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(NAR) VOL. 7 NO. 4 / October-December 1996
[ BAI ADMINISTRATIVE ORDER NO. 15, November 06, 1996 ]
REVISED RULES AND REGULATION ON THE CONTROL AND ERADICATION OF FOOT AND MOUTH DISEASE (FMD)
WHEREAS, latest field reports gathered by the Bureau of Animal Industry (BAI) have shown an abatement on the spread of Foot and Mouth Disease;
WHEREAS, there is a need to strengthen and adjust existing guidelines for the effective control and eradication of Foot and Mouth Disease;
WHEREAS, to accomplish the above purpose it is necessary to review Administrative Order No. 7, series of 1995;
WHEREAS, there is a danger of spreading Foot and Mouth Disease by shipping, driving or otherwise, transporting or taking out of the provinces within regional areas affected with Foot and Mouth Disease into non-affected region or areas of the country any FMD vaccines, FMD susceptible animals namely pigs, cattle, carabaos, goats and sheep; as well as fresh, frozen, or chilled cuts of pork, beef, carabeef, chevon and mutton sourced locally; uncooked/processed meat of same animals; unprocessed milk sourced locally; unprocessed hides and horns and by-products of the same animals; chicken, pig and ruminant dung; any hay, straw, forage or similar material;
WHEREAS, owners of livestock farms/establishments are not reporting the occurence/existence of Foot and Mouth Disease (FMD) and other notifiable diseases in their farms/establishments;
WHEREAS, vaccination is mandatory for all susceptible animals as per Batas Pambansa Bilang 97;
WHEREAS, owners of livestock farms/establishments are hesitant to the visits of the Director of the Bureau of Animal Industry and the National Meat Inspection Commission or their duly authorized representatives;
NOW, THEREFORE, I, SALVADOR H. ESCUDERO III, Secretary of Agriculture, pursuant to Section 1764 of the Revised Administrative Code and the provisions of Act No. 2172 and Administrative Order No. 9 Series of 1993, implementing Republic Act No. 7394, otherwise known as Consumer Act of the Philippines do hereby order;
SECTION 1. Declaration of Existence of Dangerous Communicable Animal Disease known as Foot and Mouth Disease. — Foot and Mouth Disease, a dangerous communicable animal disease is prevalent among the provinces in Region I (except Batanes), II, III, IV (except Palawan), the National Capital Region (NCR), Cordillera Administrative Region (CAR) and the province of Camarines Sur, Catanduanes and Albay of Region V.
SECTION 2. Prohibition on Movement of Animals in Affected Areas. — No person, firm, or corporation or any railroad company or employee thereof or the owner or master of any aircraft, vessel or boat or any common carrier as well as private transportation shall accept/receive for transportation or transport from any affected province, municipality or barangay any domestic animals, products and by-products without the written authority of the Director of the Bureau of Animal Industry (BAI) or his duly authorized representative.
A Certificate of Inspection from the National Meat Inspection Commission (NMIC) is required in case of meat and meat products above described in addition to the accreditation of the Director from the Bureau of Animal Industry or his duly authorized representative.
SECTION 3. Shipment Restriction in Mindanao. — Mindanao provinces in Northern Mindanao – Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Oriental, Misamis Occidental and Surigao del Norte; and Western Mindanao-Zamboanga del Norte, Zamboanga del Sur, Basilan, Tawi-Tawi and Sulu are decalred as FMD-Free Zones. Only direct inter-provincial shipment of locally sourced animals, products & by-products within the ASEAN declared FMD_Free Zones is allowed. Direct (no unloading) shipment of animals of indigenous origin coming from BAI-DA accredited farms in Regions XI (Provinces) and XII (Provinces) to NMIC accredited slaughterhouses and BAI/DA accredited farms in provinces within Region IX, Region X (Provinces) to the Visayas and Luzon (Provinces) are allowed provided such animals are sourced from farms without any history of FMD infection for the past two (2) years in conformity with DA Administrative Order No. 8 declaring on the national basis the whole of Mindanao as FMD-free zones. Provided further that issuance of authority to transport by the Director of the Bureau of Animal Industry or his duly authorized representative are made on such particular shipments.
No shipment of FMD susceptible animals locally sourced, uncooked/unprocessed meat and meat by - products and animal effects; and chicken, pig and ruminant dung is allowed from Luzon to Visayas and Mindanao.
SECTION 4. Shipment Restriction in the Visayas Islands, Region V, Palawan and Batanes. — Shipment within Visayas and Region V except Camarines Sur, Albay and Catanduanes is allowed but not from Region V to Visayas.
Likewise, only direct shipment from the above cited declared FMD-Free zone to Palawan and Batanes and between Batanes and Palawan is allowed.
No shipment of FMD susceptible animals is allowed from Visayas to Mindanao.
SECTION 5. Regular Shipment in Certain Areas. — The usual procedure shall apply to shipment from Mindanao, Visayas, Palawan, Batanes and Region V to FMD affected areas is Luzon.
Shipment from declared FMD-Zones as enumerated in the preceding section including Batanes and Palawan to other non-ASEAN declared FMD-Free Zones is allowed.
SECTION 6. Special Shipment. — Special Shipment may be allowed subject to guidelines promulgated by the Bureau of Animal Industry from places historically recorded as FMD-Free for at least five (5) years.
SECTION 7. Special Certificate of Clearance. — In case of livestock farms/establishment handling daily shipment of FMD susceptible animals and items above described, needing shipment within affected areas so specified above; a single certificate of clearance to ship effective for one week may be given by the Director of the Bureau of Animal Industry or his duly authorized representative, provided the farms/establishments employ a licensed veterinarian who will be professionally responsible for certifying to the fitness of the animals/item at the time of shipment and provided further that such farms/establishments never had any incidence of FMD for the past two (2) years.
The shipment of animals and items must be accompanied by a certificate of FMD-free status issued by the resident licensed veterinarian.
In case of meat and meat products the establishment must be NMIC accredited. In case of shipment of meat and meat -by- products, it must be accompanied by a NMIC certificate of inspection.
The certificate of FMD-free status and the NMIC certificate must be presented to the Director of the Bureau of Animal Industry or his duly authorized representative whenever required.
SECTION 8. Reporting of Occurences/Existence of FMD. — at shall be mandatory on the part of the owners/operators/managers/farm veterinarians/farm. Consultants of livestock farms/establishment to report immediately the occurence/existence of FMD.
SECTION 9. Compulsory Vaccination. — Compulsory vaccination of animals as per Batas Pambansa Bilang 97 must be observed up to the time when the Secretary of the Department of Agriculture proclaims that vaccination is no longer necessary.
SECTION 10. Visitation/Inspection of Livestock Farms and Establishments. — Visitation/Inspection of the different Livestock Farms/Establishments will be done by the Director of the Bureau of Animal Industry or his duly authorized representative anytime of the day whenever it is deemed necessary especially during an outbreak of FMD or other infectious livestock diseases.
SECTION 11. Disposition of Illegal Shipment. — Unauthorized shipment of animals, meat and meat products, FMD vaccines and other items shall be disposed of in accordance with the following guidelines:
a. Animals — FMD susceptible animals without signs of FMD shall be seized or returned to their place of origin or source. Animals found to be diseased with FMD shall be immediately condemned and disposed of by burning and/or burying in a deep pit.
No unloading of animals is allowed in case of aircraft or vessels going into FMD-free zone during the stop-over in FMD affected areas. Transshipment of imported animals is allowed.
b. Meat and Meat Products — Illegal shipment of meat and meat products shall be seized, condemned and disposed by burning and/or burying in a deep pit.
c. FMD vaccines — illegal shipment of FMD vaccines shall be seized and turned over to the BAI for proper disposition.
d. Other items — Other items not enumerated above shall be seized or returned to their place of origin or source.
Any cost incurred in the disposition of illegal shipment shall be paid/shouldered by the shippers, traders, persons or corporations liable for such violation.
All seizure of animal, meat, meat products and other items must be properly documented, witnessed and covered by appropriate custody/acknowledgment prior to the release or condemnation of the same.
SECTION 12. Notice and Coordination. — The Bureau of Animal Industry shall serve written notice of this order to the proper officers of railroad, aircraft, vessels or boat common carriers and other transportation companies and to the various head of local government units particularly in the declaration and lifting of quarantine.
Close coordination with the head of local government through Provincial/City and/or Municipal Veterinarian, other government agencies and other Deputized Veterinary Officers should be undertaken in the implementation of this order.
SECTION 13. Presumption of Guilt. — Any person having in his possession control or custody of FMD susceptible animals product and by-products shall upon demand by competent authorities, exhibit the documents prescribed in the preceding sections. Failure to exhibit the required document shall be a prima facie evidence that the FMD susceptible animal products in his possession control or custody are the fruits of his guilt against this administrative order.
It will be a prima facie evidence of guilt on the part of the shipper when the FMD susceptible animals in his possession are found to be affected with FMD as diagnosed by the Director of the Bureau of Animal Industry or his duly authorized representative.
SECTION 14. Penalty. — Violation of any provision of the Administrative Order by any persons, corporations, livestock traders, owner or master of vessels, boat, aircraft or any common carrier or by any officer of a firm, or corporation shall be liable to prosecution and upon conviction shall suffer the penalty of a fine not less than five hundred pesos or not more than double the amount of the value of the animal/s in his possession, control or custody or by imprisonment of not more than two (2) years or both. Carrier of the illegal shipment must be impounded for a period of one (1) month.
SECTION 15. Repealing Clause. — Any provisions or portion of any rules and regulation inconsistent herewith are hereby repealed or amended accordingly.
SECTION 16. Effectivity Clause. — This administrative order shall take effect immediately after its complete publication in at least one (1) newspaper of general circulation.
Adopted: 6 Nov. 1996
(SGD.) SALVADOR H. ESCUDERO III
Secretary
Recommending Approval:
(SGD.) GIOVANNI A. PASAMBA
OIC, Director
Bureau of Animal Industry
WHEREAS, there is a need to strengthen and adjust existing guidelines for the effective control and eradication of Foot and Mouth Disease;
WHEREAS, to accomplish the above purpose it is necessary to review Administrative Order No. 7, series of 1995;
WHEREAS, there is a danger of spreading Foot and Mouth Disease by shipping, driving or otherwise, transporting or taking out of the provinces within regional areas affected with Foot and Mouth Disease into non-affected region or areas of the country any FMD vaccines, FMD susceptible animals namely pigs, cattle, carabaos, goats and sheep; as well as fresh, frozen, or chilled cuts of pork, beef, carabeef, chevon and mutton sourced locally; uncooked/processed meat of same animals; unprocessed milk sourced locally; unprocessed hides and horns and by-products of the same animals; chicken, pig and ruminant dung; any hay, straw, forage or similar material;
WHEREAS, owners of livestock farms/establishments are not reporting the occurence/existence of Foot and Mouth Disease (FMD) and other notifiable diseases in their farms/establishments;
WHEREAS, vaccination is mandatory for all susceptible animals as per Batas Pambansa Bilang 97;
WHEREAS, owners of livestock farms/establishments are hesitant to the visits of the Director of the Bureau of Animal Industry and the National Meat Inspection Commission or their duly authorized representatives;
NOW, THEREFORE, I, SALVADOR H. ESCUDERO III, Secretary of Agriculture, pursuant to Section 1764 of the Revised Administrative Code and the provisions of Act No. 2172 and Administrative Order No. 9 Series of 1993, implementing Republic Act No. 7394, otherwise known as Consumer Act of the Philippines do hereby order;
SECTION 1. Declaration of Existence of Dangerous Communicable Animal Disease known as Foot and Mouth Disease. — Foot and Mouth Disease, a dangerous communicable animal disease is prevalent among the provinces in Region I (except Batanes), II, III, IV (except Palawan), the National Capital Region (NCR), Cordillera Administrative Region (CAR) and the province of Camarines Sur, Catanduanes and Albay of Region V.
SECTION 2. Prohibition on Movement of Animals in Affected Areas. — No person, firm, or corporation or any railroad company or employee thereof or the owner or master of any aircraft, vessel or boat or any common carrier as well as private transportation shall accept/receive for transportation or transport from any affected province, municipality or barangay any domestic animals, products and by-products without the written authority of the Director of the Bureau of Animal Industry (BAI) or his duly authorized representative.
A Certificate of Inspection from the National Meat Inspection Commission (NMIC) is required in case of meat and meat products above described in addition to the accreditation of the Director from the Bureau of Animal Industry or his duly authorized representative.
SECTION 3. Shipment Restriction in Mindanao. — Mindanao provinces in Northern Mindanao – Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Oriental, Misamis Occidental and Surigao del Norte; and Western Mindanao-Zamboanga del Norte, Zamboanga del Sur, Basilan, Tawi-Tawi and Sulu are decalred as FMD-Free Zones. Only direct inter-provincial shipment of locally sourced animals, products & by-products within the ASEAN declared FMD_Free Zones is allowed. Direct (no unloading) shipment of animals of indigenous origin coming from BAI-DA accredited farms in Regions XI (Provinces) and XII (Provinces) to NMIC accredited slaughterhouses and BAI/DA accredited farms in provinces within Region IX, Region X (Provinces) to the Visayas and Luzon (Provinces) are allowed provided such animals are sourced from farms without any history of FMD infection for the past two (2) years in conformity with DA Administrative Order No. 8 declaring on the national basis the whole of Mindanao as FMD-free zones. Provided further that issuance of authority to transport by the Director of the Bureau of Animal Industry or his duly authorized representative are made on such particular shipments.
No shipment of FMD susceptible animals locally sourced, uncooked/unprocessed meat and meat by - products and animal effects; and chicken, pig and ruminant dung is allowed from Luzon to Visayas and Mindanao.
SECTION 4. Shipment Restriction in the Visayas Islands, Region V, Palawan and Batanes. — Shipment within Visayas and Region V except Camarines Sur, Albay and Catanduanes is allowed but not from Region V to Visayas.
Likewise, only direct shipment from the above cited declared FMD-Free zone to Palawan and Batanes and between Batanes and Palawan is allowed.
No shipment of FMD susceptible animals is allowed from Visayas to Mindanao.
SECTION 5. Regular Shipment in Certain Areas. — The usual procedure shall apply to shipment from Mindanao, Visayas, Palawan, Batanes and Region V to FMD affected areas is Luzon.
Shipment from declared FMD-Zones as enumerated in the preceding section including Batanes and Palawan to other non-ASEAN declared FMD-Free Zones is allowed.
SECTION 6. Special Shipment. — Special Shipment may be allowed subject to guidelines promulgated by the Bureau of Animal Industry from places historically recorded as FMD-Free for at least five (5) years.
SECTION 7. Special Certificate of Clearance. — In case of livestock farms/establishment handling daily shipment of FMD susceptible animals and items above described, needing shipment within affected areas so specified above; a single certificate of clearance to ship effective for one week may be given by the Director of the Bureau of Animal Industry or his duly authorized representative, provided the farms/establishments employ a licensed veterinarian who will be professionally responsible for certifying to the fitness of the animals/item at the time of shipment and provided further that such farms/establishments never had any incidence of FMD for the past two (2) years.
The shipment of animals and items must be accompanied by a certificate of FMD-free status issued by the resident licensed veterinarian.
In case of meat and meat products the establishment must be NMIC accredited. In case of shipment of meat and meat -by- products, it must be accompanied by a NMIC certificate of inspection.
The certificate of FMD-free status and the NMIC certificate must be presented to the Director of the Bureau of Animal Industry or his duly authorized representative whenever required.
SECTION 8. Reporting of Occurences/Existence of FMD. — at shall be mandatory on the part of the owners/operators/managers/farm veterinarians/farm. Consultants of livestock farms/establishment to report immediately the occurence/existence of FMD.
SECTION 9. Compulsory Vaccination. — Compulsory vaccination of animals as per Batas Pambansa Bilang 97 must be observed up to the time when the Secretary of the Department of Agriculture proclaims that vaccination is no longer necessary.
SECTION 10. Visitation/Inspection of Livestock Farms and Establishments. — Visitation/Inspection of the different Livestock Farms/Establishments will be done by the Director of the Bureau of Animal Industry or his duly authorized representative anytime of the day whenever it is deemed necessary especially during an outbreak of FMD or other infectious livestock diseases.
SECTION 11. Disposition of Illegal Shipment. — Unauthorized shipment of animals, meat and meat products, FMD vaccines and other items shall be disposed of in accordance with the following guidelines:
a. Animals — FMD susceptible animals without signs of FMD shall be seized or returned to their place of origin or source. Animals found to be diseased with FMD shall be immediately condemned and disposed of by burning and/or burying in a deep pit.
No unloading of animals is allowed in case of aircraft or vessels going into FMD-free zone during the stop-over in FMD affected areas. Transshipment of imported animals is allowed.
b. Meat and Meat Products — Illegal shipment of meat and meat products shall be seized, condemned and disposed by burning and/or burying in a deep pit.
c. FMD vaccines — illegal shipment of FMD vaccines shall be seized and turned over to the BAI for proper disposition.
d. Other items — Other items not enumerated above shall be seized or returned to their place of origin or source.
Any cost incurred in the disposition of illegal shipment shall be paid/shouldered by the shippers, traders, persons or corporations liable for such violation.
All seizure of animal, meat, meat products and other items must be properly documented, witnessed and covered by appropriate custody/acknowledgment prior to the release or condemnation of the same.
SECTION 12. Notice and Coordination. — The Bureau of Animal Industry shall serve written notice of this order to the proper officers of railroad, aircraft, vessels or boat common carriers and other transportation companies and to the various head of local government units particularly in the declaration and lifting of quarantine.
Close coordination with the head of local government through Provincial/City and/or Municipal Veterinarian, other government agencies and other Deputized Veterinary Officers should be undertaken in the implementation of this order.
SECTION 13. Presumption of Guilt. — Any person having in his possession control or custody of FMD susceptible animals product and by-products shall upon demand by competent authorities, exhibit the documents prescribed in the preceding sections. Failure to exhibit the required document shall be a prima facie evidence that the FMD susceptible animal products in his possession control or custody are the fruits of his guilt against this administrative order.
It will be a prima facie evidence of guilt on the part of the shipper when the FMD susceptible animals in his possession are found to be affected with FMD as diagnosed by the Director of the Bureau of Animal Industry or his duly authorized representative.
SECTION 14. Penalty. — Violation of any provision of the Administrative Order by any persons, corporations, livestock traders, owner or master of vessels, boat, aircraft or any common carrier or by any officer of a firm, or corporation shall be liable to prosecution and upon conviction shall suffer the penalty of a fine not less than five hundred pesos or not more than double the amount of the value of the animal/s in his possession, control or custody or by imprisonment of not more than two (2) years or both. Carrier of the illegal shipment must be impounded for a period of one (1) month.
SECTION 15. Repealing Clause. — Any provisions or portion of any rules and regulation inconsistent herewith are hereby repealed or amended accordingly.
SECTION 16. Effectivity Clause. — This administrative order shall take effect immediately after its complete publication in at least one (1) newspaper of general circulation.
Adopted: 6 Nov. 1996
Secretary
Recommending Approval:
(SGD.) GIOVANNI A. PASAMBA
OIC, Director
Bureau of Animal Industry