per billion (20 ppb) effective November 30, 1991;

WHEREAS, the new level of aflatoxin content set by the European Economic Community is a threat to the viability of our copra cake and copra meal exports, thereby endangering the socio-economic life of a substantial segment of the citizenry;

WHEREAS, it is to the best interest of the coconut farmers in particular, and to the country in general, to improve the quality of our coco exports and maintain our reputation in the world market as are liable source of high quality coco products;

WHEREAS, the Governing Board of Philippine Coconut Authority, pursuant to the power and authority vested in it by P.D. No. 1468 and P.D. No. 1644, as amended, promulgated Board Resolution No. 034-91 on October 1, 1991, thereby prohibiting the exportation of copra meal, copra cake and copra pellets containing an aflatoxin level of more than twenty parts per billion (20 ppb) to commence with the shipment destined to arrive in Europe on or after December 1, 1991, and further ordering that exports to Europe of copra cake, copra meal and copra pellets shall be covered by a certificate from a reputable institution, or from the Philippine Coconut Authority that the Aflatoxin level does not exceed twenty parts per billion (20 ppb);

NOW THEREFORE, in the implementation of aforesaid Board Resolution No. 034-91, and pursuant to the provisions of P.D. No. 1644 giving the Philippine Coconut Authority full power and authority to regulate the marketing and export of copra, coconut oil and their by-products and to initiate and implement such measures as may be necessary to prescribe quality standards and to require inspection and survey of export shipment through an independent international superintendent or surveyor, the Governing Board of Philippine Coconut Authority hereby promulgates the following guidelines:

SECTION 1. Definitions — As used in these guidelines, the words and phrases enumerated in this section shall unless the context in which they are used indicate otherwise, have the following respective meanings-

a. PCA refers to the Philippine Coconut Authority;

b. Copra cake the residual oil cake obtained after milling copra;

c. Copra meal copra cake that has been solvent, extracted to remove the residual oil;

d. Copra pellet copra cake that has been palletized;

e. Aflatoxin a poisonous compound produced by the yellow green mold called Aspergillus flavus;

f. 20 ppb Aflatoxin is 20 parts per billions or 20 micrograms per kilograms aflatoxin B;

g. Copra meal solvent extracted pellets copra meal that has been palletized.

SECTION 2. Certification — Hereafter no exportation of copra cake, copra meal and copra pellets shall be allowed unless an independent international superintendent or surveyor, duly accredited by PCA, or unless the Philippine Coconut Authority itself, whichever services are sought by the exporters, shall have certified that the aflatoxin level of the copra cake, copra meal or copra pellets, to be exported does not exceed twenty parts per billion (20 ppb).

SECTION 3. Procedures in Aflatoxin Analysis Conducted by PCA. — In cases where the exporters of aforementioned coconut products for exports shall seek the services of PCA to determine the level of aflatoxin, the following guidelines shall be observed.

Sampling Procedure for Copra Cake/Meal

1. Pre-loading sample. If it is practical to move the consignment to a temporary holding bodega at least 7 days prior to shipment then apply procedure 1.1, otherwise use procedure 1.2 for sample collection.

Take 100 x 100g incremental samples at the rate of 100g for eveyr 5 MT of copra by-product as it is moved to the temporary bodega. This will give a 10 kg primary sample representing each 500 MT or;
Monitor production by collecting a minimum of 100 x 100 g incremental samples at regular intervals over the time required to produce 500 MT. Each 500 MT batch must be coded and kept in a well defined location within the store, using separators.
The 10 kg primary samples collected by procedures 1.1 or 1.2 must not be composited.
Mix each 10 kg sample thoroughly and then obtain a 2.5 kg sub-sample by cone-and-quartering.
Send the 2.5 kg sample for aflatoxin analysis.
The pre-loading sample will be used to certify that the commodity is allowed for loading.

2. Loading sample. This sample is collected on loading the vessel.

Collect a sample weighing at least 10 kg for each 500 MT loaded, by collecting 500 g incremental samples at intervals of 25 MT.
Mix and divide each 10 kg sample by cone-and-quartering to give a 2.5 kg sub-sample representing each 500 MT loaded.
Composite each 2.5 kg sub-sample to represent the total consignment and then mix and cone-and-quarter to give laboratory samples, weighing a minimum of 2.5 kg. Send one sample for aflatoxin analysis and keep two replicate samples for a period of 2 months for reference purposes.
The Loading Samples will be used to certify the amount of aflatoxin on the loaded commodity.

SECTION 4. Assessment — (1) Unless otherwise prescribed, the aflatoxin analysis fee shall be: aflatoxin analysis, per sample -P800.00.

2. Mode of payment The assessable payment for aflatoxin analysis shall be paid either in cash or by Manager's/Treasurer's Check for the account of "AFLATOXIN CONTROL PROGRAM", Philippine Coconut Authority;

No company check shall be accepted as payment unless the exporters shall have filed with the PCA a bond acceptable to the latter in such amount sufficient to cover the aforementioned assessable payment.

SECTION 5. Enforcement, Inspection, and Investigation — Upon the effectivity of this order, the functions of enforcement, monitoring and investigation shall be handled by the proper organizational unit of the Authority or by any task force that may be duly constituted by the PCA Administrator.

SECTION 6. Penalty — Whenever any person or entity wilfully and deliberately violates any of the provisions of this Administrative Order, the Authority may impose the following administrative sanctions:

a. Non-processing of application for export and/or non-issuance of export clearance and/or permit to load;

b. Cancellation/suspension of Certificate of Registration.

Aforestated administrative penalty, which may imposed by the Authority, shall be without prejudice to whatever civil or criminal liabilities that may be imposed by the proper Courts arising from said violations pursuant to Section 1, Article IV, P.D. No. 1468 or Section V, P.D. No. 1644.

SECTION 7. Repealing Clause — All orders, rules and regulations inconsistent with the foregoing provisions are hereby repealed or modified accordingly.

SECTION 8. Effectivity — These guidelines shall take effect immediately.

Adopted: 1 Oct. 1991


© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.