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

[ BAI ADMINISTRATIVE ORDER NO. 08, S. 2004, March 01, 2004 ]

AMENDING THE ADMINISTRATIVE ORDER NO. 3, SERIES OF 1997, REGARDING REVISED GUIDELINES ON THE REGISTRATION AND LICENSING OF LIVESTOCK, POULTRY AND BY-PRODUCTS HANDLER'S AND LIVESTOCK TRANSPORT CARRIERS



WHEREAS, pursuant to Presidential Decree No. 07 of 1972 "Prescribing the orderly marketing of livestock and animal products and regulations on animal feeds."  It is necessary to formulate policies and procedures governing the flow of livestock and poultry and by products through various stages of marketing and proper preservation and inspection of such products";

WHEREAS, pursuant to Executive Order No. 251 of 1995, "that there is danger of spreading Foot and Mouth Disease (FMD) by transporting animals from affected provinces to non-affected provinces or vice versa through any of the following: (1) FMD susceptible animals, their unprocessed semen and embryo/ova; 2) fresh, frozen or chilled meat sourced locally; uncooked meat products and their by-products; locally sourced unprocessed and semi-processed milk; and semi-processed meat products and by products; 3) FMD vaccines; 4) dung of chicken, pig and other ruminants; and 5) animal effect or hay, straw, forage or similar materials used as feeds and bedding materials of FMD susceptible animals".

WHEREAS. pursuant to Administrative Order No. 27 of 2003, "implementation of the eradication phase of the national program to control and eradicate foot and mouth disease in the Philippines" and Administrative Order No. 28 of 2003, "guidelines on the movements and slaughter of swine and other FMD susceptible food animals";

WHEREAS, pursuant to Republic Act No. 8485 otherwise known as "The Animal Welfare Act of 1998" to protect and promote the welfare of all animals in the Philippines;

WHEREAS, pursuant to Administrative Order No. 02 of 2003, "rules and regulations on the transport of animals by sea."

NOW, THEREFORE, I, LUIS P. LORENZO, JR. Secretary, Department of Agriculture do hereby issue this order:

SECTION 1. Objectives and Scope - To properly register and license all livestock, poultry and its by-products handler and accreditation of livestock transport vehicles and vessels in the Philippines with the end view of maintaining disease free areas and achieving safe, clean and orderly handling of commodities through various stages of marketing or distribution channels.

SECTION 2. Classification - All livestock, poultry and it's by products handlers and accreditation of all carriers are classified according to the following categories:
 

1. LIVESTOCK/POULTRY AND ITS BY-PRODUCTS HANDLER'S LICENSE

  
1. Livestock DealersLD
2. Poultry DealersPD
3. Milk DealersLD
4. Egg DealersED
5. Hide DealersHD
6. Skin DealersSD
7. Manure and Dung DealersMDD
8. Game Fowl DealersGFD
  
2. LAND TRANSPORT CARRIERSLTC
3. WATER TRANSPORT CARRIERSWTC
4. AIR TRANSPORT CARRIERSATC

SECTION 3. Coverage - The provisions of this Administrative Order shall be applicable to any person or business entity who are engaged in the business of inter-provincial or regional handling and distribution of livestock, poultry, and its by-products or to any carrier, whether common or private, who are engaged in handling or transporting livestock, poultry, and its by-products.

SECTION 4. Definition of Terms

4.1 LICENSING - permission granted by authority to engage in a business or occupation of transporting animals.

4.2 REGISTRATION - refer to process of approval of livestock, poultry and it's by-products handler license and accreditation of transport carrier which is secured from the Bureau of Animal Industry.

4.3 LIVESTOCK DEALERS (LD) - one engaged in the business of buying and selling of livestock.

4.4 POULTRY DEALERS (LD) - one engaged in the business of buying and selling of poultry.

4.5 MILK DEALERS (MD) - one engaged in the distribution of wholesome milk from dairy farms to various milk processing plants and/or from the processing plants to retail outlets.

4.6 EGG DEALERS (ED) - one engaged in the distribution and transporting of wholesome eggs from poultry farms to various retail outlets such as markets, hotels, restaurants, etc.

4.7 HIDES DEALERS (HD) - one engaged in buying, selling and handling of hides from animals slaughtered.

4.8 SKIN DEALERS - one engaged in buying, selling and handling of skin from animals slaughtered.

4.9 MANURE AND DUNG DEALERS (MDD) - one engaged in buying, selling and handling of manure and dung.

4.10 GAME FOWLS DEALERS (GFD) - engaged in buying, selling and handling of game fowls for cockfighting of at least (5) heads of game fowls.

4.11 LAND TRANSPORT CARRIERS (LTC) - any motorized vehicle engaged in the business of handling and transporting livestock, poultry, egg, milk, hides, skin, game fowls, manure and dung.

4.12 WATER TRANSPORT CARRIERS (WTC) - any motorized vessels/ships/boats engaged in the business of handling and transporting livestock, poultry, egg, milk, hides, skin, game fowls, manure and dung.

4.13 AIR TRANSPORT CARRIERS (ATC) - any air transport carriers engaged in the business of handling and transporting livestock, poultry, egg, milk, skin and game fowls.

4.14 DEALER - any person engaged in buying and selling livestock, poultry, egg, milk, hides, skin, manure and dung.

SECTION 5. Requirements on Application -

A.  All applicants must submit the following requirements:

1.  LIVESTOCK, POULTRY AND ITS BY-PRODUCTS HANDLER'S LICENSE

1.1 Single proprietor - Special Power of Attorney
1.2 Partnership - a) Certificate from the Partners who are persons with authority to bind the partnership
                             b) Article of Partnership
1.3  Corporation - a) Certificate from the Board of Directors who are persons with authority to bind the corporation
                             b) Article of Incorporation
1.4 Notarized application form
1.5 2 pcs. 1" x 1" recent ID Pictures (1 for the application form and 1 for the ID)
1.6 Tax Identification Number (TIN) of the applicants
1.7 Business Permit
1.8 Self-addressed envelope

2.  ACCREDITATION OF LAND TRANSPORT CARRIERS

2.1 Single proprietor - Special Power of Attorney
2.2 Partnership - a) Certificate from the Partners who are persons with authority to bind the partnership
          b) Article of Partnership
2.3 Corporation - a) Certificate from the Board of Directors who are persons with authority to bind the corporation
                             b) Article of Incorporation
2.4 Notarized application form
2.5 Company Tax Identification Number (TIN)
2.6 2 pcs. 1" x 1" recent ID Pictures of the Operator/Manager ( 1 for the application form and 1 for the ID)
2.7 Business Permit
2.8. Photocopy of vehicle registration
2.9 Picture of the land transport carrier - side view and front view per vehicle
2.10 Self-addressed envelope

3.  ACCREDITATION OF WATER TRANSPORT CARRIERS

3.1 Single proprietor - Special Power of Attorney
3.2 Partnership - a) Certificate from the Partners who are persons with authority to bind the partnership
                             b) Article of Partnership
3.3 Corporation - a) Certificate from the Board of Directors who are persons with authority to bind the corporation
                             b) Article of Incorporation
3.4 Notarized application form
3.5 Company Tax Identification Number (TIN)
3.6 2 pcs. 1" x 1" recent ID Pictures of the Operator/Manager ( 1 for the application form and 1 for the ID)
3.7 Business Permit
3.8. Photocopy of vehicle registration
3.9 Picture of the water transport carrier - whole body (side view) per vessels/ships motorized boats.
3.10 Self-addressed envelope

4.  ACCREDITATION OF AIR TRANSPORT CARRIERS

4.1 Single proprietor - Special Power of Attorney
4.2 Partnership - a) Certificate from the Partners who are persons with authority to bind the partnership
                             b) Article of Partnership
4.3 Corporation - a) Certificate from the Board of Directors who are persons with authority to bind the corporation
                             b) Article of Incorporation
4.4 Notarized application form
4.5 Company Tax Identification Number (TIN)
4.6 2 pcs. 1" x 1" recent ID Pictures of the Operator/Manager ( 1 for the application form and 1 for the ID)
4.7 Business Permit
4.8. Photocopy of vehicle registration air transport carrier registration wholebody.
4.9 Picture of the air transport carrier - side view of the transport carrier
4.10 Self-addressed envelope

B. SEMINAR

All applicants must undergo a seminar/lecture every last Thursday of the month to be conducted by Marketing Development Division of the Bureau of Animal Industry.  The lecture/seminar will cover the following concern: proper handling of animal; equipment and transport vehicle, control of diseases during shipment, quarantine rules and regulations and other responsibilities of a handler and accredited carrier in coordination with National Meat Inspection Commission (NMIC) regarding meat handling. Seminar/lecture shall be conducted by the Livestock Section of the Department of Agriculture - Regional Field Units and Office of the Provincial Veterinarian.

Failure to undergo the seminar/lecture shall be a ground to disqualify an applicant to be a licensed/accredited livestock, poultry, and its by-products carrier.

SECTION 6. Registration, Licensing and Accreditation

The Bureau of Animal Industry under the Department of Agriculture will be involved in the licensing of livestock handler and accreditation of livestock, poultry and its by product transport carriers.  Any person who would like to apply for a license and be accredited as carrier shall fill up the application form prescribed by the Bureau of Animal Industry.

Applicants who are situated in Metro Manila Area can apply in Marketing Development Division, Bureau of Animal Industry.  If the applicants are located in the province, he/she can apply at the DA-RFU and the Office of the Provincial Veterinarian.  The DA-RFU/PROVET will evaluate and issue certificate of complete requirements together with the accomplished forms and deposit slip/money order and endorse to the Bureau of Animal Industry for evaluation and processing.

The DIRECTOR of the Bureau of Animal Industry is the only person responsible in the approval of the handlers license and accreditation of carriers of livestock, poultry and its by products.

THE LICENSE AND CERTIFICATE OF ACCREDITATION ARE NON-TRANSFERABLE AND SHALL ALWAYS BE IN THE POSSESSION OF THE PERSON/CARRIER PERFORMING BUSINESS.

SECTION 7. Cooperating Agencies

The following agencies are responsible for the implementation of this Administrative Order:

7.1  Bureau of Animal Industry
7.2  Department of Agriculture-Regional Field Units
7.3  Department of Interior and Local Government
7.4  Provincial Government Units
7.5  Provincial Veterinarian/Provincial Agriculturist
7.6  Local Government Units
7.7  City/Municipal Veterinarians and Municipal Agricultural Officers
7.8  National Quarantine Veterinary Services (Quarantine Officers)
7.9  Philippine National Police (including Aviation and Maritime Command)
7.10  National Meat Inspection Commission
7.11  Philippine Ports Authority
7.12  Philippine Coast Guard

SECTION 8. Duration and Renewal - The livestock, poultry and by-products handlers license and accredited livestock transport carrier are valid for one (1) year. Renewal should be at least one (1) month prior to expiration date.  Livestock, poultry, and its by-products handler who applied for renewal of their license shall be subjected to undergo seminar/lecture in order to update them on the current rules and regulations being implemented by the government.

SECTION 9. Fees and Charges - The applicant shall pay registration fee based on the following schedule:

1. License and Accreditation:
 

CLASSIFICATION

AMOUNT
   
1. Livestock Dealer
P300.00
 
2. Poultry Dealer
300.00
 
3. Egg Dealer
300.00
 
4. Milk Dealer
300.00
 
5. Hides Dealer
300.00
 
6. Skin Dealer
300.00
 
7. Manure and Dung Dealer
300.00
 
8. Game Fowl Dealer
300.00
 
9. Land Transport Carriers (One (1) sticker per vehicle/ trailer/container)
300.00
 
a. Two and Three wheels carriers (tricycles/trailers)
300.00
 
 
 
1 - Air Transport Carriers
500.00
 
0 (certification of accreditation per air transport carrier)
 
1 - Water Transport Carriers
500.00
 
1 (accreditation per vessel/ship/motor boat)
 
a. Motorized boats (motor boats/pump boats)
500.00
 

Note: Every classification should pay three hundred pesos (P300.00) for the license, while accreditation for transport carrier at five hundred pesos (P500.00) except Tricycles/trailers (2 and 3 wheel only) at three hundred pesos (P300.00).

Fees collected for the registration, licensing and accreditation handled by the Department of Agriculture-Regional Field Units must be remitted to the account of Bureau of Animal Industry and corresponding deposit slip must be attached to the endorsement letter to be forwarded to Bureau of Animal Industry, Visayas Avenue, Diliman, Quezon City at the end of each month.

SECTION 10. Monitoring and Reporting - For the purpose of monitoring, the Marketing Development Division of the Bureau of Animal Industry shall prepare a list of licensed handlers of livestock, poultry, and its by-products and accredited livestock transport carrier at the end of each month.  BAI will provide copy to the DA-RFU, Office of the Provincial Veterinarians and Local Government Units for the purposes of verification and apprehension of violators.

BAI, DA-RFU's and the PROVET are the lead agencies that shall conduct inspection and set-up of checkpoints in coordination with other agencies.  All personnel at the checkpoint must properly wear their ID's.  BAI personnel has the right to revoke/cancel, administer fine and penalty to all violators of the handler's license or the accreditation of the transport carrier.

In the Regional/provincial level without the presence of BAI Personnel shall recommend to BAI for the revocation of cancellation, administer fine and penalty of the license or the accreditation. BAI will investigate the said violation before the cancellation or revocation of the license or the accreditation.

SECTION 11. Penalty - Any person or entity transporting livestock, poultry or any of its by-products without conducting the necessary precautions to ensure product safety and quality standards shall be sanctioned in accordance with Article 19 and/or 164 of Republic Act 7394.  The license and accreditation or the person or entity violating these rules or any of the provisions of RA 7294 or 8485 maybe revoked by the Bureau of Animal Industry after the conduct of an appropriate hearing.

Administrative charges or dereliction of duty and insubordination shall be filed against government inspectors/employee as provided by the Civil Service Code who fail to implement the provisions of this Order.

SECTION 12. Repealing Clause - All rules and regulations or portions thereof inconsistent herewith are hereby repealed or amended accordingly.

SECTION 13. Effectivity - This order shall take effect thirty (30) days after the publication in a newspaper of general circulation and filing three (3) copies thereof with the U.P. Law Center.

Adopted: 01 March 2004


(SGD.) LUIS P. LORENZO, JR.
Secretary
Department of Agriculture


Recommended by:

(SGD.) JOSE Q. MOLINA, DVM, MVS
Director
Bureau of Animal Industry



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