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(NAR) VOL. 18 NO. 1/JANUARY - MARCH 2007

[ BAI ADMINISTRATIVE ORDER NO. 19, December 08, 2006 ]


Pursuant to the provisions of Republic Act (RA) 8485, otherwise known as the “Animal Welfare Act of 1998”, the following rules and regulations are hereby promulgated for the information, guidance and compliance of all concerned.

SECTION 1. Basic Policy, Objective and Scope - This Order takes into consideration the five basic freedoms of animals, which are: 1) Freedom from thirst, hunger, and malnutrition; (2) Freedom from physical discomfort and pain; (3) Freedom from injury and disease; (4) Freedom to conform to essential behavior pattern; and (5) Freedom from fear and distress.

The objective of this Order is to promote, ensure, and protect the welfare of all animals during land transport. This Order is the joint responsibility of all people involved in animal transport.

SECTION 2. Definition of Terms -

2.1    Animal Caretaker - refers to a person who takes care of dogs and cats who may be the animal owner or one employed by the animal owner. This usually refers to those caring and transporting pet animals.

2.2    Animal Handler or Livestock handler - refers to a person licensed by the Bureau of Animal Industry-Marketing Development Division as livestock handlers.

2.3    Animal Handler on Wildlife - refers to those who are trained to handle wildlife.

2.4    Animal Hauler - refers to a person or juridical person hauling live animals from source to destination.

2.5    Cages, Container Vans and crates refer to enclosed structures with appropriate ventilation and shelter used for keeping animals while being transported.

2.6    Carrier - refers to the person, partnership, corporation, association or government agency or instrumentality hauling or handling live animals for the purpose of transporting same from one place to another. Carriers are also known as haulers.

2.7    Disinsecting or Disinfecting refers to the procedure in which measures are taken to kill vectors of diseases and pathogenic agents present in the land transport vehicle.

2.8    Driver refers to every and any licensed operator of a motor vehicle.

2.9    Expressways refer to limited access facilities as defined under RA 2000

2.10  Loading and Unloading Equipment refers to a ramp, chute, box or other apparatus used in loading or unloading animals.

2.11  Loading Bay refers to permanent loading areas.

2.12  Motor Vehicle refers to any vehicle propelled by any power other than muscular power, self-propelled or pulled by tractor head.

2.13  Receiver refers to any authorized person at the end of the destination in charge of receiving the animals. Receiver is also known as the consignee.

2.14  Restraining Devices refer to gadgets, muzzles, collars, halters, ropes and other similar devices used to physically control, manage or contain the movement of animals.

2.15  Traders or “Viajeros” or Livestock Dealers refer to persons who are in the business of buying, selling and transporting live animals for commercial purposes.

2.16  Trailer refers to any number of wheels when propelled or intended to be propelled by attachment to a motor vehicle.

2.17  Ventilation refers to openings that provide aeration or exposure to air such as holes, slots, louvers, mesh and the like.

SECTION 3. Delineation of Responsibilities

3.1    Owners, managers and subcontractors of animals being transported are responsible for the general health of the animals, their fitness for the journey, and their welfare ensuring compliance with any required veterinary or other Certifications during the journey. They are also responsible in ensuring the presence of at least one animal caretaker or animal handler competent for the species being transported and for ensuring that equipment is provided as appropriate for the species and journey.

3.2    Animal caretakers/animal handlers are responsible for the humane handling and care of the animals during loading, unloading and transport. The animal caretaker or animal handler may also be the driver of the vehicle transporting the animals.

3.3    The carrier is responsible in choosing the appropriate vehicle and ensuring that properly trained staff are available for loading, unloading and caring of the animals; developing and keeping up-to-date contingency plans to address emergencies and minimize stress during transport; and producing a Journey Plan which includes a loading plan, journey duration and location of resting places.

3.4    Drivers are responsible for the safety and roadworthiness of vehicles used in transporting animals and compliance to traffic rules and regulations during the travel.

3.5    Owners and operators of animal facilities are responsible for:

3.5.1 Providing suitable premises and appropriate facilities for loading, unloading and securely holding the animals;

3.5.2 Providing appropriate facilities, with water and feed; and

3.5.3 Providing facilities for disinfecting and disinsecting vehicles after unloading.

3.6    The responsibilities of concerned authorities include inspection of animals be- fore, during and after their travel, and issuance of appropriate Certifications and record keeping as stated below:

3.6.1 Livestock Handlers License (LHL);

3.6.2 Veterinary Health Certificate (VHC);

3.6.3 Rabies Vaccination and Health Certificate especially for dogs, cats and mon- keys;

3.6.4 Shipping Permit;

3.6.5 In the case of wildlife, a Department of Environment and Natural Resources (DENR) Wildlife Transport Permit;

3.6.6 Identification of the animals and their abode;

3.6.7 Ownership of animals pursuant to PD 533 otherwise known as the “Anti-Cattle Rustling Law”; and

3.6.8 Negative Coggins test for horses.

SECTION 4. Considerations During Transport/Travel

4.1 Loading/Unloading Requirements

4.1.1 Requirements for Livestock and Exotic Animals Every ramp and gangway used by a carrier in loading or unloading animals shall have sidings of sufficient height and strength to prevent animals from falling.

4.1.2 Prohibited Acts During Loading, Unloading and Transport A No animals shall be moved by suspension using mechanical means (sling or cable), nor lifted or dragged by the head, horns, legs, nose, ears, eyes, tail or fleece. There shall be halters for cattle, carabaos and horses, leashes for dogs, and proper cages for cats, cages for poultry and ducks, and ropes for goats and sheep. The use of electric prods shall be prohibited. Dogs shall be placed in proper cages when transported on open beds of trucks or pick-ups. No animal shall be made to jump from the transport vehicle.  Loading and unloading equipment shall be maintained and used so as not to cause injury or undue suffering to the animals. Only dogs shall be allowed to jump at a height appropriate to their size.

4.2 Animal Control in Expressways/Highways

4.2.1 To ensure the safety of the motorists from accidents caused by stray animals and to prevent loss of lives and damage to property, expressway operators shall provide Public Safety Guidelines on Stray Animal Control approved by the DA-Committee on Animal Welfare. This includes installation of an Animal Control Facility, training of personnel in control/handling of animals, implementation of the procedures on stray animal detection, impounding, adoption and disposition of unredeemed and sick animals.

4.2.2 The expressway Operators shall in the Implementation of the Public Safety Guidelines on Stray Animals, give paramount consideration to public safety and prevention of damage to life and property. Upon detection of stray animals inside the right of way (ROW) or carriageway the responsible units shall report to the Central Control the following information; the type of animal, classification, kilometer or station where the animal was last seen and its direction. The Central Control will record the report and dispatch a team to assess if the animal poses imminent danger to the life or limb of the motorists.

4.2.3 All animals in custody or in transit shall not be subjected to torture, neglect or inadequate care or maltreatment.

4.2.4 The collecting teams must be equipped with suitable and appropriate equipment for restraining the animal. These animals shall be turned over to the Animal Control Facility with proper care. The Animal Control Officer (ACO) shall follow and apply at all times the existing standards, rules and regulations on animal protection, care and welfare as per Animal Welfare Act of 1998 (R.A. 8485).

4.2.5 If necessary the extermination of the animal shall be carried out through shooting using the appropriate firearm by authorized personnel. When the animal poses imminent danger to the life or limb of a human being, killing of the animals shall be done through shooting by a shooter deputized by the Bureau of Animal Industry - Animal Welfare Division.

4.2.6 The use of high-powered rifles is recommended such as M-14 or caliber 308 for large animals such as but not limited to cattle, carabaos and horses. A caliber 30 shall be used for small animals such as but not limited to goats, pigs and dogs.

4.3 Methods of Restraint and Containment of Animals

Methods of restraining animals shall be appropriate to the species involved.

4.4 Protecting the Animal from Extreme Hot or Cold Conditions

4.4.1 Animals shall be protected against harm from hot or cold conditions during travel. In warm and hot weather, the duration of journey stops shall be minimized and vehicles shall be parked under shade, with maximum ventilation.

4.4.2 Urine and feces shall be removed from the floors of the vehicle and disposed of properly.

4.5 Convention on International Trade for Endangered Species (CITES) Documents

Only documents for wildlife transport, import or export permit issued by the officially designated authority of the DENR are acceptable.

4.6 Unloading and Post Journey Handling

4.6.1 Animals shall be unloaded into appropriate facilities immediately upon arrival.

4.6.2 Sufficient time for unloading the animals shall be provided.

4.6.3 Unloading of the animals shall proceed quietly and without unnecessary noise, harassment of  force.

4.6.4 Vehicles, cages, container vans and crates used to transport the animals shall be thoroughly cleaned through the physical removal of manure and bedding. This shall be followed by disinfection and disinsection before reuse.

4.6.5 Small animals including goats, sheep, and pigs shall be unloaded using ramp at an incline of not more than 30 degrees with floor grids, or they can be carried one by one from the transport vehicles to the ground.

4.6.6 No animal shall be unloaded by throwing them from the transport vehicle to the ground.

4.6.7 No animal shall likewise be thrown about within the transport vehicle during the process of unloading.

SECTION 5. Other Provisions -

5.1     Planning the Journey/Travel of the Animals

5.1.1 The point of loading/unloading shall be indicated and the municipalities to be traversed shall be specified.

5.1.2 All animals shall be provided with an appropriate journey diet and sufficient water supply.

5.1.3 The maximum continuous travel time for animals shall be 12 hours.

5.1.4 There shall be three (3) copies of the Journey Plan to be accomplished by the carrier before and after the journey.

5.1.5 A Journey Plan shall be accomplished, in triplicate, by the carrier and hauler before and after a journey. The first (1st) copy is kept by the carrier, the second (2nd) copy by the driver and the third (3rd) copy by the receiver. The Journey Plan shall be submitted to a person of authority. A copy of the Journey Plan and is found as Annex 1. A copy of the Standard Space Allowance for Transport by Land is found as Annex 2.

5.2     Vehicle and Container Design and Maintenance

5.2.1 Vehicles and containers shall be equipped with working telecommunication equipment. A mobile phone is preferred; the phone should have at least 30 minute load and sufficient battery charge.

5.2.2 Vehicles and containers used for the transport of animals shall be designed, constructed and fitted as appropriate to the species, size and weight of the animals to be transported.

5.2.3 Special attention shall be paid to the avoidance of injury to the animals through the use of secured smooth fittings free from sharp protrusions. The avoidance of injury to drivers, animal caretakers and/or animal handlers while carrying out their responsibilities shall be emphasized.

5.2.4 Vehicles and containers shall be equipped with basic first aid kit and a working heavy duty flashlight.

5.2.4 Vehicles and containers shall be: Designed with the structures necessary to provide protection from adverse weather conditions and to minimize the opportunity for animals to escape; Designed to permit thorough cleaning; disinfection and disinsection, and the containment of feces and urine during journey to minimize the likelihood of the spread of pathogenic agents during transport. Designed so that feces or urine from animals on upper levels shall not soil the animals on the lower levels, nor their feed and water. Maintained in good mechanical and structural condition to meet variations in climate. Provided with facilities for adequately securing the vehicle on board ferries. Provided with suitable bedding added to vehicle floors to assist in the absorption of urine and feces, to minimize slipping of the animals, and to protect the animals (especially young) from hard flooring surfaces and adverse weather conditions. Required to have a reflectorized “Live Animals” label with at least 2.5” width x 26” length for cars or larger at least 5” width x 52”  length for vans and trucks. All vans and trucks shall have labels on top and both sides of the vehicle. Labels shall have white background with black letters and red border. This requirement shall also apply to transport of animals by air and by sea. The sticker label shall be positioned at each side of the vehicle equidistant from the top to the bottom of the vehicle. This shall be so positioned that it is clearly visible by a patrol officer. In the case of a car/ van carrying a dog or cat, it should be placed   in the rear windshield. Required to carry documents containing contact information such as name, address and phone number of the carrier and hauler of the animals.

5.3     Special Provisions for Transport in Vehicles on Roll-On/Roll-Off Vessels or Containers

5.3.1 Vehicles and containers shall be equipped with sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the vessel.

5.3.2 Roll-on/Roll-off vessels shall have adequate ventilation to meet variations in climate and the thermo-regulatory needs of the animal species being transported, especially when the animals are transported in a secondary vehicle/container in enclosed decks.

SECTION 6. Others - The DA-AO 08, Series of 2004, Revised Guidelines on the Registration and Licensing of Livestock, Poultry and By-Products Handlers and Livestock Transport Carriers, DA-AO No. 10, Series of 2005, “Rules and Regulations Governing the Apprehension and Prosecution of Persons Transporting and/or Trading Dogs and Cats” and RA No. 2000 otherwise known as “Limited Access Act” shall apply.

SECTION 7. Issuances of other Government Agencies -  The Bureau of Animal Industry  (BAI) shall coordinate with the Philippine National Police (PNP), Philippine Army (PA), the Department of Interior and Local Government (DILG), Department of Environment and Natural Resources (DENR), the Department of Transportation and Communication (DOTC), the Local Government Unit (LGU) concerned and other government agencies having direct supervision, regulation and control over the transport of animals in the Philippines to ensure that rules and regulations to be issued by such government agencies are in accord with the intent and spirit of RA 8485.

SECTION 8. Penal Provisions - Violation of any of the provisions of  these Rules and Regulations shall be penalized in accordance with RA 8485

SECTION 9. Separability Clause - In case any provision of these Rules and Regulations is declared contrary to law or unconstitutional, other provisions, which are not affected thereby, shall continue to be in force and effect.

SECTION 10. Repealing Clause - All Administrative Orders, rules and regulations and other administrative issuances or parts thereof issued by the Department of Agriculture inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

SECTION 11. Effectivity - These Rules and Regulations shall take effect fifteen (15) days after its publication in a newspaper of general circulation. Adopted: 08 Dec. 2006

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