WHEREAS, the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the FAO International Plant Protection Convention (IPPC) reaffirms the sovereign right of the country to institute appropriate measures deemed necessary to protect human, plant, and animal life and health, provided that such measures do not unnecessarily restrict trade;
WHEREAS, the Pest Risk Analysis (PRA) for fresh potato (Solanum tuberosum L.) was conducted and completed in accordance with the IPPC International Standard for Phytosanitary Measures ISPM No. 11, which takes into account evaluation of the biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;
WHEREAS, the completed PRA served as the basis for the issuance of this AC, wherein a combination of systems approach and quarantine treatments shall be applied;
NOW, THEREFORE, I, PROCESO J. ALCALA, Secretary of-the Department of Agriculture, by the powers vested in me by law, do hereby issue this Circular providing guidelines governing the importation of fresh “table stock” potato (Solanum tuberosum L.) from the United States of America (USA) into the Philippines.
ARTICLE I
SCOPE AND DEFINITION OF TERMS AND ACRONYMS
Section 1. SCOPE - This Circular shall govern the importation of fresh “table stock” potato (Solanum tuberosum L.) from the USA for consumption and processing.
Section 2. DEFINITION OF TERMS - For the purpose of this Circular, the following terms, words and phrases herein used shall be construed to mean as follows:
Section 3. ACRONYMS used in this Circular shall refer to:
AMV - Alfalfa Mosaic Virus APHIS - Animal Plant Health Inspection Service BCTV - Beet Curly Top Virus BOC - Bureau of Customs BPI - Bureau of Plant Industry (the NPPO of the Philippines) BRR - Bacterial Ring Rot CABI - CAB International (Crop Protection Compendium) CAS - Customs Accreditation Secretariat CDA - Cooperative Development Authority CDFA - California Department of Food and Agriculture DA - Department of Agriculture DTI - Department of Trade and Industry FAO - Food and Agriculture Organization IPPC - International Plant Protection Convention ISPM - International Standards for Phytosanitary Measures NPPO - National Plant Protection Organization PAA - Potato Association of America PC - Phytosanitary Certificate PCN - Potato Cyst Nematode PMTV - Potato Mop Top Virus PPQ - Plant Protection and Quarantine PQ - Plant Quarantine PQC - Plant Quarantine Clearance PQO - Plant Quarantine Officer of the BPI PQS - Plant Quarantine Service PRA - Pest Risk Analysis PSA - Potato Association of America PSTVd - Potato Spindle Tuber Viroid PVA - Potato Virus A PVM - Potato Virus M PYDV - Potato Yellow Dwarf Virus PYVV - Potato Yellow Vein Virus SEC - Security and Exchange SPA - Special Power of Attorney SPS - Sanitary and Phytosanitary Measures TRV - Tobacco Rattle Virus TSWV - Tomato Spotted Wilt Virus USA - United States of America USDA - United States Department of Agriculture USDA/ARS - USDA/Agricultural Research Services WTO - World Trade Organization
ARTICLE II
IMPORTER ACCREDITATION GUIDELINES AND PROCEDURES
The following guidelines and procedures shall be implemented in the accreditation of the Importers of fresh table stock potato (see Annex I);
The BPI-PQS shall then issue a Certificate of Accreditation duly signed by the BPI Director upon recommendation of the PQS Chief.
ARTICLE III
APPLICATION FOR AND ISSUANCE OF SPS IMPORT CLEARANCE (PLANT QUARANTINE CLEARANCE)
ARTICLE IV
VALIDITY AND NON-TRANSFERABILITY OF THE PQC
A. Validity of the PQC:
B. Non- Transferability of the PQC
The PQC is non-transferable and shall only be used by the person/company whose name appears in the PQC.
ARTICLE V
FEES AND CHARGES
An accreditation fee shall be collected upon release of Certificate of Accreditation in the amount of Php 5,000.00. Yearly renewal shall also be subjected to processing fee of Php 3,000.00.
Other relevant fees shall be imposed as necessary pursuant to DA Administrative Order No. 01 Series of 2001, DA Administrative Order No. 12 and 26 Series of 2004.
ARTICLE VI
REQUIREMENTS AND CONDITIONS ON PRE-EXPORT QUARANTINE INSPECTION
All shipments of table stock potatoes from the US should be covered by Plant Quarantine SPS Import Clearance which should be secured prior to importation.
A. Source Areas, Production and Certification
B. Requirements
B.1 Soil
Potato tubers should be practically free of soil and debris
B.2 Nematodes
- Only table stock potatoes produced in fields free of potato cyst nematode should be imported to the Philippines. It is prohibited to source table stock potato from Idaho and other areas which as result of an official test has been found to be infected by a potato cyst nematode (PCN) (Globodera pallida).
- In addition to potato cyst nematodes, table stock potatoes shall be inspected and found free of Ditylenchus destructor, Meloidogyne chitwoodi and Nacobbus aberrans (potato pathotype) based on official surveillance.
B.3 Fungi
- Tubers should meet the quality standard at shipping point and disease level should be within tolerance level allowable for diseases in accordance with the scoring criteria for fungi on US table stock potatoes.
- Table stock potatoes shall originate from fields that are inspected by Pest Control Advisors during the growing season for fungal pathogens/diseases of concern to the Philippines, according to requirements specified in the potato export standards of the producing province.
B.4 Bacteria
- Table stock potatoes for export to the Philippines shall be free from Clavibacter michiganensis subsp. sepedonicus through seed certification and visual inspection.
- Tubers should meet the quality standard at shipping point and disease level should be within tolerance level allowable for diseases in accordance with the scoring criteria for bacteria on US table stock potatoes.
- Table stock potatoes shall originate from fields that are inspected by Pest Control Advisors during the growing season for bacterial pathogens/ diseases of concern to the Philippines, according to requirements specified in the potato export standards of the producing province.
B.5 Viruses and Viroid
- Table stock potatoes shall originate from fields that are inspected by Pest Control Advisors during the growing season for virus and/or viroid diseases according to requirements specified in the potato export standards of the producing province. Potato diseases caused by viruses and/or viroid of quarantine significance should be within the acceptable tolerance limit for potato virus and/or viroid diseases.
B.6 Packing and Labeling
- Table stock potatoes shall be packed in new sacks/totes/bags/boxes, crates and other wood packaging materials (treated in accordance with ISPM 15) or clean bulk carriers and should be closed after packing.
- Each bag/sacks/totes/boxes shall be affixed with information label which include: shipper/ grower.
C. Export inspection
D. Phytosanitary certification
“The potatoes in this consignment were produced in the United States of America in accordance with the conditions governing entry of potatoes for consumption and processing into the Philippines and inspected and found to be free of pest of quarantine concern in the Philippines.”
ARTICLE VII
ENTRY AND POST-ENTRY INSPECTION
A. Forty-eight (48) hours prior to arrival of a consignment at the port of entry, the importer or his authorized representative shall notify the concerned PQO by completely filling out Application for Inspection.
B. Upon arrival, the consignment shall be subjected to the following inspection requirements:
1. Documentation Check
Original PQC, original PC issued by USDA-APHIS, bill of lading and invoice must be presented and surrendered to the PQO at the port of entry.
Any table stock potato consignment with incomplete documentation shall be refused entry with options of re-export of the whole shipment to the United States or destruction of the consignment at the importer’s expense.
2. On- arrival Quarantine Inspection
ARTICLE VIII
PENALTIES AND SANCTIONS
Section 1. SUSPENSION/REVOCATION OF PQ SPS IMPORT CLEARANCE:
A. The PQ SPS Import Clearance may be suspended or revoked at any time for any of the following grounds:
B. Revocation or cancellation of the PQ SPS Import Clearance shall be without prejudice to being further subjected to penalties (under Section 4 of this Article).
Section 2. CONFISCATION AND DISPOSAL:
A. If the border inspection shows that:
B. Notice of Confiscation shall be issued to the importer stating the reason/s for the confiscation. Three (3) copies of the said Notice shall be issued as follows: one (1) copy shall be given to the BOC; one (1) copy to the importer and one (1) copy shall be retained by the PQS.
Further, the notice shall provide indicative date of condemnation and disposal of the product.
C. All expenses (including travel, per diem or subsistence, and overtime pay) of officers or employees of the Philippine government in connection with the destruction or disposition of the seized potato and all expenses in connection with the storage, cargo or labor with respect to the fresh table stock potato refused admission shall be paid by the importer.
D. The importer concerned shall then be blacklisted from the list of accredited importers.
E. The impounding or seizure shall not be a bar to subsequent prosecution in the court of the person/s concerned in accordance with law.
Section 3. SUSPENSION OF TABLE STOCK POTATO IMPORTATION:
A. In case of non-compliance with the requirements and conditions of this AC, quarantine pest interceptions at the port of entry, and/or pest outbreak at the source, the BPI reserves the right to suspend the table stock potato importation.
B. In the event of suspension of import, BPI-PQS may audit export certification procedures in the United States prior to a decision being taken on resumption of import. Where BPI-PQS has determined that such audits are necessary, the costs of these audits must be borne by the exporting country. The program shall resume only when the BPI and USDA-APHlS have mutually agreed on and instituted the necessary corrective actions to comply with the requirements and conditions of this AC.
Section 4. OTHER PENALTIES: All persons, corporation or firm found guilty of directly or indirectly violating any provision of this Circular shall be penalized under PD 1433 and any other existing relevant laws which shall have suppletory application of this Order.
Section 5. NOTIFICATION: The Department of Agriculture through the BPI shall immediately notify the USDA-APHIS in writing, through the US Embassy in Manila, of any detection or interception of quarantine pests in the shipment and non-compliance with the requirements and conditions of this AC.
ARTICLE IX
REPEALING CLAUSE
All existing administrative orders and/or circulars, rules and regulations or parts thereof, which are inconsistent with the provisions of this Circular, are hereby repealed or modified accordingly.
ARTICLE X
SEPARABILITY CLAUSE
If any portion of this Circular is declared unconstitutional or invalid, the other portions thereof which are not affected thereby shall continue to be in full force and effect.
ARTICLE XI
EFFECTIVITY
This Circular shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
Recommending Approval:
(SGD.) CLARITO M. BARRON, PhD, CESO IV
Director, Bureau of Plant Industry
Approved:
(SGD.) PROCESO J. ALCALA
Secretary, Department of Agriculture