DRAFT (October 12, 2013)
DA-Administrative Order
No. ______
Series of 2013
IMPLEMENTING RULES AND REGULATIONS PURSUANT TO REPUBLIC ACT NO. 10536 – “AN ACT AMENDING REPUBLIC ACT NO. 9296, OTHERWISE KNOWN AS THE MEAT INSPECTION CODE OF THE PHILIPPINES”
SECTION 1. Section 4 of Republic Act No. 9296, otherwise as “The Meat Inspection Code of the Philippines” hereinafter referred to as the “Act”, is hereby amended by inserting between subsections 15 and 16, to be designated as subsection 16, to read as follows:
SEC.4 Definition of Terms.–As used in this Act, the following term shall be construed to mean as follows:
“16. Hot Meat – the carcass or parts of carcass or food animals which were slaughtered from unregistered/unaccredited meat establishments and have not undergone the required inspection. It also includes undocumented, illegally shipped, and unregistered carcass, parts of carcass and meat products coming from other countries and those that are classified as hot meat by the national Meat inspection Service (NMIS).”
The succeeding subsections shall be renumbered accordingly.
Rule 1.1 – All food animals slaughtered for human consumption shall undergo ante-mortem and post-mortem inspection in locally registered or NMIS accredited meat establishments. The carcass or parts of carcass of food animals clandestinely slaughtered which have not undergone the required inspection and offered for sale to the public shall be considered as hot meat and shall be confiscated and disposed of properly.
Rule 1.2 -Carcass or parts of carcass of non-food animals not recognized by the NMIS for human food and offered for sale to the public shall be considered as hot meat such as dog meat, cat meat and others.
Rule 1.3 -Meat inspection officers of the NMIS and LGUs shall have the authority to confiscate carcasses, parts of carcasses, meat and meat products found to have been prepared, handled, packed, stored, transported or offered for sale as human food not in accordance with any provisions of this Act.
Rule 1.4 - Meat and meat products found outside the port of inspection which are illegally imported, undocumented and illegally shipped shall be confiscated by the competent authorities.
Rule 1.5 -All expenses incurred in the proper disposal of confiscated meat and meat products, locally produced or imported, shall be borne by the owner/importer or any other party found to be involved in its importation, sale and distribution.
SECTION 2. Section 7 of this Act is hereby amended to read as follows:
SEC. 7. Composition of the NMIS. – The NMIS shall be headed by an Executive Director, a Deputy Executive Director and Regional Technical Directors III, all appointed by the President. The administrative, technical and support services of the NMIS shall be strengthened as may be appropriate and necessary to carry out effectively the provisions of this Act.
Rule 2.1 – The NMIS shall establish the appropriate organizational structure to carry out its powers and functions as mandated in this Act. The Secretary shall endorse to the Department of Budget and Management the proposed organizational structure of the NMIS including plantilla positions, job descriptions and salary grades in accordance with Joint Resolution No. 4 of the Congress of the Philippines
Governing Principles of the Modified Compensation and Position Classification System and Base Pay Schedule of the GovernmentorSSL IIIand other existing civil service and other laws, rules and regulations on the matter.
Rule 2.2 - The NMIS shall be headed by an Executive Director and assisted by a Deputy Executive Director and the Regional Technical Operation Centers shall be headed by Regional Technical Directors III. They shall be appointed by the President of the Philippines and they shall manage the operations of the NMIS. They shall be of good moral character, with recognized managerial ability and competence and must be knowledgeable on the various aspects of the livestock and meat industry as well as meat inspection and meat hygiene.
Rule 2.3 -The Executive Director shall have the following functions:
2.3.1. Exercises supervision and control over all divisions and other units, including the regional technical operation centers under the NMIS.
2.3.2. Establishes policiesand standards for the operations of the agency pursuant to the plans and programs of the Department of Agriculture.
2.3.3. Recommendsrules and regulations necessary to carry out the objectives, policies and functions of the NMIS.
2.3.4 Studies and recommends appropriate plans, programs, policies, guidelines, procedures, rules and regulations required in organizing and implementing a comprehensive national meat control system;
2.3.5. Monitors and assesses the implementation of all the above, submits appropriate reports and recommendations, and provides the mechanism for evaluating and classifying meat plant facilities for international, countrywide, interprovincial and city/municipal meat trade;
2.3.6. Provides the mechanism for plant and meat and meat product identification, develops ways and means for disciplinary action on any government agency and private entity that refuse to cooperate in implementing the meat inspection system;
2.3.7. Initiates directs, and supervises plans, programs and activities for the training, information, research, field operation and allied activities; reviews said plans, programs and activities;
2.3.8. Renders appropriate reports and recommendations, prepares agenda and minutes of meeting of the Meat Inspection Board (MIB), submits annual reports,agency Office Performance Commitment and Review (OPCR) and budgetary requirements and such other functions expressly stated, necessarily implied, incidental, appropriate or essential to anefficient implementation of the Amended Meat Inspection Code;
2.3.9. Manages public and media relations.
Rule 2.4 -The Deputy Executive Director shall have the following functions:
, 2.4.1. Assist in establishing and efficiently implementing a national meat control system and does related works;
2.4.2. Assists in formulating policies,procedures, guidelines, rules and regulations in organizing and implementing a comprehensive national meat control system;
2.4.3. Directs and supervises the NMIS internal control system and
monitors and assesses the impact of the implementation of all issued
polices and institutes appropriate mechanisms or procedures for
performance validation, verification and evaluation;
2.4.4.Coordinates with various agencies concerned in implementing policy guidelines, procedures, rules and regulations;
2.4.5. Develops ways and means for disciplinary action on any government agency or personnel and/or private entity or person that refuse to cooperate in implementing the system;
2.4.6. Directs and supervises the plans, programs and activities of the MIB Secretariat
and assumes the duties and responsibilities of the Executive Director in case the latter is absent.
Rule 2.5 -The Regional Technical Director III shall have the following functions within the region:
2.5.1. Responsible for the implementation of programs, policies, guidelines, procedures, agreements, laws, rules and regulationsof DA, NMIS and other collaborating government agencies;
2.5.2. Provides technical assistance to LGUs with regards to the establishment of the local meat control system which includes but not limited to humane handling of slaughter animals, antemortem and postmortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing practices, sanitation standard operating procedures, hazard analysis critical control program, residue control program, animal pest and disease control program in the meat establishment and regulatory activities;
2.5.3. Assists in the technical capability building of LGU meat inspection personnel;
2.5.4. Coordinates with stakeholders relative to livestock and meat industry concerns and assists them in resolving relevant concerns;
2.5.5. Manages public and media relations in the region.
2.5.6. Shall have the command and the responsibility for the over-all regional operationand the supervision and control of all personnel including out-sourcedin the Regional Technical Operation Center (RTOC).
The NMIS shall have the following divisions: Appropriate sections and units shall also be established to fully complement the organizational structure of the NMIS.
a)Plant Operation and Inspection – which shall be responsible for the inspection and certification of meat and meat products and technical supervision of local government units (LGUs);
Rule 2.6 - The POID shall provide directand/or technical supervision and control over meat inspection in all accredited meat establishments engaged in domestic and international meat trade to ensure the production of clean, safe and wholesome meat.
Rule 2.7 -It shall supervise the operation and enforcement of meat inspection system, food animal welfare and the implementation of meat safety programs such as Good Manufacturing Practices (GMP), Good Operating Practices (GOP) and Sanitation Standard Operating Practices (SSOP)and Hazard Analysis Critical Control Point Program (HACCP)in all accredited meat establishments.
Rule 2.8 - It shall be responsible for regulatory action and investigation of theproduct of the concerned meat establishment in case ofconsumer complaint.
Rule 2.9 -It shall certify the fitness of meat and meat products for human consumption with the issuance of meat and meat product inspection certificate for export and inter-provincial transport of meat.
Rule 2.10 -It shall provide technical supervision and assistance to local government units in terms of the implementation of the meat inspection, hygiene and sanitation and enforcement of rules and regulationsin collaboration with concerned division.It shallbe responsible for the supervision of Local Government Units’personnel assigned in accredited meat establishment relative to the enforcement of meat inspection and hygiene.
Rule 2.11 - It shall be responsible for animal disease and epidemiological surveillance and control in the meat establishment in collaboration with other concerned government agencies. It shall also be responsible for the proper disposition of food animals, meat, viscera, by-products and meat products of the meat establishment declared or judged as condemned, and waste materials.
Rule 2.12 -It shall be composed of the following Sections:
2.12.aIn-Plant Line Inspection and LGU Supervision & Deputation
Section
2.12.bFood Animal Welfare, Animal Disease Epidemiology,
Surveillance, Response and Control Section
2.12.cMeat Establishment Verification Compliance Section
b)Accreditation and Registration – which shall be responsible for the accreditation of meat establishments, rendering facilities, meat transport vehicles, meat establishment contractors, fabricators and suppliers and third party service providers and registration and certification;
Rule 2.13 -The Accreditation and Registration Division shall evaluate and accredit meat establishments such as but not limited to slaughterhouses, poultry dressing plants, meat processing plants, meat cutting plants, cold storage warehouses,other meat outlets, rendering facilities, meat transport vehicles, meat establishment civil works contractors, equipment fabricators and facilities suppliers and third party service providers.
Rule 2.14 -It shall be responsible for theverification, certification and registration of all imported meat productsand locally manufactured meat products of accredited meat establishments.
Rule 2.15 -It shall ensure that all meat products for registration and certification, local and imported,shall be properly labeled and supported by pertinent documents.
It shall alsoregister all LGU meat inspectors and meat establishments nationwide;
In coordination with concerned divisions, it shall evaluate and accred the PMIS and CMIS in highy urbanized cities;
Rule 2.16 -It shall be composed of the following Sections:
2.16.aAccreditation Section
2.16.bRegistration and Certification Section
c)Enforcement and Food Defense – which shall be responsible for the enforcement of policies against hot meat and adulterated and misbranded meat products, and the protection of meat products from hazardous contaminants;
Rule 2.17-The Enforcement and Food Defense Division shall regulate the illegal slaughter of food animalsor hot meat,for sale or processing, transport and distributionfor public consumption.
Rule 2.18 It shall regulate meat and meat products found outside the port of inspection which are illegally imported, undocumented and illegally shipped to the country.
Rule 2.19 -It shall enforce meat inspection rules and regulations to prevent adulterated or misbranded meat products from being sold to the meat consuming public.
Rule 2.20 -It shall be responsible for the creation of NMIS Task Forcesthat will be tasked to conduct regular post-meat establishment control and surveillanceto detect the presence of hot meat in the meat markets and other food establishments such as food processing, restaurants, hotels, and the like, and when positive, to cause its confiscationand proper disposal;
Rule 2.21 -In coordination with the concerned government agencies, it shall supervise the mandatory as well as voluntary recallsof meat and meat products.
Rule 2.22 -It shall ensure that meat and meat products are protected from any intentional hazardous contaminants such as biological, physical, chemical and radiological agents that are not reasonably likely to occur naturallyin the food supply.
Rule 2.23 - In the process of risk assessment, the NMIS enforcers and risk assessors shall be given access to the meat establishment at reasonable time upon notice to the owner/manager.
Rule 2.24 -It shall be composed of the following Sections:
2.24.aEnforcement Section
2.24.bFood Defense Section
d)Meat Import and Export Assistance and Inspection – which shall evaluate foreign meat establishments intending to export to the Philippines, accredit meat importers and exporters, inspect imported and certify for export meat and meat products, and provide technical assistance to meat importers and exporters;
Rule 2.25 -The MIEAID shall develop and implement plans and programs, procedures and regulations related to import and export of meat and meat products.
Rule 2.26 -It shall evaluate foreign meat establishment intending to export meat and meat productsto the Philippines and conduct audit every three years to check compliance of the accreditation conditionsto ensure that the meat and meat products are being produced under conditions and system equivalent to the standards set by DA-NMIS.
Rule 2.27 -It shall be responsible for the verification of documentary requirements required for imported meat and meat products;
Rule 2.28 – It shall manage the inspection of imported meat and meat products and collection of samples for laboratory analysis.
Rule 2.29 -It shall be responsible for ensuring compliance of the accredited exporting meat establishment to the requirements of the importing country.
Rule 2.30 -It shall be composed of the following Sections:
2.31.aImport Inspection Section
2.31.bExport Certification Section
e)Meat Science and Technology – which shall be responsible for the technical training of veterinarians and meat inspectors on meat inspection, manages data on animal slaughter, provides technical assistance to the LGUs in the development of the LGUs meat control or inspection system, and develops safety and quality standards in consultation with the product standard setting agencies;
Rule 2.32 -The MSTD shall manage the NMIS technical training and capability building programs on meat inspection/control system for national and local veterinarians and meat inspectors. The PMIS, CMIS & MMIS shall be responsible for training of meat establishment managers/operators, meat traders, meat butchers, meat vendors and private individuals on meat inspection/control system based on the NMIS prepared modules;
Rule 2.33 -A Meat Inspection Training and Development Center under the Food Safety Institute of Republic Act No. 10611, otherwise known as the Food Safety Act, shall be established to develop and strengthen the capabilities of national and local veterinarians, meat inspectors, workers and other entities of the meat industry on meat quality and safety.
Rule 2.34 -It shall collect, analyze and interpret data on animal slaughter and condemnation reports.
Rule 2.35 – In coordination with the concerned divisions, it shallmaintain the national registry of meat inspectors and meat establishments nationwide and assist in the evaluation and accreditation of PMIS and CMIS in the highly urbanized cities;
Rule 2.36 -It shall provide technical assistance/supervision to LRMEs in terms of meat inspection, hygiene and sanitation and enforcement of meat inspection rules and regulations in collaboration with concerned divisions. It shall see to it that the amended NMIS Strategic Action Plan and Programs for the Development of LGUs Meat Control System is properly implemented and evaluated;
Rule 2.37 - It shall develop and propose framework for safety and quality standards in consultation with other product standard setting governmentagencies, concerned industry and other private sectors.
Rule 2.38 - It shall be composed of the following sections:
2.32.aTraining and LGU Technical Services Section
2.38.bSlaughter Data Section
2.328cMeat and Meat Products Research and Standards Development
Section
f)Laboratory Services – which shall provide analytical services to detect contaminants in meat and meat products and data analysis;
Rule 2.39 - The Laboratory Services Division shall be responsible for the conduct of analytical tests to verify quality, safety, and wholesomeness of meat and meat products at all stages of production, distribution and sale. It shall also be responsible for the accurate interpretation of results and analysis of data resulting from tests conducted.
Rule 2.40 - It shall conduct passive and active monitoring and surveillance for pathogens, drug residues, additives, metals, other contaminants in meat and meat productsand antimicrobial resistance.
Rule 2.41 - It shall conduct risk assessmentsin support to regulatory functions, investigations and conduct of mandatory recall of meat and meat products.
Rule 2.42 -It shall be composed of the following sections:
2.42.aMicrobiology Section
2.42.bChemistry Section
2.42.cParasitology and Pathology Section
2.42.dRisk Assessment Section
g)Consumer Information, Education and Assistance – which shall be responsible in conducting programs to inform, educate and assist consumers on meat safety and quality, conducts programs to promote meat safety and quality, and manages consumer complaints;
Rule 2.43 -The CIEA shall undertake a continuing education and promotionalcampaign to provide the consumers with important facts about meat safety and proper handling of meat.