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Malaya (August 28, 2014)

[ VALENZUELA CITY ORDINANCE NO. 142 SERIES OF 2014, July 21, 2014 ]

SANGGUNIANG PANLUNGSOD

** Excerpts from the minutes of the 45th Regular Session of the 6tht City Council of Valenzuela held on July 21, 2014 at 2:49 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila.

AN ORDINANCE REGULATING THE SLAUGHTER AND PROCESSING OF FOOD ANIMALS BEING UNDERTAKEN IN MARKETS, STORES AND OTHER ESTABLISHMENTS TO BE SOLD FOR HUMAN CONSUMPTION WITHIN THE CITY OF VALENZUELA, IMPOSING PENALTIES FOR THE VIOLATION THEREOF, AND FOR OTHER PURPOSES.




Authored by Councilor ROVIN ANDREW M. FELICIANO


GENERAL PROVISIONS


SECTION 1. SHORT TITLE. For purpose of brevity this ordinance shall be known as the "MEAT INSPECTION STANDARDS ORDINANCE OF VALENZUELA."

SECTION 2. SCOPE. This ordinance encompasses all meat establishments, meat brokers, butchers, meat handlers, and meat processors operating within the territorial jurisdiction of the City of Valenzuela.

SECTION 3. TERMINOLOGY. In the interest of clarity and legal interpretation the following terms used in this ordinance shall mean:

  a)
FOOD ANIMALS - shall refer to all animals to be slaughtered and processed for human consumption such as but not limited to cattle, carabaos, hogs, horses, goats and poultry;
   
  b)
POULTRY - shall refer to chicken and other birds that can be considered as food animals including rabbits;
   
  c)
ABATTOIRS - shall refer to duly accredited slaughterhouses for all food animals to be processed for food consumption;
   
  d)
POULTRY SLAUGHTERING CENTERS - small food animal processing centers that shall be used exclusively for poultry animals;
   
  e)
MEAT INSPECTOR - a professionally trained and qualified person duly appointed by the National Meat Inspection Service (NMIS) or the city government who shall be responsible for ascertaining the slaughter and processing of food animals whether they are fit for human consumption;
   
  f)
SANITARY INSPECTOR - a professionally qualified and duly appointed personnel of the city government responsible for ascertaining the working conditions in meat establishments, whether they are hygienic and pose no health threats to the public;
   
  g)
MEAT BROKERS - any person or persons engaged in the business of buying or selling of food animals or food animal products;
   
  h)
MEAT ESTABLISHMENTS - premises such as but not limited to abattoirs, poultry slaughtering centers, cold storages that handle meat products, warehouse and other meat outlets that are approved and registered by the NMIS in which food animals or meat products are slaughtered, prepared, processed, handled, packed or stored.
   
  i)
MEAT HANDLERS - shall mean person directly involved in the preparation, transport and sale of meat and meat products.

SECTION 4. PRIMARY IMPLEMENTATION AND IMPLEMENTORS.
The following agencies of the City and National Government shall be primary responsible for the implementation of this ordinance:

  a)
The City Veterinary Services Office, particularly the Meat Inspection Section shall be responsible for ascertaining all food animals and their processing as fit for human consumption in accordance with the provisions of Republic Act 9296 (Meat Inspection Code of the Philippines) and the Department of Agriculture Administrative Order No. 19, Series of 2010 delineating the guidelines on good hygienic slaughtering practices for locally registered meat establishments. This particular provision can also be implemented by the personnel of the National Meat Inspection Service who have their own mandate to enforce such regulations throughout the country;
   
  b)
The City Health Department, particularly the Sanitation Inspection Section shall be responsible for ascertaining the working conditions in all meat establishments whether they do not pose imminent threats to public health and safety;
   
  c)
The City Business Permits & Licensing Office, shall see to the required permits and licenses of all meat establishments, meat brokers, butchers and meat handlers in accordance with the provisions of the city's Revenue Code;
   
  d)
The City Legal Department, shall see to all the legal actions necessary for the violations against the provisions of this ordinance;
   
  e)  
Any other department or unit of the city government as tasked by the City Mayor; f) All the above mentioned offices, departments and agencies of the city government are mandated to cooperate, coordinate and assist each other in the implementation of the provisions of this ordinance.

MANDATORY PROVISIONS


SECTION 5. THE CITY MEAT INSPECTION REGISTRY (MIR).

The City Veterinary Services Office, specifically the Meat Inspection Section shall maintain an accurate and regularly updated registry of all meat establishments, meat brokers, butchers and meat handlers in accordance with the provisions of Memorandum Circular No. 10-2010-10 issued by the National Meat Inspection Service requiring the registry of meat establishments.

  a)
All meat establishments, meat brokers, butchers and all meat handlers are hereby mandated to register themselves voluntarily with this registry for qualification and approval before practicing their respective trades;
   
  b)
The Meat Inspection Section of the City Veterinary Services Office shall issue every qualified meat establishments, meat brokers, butchers and all meat handlers an appropriate certificate of registration which they must be able to show to the pertinent inspectors of the city government upon demand;
   
  c)
Any person or establishment found to be engaging in selling, handling or processing of meat products without first registering with the MIR shall be penalized in accordance with the pertinent provisions of this ordinance.

SECTION 6. POULTRY SLAUGHTERING CENTERS.
There shall be allowed within the city the establishment of Poultry Slaughtering Centers, which are abattoirs or slaughterhouses primarily dealing in poultry meat. These Poultry Slaughtering Centers are subject to the same requirements as any business establishments of the same nature and to all other pertinent regulations for health and safety as enforced by the city government and other pertinent national agencies.

SECTION 7. PROHIBITION AGAINST THE SLAUGHTER OF FOOD ANIMALS IN UNAUTHORIZED PLACES. In the interest of public health and safety, the act of slaughtering, bleeding, eviscerating and cleaning of food animals in places other than duly registered Abattoirs and Poultry Slaughtering Centers shall be deemed illegal. All violators of this provision shall be penalized in accordance with the pertinent provisions of this ordinance.

SECTION 8. PROHIBITION AGAINST THE PROCESSING OF CARCASSES AND OTHER MEAT PRODUCTS IN PUBLIC PLACES. It is hereby prohibited the cutting, chopping or processing of carcasses of food animals for human consumption in the following places:

  a)
Roads and streets even if they are undertaken by duly registered meat handlers or even if the roads and street are within immediate proximity of markets;
   
  b)
Open public spaces, parking spaces or any other places which were not meant for such purposes, even if undertaken by registered meat handlers.

For all intents and purposes, the cutting and processing of carcasses for human consumption will only be allowed within the markets or other authorized establishments.

SECTION 9. FOOD ANIMAL PROCESSING WASTES DISPOSAL. All non-edible by-products of food animal processing such as blood, visceral contents, hairs, feathers, beak and claws are waste products and should be kept in appropriately marked and sealed containers before being submitted for collection by the city waste management personnel. All meat establishments are required to have an appropriate waste receptacle within their establishments in accordance with the law.

  a)
Solid waste shall be separated from liquid waste to prevent clogging of drain;
  b)
Blood shall be properly collected to reduce waste water;
  c)
All drainage shall always be protected or properly trapped;
  d)
Trash can/containers shall be properly covered, cleaned, washed and sanitized;
  e)
Solid and liquid waste shall be disposed accordingly to Republic Act No. 9003 otherwise known as the Ecological Solid Waste Management Act of 2000 and Republic Act No. 9275 otherwise known as the Clean Water Act; and
  f)
Waste are collected in suitable containers and disposed in a sanitary manner.

PENAL PROVISIONS

SECTION 10. PENALTIES. All violators of any provision or provisions of this ordinance shall be penalized in accordance with the following:

  a)

All meat establishments, meat brokers, butchers and all meat handlers in violation of Section 5 (c), of this ordinance shall appropriately penalized with the following:

   
   
1)
A notice of violation with the concurrent order to immediately cease and desist from further operation until compliance with the appropriate regulation of this ordinance has been met, the violators will be given a period of no more than 48 hours after being served the notice to initiate compliance with this ordinance;
   
   
2)
Continuing to operate and failing to initiate compliance within 48 hours after being served the notice of violation will be deemed as an act of willful disregard of the city's order, the said meat establishments, meat brokers, butchers and meat handler's permit to operate will be cancelled, all merchandise being offered for human consumption will be confiscated with a separate fine of P1,000.00 each for the meat establishment, meat broker, butcher and meat handler;
   
   
3)
Continuing to operate or attempting to operate as meat establishment, meat broker, butcher and meat handler despite the cancellation of their permit to operate and even upon the previous confiscation of their wares and equipments will be considered as an act of grave disregard for the city's order, the meat broker, butcher and meat handler caught in "flagrante delicto" will be arrested and duly charged in court; they will be fined a minimum penalty of P1,000.00 to a maximum of P3,000.00 each and/or imprisoned for five (5) days depending upon the decision of the courts;
   
   
4)
All other violations committed after the violation of the previous provision will be penalized with the same punishment.
   
  b)
Meat handler found in violation of Section 5 (c) of this Ordinance shall be appropriately penalized with the following:
   
   
1)
A fine of P100.00 for every day of violation thereof until the appropriate provision of this ordinance has been complied with:
   
   
2)
A continuous violation of five (5) consecutive days without even initiating compliance with the provision of this ordinance will be penalized with imprisonment of one (1) to three (3) days depending upon the discretion of the courts.
   
  c)

  All meat establishments, meat brokers, butchers, and meat handlers found to be engaging in the slaughter and processing of food animals in places other than abattoirs or Poultry Slaughtering Centers in violation of Section 7 of this ordinance will be penalized with the following:

   
   
1)
A notice of violation with the concurrent order to cease and desist from engaging in such practices for the first offense;
   
   
2)
For the second offense, immediate confiscation of all meat products being offered for human consumption and the suspension of their business permits to operate for a period not exceeding three (3) months; a separate fine of P1,000.00 for the establishment and the broker will be required before the suspension of their business permits to operate will be lifted;
   
   
3)
For the third offense and all other succeeding offenses, immediate closure of the establishment, cancellation of the establishment's business permits to operate with a ban of six (6) months before the establishment will be allowed to apply for a business permit; a fine of P1,000.00 to P3,000.00 for the broker and all handlers involved and/ or imprisonment of one (1) to five days depending upon the discretion of the courts.
   
  d)
Anyone caught slaughtering food animal, cutting, chopping or processing carcasses in public places in violation of Section 8 of this Ordinance would warrant the immediate confiscation of all food carcasses and a fine of P300.00 for every person caught in violation of the provision.
   
  e)
Anyone caught disposing of waste by-products improperly in violation of Section 9 of this Ordinance shall be fined the amount of P300.00 and/or imprisonment of one (1) day not only for violating this ordinance but also for endangering public health and safety.

OTHER PROVISIONS

SECTION 11. PUBLIC EDUCATION AND INFORMATION DISSEMINATION. In the interest of public health and safety, the City Health Department, the City Veterinary Services Office and City Information Office will work hand in hand in disseminating to the public pertinent information with regards to epidemics that can possibly spread by mishandled meat products being sold for human consumption.

SECTION 12. PNP ASSISTANCE. The Philippine National Police in Valenzuela is hereby enjoined to assist the implementing agencies mentioned in this ordinance in the enforcement of its penalties and other provisions.

FINAL PROVISIONS

SECTION 13.  SEPARABILITY CLAUSE. If any of the provisions stated in this ordinance will be found to be in contradiction with any Republic Act or declared to be "ultra-vires" by the appropriate courts, then all other unaffected provisions would be continue to be enforceable.

SECTION 14. AMENDING CLAUSE. All previous city or barangay ordinances contrary to or with provisions not in consonance with the provisions of this ordinance, entirely or partially shall be deemed repealed or duly amended.

SECTION 15. EFFECTIVITY. This ordinance shall take effect six (6) months after its approval to give ample time for the affected establishments and entities to be aware of its provisions and shall be published once (1) in a newspaper of general circulation

ENACTED.
JULY 21, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Majority Floor Leader
(Sgd.) HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
   
(Sgd.) HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
Asst. Majority Floor Leader
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
(Sgd.) HON. CRISSHA M. PINEDA
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President League of Barangays)
 
  ATTESTED:
   
 
(Sgd.) FLAVIO C. DIAZ
Secretary
   
   
CERTIFIED CORRECT:
 
 
(Sgd.) HON. ERIC M. MARTINEZ
Presiding Officer
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________
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