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WHEREAS, pursuant to Republic Act 9296, otherwise known as the Meat Inspection Code of the Philippines, it is the policy of the State to prescribe specific guidelines governing the flow of food animals and its meat and meat products through the various stages of marketing, preservation, and inspection, to ensure food security and provide safety and
quality standards for meat and meat products to assure the protection of the public against unreasonable risks of injury and hazards to health, and to support local government units in their endeavor to be self-reliant and continue exercising the powers in discharging the duties and functions currently vested upon them;

WHEREAS, the Act also provides that, the conduct of post-meat establishment control shall be vested in the NMIS and LGU to regulate the flow, preparation, and sale of meat and meat products for human consumption in accordance with national policies, procedures, guidelines, and rules and regulations to ensure that meat and meat products have undergone meat inspection;

WHEREAS, pursuant to Republic Act 7394, otherwise known as The Consumer Act of the Philippines, the state shall implement measures to achieve the objectives of protecting the consumer against hazards to health and safety, deceptive, unfair and unconscionable sale, acts, and practices;

WHEREAS, there had been rampant selling of hot meat, meat, and meat products, sourced from neither accredited nor locally registered meat establishments and unaccredited or banned countries, in various meat markets and other meat channels;

WHEREAS, there is a need to strengthen the power and functions of the national, provincial, city and municipal meat controlling authorities to curb down these illegal practices by unscrupulous vendors. traders, importers, consolidators, indentors, and technical smugglers;

NOW, THEREFORE, I, PROCESO J. ALCALA, Secretary of Agriculture, pursuant to the foregoing premises, do hereby issue the Guidelines on Post-Meat Establishment Control.

Section 1. Definition of Terms. – As used in these guidelines, the following terms, words, and phrases shall be construed to mean as follows:

1.1 Adulterated – carcasses, or any part thereof, whether meat or meat product, under one or more of the conditions stated in RA 9296.

1.2 Banned – refers to meat, meat products, and processed meat products that are prohibited for importation, or have come from a country, or refers to a country, prohibited to export to the Philippines.

1.3 Casing – means the act of observing a stationary subject, such as premises where an alleged illegal activity is being conducted in order to obtain information and/or validate the complaint.

1.4 Controlling Authority – refers to the NMIS, provincial, city or municipal meat inspection service.

1.5 Core Group – the regular members of the task force currently employed as veterinary inspectors/meat control officers and meat inspectors of the NMIS, provincial, city, and/ or municipal meat inspection service.

1.6 Donee – refers to the person who or charitable institution which is a recipient of the donated meat/meat products.

1.7 Enforcement Team / Task Force – a group compose of veterinary inspectors/ meat control officers, meat inspectors, and representatives from concerned LGU agencies organized and designated by the head of office to conduct post-meat establishment management activities.

1.8 Hot Meat – refers to the carcass or parts of the carcass of food animal which was slaughtered in an unregistered meat establishment and has not undergone the required inspection.

1.9 Imitation – a product that is made to appear as to be mistakable for what is real or original.

1.10 Imported – refers to meat, meat products, or processed meat products, from an accredited foreign meat establishment or country, accompanied with corresponding importation documents and have passed through the border inspection requirements of the Philippines.

1.11 Inspector / Meat Inspector – a professionally qualified and properly trained officer, duly appointed by the NMIS or the local government unit for meat inspection and control of hygiene under the supervision of a veterinary inspector.

1.12 Local Meat Inspection Service (LMIS) – includes Provincial, City, and Municipal Meat Inspection Services responsible for ensuring the safety and quality of meat and meat products for human food.

1.13 Meat – refers to the fresh, chilled or frozen, edible carcass including offal derived from food animals.

1.14 Meat Market / Channel – premises where meat, meat products, and/or processed meat products are sold, catered, or served, in public or clandestinely, for human consumption.

1.15 Meat Product – any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any food animal, excepting products which contain meat or other portions of such carcasses in a relatively small proportion only or historically have not been considered by consumers as products of the meat industry, and which are exempted from definition as a meat product by the Secretary under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat products.

1.16 Mission Order – an authorization issued by the head of office directing the task force to conduct enforcement activities, such as, but not limited to surveillance, search, and seizure.

1.17 Post-Meat Establishment Control – shall mean the control measures conducted on meat products during transport up to the time of retail sale for the enforcement of regulations governing meat and meat product inspection.

1.18 Processed – includes all methods of manufacture and preservation but does not include pre-packaged fresh, chilled and frozen meat.

1.19 Seizure – the act of taking possession of hot meat or spurious meat items by the task force from a person and/or premises where the actual selling took place.

1.20 Strike Operation / Raid – an all–out act of confiscating hot meat / spurious meat items and other pieces of evidence accessory to the act of illegal selling said products, such as, but not limited to, knives, cleavers, chopping boards, containers, weighing scales, makeshift stalls, vehicle/s, and the like, and apprehension of the suspect and his accomplices / cohorts for the purpose of detention, investigation, and filing of a case/s.

1.21 Surveillance – the act of following a suspect or subject person or vehicle in order to obtain information related to a case or complaint being investigated or verified.

1.22 Veterinary Inspector or Meat Control Officer – an inspector who is professionally qualified as a veterinarian duly appointed by the NMIS or the local government unit responsible for the supervision and control of meat hygiene including meat inspection.

Section 2 . CREATION AND COMPOSITION OF AN ENFORCEMENT TEAM – An enforcement team, which shall be known as the task force shall be created through an administrative order/ordinance which shall define the role of all members of the task force. The members of the team shall be designated by the NMIS/concerned LCE of LMIS through a special order.

2.1 The team shall be composed of a core group and support group from NMIS / LMIS, the number of which shall be determined based on the requirements of NMIS / concerned LMIS. The core group shall have the following minimum qualifications:

2.1.1 For NMIS, must be a permanent employee; for LMIS, preferably a permanent employee who has completed the Basic Meat Inspector’s Training Course.

2.1.2 The team leader shall be a licensed veterinarian where applicable.

2.2 In case of NMIS, the support group shall be composed of representatives from the technical services. For LMIS, the support group may be taken from other concerned LGU departments/offices which shall be represented by its head/OIC. It may be composed of, but not limited to, the office of the administrator, business permits and licensing, traffic enforcement, public order and safety, health, economic enterprise, legal, and engineering.

2.3 Police officers from the Philippine National Police (PNP) who are under the jurisdiction of respective local government units shall be made part of the team for security purposes, particularly, when the nature of the enforcement activity or the situation during the implementation process warrants physical or armed defense, seizure of properties, or arrest of individual/s who are in conflict with the meat inspection law/s.

Section 3. SCOPE OF IMPLEMENTATION. – The following shall be the areas of concern of this Order:

3.1 Meat markets / channels shall include, but not limited to, the following:

3.1.1 wet markets;
3.1.2 flea markets (“talipapa”);
3.1.3 “bagsakan” centers;
3.1.4 rolling stores;
3.1.5 meat shops /stalls;
3.1.6 “lechon” houses and stands;
3.1.7 ambulant meat stalls /vendors / peddlers;
3.1.8 supermarkets and grocery stores;
3.1.9 restaurants, canteens, and eateries;
3.1.10 catering services;
3.1.11 hotels and other institutional buyers;
3.1.12 meat chandlers;
3.1.13 private domicile, particularly, those suspected depots of “hot meat” subject to legal requirements; and
3.1.14 other channels where meat and meat products are slaughtered, prepared, handled, processed, packed, stored, and distributed.

3.2 The following items shall be the subject of regulation of this Order:

3.2.1 carcasses/parts/offal (a) found to have come from clandestine slaughter (b) adulterated as defined under RA 9296, and/or (c) derived from non-food animals, such as, dog meat, cat meat, etc.;
3.2.2 processed meat products, chilled, frozen, or canned, manufactured by (a) neither accredited nor locally registered meat establishment and/or (b) manufactured by an accredited or locally registered meat establishment, but found to be adulterated;
3.2.3 imported meat and meat products, whether chilled, frozen, or canned, but found to be adulterated;
3.2.4 meat and meat products (a) from an unaccredited or banned country (b) that are imitations of registered local or imported brands, and/or (c) without accompanying valid documents, such as, Meat and Meat Products Inspection Certificate (MMPIC) or Certificate of Meat Inspection for Imported Meat and Meat Products (COMI), whether from accredited (local or foreign) or locally registered meat establishment.

Section 4. GENERAL PROCEDURES. – The following guidelines shall serve as the basic principles and procedures in conducting post-meat establishment control.

4.1 The task force shall be equipped with the following:

4.1.1 a specific mission order issued by the NMIS/LCE for every operation to be conducted;
4.1.2 an official uniform which shall be worn when conducting routine post-meat establishment inspections. In case of strike operation, the team may be clad in ordinary clothes;
4.1.3 an official identification card;
4.1.4 minimum serviceable communication equipment and other tools, such as, cellular phones, flashlights, ticklers, and a ballpens;
4.1.5 camera (capable of still photo shots and video footaging) shall be used for the documentation of all operations and disposal of seized items that may be conducted;
4.1.6 two (2) service vehicles, one for the transport of team members and the other vehicle for the transport of seized items;
4.1.7 two (2) units chest-type freezers stationed at the NMIS / LMIS Office, one (1) unit for safekeeping of the wholesome seized meat and meat products, and the other unit for storage of seized items unfit for human consumption; and,
4.1.8 denaturants or other chemicals, such as kerosene.

4.2 The following are elements of an effective post-meat establishment control:

4.2.1 for NMIS, an administrative order / manual on operational procedures on post-meat establishment control; for LMIS, a meat inspection ordinance;
4.2.2 an information drive for meat vendors, traders/suppliers, importers, consolidators, indentors, and consumers through orientation, seminars, IEC materials, and other forms of communication;
4.2.3 conduct of regular post-meat establishment inspection;
4.2.4 prompt action on consumer complaints;
4.2.5 surveillance of suspected individuals and vehicles, or casing of any of the meat channels under section 3.1 The surveillance personnel shall decide if a strike operation is necessary and shall present to the team his findings and recommendation/action plan. All subjects shall be divulged only during the final planning/briefing at the time prior to the conduct of a strike operation which shall be led by the surveillance officer;
4.2.6 a warrantless strike operation shall be conducted when the illegal activity is done in plain view. In case of clandestine activity, a search warrant shall be secured prior to the conduct of strike operation;
4.2.7 seizure of meat and meat products slaughtered, prepared, handled, processed, packed, stored, transported, distributed, or offered for sale as human food not in accordance with the provisions of RA 9296;
4.2.8 inventory of confiscated meat and meat products shall be properly accounted and turned-over to the disposal committee;
4.2.9 proper coordination of activities between and among the concerned agencies, NMIS, LGUs, PNP, etc.;
4.2.10 setting-up of checkpoint/s in identified strategic area/s as the need arises;
4.2.11 blotter the illegal activity after the conduct of operation at the nearest police station having jurisdiction over the area where the strike operation was conducted and obtain a copy of the police blotter for future reference;
4.2.12 turn-over of seized meat items to the disposal committee who shall dispose the same in accordance with existing COA rules and regulations; and,
4.2.13 filing of complaint/s against violators of the existing meat inspection laws, rules and regulations;

4.3 The team or any of its members, in the discharge of its or his/her official duties, shall be provided with legal assistance by the NMIS or LGU concerned when necessary, such as but not limited to, filing of cases against violators, when charged in court, during attendance to court hearing, etc.; and,

4.4 Corresponding logistical support shall be included in the annual budgetary appropriation of the NMIS / LGU concerned to sustain the functions and activities of the task force.

Section 5. OFFICIAL FORMS. – Sample templates of official documents that can be used during conduct of routine post-meat establishment control:

5.1 Post-Meat Establishment Management Receipt (Annex “A”)
5.2 Summon Letter (Annex “B”)
5.3 Show Cause Directive (Annex “C”)
5.4 Notice of Warning (Annex “D”)
5.5 Hold Order (Annex “E”)
5.6 Condemnation Receipt (Annex “F”)
5.7 Deed of Donation and Acknowledgement Receipt (Annex “G”)
5.8 Coordination Letter to the local police (Annex “H”)

Section 6. DISPOSAL OF CONFISCATED MEAT ITEMS. - All the seized meat items shall be under the custody of the task force until it has been properly documented and disposed of. The following shall be the minimum requirements in the disposal of meat and meat products seized during a strike operation:

6.1 All confiscated meat and meat products shall be examined for its wholesomeness and fitness for human consumption. It shall be disposed of within 12 – 24 hours except those to be used as evidence in case of legal action. It shall be stored in a freezer storage to preserve its condition until the court has rendered judgement on the case;

6.2 Five (5) 250-gram sample units shall be obtained randomly, except those coming from banned/prohibited countries, for organoleptic examination and other laboratory analyses. The laboratory results may be used as evidence in the on-going litigation;

6.3 Those found fit for human consumption shall be donated to a charitable institution duly registered by the Securities and Exchange Commission (SEC) and preferably located within the city or municipality where the meat items were confiscated;

6.4 In cases where the violator was issued a notice of warning and a summon order / show cause directive to appear and explain on the charges within 48 hours at the NMIS Office / concerned LMIS Office, the seized items shall be donated to a charitable institution, (a) once found fit for human consumption; (b) after the said violator has executed a notarized affidavit stating his assurance to refrain from commission of the same violation; and (c) he/she waives his/her claim over the products;

6.5 Prior to donation to charitable institutions, confiscated Indian buffalo meat shall be subjected to further processing, such as, (a) thermal treatment of not less than 70 degrees centigrade for 30 minutes pursuant to DA Administrative Order No. 31, series of 2002, and (b) processing into canned meat products and the like;

6.6 Those items determined unfit for human consumption shall be either disposed of (a) by burying six (6) feet below the ground or (b) passed for rendering in a registered rendering plant;

6.7 Disposal procedures shall be properly documented for future reference. The condemnation certificate shall be signed by all concerned representatives, witnesses and other interested parties; and,

6.8 In case of donated items, the donor shall execute a deed of donation and the donee shall acknowledge receipt of the donated items on the same document.

Section 7. SANCTIONS. – Any person, firm, or corporation found in violation of any provisions of this Order shall be charged under applicable laws of the Republic of the Philippines.

Section 8. REPEALING CLAUSE. - All existing rules and regulations or parts thereof which are inconsistent with this Order, are hereby repealed, or modified accordingly.

Section 9. EFFECTIVITY. – This Order shall take effect (15) days after its publication in a newspaper of national circulation or in the Official Gazette and filing a copy at the U.P. Law Center.

Approved:

(SGD) PROCESO J. ALCALA
  Secretary of Agriculture

Recommending Approval:

(SGD.) ATTY. JANE C. BACAYO, DVM, MPA
  Executive Director
  National Meat Inspection Service