DA Administrative Circular No. 07, Series of 2018 on the Guidelines on importation of Roundscad (Decapterus spp.) for wet markets covered by the Certificate of Necessity

Republic of the Ph.ilippines OFFICE OF THE .SEC.RETARY Elliptical Road, Diliman Quezon City 1100 Philippines D.A ADMINISTRATIVE CIRCULAR No. Ot · SERIES OF.2018 August 31,2018 SUBJECT: Guidelines on importation of Roundscad(Decapterus spp.) for wet markets covered by the Certificate of Necessity with effective date from September 1, 2018 . In order to ensure food security ia.king into consideration public .welfare and safety and in accordance witb the provisions of Section 61 (c) and (d); 62, 67 and 10.5 of Republic Act . 8550, .as amended by Republic Act 10654, and Fisheries Ad1nmistrative Order No. 195,I, . . , ~ . EMMANUEL F. PINOL, Secretary of the ·Department of Agriculture, by the power vested in · 111e, do hereby isst1e this Circular providu1g for the guidelines governing the importation of Rot1ndscad(Decapterus spp.)covered by the Certificate of Necessity with effective date September 1, 2018 . ' . ~ . : SECTIQN 1 . .. , ~ - . ~ •' : : .. ; . ' D.efinjtjon of Terms and Phrases . .. For purp6ses: of this Order, the .followfngphrases and terms s}lall mean: . . ' ' . . . a) ·. · · App:ltcationform to Import (AFI) - a document required by BFAR to be filled up by the qualified importer indicat!ng the purpose of the importation, species or kind of fish, volume to be Imported, and country of origin. b) Fresh fish - refers to freshly caught fish, which has not undergone any processing or preservation treatment. , . c) Frozen.fishery/aquatic products - fish/fishery/aquatic product which have been subjected to a freezing process sufficient to reduce.the temperature to 182C (02 F) to . preserve its quality and to maintain said product at th'is temperature. . . d) · International Health Certificate - refers to a written guarantee issued by an authorized or competent regulatory agency from the ,country of origin, certifying that the fish and fishery /aquatic products have been handled, processed and packed in hygienic manner and does not contain microorganisms that may pose food safety hazard. \ e) Sanitary and Phytosaniiary Import Clearance (SPSIC) - document issued by the concerned DA bureau or agency prior to importation to ensure that the products being imported meet SPS measures to protect human, animal or plant life or health, ensuring that the agricultural and fishery products are safe for consumers, and to prevent the spread of pests or diseases among animals or plants. Such document also prescribes the ·pre-entry conditions to b.e complied.. by the exporting country and the post-entry conditions for the maintenance of .quality and suitability of the product for the intended purposes. f) Wet market - is a public or private market where most of the food commodities for sale are generally unprocessed and perishable. SECTION 2 Designation of Navotas Fish Port for the Trading of Imported Fish for Wet Markets To facilitate monitoring of imported fishery products, all imported Roundscad destined for the wet markets .shall be coursed through and traded at theNavotas Fish Port; Pro,,idedthat, prior to trading, the Philippine Fisheries Development Authority (P.FDA) shall require from the importer the following documents covering the ·imported fish: " a) b) . c) d) e) f) International .Health Certificate from ·the country of origin; Sanitary and Phytosanitary l!Ilport Clearance (SPSIC); . Certificate of Origin; Bureau of Customs Entry Declaration; Bill of Lading/ Airway Bill; and Impor~ Packing List. · SECTION 3 Transport Clearance All imported Roundscad destined for · wet markets, after having been traded in theNavotas Fish Port, prior to transport or transfer to the final market of destination shall secure and be covered by a Transport Clearance issued by the PFDA. The transport clearance shall contain the following information: a) Name of Importer; • . .. .. b) Name of Shipper; c) Name of Trader; d) Address of Trader; e) Primary and secondary markets of destination; and f) Suggested Retail Price of the Imported Fish when sold in the wet markets. Only retailers with valid Permit.to Conduct Business (PTCB) inside the fish port issued by the PFDA shall be issued with Transpo.rt Clearance. SECTION4 Qualified Importers for Wet Markets The following .are the qualified importers for wet markets: a) members of an organization or association from co1nmercial fishing sector that have been in existence for at 1east three (3) years prior to the effectivity of this circular.; and b) . registered .fisheries associations or cooperatives that have been doing fish trading business and in existence for at least three (3) years prior to the effectivity ofthis circular. Provided that, at least eighty percent (80%) of the Maximum Importable Volume of Roundscad destined for wet markets shall be allocated to members of an organization or association from commercial .fishing sector.. I P~ovided furth~r that, accredited . imp.orter.s of fresh .chilled/froze~ fish and fishery/aquatic products for canning/processing or for institutional buyers .shall not be qualified to import Roundscadfor we; markets. ' SECTION 5 Accreditation of Importers ' ' All importers of Roundscadshall apply for accreditation with the PFDA and comply with the following documentary requirements. a) b) c) d) e) f) Letter of Intent addressed to the General Manager of the PFDA; Certified True Copy of valid registration certificate from DTI (for sole proprietorship), SEC (for corporations), CDA (for cooperatives), or DOLE (for·associations and organizations). Certified True Copy of valid Mayor's/Business Permit; Certified True . Copy of valid BIR Registration and company /sole . proprietorship Tax Identification Number (TIN); . . Name of cold storage facility located inside the NavotasFish Port Complex, which must be compliant with the sanitation standard operating ·procedure as approved by DA-BFAR; and Valid Permit to :conduct Business (PCTB) issued by the PFDA. Provided that, the accredited importershallfurnish DA-BFAR a copy of the Certificate of Accreditation together with the copies of the abovementioned documents, prior to the filing of the Application Form to Import.The PFDA, within forty-eight ( 48) hours from tl1e importer's registration, shall endorse to DA-BFAR the newly-registered importer. All expenses including that of a.ccreditation shall be borne by the importer. SECTION 6 Filing of Application to Import After complying with the guidelines set forth under the preceding section, an importer may file a duly accomplished Application Form to Import (AFl) for importation of Roundscadwith the Office of the BFAR Director, at least five (5) days prior to its importation, and with ·a non-.refundable application fee of One Hundred and Fifty (PlS0.00) Pesos accompanied by the following documents: a) Pro-forma/ comi:nercial Inv.oice; b) International Health Certificate of the country of origin; and c) Disposition report of the previous importation, duly signed and verified by the PFDA, using the ·BFAR prescribed format (for repeat importation). SECTION 7 Issuance of SPS Import Clearance (SPSIC) . . . . . . . , SPSIC may be issued by the Secretary of Agriculture or his duly authorized representative only after an application thereof has been filed in accordance with the preceding Section .and the applicant has paid the SPSIC fee of One Thousand Five Hundred (Pl,500.00) Pesos, and such other charges for administrative and technical services r endered in connection with the importation. The indicated amount covers the ..mandatory standard microbiological examination co nducted on all imported Roundscad. A separate charge for specialized laboratory examinations (for antibiotic residue, heavy metals traces, etc.) m~y be imposed when such examinations are deemed necessary. SPSIC issued under this Order shall .exp.ire in forty-five ( 45) days from the date of issuance, SECTION 8 .Requirements for Importations Roundscad to be imported into the Philippines destined for wet markets shall meet the following .standards and requirements: a) International Health Certificate from the country of origin. The "International Health Certificate shall be supported, whenever applicable, with the .following laboratory test results, which shall not exceed for the indicator organisms, such as: HEAVY METALS ALLOWABLE LIMIT 1. Cadmium · 2. Lead 3. Mercu MICROBIAL ANALYSIS ·· ALLOWABLE LIMIT 1. Total vial:ile count 500,000 cfu/g 2. E. coli 11 MPM/ l! fish and fisherv 3. Shellfish meat 16 MPN/g 4. Live Shellfish 23 MPN/g 5. Stavhvlococcus Aureus 1000 'MPN/g 6. Salmonella .absent.in 25 gram samole 7. Shiaella absent 8. Vibrio-cholerae absent By-product of microbial metabolism 1. Histamine 20 mg./100 gm.(200 oom) ANTIBIOTIC ANALYSIS ALLOWABLE .LIMIT 1. Chloramvhenicol Zero detection 2. Nitrofurans Zero detection b) Packaging and Ja be ling requirements. Fish and fishery /aquatic products must be packed under hygienic condition to preclude contamination from lubricants, oils, fuels or any hazardous .substances. Packaging materials shall not impair the sensory attributes of the fishery products .and shall not·transmit harmful substances. Packaging materials use.d for Roundscadheld under ice shou1d be provided with adequate drainage for melted water. The following information, which shall have English translation, shall appear on the packaging and / or labelling and on the accompanying documents: 1.. the country of origin; . ·2. species of fish/fishery products; 3 . fishing ground (FAO Zone Number); 4. net weights; 5. name and address of processor or manufacturer; and 6. lot code or batch code or production code . . Provided that, during the selling of the said Rounds.cad in the market of final destination, appropriate notice shall be made to appraise the buying public that the said Roundscad are imported. · c) Storage and transport.The imported Roundscad,during storage and transport, shall be stored at temperature requirement for specific.products, such as: 1. Chilled Roundscad .shall be stored and maintained at O to 4QC; and 2. Roundscadshall be stored at -182 C or below during transp.ort, .allowing not more than 3 degrees' upward fluctuation in temperature. d) Inspection Requirements. Upon arrival at the accredited port of entry, fmported Roundscadshall be presented to the Fisheries Quarantine Officer of DA-BFAR for inspection of the following: 1. Documentation and inspection/verification of imported Roundscad and . . accompanying documents, as follows: a) certified true copy of International Hea1th Certificate; b) laboratory test resu1t from duly accredited laboratory; c) .Sanitary and ·phytosanitary l1nport Clearance/ Certificate issued .by the competent authority of the country·of origin; d) airway bill; e) bill of lading; and f) pro forma or commercial invoice shall be .available for verification by the inspecting Fishery Quarantine Officer. In the absence of a certified true copy by the importer of the International Health Certificate from the country of origin, the shipment shall be committed to a storage facility for a period of not exceeding ten (10) days to allow the 'importer to submit .such documents. Failure to comply within the specified period, the . shipment shall be returned to the country of origin, otherwise, forfeited in favor of the government for its proper dis position. All expenses involving .storage, return to origin and disposition of the shipment shall .be.bo.rne by the import~r. 2. Upon arrival at the cold storage located inside the fishport, the 2nd border inspectors of BFAR will conduct thorough inspection to check the possibility on the occurrence of the following: i. co-mingling; i'i. signs of thawing; · . . iii. ·violation of the labelling requirement; iv. tampering of sea1; · v. presence of prohibited commodities; vi. .misdeclaration of product and/or volume; and vii. technical smuggling. Roundscadthat are not compliant with the Sanitary and Phytosan'itary (SPS) requirements and Technical Barrier to Trade (TBT) agreements shall be returned to the country of origin or forfeited in favor of the government for its proper disposition. All expenses involving storage, return to origin and di~position of the shipment shall be borne by the importer:. 3. Adequate sample of imported Roundscad for laboratory examination shall be collected randomly by technical personnel of the DA-BFAR for sensory /organoleptic examination. The imported Roundscad shall meet the quality requirements based on organoleptic checks on the standards for-fresh chilled/frozen fish and fishery/aquatic products. 4. Imported Roundscad shall ·be subject to random microbiological examination and other applicable tests including test for Trimethylamine. After laboratory examination, if imported product does not meet the required quality standard, the whole shipment shall be committed to a storage facility while further laboratory exa.mination shall be conducted on random samples to technically determine the quality of the products. If found unfit for human consumption or does not meet the required standard, the said container shall be returned to the country of origin. Fees and charges incidental to examination and storage of imported Roundscad shall be chargeable to the importer. If upon inspection the in1ported Roundscad does not .meet the quality .requirements prescribed by the DA-BFAR, or if prohibited fish and fishery/ aquatic products are jncluded in the ·importation, the same shall be .removed 'immediately, and jn case of the latter, confiscated, and the :importer . shall be penalized in accordance with the provisions of applicable laws, rules and regulations. SECTION9 Repealing Clause All existing Administrative Orders, rules and regulations or parts thereof, which .are inconsistent with the prov1s1ons of this Circular, are here.by repea1ed or modified accordingly. .SECTION 10 SEPARABILITY CLAUSE If any portion or provision of this Circular is declared unconstitutional or invalid, the other portion or portions thereof, which are not affected thereby, shall continue in ·full force and effect. SECTION 11 EFFECTIVITY This Circular sha11 take effect -immediately after its publication in the Official Gazette or in one (1) newspaper of general circu1ation, and registration with the Office of the National Administrative Register (ONAR), and shall remain in force until the expiration of the Certificate of Necessity unless earlier revoked by the Secretary of Agriculture. 31s t day of Aug 018, Quezon City, Metro Manila, Philippines. EMMANUEL F. PINOL . Secretary DSPAIITMEMT.OF AO~ICU,TURe 1 IIIKIII g 111111111111111 m 11111111 lnl n lllt nm II m II I~ 11111111 In rtplylng pit en, thl• code : For Signature: 8·08-18-0477 Rtctl\ffd : 08/3112018 05:20 PM