Department Circular No. 06 Series of 2020 on the Rules and Regulations governing the Importation and Exportation of Plant Food

Republic of the Philippines OFFICE OF THE SECRETARY lhpti , !le Hf. Uilfmi111 1 1 LO QUf>lOn t LY DEPARTMENT ClRCULAR No. ()fi, Ser ies of2020 SUBJECT: RULES AND REGULATIONS GOVERNING THE IMPORTATION AND EXPORTATION OF PLANT FOOD Pursuant to Republic Act (RA) No. 10611 also known as Food Safety Act of 2013, Joint Department of Agriculture-Department of Health Administrative Order No. 2015-0007 (JOA-DOH AO 2015-0007), RA, 11203, Executive Order (EO) No. 292, s. 1987, EO 366, s. 2004·, Presid ential Decree 1433, as amended, and its implementing ru les and regulations, other relevant international agreements to which the Philippines is signatory, the followi ng rules and regu lations are hereby issued. ARTICLE I INTRODUCTORY PROVISIONS Section 1. Objective. This Circular aims to rationalize and put in place an effective food control system fo r the importation and exportation of plant food to protect health of consumers and ensure fair practices in trade of plant food. Section 2. Definition of Terms. The lerms as defined in the Definition of Terms of JOA­ DOH AO 2015-0007 are hereby adopted, unless otherwise defined hereunder. 1. Audit refers to a systematic, independent and documented process for obtain ing evidence and evaluating it objectively to determine th e extent to which criteria are fulfilled; 2. BPI Sanitary and Phytosanitary Import Clearance (BPI-SPSIC) refers to the document issued by the Bureau of Plant Industry (BPI) to the importer prior to importation to ensure that the products being impor ted meet the standards for Lhe protection of human, plant life or health, guarantee that the products a re safe for consumers, and prevent the spread of pests or diseases among plants. Such document also prescribes the pre-entry and the post-entry conditions to be complied with by the exporting cou ntry and the impor ter to control hazards that could lead to food-borne illnesses and to ensure fi tness for human consumption ofa food of pla nt origin taking into account its Intended use; ~ecure 'Pfii[i ppines wrl Ii ,PYOS peni11, farm~r, «na fi., /ierf ,,n:;, DEPARTMENT OF AGR/CULTURI' OfFCE OFTliE SEC~AAY CERTll'!'F{>, TRUE 9()PY t,rri l/JV 4[ /(\ LOURDES B. PLECHAS OIC, RECORDS OfVISION 3. CerLificaLes refer to those paper or eleclronic documenls, which describe and attest to attributes or consignments or plant food deslined ror lnlcrnalionai trade; Ofj7cial certificates are cerllficates issued by, or under the control or the exporting country's competent authori ty (CA), including by a certifying body recognized by the CA to issue such cerlificates; 4. Competent Authority (CA) refe rs to the official authority in charge of the control of plant food safety and the management of official systems of inspection and certification of the country; 5. DA Trade System refers Lo the back-office application of the DA that was developed, deployed a nd being maintained for the processing of DA trade transactions, such as SPSICs issued by the Bureau of Animal Industry, the Bureau of f-isheries and Aquatic Resources and the BPI; 6. Establishment refers to farm, buildings. and other facilities of a food business used for production of primary and postharvest plant foods, postharvesl handling, preparation. treatment, packaging, transport and/or storage, but excluding those sites, buildings and structures, such as laboratories, administrative offices, and other areas where p lant food is not handled and where people handling the plant food do not enter; 7. Exporter refers to any person, individual or juridical entity, or an authorized representative who transacts with the BPI for purposes o f registration and/or licensing, and issuance of official certificates used lo trade products with another country and who is in possession of or in any way entitled to the custody or control of any plant food exported from the Philippines; 8. Equivalence Agreement refers to an arrangement entered into by /between the BPI and the CA of the exporting country concerning plant food import and inspection systems, or a specific sanitary measure or measures related to a certain product or categories of products; a. Equivalence 011 a system-wide basis refers to the capability of different inspection and certification systems to meet the same objectives; b. Equivalence of saniLary measures is the state wherein sanitary measures applied In an exporting country, though different from the measures applied in the Philippines, achieve, as demonstrated by the exporting country, the level of sanitary protection determined by the BPI to be appropriate for the Philippines; 9. Food Business Operator (FBO) refers to a natural or juridical person responsible for operating business at a ny step In tl1e food chain. The FBO includes growers, producers, importers, exporters, traders, and d istributors of plant food; uE P"R fMENT OF AGRICUL TURf OH(;(Of f ,;E.,ccqni&.F>• CER~ TRUE COPV LOURDES 8 PLECHPS ore RECORDS DIVISION secure 'Pfr.ifiy pines w,1/i prn,peroUJ (armer> anaf uficrJolTi 2 I 10. Food Safely Compliance Officer {F'SCO) refers lo persons designated by the FBO who shall oversee the imp lementatio n of the plant food safely programs and .iclivities of the food business consistent wilh the provisions o f the Food Safety Act, Its !RR and this Circular; 11.Food Safety O/Jlcer (PSOJ refe rs to profess ionally qual ified and properly trained officers appointed by the BPI Directo r as his representative in impl ementing and enforcing the provisions of the Food Safety Act, its IRR and this Circular; 12. Importer refers to any person, individual or juridical entity, or owner or an authorized representative who transacts with t he BPJ for the purpose of registration and/or licensing, and who is e nti tled to the custody or control of any food imported into the Philippines; 13. Licensing refers to the process by wh ich BPI approves an application of a person, corporation, cooperative, agricultural establishment, or other juridical persons, for authority to operate an establishment in the Philippines or to engage in any activity in the primary productio n and postharvest stages of the food supply chain to produce safe primary and postharves t plant food and inputs. The approval will require proving capability to operate a facility or establishment or to engage in activities in the primary production and postharvest stages of the food supply chain a nd covered by the license; 14. Misbranding refers to the deliberate labelling of plant food that is misleading, where the labelling claims certain food proper ties that are not supported by a certifying body or by scientific evidence; 15. National Single Window (NSW) refers to the computerized internet-based system that allows part ies involved in trade to lodge information and documents with a single entry point to fulfi l all import, export, and transit-related r~gulatory requirements; 16. NPQSD refers to the National Plant Quarantine Services Division of the BPI responsible for the implementation and enforcement of plant quarantine law, rules and regulations for plants, plant product and planting materials; 17. Official Accreditation refers to the procedures done and embodied into a document issued by the BPI forma lly recognizing the competence of an inspection, certification, laboratory testing, or training body to provide the said service on behalf of BPI; 18. Organoleptic Assessment refers to the being, affecting, or relating to qualities (as taste, col or, odor and feel) of a rood that stimulate t he sense organs; ~oa-secure Pfi.i{iy pines wrl/i prmyci-<1u., farmc,n a ruf.(i>fierJo(li. )C -~~.~' \jl ·vl u~ ~c1<1CU1 1·1;F-[ ~- ·\For r .... r -" c..,r ri>->, L.t.~~.t/fv"'I 11: C0i='Y LO Jl•IO s a ..>t ccH~ I) P:1 u1-1l 11111!S1<" 3 19. Plant Food refers to fresh and/or nall1rnl or minimally processed form of food of plant ongin such as, but shall not be llm1led lo, fruits, vegetables, rice and olher grains, nuts, spices. herbs, including raw malerials, under J nex A; a. Minimally Processed Form of Plant Food refers to lhe product that was processed in a manner that does not fu ndamenLally alter the product chemically. Examples may include, buL not limited to, slicing, chilling and freezing for fruits and dicing, grinding of spices, shredding, peeling and slicing for vegetables or milling of rice; b. Natural Fonn of Plant Food refers to plant food which does not contain artificial ingredients and additives and, if had undergone processing, must only be minimally processed; 20. Post-harvest Stages refers lo processes/operations in the food supply chain Involving the minimal transformation of plant foods after p rimary production, such as, but not limited to, sorting. cleaning, grading. cutting, dicing, freezi ng and milling. as well as storage and transport; 21. PPSSD refers lo Plant Product Safety Services Division of the BPI responsible fo r the implementation and enforcement of provisions of the Food Safely Act, Its !RR this Circular, and prolocols and standards a rising from this Circular; 22. Primary Production refers to the production, rear ing, growing, or harvesting of plants, planting materials, or p lant products for food use, such as, but not limited to, fruits, vegetables, rice, corn, other grains and herbs; as well as handling of primary products at the fa rm and their further transport to an establishment; 23. Recall Program refers to an operation to remove from further sale or use, or to correct a marketed produce (i.e., that has been sold or distributed) that established to have an adverse impact on human health and safety; 21. Recognized Companies or Exporters refer to list of companies or exporters authorized by the CA of the exporting country provided to the BPI for the purpose of exportation of plant food; 25. Risk refers to the likelihood of an adverse health effects and the severity of this effecl following exposure to a hazard; 26. Risk Analysis refers to a process consisting of three (3) interrelated components: risk assessment, risk management and risk communication; 27. Risi< Assessment refers to lhe scientifically-based process consisting of lhe following steps: (a) hazard Identification, (b) hazard characterization, (c) exposure assessment, and (cl) risk characterization; ~ 3-joocf.-secure 'Pfii{iyyines ~ "'1lfipro:,pt:rothfarn,1:n ,nuffufrc,foff:. DEPARThEII/T OF AGRICUL TURF OfFICE Of THE SE~ AAY CE~~RUE COPY LOURDES e. PLECHAS OIC, RECORDS DIVISION 4 28. Risk Cate9orizntion refe1·s to the class in ea tio n of food businesses, food operations, and/or food products as high risk, medi um risk, o r low risk based on inherent and potential food safety risks in the production/ processing system and/or on the possibili ty of the pres ence of microbiological, ch emica l hazards. or other contaminants in the food produced; and history of compliance by the establishment with its quality and safety managem ent sysLems a nd pertlnenl regulations; 2 9. Risk Communication refers to the interactive exchange of information and opinions while in the course of risk analysis on the hazards and risks among risk assessors, risk managers, consumers, food and feed business operators, academia, and other stakeholders; 30. Risi< Management refers to the process, distinct from risk assessment, of weighing policy alternatives, in consultation with all interested parties, considering risk assessment and other factors relevant for the health protection of consumers and for the promotion of fair trade practices, and, if needed, select ing appropriate prevention and control options; 31. Sanitary and Phytosanitary Measure refers to any measure applied to (a) protect animal or plant life or health within the territory of the Philippines from risks arising fro m the entry, establishment, 0 1· spread of pests, d iseases, disease­ ca rrying organisms or disease-causing organisms; (b)protect human or animal life or health from r isks arising from additives, contaminants, toxins, or disease­ ca using organisms in foods, beverages or feedstuffs; (c) protectjng human life or health from risks arising From diseases carried by animals, plants or products thereof. or from the entry, establishment or spread of pests; or ( d) preventing or limiting other damage within lhe territory of the Philippines from the entry, establishment or spread of pests; and. 32. Traceability refers to the ability to fo llow the movement of a plant food item th l'ough specified s tages of production, processing, and distribution. Section 3. Scope. This Circular shall cover official controls over plant food for import and export, except sugar, coconut, and processed and pre-packaged products pursuant to RA 10611, as amended by RA 11203. ARTICLE n IMPORT OF PLANT FOOD: PRE-BORDER MEASURES Section 4. Rules on Importation of Plant Food. Importation of plant food shall only be allowed on the following condit ions: ~oa-secu re 'Pfi i[i p pin.es u-1lli yrolyert1tu·f a1 ,ner~ antf f ulicrfuffi. ut:P"-RT'v!ErJT 01' AGRICUl TURE OfT,Cf Of I Hf SECACTA.RV CERTll'IE~ ,YRUE COPY f,()1 r LOU ROES e. PLECHAS OtC. RECORDS DIVISION 5 4.1 The importation of plant food has undergone l'isk analysis. taking into account polential food safety risks associated wilh the planL food and considering the measures implemented by the exporting country's CA. 4.2 The rood safety regulatory system, especially the inspection and cer tificati on system, of the country of origin has undergone evaluation and determined to have an equivalent system as that or the BPI. 4.3 Plant food fo r importation complies with the Philippine National Standa rds (PNS) or the international standards developed by the Codex Alimentarius Commission (Codex) on pathogenic microorganism, mycotoxin, biotoxin, pesticide residues, heavy metals, banned pesticide, other physical or chemical contaminants, post-harvest handling, packing, storage, transport of plant food, codes of pr·actices, among others, adopted as technical regulation by the BPI. Regulatory s tandards used by 0U1er countries for import, ASEAN standards, and Department of Health-food and Drug Administration standards may be used in the absence of Codex standards; provided that, such s tandards are evaluated by competent authorities. 4.4 Plant food is imported (a) from recognized companies or exporters in the exporting cotmtry and (b) by importers duly licensed by BPI. 4.5 FBOs s hall have the prima1y responsibili ty of ensuring that food satisfies the requirements of this rules and regulations, and that control systems are in place Lo prevent, eliminate, or reduce risks to consumers. Section 5. Import Risk Analysis. The food safety risk analysis for the importation of plant food shall be done by PPSSD based on the PNS and Codex s tandards / guidel ines as stipulated in Section 4.3. This shall be conducted as part of the import risk analysis w herein the NPQSD, on the other hand, conducts analysis on the phytosanitary risks which may be posed by the Importation of plant food . 5.1. Specific administra tive protocol and procedure fo r the joint conduct of import risk analysis shall be developed by NPQSD and PPSSD within s ixty (60) days upon effectivity of this Circular. 5.2. The import risk analysis shall be the basis for the following: a . identification of risks to human hea lth and safety which may be posed by the importation of plant food; b. identification and eventual implementation of appropr iate measures to manage the risks; and, c. communication with stakeholders about the risks and the measures necessary to safeguar d human health and safety. DEPARTMENT OF AGRICUL l'uRE OFFICE OF THE SECRETARY CE~r;Ut. COPY LOURDES.B. PLECHAS ore. RECORDS DtvlSION secure 'PfiiCiyyines ' " illiy ra3 pe ro us fnnner~ a1·1tfji.1Jli1!.rfolli. 6 Seclion 6. Risk Profili119. The PPSS0 shall eslablish risk profiles or planl food for importation, food safety regulatory syslern of U1e exporting country, and exporllng companies or exporters Lo guide risk categorization, taking into account type of food. source, intended purpose, lime of importation, mode of Lransport, condition of shipment, evidence of plant food control in the exporting country, roles, respons/bililies, and oversight fu ncdons of the competent authorities of the exporting country, among others. Upon commencement of trade, the risk profiles shall be updated Lo establish history of compliance w ith import requirements by exporting companies or exporters. The basis for risk profiling shall be Lhe PAO-UN (2016) - Risk-based lmported Food Co11trol Manual and other national or internalional standards. Section 7. Risk Cate9orizatio11. The BPI shall categorize the risks identified as low, medium, or high risk, accord ingly. Specifi cally, risks shall be categorized on the basis of the likeliness of the plant food contain ing pathogenic microorganism, mycotoxin, biotoxin. pesticide 1·esidues, heavy metals, banned pesticide, or other contaminants; the significant plant food controls implemenled and practiced in the areas of production, post-harvest handling, packing, storage, transport of plant food; type of es tablishment; and compliance with the national food safety requirements 011 risk. The basis for the conduct of risk categorization shall be the FilO-UN, (2016)-Risk-based Imported Food Control Manual and other national or international standards. 7.1 PPSSD shall develop a protocol for the ris k categorization of imported plant food and the licensed importer including the food safety regulatory system of the exporting country based 011 Codex s tandar·ds, recommendations and guidelines. 7.2 The risk categorization shall be the basis for determining specific sanitary measures or import requirements, priority establishments for inspection as parl of foreign system audit missions. and, upon commencement of trade, frequency of hord~r inspections. Section 8. Equivalence of Sanilary Measure. The BPI may accept a specific measure or measures related to a certain product or categories of producls as equivalent if the CA of the exporting country objectively demonstrates that its measures can meet the objectives of t l1e sanitary measures or import requirements of the BPI. The assessment of the process of equivalence determination shall commence upon request by Lhe exporling country. 8.1 The PPSSD shall develop an official procedure for the determination of equivalence of sanitary measure based on CAC/GL 53-2003 (Guidelines 011 the Judgement of Equivalence of Sanitary Measures Associated with Food Inspection and Certification Systems) . /J .'A. Joocf-secure Pfri{i pyines ~ ,Iii pro,pern1.1.> J anner, and"f ufterfotri. uE.P.l\RTMEl>fl OF AGRICULTURE OFf 1CE Of ThE SECPfl ~ y CE~VRLIE COPY LOUROES e. PLECHAS OIC, RECORDS DiVlSION 7 Scctio11 9. Assessme11l of Equivalence of Food Safety Regulatory System. Determination whelher the exporting country has an equivalenL food safely regulatory syslem and inspection and cer tification system shall be based on CAC/GL 82-2003 (Principles and Guidelines for National Food Control Systems) and CAC/GL 26-1997 (Guidelines for Lhe Design, Operation, Assessment, and Accreditation of Food Import and Export inspection and Certification Systems). 9.1 The PPSSD shall develop an off1clal procedure for the assessment of equivalence based on CAC/GL 34-1999 (Guidelines for the Development of Equivalence Agreements regarding Food Import and Export Inspection and Certification System), CAC/GL 53-2003, and CAC/GL 26-1997. Section 10. BPI Foreign System Audit Mission (FSAM). The BPI, as part of the assessment of equivalence of regulatory system, especially inspection and certification system, and risk analysis, shall constitute a BP1 FSAM to conduct inspection of establishments, facilities, and/or production areas in the country of origin proportionate to the risk categorization conducted on a cost-sharing scheme. The on-site inspection is. lilcPwise, for the purpose of verifying the effectiveness of the food safety controls of the exporting country. For resource efficiency purposes, the BPI FSAM shall be done jointly with the NPQSD for lhe purpose ofphytosanitary controls Inspection and ver ification. The FSAM team shall be composed of technical personnel from the NPQSD and the PPSSD. Section 11. listfl19 of Foreign Companies or Exporters. The BPI shall maintain a list of fo reign companies or exporters provided by the Competent Authority of the exporting country. Upon determination of equivalence of food safety regulatory system, especially the inspection and certification system, such list shall be recognized by IlPl and importation of plant food shall be limited to the foreign companies or exporters on the list. Section 12. Certificates and Assurances. All importation of plant food shall be accompanied by a certificate, an official certiflcate, or any equivalent type of assurance from the country of origin, taki ng into consideration CAC/GL 38-2001 (Guidelines for Generic Official Certificate Formats and the Production of Certificates). Such certificate or equivalent lype of assurance shall be Identified during the process of determining equivalence of food safety regulatory system, especially inspection and certiflcation system. Section 13. licensing of Importers. Prior to importation, all plant food impor ters are required to secure a License to Operate (L TO) from the BPI in accordance with DA Department Circular No. 4, series of 2016 Guidelines on the Importation of Plants, Plantin9 Materials and Plant Products (hereinafter referred to as DA DC 4, s. 2016), this Clrcular, and olher applicable guidelines. Licensing of importers shall be done jointly by the NPQSD and PPSSD. Licensing procedure shall include inspection of plant food establishments, which shall be guided by risk prof11ing and ris k categorization based on eslablishment type and plant food prot1le. o-.'A. fooa-secure 'Pfii[iyyines wrl li pro>yonw.lfurmer> antf (uficrfofli, DEPARTMENT' OF AGRICULTURE OFFICE~ THE SECRETARY CE~RUECOPY LOURDES B. PLECHAS OIC, RECORDS DIVISION Sccllon 14. Regis tration to the DA Trade System. All licensed importers shall register with the DA Trade System and. eventually, with the system that will be established by the DA in connection to the NSW. Section 15. SPSIC Reqt1irement. Food safety consicleralions shall be taken Into account in Lhe issuance of SPSICs. Importers of plant food shall secure an SPSIC with the BPI prior to importation in accordance with DA DC 4, s. 2016 and Lhis Circular. 15.1 NPQSD and PPSSD shall establish necessary protocol and administrative procedure to jointly facilitate processing and issuance of SPSICs. Section 16. Responsibility of Importers. The importers are res ponsible for ensuring that imported planl food meets the standards and requirements under existing laws, rules and regulations on food safety, as well as for taking corrective actions to prevent marketing of plant food that are not compliant with such standards and requirements. Section 17. Tndirect Transit Cargo. Cargoes of plant food, including die accompanying animal feedstuffs, which are discharged from the carrier and which may be unpacked or repacked in the port and/or Lransferred to another carrier for reshipment to th e country of destination or re-consigned elsewhere shall be considered as an importation into the Philippines and thus shall be subject to food safety inspection and/or final disposition as prescribed in thJs Circular. ARTICLE Ill EMERGENCY MEASURES SECTION 18. Food Safety Emergency Situations in the Country of Origin. In case of food safety emergency situation in the country of origin, the importation of plant food from such country may be prohibited through a Circular issued by the Secretary of Agriculture, upon the recommendation of the BPI Director. 18.1 On request by the CA of the exporting country, import prohibition may be lifted, through a Circular issued by the Secreta1y of Agriculture, upon the recommendation of the BPI Director, upon objective demonstration that d1e emergency situation has been addressed and that such food safety concern no longer exists. Section 19. Implementation of Control Measures with No Risk Cate9orizatio11/Risk t1nalysis. The BPI may provisionally adopt contrnl measures, even in the absence of r isk categorization or risk analysis, as precaution under the fo llowing circumstances: a. In cases of local emergency situations declared by national and/or internalional authorities, unforeseen events. or other situations posing an imminent danger to public health due to food-borne hazards; 0--JJ.-foo<f-secure 'PftiCiy pines w llft. y r,,.y:H!n 1u.l·f<1 r1,1 cr1 a,td" [i-llic ,:(ol'I.! :.Jt.r'AfHME:NI 0 ~ ~GR1CULl\JRE QFr1CE Of n ,E SECRE'TAAY CE~f'~UE COPY L0UROES e PLECHAS OIC. RECORDS DtVISION 9 b. Food safety hazar d has not been identified but relevant scienlific informalion suggests a link between consumption of a food and the appearance of serious health effects, c. Donation of plant food by ro reign or international organiza tions dur ing calamities; and, d. Other similar circumstances. ARTICLE IV IMPORT OF PIANT FOOD: BORDER CLEARANCE PROCEDURES Section 20. Documentary Requirement for Border Inspection. In addJtion to the documentary requirements for inspection u nder DA DC 4, s. 2016, specifi c certificates, officia l ce rtifica tes, or o ther type of assurances, as provided for in Section 12, shall be sub mi tled prior to inspection at the por tt of entry. Section 21. Border Inspection. No commodity of plant food shall be a llO\,ved entry into the country unless it is accompanied by the prescribed documents; submitted for inspectio n; and, based on r isk categorization, sampling by BPI designated offi cers at the port of entry. 21.1. For medJum and high risk imported plant food, inspect ion a nd sealing sha ll be done a t die storage facilities and shall not be 1-eleased unless inspect ion by the BPI is comple ted. The seal shall be broken only ln the presence of BPI personnel a t the fac ility. Section 22. Refusal of Entry or Seizure of Imported Commodities. Non-compliant imported plant food shall be s ubject to refusal of ently or seizure pursuant to the provisions of Section 28 ofDA DC 4, s. 2016. Section 23. Sampling and Laboratory Tes ting. Sampling of imported plant food shall be done randomly, unless high Food safety risk is involved. Sampling sha ll be done by BPI des ignated officers at the port of entry and the samples shall be submitted to BPI laboratories or BPI officially-accredited laboratories for testlng which may include but not be limited to heavy metals, pesticide resid ues, microbiological, mycotoxin and filth. as appropriate depending upon the identified risk during the IRA. The importe r or his authorized representative shal l bave the liberty to choose from among Lhe laboratories or BPI officially-accredited laboratories. Section 24. Monitoring of Compliance. The NPQSD and PPSSD sha ll maintain and ensure updating of the da tabase on the risk profiles and category of foreign exporting compan ies or exporters, importers, and imported plant food based on compliance with sanitary measures or fmporl requirements to gu ide frequency of border inspections as well as conduct of audit of the food safety regulatory system, especlaJly inspeclion and certifica tion system, of the expor ting cou ntry every four years . 0 .'A. fooa-see1u,e 'Pfi.iCiy pin es w rlfi yrmpcm u; {armc.-, a ndfr.,fier[tJrti 0EPARTMENfOFAGRJCULTURE OFrlCEOF '111E SECRETAIIY CE~rUECOPY LOURDES B. PLECHAS CIC, RECORDS DIVISION ARTICLEV EXPORT OF PLANT FOOD Section 25. Rules on the Exporl of Plant Food. Any export of plant food sha ll conform to the following: 25.1 The planl food for export conforms to the requirements of the importing country and this Circu lar; 25.2 The plant food for export complies with the PNS or the in ternational standards developed by the Codex on pathogenic microorganism, mycotoxin. biotoxin. pesticide res idues, heavy metals, banned pesticide, other physical or chemical contaminants, post-harvest handling, packing, storage, transporl of plant food, codes of practices, among others, adopted as technical regulation by the BPI. Regulatory standards used by other countries for export, ASEAN standards, and Department of Health-Food a nd Drug Ad ministration s landarcls may be used in the absence of Codex standards; provided that, such standards are eva 1 uated by competent authorities; and, 25.3 The plant food fo r export is from exporlers duly licensed by BPI. Section 26. Responsibility of Exporters. Exporters are responsible for ensuring th at exported plant food meets the food safety requirements of the importing country, this Circular, and other existing domestic laws, rules and regulations on food safely; commu11icating the requirements to plant food producers and suppliers; and taking corrective actions to prevent marketing of non-compliant plant food. Section 27. Licensing of Exporters. Prior to exportation, a ll plant food exporters and es tablishm ents a re required to secure an L TO with the BPI in accordance with procedures for mulated pursuant to this Circular and other applicable laws, rules and r egu lations. Licensing of e:>qJvrter:, :,lidll l.H:: Llune juinlly by Lhe NPQSD and PPSSD. Licensing procedure shall include inspection of plant food establishments, which shall be guided by risk profiling and risk categorization based on establishment type and plant food profile. Seclion 28. Moniloring of Food Safety Compliance. The BPI shall monitor licensed exporters and establishments for compliance to Good Agricultural Practices, Good Hygienic/Handling Practices, Good Manufacturing Practices, Good Storage Practices, and Good Transport Practices in accordance with PNS or Codex standards, recommenda Lions and guidelines. Section 29. Official Certificates. When requfred by the CA of the importing counu·y, the BPI shall issue an official certificate, upon objective demonstration by the exporter that the plant food for export satisfies all conditions and import requirements of the importing country, including attestation that the plant food: a. has been inspected; /l ..'A ~a-secure 'Pfii[iyyines ~ prnsper,ou., f a r llll!'> <111d'fulierf,1{1; DEPAR flvl€1'{1 OF AGRJCULTURE: OfflCE OF THE SECRETARY CER~ rl.JE COPY LOURDES B. PLECHAS OIC, RECORDS DIVISION II b. has been tested using appropriate procedures: and, c. substanlially compiles wiLh the food safoty requirements of th e imporling country. 29.1 The BPI may engage the CA of the imporling country in equivalence agreement for a sanitary measure or a group of measures involving a product or a category of products; or for cerUtkates or oLher types of assurances. Section 30. Monitoring of Compliance. The NPQSO and PPSSO shall maintain and ensure updating of the database on the risk pronles and category of exporters and exported plant food based on compliance with sanitary measures or import requirements of the importing country to guide trequency of inspections. ARTICLE VI SANCTIONS AND PENAL TIES Section 31. Grounds for Confiscation / Refusal of Entry. In addition to the grounds provided 111 Section 28 of DA DC 4, s. 2016, the imported plant food shall be refused entry/ confiscated at the po1·t of entry, if, from the initial examinalion conducted al the BOC designated examination area (DEA), lhe commodity has been found to have al least one of the following violations: a. If the commodity fails the organoleptic assessment during Inspection at the port of entry. In such case, the BPI designated officer shall collect samples for lmmediale con firmatory laboratory testing and recommend to the BOC appropriate action concerning the commodity proportionate to its risk; and/or, b. When the entry of plant food is prohibited pursuant to existing regulations. Section 32. Notification of Non-compliance from the CA of the Importing Country. For any notif1cotion from the CA of the i rnµu1·Li11g c;ountry, the BPI shall send a Show Cause Order (SCO) lo the concerned exporter, requiring the exporter to explain in writing the reported allegations or illegal act within forty-eight ( 48) hours upon receipt of the SCO. 32.1 The BPI sha ll conduct investigation/verification of the response lo Lhe SCO submllled within Lhe prescribed time. This shall be the basis for the validation/audit of the lmplcmentatJon of the corrective measures proposed by the exporters. 32.2 If there is a failure to respond favorably to the SCO, this shall merit suspension of the L TO of the Exporter and lhc BPI shall conduct an investigation and/or audit. Such suspension shall remain until the corrective measure/s has been Implemented subject to validation of the DPI. 32.3 Based on the investigation conducted by the BPI showing that the cause of non­ compliance was the farm where the commodity has been sourced, the BPI shall not allow ~ Joorf-.secure Pfiiftyymes w,1/i pYO>JICYlllO '"' »11.'r> a11d"Jo fic1 f11(fi. DEPARTMENT OF AGRICULTURE OfFICEOfTHESECRETARY GE~/7UE COPY LOURDES B. PLECHAS OIC, RECORDS DIVISION 12 4 the farm to s upply the said commodity for export to the country Lhat issued the notification until the corrective measure/ s has been implemenled subject to validation of the BPI. 32.4 Upon acceptance of the corrective measures by the BPI, the exporter shall be required to undergo the five (5) clean shipment mandatory testing for the said commodity in the Philippines and in the impor ting country. The cost of the laboratory analysis shall be borne by the expo rter. 32.S Sholtld there be detection during the five (5) clean shipment mandatory testing of the said commodity, IJPI shall send a SCO to the exporter, conduct re-investigation and double the mandatory resid ue analysis. 32.6 Moreover, any exporter w ho receives th ree (3) successive notifications of non­ compliance from the CA of any importing country within one (1) year reckon ed from the date of BPI receipt of first notice of non-compliance shall have its L TO revoked. 32.7 1f exporters, growers and/or packing facili ty fal l to comply with the audit requirements based on 32.1, the fo llowing sanctions shall be imposed : a. First offense - warning with the obligation to undertake corrective measures within the period prescribed by BPI. Failure to undertake corrective measures within the prescribed period shall be a ground for suspension of LTO/certificate of registration (COR). b. Second offense - suspension of license/registralion until the corrective measures have been implemented within the prescribed period by BPI. Failure to undertake corrective measures with in the prescribed period shall be a ground for revocation of L TO/COR. c. Third offense - revocation of L TO/COR with BPI and blacklisting. Section 33. Suspension of license. The BPI shall order the suspension of the LTO of the impor ter o r exporter based on any non-compliance as referred to in Section 31 or any of the following acts is committed or unjustified: a. Adulteration; b. Misbranding; c. Fals ification of the import or export documents; d. BPJ traceabi lity codes or company's internal codes in the boxes is not visible upon inspectio n a t the port of entry; e. Fraudulent practice/fraud; and, f. Improper labels/mislabeling . .'A fooa-secure Pfi i{i pyines w llli prmycm,ofar mcr:, andfolierfn/Ji. JEP•WfMEl'IT OF AGRICULTURE Jff .CE Of THE SECREl llRY r:ERTll"IE~rUE COPY HY" LOURDES B PLECHAS OIC. RECORDS DIVISION 13 33.1 The suspension shall remain in order until corrective and other necessary measures are undert.aken by the concerned imporler or exporter. Sec Lion 34. Revocation of LTO of Importers and Exporters. The following are grounds for automatic revocatio n of L TO of importers and exporte rs: a. Refusal to implement reca ll program a nd withdrawal procedures; b. Committing repeated violations or non -compliances resulting in three consecutive suspensions; c. The imported o r exported commodity is found, based on thorough investigation, to have caused illness or death; d. Refusal to allow the inspection of the storage and b·ansport facilities or any documents rela Led Lo importation or exporlat!on of plant food; e. Refusal to submit the plant food for inspection, testing, or sampling; and, f. Other analogous circumstances. Section 35. Notification to the CA of the Exporli11g Country and Issuance of SCO to BPI Licensed Importer. The BPI shall immediately notify the CA of the exporting country and issue an sea to the BPI Licensed Importer o r its representative in accordance to Section 32 of any non-compliance or violations comm itted as enumerated in Section 31, Section 33, and Sectio11 34. 35.1 Failure to comply with the sea, the BPI shall order the revocation of the LTO of the importer. 35.2 Following the first detection of confirmed non-compliance or violation, the BPI shalJ issue a warning notification to the CA of the exporting country. 35.3 Following the second detection of confirmed non-compliance or violations enumerated un der SecU011 31, a.ll consignments coming from the foreign exporting company or exporter shall be subject to 50% mandatory inspection. Additional certifica tes, an official certificate, or other type of assurance may be r equired for every succeeding consignment until corrective and other necessary measures are undertaken by the concerned foreign exporting company o r exporter. 35.3 Detection of repeated non-compliance shall result In Lhe suspension of the foreign company or exporter from exporting to the Philippines. The suspension shall re main in order until corrective and other necessary measures are undertaken by the company or exporter. 35.4 Any fo reign company or exporter sha ll be suspended from exporting plant food to the Philippines if such company or exporter committed a ny of the acts enumerated under Section 33. The suspension shall remain until corrective and other necessary measures are undertaken by the concerned company or exporter. ~oa-secure Pfii[iyyines wlllipro~pl!.ruwfanncr~ ancffo fi,n:(ofli. 14 DEPARTMENT OFAGRICULTIJRE OFFICE OF THE SECRETAAY CE~PUE COPY LOURDES B. PLECHAS OIC. RECORDS DIVISION Section 36. Removal from the List of Foreign Companies or Exporters. Any for eign exporting company or exporter shall be removed fro m the list of recognized companies or exporters to export plant food to the Philippin es i f s uch company or exporter found to have committed any non-compliance or violation enumerated under Section 34. Section 37. Suspension and Revocation of System-wide Equivalence Agreement. The DA, upon recommendation by the BPI. sha]I suspe nd the recognition of equivalence of the food safety regulatory system, especially the inspection and certification system, of the exporting country, if fou nd that, based on facts and evidence collected and presented, 50% of its endorsed exporting companies or exporters have repeatedly committed violations enumerated under Section 31 or any of the violations stipulated under Section 33. The suspension shall remain un til corrective and other necessaiy measures are undertaken by the CA of the exporting country. 37.1 The DA. upon recommendation by the BPI. shall revoke the recognition o f equivalence of the food safety regula tory system, especially the inspection and certification system, of the exporting country, if fo und tbat, based on facts and evidence collected and presented, 50% of its endorsed exporting companies or exporters have committed any of th e violations enumerated under Section 34-. 37.2 In either cases, the BPI s hall Immediately notify the CA of the exporling country of the suspension or revocation. Section 38. Sanctions imposed without prejudice to prohibitions, penalties and sanctions provided in RA 10611, applicable Jaws and other administrative issuances. Sanctions imposed pursuant to this Circular shall be without prejudice to the prohibitions, penalties and sanctions in Sections 37 and 38 of RA 10611, applicable laws, and other administrative issuances. Section 39. Effects of Revocation of Registration/License. a. Any FBO/establishment whose L TO/COR has been revoked shall be deemed blacklisted and included in the list of blacklisted or delinquen t licensed exporter, importer, grower, company, food safety compliance officer. trader, broker. or establishment; b. Exporters, importers, grower, designated food safety compliance officer o r broker, including l icensed company or establishments. who are blacklisted shall not be qualified to re-apply for licensing/registration; c. The 11st of all blacklisted or delinquent exporters, impor ters, brokers, grower, food safety compliance officer, companies, and establis hments, Including those with expired L TO/COR s hall be pub lished and uploaded at the OA and bureau/agency website. ,,,,----;:) .J-.lfaer,i-secuYe 'Pfii[iyyines e-;::----:,ui prw, perow J «rmcr, and' jL,·fiarJc,n:.. 15 DEPARTMENT OF AGRICULTURE OffC f OFThESECRFl"'A'I' CE~rUE COPY LOURDES B PLECHAS OIC. RECORDS DIVISION Section 40. Rig htto Appeal. Any r-BO/establish mcnt aggrieved by an nclfon or decisio n of the BPI Direclor under this Circular may a ppeal Lo Lhc Secr etary within Lhe Ofleen (15) days from receipt of the decision. ARTICLEVH MISCELLANEOUS PROVISIONS Section 41. Collection of Fees. The BPI shall formulate schedule of fees fo r lnspeclion, cer t ification, clearances, testing, and others, on imported and exported plant food sub ject to public consullation. Provided, that importations and expor tations of al l gove rnment agencies; government owned or con trolled corporations; donations to and fo r the account of any duly registered relief-organizations; or any charitable institution certified by the DeparLment of Socia l Welfare and Developmenl; embassies of foreign governments; a nd those that maybe declared by the President. upon the recommendation of the National Econom ic and Developmenl Authority, in the inlerest of economic development, a re exempt from payment of s uch fees excluding, however, the expense incur red in commodity treatment. Until such t ime that schedule of fees in accordance with this Seclion has been issued, the relevant provisions of DA Administrative Circular No. 9, series of 2015, as amended, shall apply. Section 42. Appointment and Desi911atio11 of FSO. The BPI D.irector shall appoint or designate, through a Memorandum Order, an FSO who shall act as his representative in implementing and enforcing the provisions of this Circular. Section 43. Authority to Promulgate Manual of Operations, Standard Operating Procedures and Protocols. The BPI Director shall promulgate manual of operations, standard operating procedures and protocols consistent with this Circular, and other· applicable guidelines For the implementation and enforcement of th is Circular. 43.1 The BPI Director may promulgate circulars that shall include but not be limited to the fo llowing: a. Official declaration of non-compliant plant food; b. The official control of the cultivation, production. manufacturing for minimal processing, storage, transport, packrng, labelling and sale of a ll types of plant food; c. Construction, inspection and maintenance of plant food businesses and establishments; d. Tl1e places at which, and th e conditions, under which, crops are produced for plant food; e. The importation and exportation of plant food; includ ing any dornmentation and inspection required; ~a-secure 'Pfii[i p pines w ,CJi y, o~ye~ ,no j tH men ,v1c[ Jt.>Fie~JC,rti. I (, DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY CER~~JRUE COPY LOURDES B. PLECHAS OIC, RECORDS DIVISION f. The procedures applicable for the issuance of suspension and cancellation/revocalton of licenses lo operate a plant food business; g. The acceptable level of contaminants in plant food in accordance with Sectfon 4.3 and Section 25.2; h. The procedures to be followed by FSOs. FSCOs, Official Analyst, omc,al Laboratories and Offlcially-accred iled Inspection, Certification and Training Services Providers in Lhe exercise of their functions under Lhe Food Safely Act; i. The final disposition or destruction of non-compliant planl food; J· The forms to be used for the purposes of lhe Act, Including applications, licenses, permits, improvement notices and receipts for articles sampled or seized. 43.2 This Circular shall be in conjunction with DA DC 4, s. 2016 concerni ng plants and plnnt products that are imported as plant food. Section 44. Continuous Communication and Education of Importers and Exporters. The BPI shall Implement, In partnership w1Lh relevant agencies or offices under the DA or BPI officially accredited tram111g service providers. a Continuous CommunlcaUon and Educalion Program for importers and exporters aboul the requirements on Philippine food safety law, rules and regu lations Including any problems of food safety concern. Section 45. lnspecllon and Audit of Plant Food Control System. The BPI shall create an oversight program for the inspection and audi ting of imported plant food control system including. but not limited to, Importers· compliance wilh Lhis Circular and oLher food safety requirements. Section 46. Upgrading of Regulato,y laboratories and Official Accreditation of Public and Private Testing Laboratories. The BPI shall upgrade its relevant regulatory laboratories 111 accordance with tJ1e DA harmonization or regulatory laboratories to meet required standards fo r accreditat10n for crop protection, plant quarantine, and food safety. The BPI may officially accredit testing laboratories Lo conduct tesling and certification services on its behalf. Secllon 4 7. Official Accreditation of Training Service Providers for Training of FSCOs and FBOs. The BPI shall officially accredit training service providers to conduct on Its behalf trainings for FSCOs/FBOs on food safely laws, rules and regulations, nationa l and 111lernat1onal s tandards, protocols and other relevant issuances. ART1CLEVHI FINAL PROVISIONS Section 48. Transitory Provisions. For importers and exporters who are accredited/registered with BPI prior Lo the effectivity of this Circular, their accreditation/registration shall be duly recognized. The provisions on licensing under this Circular shall be applied upon renewal ofllcenses. a--:.-!:~ocf-secure Pfr.iltyyine.} ivr/ fi pros perou.l fa, rm~r.) an<f fufirrfnfR 17 Of PAPT'lv>ENf OF .<>.GR I CULTURE OFl"ICEOF T•lESECRE1•RY CER~?RU€ COPY LOUROES B PlECHAS OIC. RECORDS DIVISION 48.1 For exporting countries which have been exporting certain p lan l food to the Philippines and plant food which has been allowed entry into the country prior to Lhe effectivity of this Circular, the BPI-PPSSD shall conduct risk analysis and determination of equivalence of food safety regulatory system, especially inspection and certification system, within six (6) years after the effectivity of this Circular. Section 49. Repealing Clause. Articles If, Ill, IV, VI, VIII and IX of DA DC 4, s. 2016 are amended or modified accordingly. All other department orders, memorandum circulars, rules and regulations an d protocols inconsistent with the provision of these rules c1nd regulations ar e, hereby, likewise, repealed, amended, or modified accordingly. Section SO. Separability Clause. lf a ny provision of this Circular is declared invalid or unconstitutional, the other provisions not a ffected thereby shall remain in full force and effect. Section 51. Effectivity. This Circular shall take effect fi~een (15) days after its com p lele publication in two (2) newspapers of general circulation and submission of copies to the National Admin istrative Register, UP Law Center. Done this ~oft., of~ 2020. ~ ~, C ,C2,,/ 'witLIAM D. DAR, Ph.D. Secretary 0ErAllT"1iNT OF t.O~CUlT\JIII:( 111m1ma1111m1t111111111m1111111mt1u1 In nplylng: .PII c,t, tnll code For Signature: S-03-20-0312 A:U♦h1•ct G-3J1 1/2020 0A 39 PM OEPARTMf:NT OF AGRICULTURE. OFFICE OF T'HE SECRETARY ' E~ ~RUE COPY LOURDES B PLECHAS O!C, RECORDS DIVISION