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FINAL DRAFT as of Jan 11, 2011

ADMINISTRATIVE ORDER
No.___________________
Series of 2011

GUIDELINES IN THE IMPOSITION OF ADMINISTRATIVE


PENALTIES FOR VIOLATION OF RA 9296 AND ITS
IMPLEMENTING RULES AND REGULATIONS
WHEREAS, under Rule 5.1 of the Implementing Rules and Regulations of the
Republic Act No. 9296 (Meat Inspection Code of the Philippines), provides
that the National Meat Inspection Service (NMIS) shall be the sole national
controlling/competent authority tasked to implement policies, programs,
guidelines and rules and regulations pertaining to meat inspection and meat
hygiene to ensure meat safety and quality from farm to table;
WHEREAS, Section 56 of the Code states that the Secretary by way of
regulation, shall issue a schedule of administrative fines for violations of any
provisions of this Act;
WHEREAS, Rule 56.2 of the Implementing Rules and Regulations provides
that any person, firm or corporation found directly or indirectly violating any
provision of this Act, in addition to the penalties and sanctions prescribed
herein, shall be charged under applicable laws of the Philippines;
WHEREAS, Section 54 of the Code states that it shall be unlawful for any
shipping line or airline to accept shipment of meat and meat products for
export into our country without an accompanying veterinary quarantine
clearance issued by the Philippine Department of Agriculturre and
International veterinary Certificate issued by the national controlling authority
of the exporting country.
WHEREAS, Republic Act No. 7394 (Consumer Act of the Philippines)
specifically provides under Article 18 (a) that it shall be unlawful for any
person to manufacture for sale, offer for sale, distribute in commerce, or
import into the Philippines any consumer product which is not in conformity
with an applicable consumer product quality or safety standard;
WHEREAS, DA-AO 26, series of 2005 provides that violation of the countrys
laws, rules and regulations on consumer product safety and quality standards
and animal quarantine measures through illegal entry of meat and meat
products as well as non-compliance thereof serious threat to human and

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animal health/life and which could bring potentially serious economic


consequences to the livestock, poultry and related industries
WHEREAS, DA-AO 18, series of 2008 provides the rules and regulations on
humane handling in the slaughter of animals for food.
WHEREAS, DA-AO 6 series of 1975 provides the regulations in the proper
handling of animals prior to slaughter considering that improper handling
thereof prior to slaughter has adverse effect on the quality of meat.
WHEREAS, DA-AO 15 series of 2006 prohibits the flooding of Animals in
Animal Facilities and Abattoir.
NOW, THEREFORE, I, PROCESO J. ALCALA, Secretary of Agriculture, by
the powers vested upon me by law do hereby issue this Order prescribing the
Guidelines in the Imposition of Administrative Penalties for Violation of
Republic Act 9296 and Its Implementing Rules and regulations.

Section I
SCOPE
All meat establishment operators/managers or owners (whether
privately or publicly-owned), owners of food animals, firm or corporation, meat
brokers, meat handlers, exporters or importers of meat and meat products,
meat transport vehicles owners found directly or indirectly violating any
provision of this Act shall be held liable and charged accordingly.

Section II
DEFINITION OF TERMS
A. Condemnation the examination and judgment of meat or meat
products according to approved protocols by a competent person, or
otherwise determined by the controlling/competent authority, as being
unsafe or unsuitable for human consumption and requiring appropriate
disposal.
B. Confiscation - the act of taking into custody of livestock and poultry
carcasses, edible or inedible parts or parts from said carcasses or
meat products, by the controlling authority for its proper disposal for
having been the subject of violation of the rules and regulations.
It shall also mean the taking into custody of tools/implements used in
the commission of the violation.

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C. Controlling Authority- the official authority charged by the government


with the control of meat hygiene and meat inspection
D. Contract Processing - is an agreement or arrangement entered into
between Contract Processor and Company to slaughter/dress food
animals and/or fabricate/cut up, process, pack and store quality and
safe meat for public consumption.
E. Correction period - the period of time specified in a notice of violation
within which the responsible person(s) must correct or otherwise
remedy a continuing violation, failure of which shall lead to the
issuance of a notice of administrative fine.
F. Correctible defects prohibited acts that can be corrected within the
given period of time as specified in the correction period.
G. Code- refers to Republic Act 9296 and its IRR
H. Firm or Corporation any partnership, association or other
unincorporated business organization.
I. Hearing Committee shall be composed of hearing officer and two
members to conduct an investigation on acts violative of the Code.
J. Hearing Officer- an official appointed by a government agency to
conduct an investigation or administrative hearing to exercise its
statutory powers.,
K. Meat brokers any person, firm, or corporation engaged in the
business of buying or selling carcasses, parts of carcasses, meat and
meat products of food animals on commission, or otherwise negotiating
purchases or sales of such articles other than for his own account or as
an employee of another person, firm, or corporation.
L. Meat establishment- premises such as slaughterhouse, poultry
dressing plant, meat processing plant, cold storage, 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.
M. Meat handlers person directly involved in the preparation, transport
and sale of meat and meat products.
N. Notice of Violation- refers to a written notice issued by the controlling
authority informing the responsible person(s) of the violation of the
Meat Inspection Code and other provisions adopted by reference in the
Code.

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O. Order - a written notice issued to any responsible person(s) by the


controlling authority demanding payment of a fine due to a violation on
any of the provisions of the Meat Inspection Code after due process
and hearing.
P. PMIS Provincial Meat Inspection Service
Q. Responsible person- a person responsible for, or alleged to be
responsible for violation of the Meat Inspection Code. There may be
more than one responsible person for the Code violation.
A responsible person may include any of the following:
1. A person who causes or materially contributes to the causation
of its violation;
2. A person who maintains or allows the violation to continue by his
or her action or inaction;
3. A person whose agent or employee causes or materially
contributes to the causation of the violation;
4. A person who owns the meat establishment or any lessee or
sub-lessee of the meat establishment that has a current right of
the possession of the meat establishment; and
5. The manager or operator of a meat establishment who is
responsible for the activities of the meat establishment;.
6. For purposes of this Order, the term person includes natural
persons, corporations, unincorporated associations and any
legal entities including owners, majority stockholders, officers,
general partners, joint ventures, members and trustees of any
such legal entity.

Section III
JURISDICTION IN THE IMPOSITION OF ADMINISTRATIVE FINES
1. The NMIS and LGU shall have jurisdiction over privately owned meat
establishment, operators/managers or owners of food animals, firm or
corporation, meat brokers, meat handlers, exporters or importers of
meat and meat products, meat transport vehicles owners found directly
or indirectly violating any provision of this Act shall be held liable and
charged accordingly.
2. The NMIS through the Provincial Meat Inspection Service (PMIS) shall
have
jurisdiction
over
publicly-owned
meat
establishment
operators/managers owners of food animals, firm or corporation, meat
brokers, meat handlers, exporters or importers of meat and meat

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products, meat transport vehicles owners found directly or indirectly


violating any provision of this Act shall be held liable and charged
accordingly

Section IV
PROCEDURE IN THE IMPOSITION OF ADMINISTRATIVE FINES
1.

Due Process and Hearing


A. The NMIS or LGU shall issue a Notice of Violation to the
responsible person/s. If the violator is a corporation, the Notice
shall be addressed to the President and/or officer of the
corporation. The Notice of Violation shall require the responsible
person to file an answer and explain why he should not be held
administratively liable within three (3) days upon receipt thereof.
The Notice shall likewise specify the correction period, if
applicable. The Notice shall likewise include the date, time and
place of hearing.
B. After hearing, the Hearing Committee shall submit its
recommendation for approval of the Executive Director of the
NMIS or to the Chief Executive of the concerned Local
Government Unit (LGU), as the case may be.
C. The NMIS Executive Director (ED) or the Chief Executive of the
concerned Local Government Units (LGU) shall issue the
corresponding Order.

2.

Imposition of Administrative Fine


A. The Order of the NMIS ED or LCE shall contain the following, to
wit:
1.

2.
3.
4.
5.
6.
7.

A statement that an administrative fine is being imposed on


the responsible person/s pursuant to the Meat Inspection
Code;
The name of the responsible person/s;
The section violated;
The address where the violation occurred;
A description of the violation;
The names of the controlling authority (NMIS or LGU)
The fines if any, shall be due and demandable by NMIS ED
or LCE by receipt order.

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8.

9.

NMIS shall serve the order through any of the following


methods:
i. By personal delivery to the responsible person/s; or
ii. By registered mail to the responsible person/s at his
last known address.
Payment of an administrative fine shall not excuse the
responsible person/s from correcting the violation and shall
not preclude NMIS from taking any other legal remedies
under pertinent applicable laws, rules and regulations.

Section V
SCHEDULE OF ADMINISTRATIVE FINES FOR VARIOUS VIOLATIONS
1.

No person, firm or corporation shall slaughter any food animal or


prepare meat or meat product in any meat establishment except in
compliance with the requirements of this Code.
First violation
Second violation
Third & succeeding violationfrom

P20,000.00 + confiscation
P30,000.00 + confiscation
P50,000.00 + confiscation + barred
Operating for a period of 2 years

2.

No person, firm or corporation shall slaughter or handle in connection


with slaughter, any food animal in a manner not considered humane.
First violation
Second violation
Third & succeeding violation-

3.

P20,000.00
P30,000.00
P50,000.00 + confiscation and/or
disposition & barred from operating
for a period of 2 years

No person, firm or corporation shall sell, transport, offer or receive for


sale or transportation in commerce carcasses or parts thereof, meat
and meat product required to be inspected under this Code unless they
have been so inspected and passed.
First violation
Second violation
Third & succeeding violation-

P100,000.00 + confiscation
P150,000.00 + confiscation
P300,000.00 + confiscation & barred
from operating for 3 years

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4.

No person, firm or corporation shall do any act while they are being
transported in commerce or held for sale, which is intended to cause or
has the effect of causing such articles to be adulterated or misbranded.
First violation
Second violation
Third & succeeding violation-

5.

P100,000.00
P200,000.00
P300,000.00 + confiscation and/or
Disposition

No brand manufacturer, printer, or other person, firm or corporation


shall cast, print, lithograph, or otherwise make any device containing
any official mark or simulation thereof, or any label bearing any such
mark or simulation, or any form of official certificate or simulation
thereof, except as authorized by the Secretary.
First violation
Second violation
Third & succeeding violation-

6.

P200,000.00
P300,000.00
P500,000.00 + confiscation and/or
Destruction & barred from operating
for 3 years

No person, firm, or corporation shall (1) forge any official device, mark
or certificate; (2) use any official device, mark or certificate, or
simulation thereof, or alter, detach, deface, or destroy any official
device, mark, or certificate; (3) contrary to the regulations prescribed by
the Secretary, fail to use, or to detach, deface , or destroy any official
device, mark or certificate; (4) knowingly possess any official device or
any counterfeit, simulated, forged, or improperly altered official
certificate or any device or label or any carcass of any animal or part or
product thereof, bearing any counterfeit, simulated, forged, or
improperly altered official mark; (5) knowingly make any false
statement in any certificate; or (6) knowingly represent that any article
has been inspected and passed under this code when, in fact, it has
not been so inspected and passed.
First violation
Second violation
Third & succeeding violation-

7.

P200,000.00
P300,000.00
P500,000.00 + confiscation and/or
Destruction & barred from operating
for 3 years

It shall be unlawful for any person, either for himself or in behalf of


another person, firm or corporation or partnership to slaughter food
animals which have not been submitted for ante-mortem inspection or
to store, transport or sell carcasses, organs or parts thereof which have
not been previously inspected or have been found upon inspection to
be unfit for human consumption.

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First violation
Second violation
Third & succeeding violation-

8.

P200,000.00
P300,000.00
P500,000.00 + confiscation and/or
destruction & barred from operating
for a period of 2 years

It shall be unlawful for any person, firm or corporation to resist, harass,


intimidate, assault, impede or interfere with any inspector during the
performance of his duties as prescribed under this Code.
First violation
Second violation
Third & succeeding violation -

9.

P100,000.00
P200,000.00
P500,000.00 & barred from operating
for a period of 2 years

Any person who gives false or misleading information or data or shall


willfully or through gross negligence conceal or falsify a material fact in
any investigation, inquiry or hearing shall be held liable for an
administrative fine of P25,000.00 without prejudice to the filing of
appropriate charges under the Revised Penal Code.

Section VI
REPEALING CLAUSE
The provisions of existing Memorandum Circulars, Implementing Rules
and Regulations and other issuances that are inconsistent with the provisions
of this Order are hereby modified, revoked or repealed accordingly.

Section VII
SEPARABILITY CLAUSE
The provisions of this Administrative Order are hereby declared to be
separable and in the event one or more of such provisions are held
unconstitutional, the validity of the other provisions shall not be affected
thereby.

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Section VIII
SUPPLETORY CLAUSE
All relevant laws of the Philippines shall have suppletory application to
this Administrative Order.

Section IX
EFFECTIVITY
This Administrative Order shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.
Done in Quezon City, this ________ day of ____________, 2011.

PROCESO J. ALCALA
Secretary
Recommending Approval:

ATTY. JANE C. BACAYO, DVM, MPA


Executive Director
National Meat Inspection Service