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Rules, Regulations and Procedures for Importation of Fish and Fishery / Aquatic Products
I. Fresh / Chilled / Frozen and Fishery Aquatic Products
Policy Guidelines:
- Republic Act No. 8850
- Fisheries Administrative Order No. 195, series of 1999
- Fisheries Memorandum Order No.001 series of 2000
The importation of fresh/chilled/frozen fish and fishery/aquatic products shall be allowed when certified as necessary by the Secretary in order to achieve food security taking into consideration public welfare and safety, in consultation with the NFARMC; Provided, That the importation of fresh/chilled/frozen fish and fishery/aquatic products for canning and processing purposes including importation undertaken by institutional buyers does not require such certification; Provided, Further, That all importation satisfies the Permit to Import and Sanitary and Phytosanitary (SPS) requirements as provided under Section 67 of Republic Act No. 8550, the Hazard Analysis and Critical Control Points (HACCP) Standards.
The certification which shall be valid for ninety (90) days, would state the volume of fish to be imported.
Basis for the Issuance
- The importation is necessary for food security.
- There is serious injury or threat to domestic industry that produces like or directly competitive products.
Fish and Fishery / Aquatic Products to be imported into the Philippines shall meet the following standard and requirements:
a. International Health Certificate from the Country of Origin - Fish and fishery/aquatic products coming into the Philippines intended for distribution and for further processing shall be certified by authorized or competent regulatory agency from the country of origin. The International Health certificate shall be issued on the basis that the following requirements have been met:
- Fish and fishery/aquatic products meet the quality of fresh fish prior to freezing shall be graded accordingly to size.
- The fishery products must be handled and processed hygienically in processing plants and/or freezer vessels.
- Frozen fishery products must be kept and maintained at -18°C or lower during transport.
- Fish and fishery/aquatic products must be subject to visual inspection for parasite check. Fish infested with parasites, must be removed from the batch.
The International Health Certificate shall be supported with the following laboratory test results, which shall not exceed for the indicator organisms, such as:
Total viable count 100/gramE. Coli 10 to 100/gramSalmonella absent in 25 gram sampleShigella absentVibrio Cholerae absentThe International Health Certificate shall accompany the consignment of fish and fisher/aquatic products and shall be presented as part of the documentation requirements upon arrival.
b. Special Health Control Requirements - Fish and fishery/aquatic products covered by the following families: Scombridae
(tuna and tuna-like species and mackerel) and Clupeidae (sardines) shall be subject to chemical analysis for histamine. Examinations shall be carried out in accordance with internationally recognized methods. The results of the test shall not exceed 20 mg./100 gm. And shall be included i the Health certificate requirement.
c. Packaging and Labeling 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 used for fresh fish held under ice should be provided with adequate drainage for melted water.
The following information shall appear on the packaging and on the accompanying documents:
- the country of origin written out in full
- species of fish/fishery products weights and content
- address of supplier
- BFAR Inspection stamp mark
Frozen fishery/aquatic products imported in bulk intended for further processing are not covered by this requirement.
d. Storage and Transport - Fish and fishery/aquatic products, during storage and transport, shall be stored at temperature requirement for specific products.
- chilled fresh fish and fishery products shall be stored and maintained at 0 to 4°C
- Frozen fishery products, with the exception of frozen fish in brine intended for canning shall be stored at -18°C or below during transport, allowing not more than 3 degrees upward fluctuation in temperature.
Issuance of a Permit to Import
A Permit to Import may be issued only after an application thereof has been filed and the applicant has paid the Permit Fee of One Thousand Five Hundred (P1,500.00) Pesos, and such other charges for administrative and technical services rendered in connection with the importation.
Inspection Requirements. Upon arrival, imported fresh/chilled/frozen fish and fishery/aquatic products shall be subject to the following inspection requirements:
a. Documentation. Inspection/verification of accompanying importation documents (original copy of Permit to Import, photocopies of International Health Certificate from duly accredited laboratory and/or Sanitary and Phytosanitary Clearance/ Certificate from the competent authority of the country of origin, Airwaybill/Bill of Lading and invoice) must be presented and surrendered to 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 disposition. All expenses involving storage, return to origin and disposition of the shipment shall be borne by the importer.
b. Physical Examination. Adequate sample of imported fishery product for laboratory examination shall be collected randomly by technical personnel of the Bureau for sensory/organoleptic examination. Fresh, chilled, and frozen fish and fishery/aquatic products shall meet the quality requirements based on organoleptic checks on the standards for fresh/chilled/frozen fish and fishery/aquatic products. Each batch of imported fishery products shall be subject to examination at the time of landing. The local government unit shall be responsible for the examination of fish and fishery products during distribution to markets and outlets.
c. Microbiological Analysis. All imported fishery products shall be subject to microbiological examination. After laboratory examination, if imported products does not meet the required quality standard, the whole shipment shall be committed to a storage facility while further laboratory examination 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 products shall be chargeable to the importer.
d. If upon inspection the imported fish or fishery/aquatic product does not met the quality requirements prescribed by the Bureau, or prohibited fish and fishery/ aquatic products are included in the importation, the same shall be removed immediately, and in case of the latter, confiscated, and the importer shall, in addition, be penalized in accordance with the provisions of applicable laws, rules and regulations.
e. Issuance of Fishery Sanitary and Phytosanitary (SPS) Certificate for the release of the imported fishery product.
f. Should any portion of the imported fish and fishery/aquatic products intended for non-human consumption be sold, utilized, or distributed for local human consumption, the importer shall be permanently disqualified from applying for subsequent importation of fish and fishery /aquatic products, and shall be penalized in accordance with Section 12 of this Order, Provided, However, That the imported fish or fishery/aquatic products shall be immediately confiscated and forfeited in favor of the government.
g. Should any portion of the imported fish and fishery/aquatic product intended for canning and processing plants and any portion of the importation by institutional buyers be sold or diverted to the local wet markets, the importer shall be permanently disqualified from applying for subsequent importation of fish and fishery/aquatic products, and shall be penalized in accordance with Section 12 of this Order: Provided, However, That the imported fish or fishery/aquatic products shall be immediately confiscated and forfeited in favor of the government.
II. Live Fish
Policy Guidelines:
- Republic Act No. 8850
- Fisheries Administrative Order No. 221, series of 2003
- Fisheries General /memorandum Order No. 119
Information Requirements
a. For Low Risk Species. (Species, such as aquarium fish, that are perceived to present no ecological, genetic and disease threats to native Philippine species and to aquaculture.) - Duly accomplished form. Risk analysis shall not be required except when there is a reported significant disease outbreak in the country of origin.
b. For Medium Risk Species. (Species used in aquaculture or in aquarium or ornamental fish grade considered by BFAR to pose potential environmental impact. This may include species both native or transferred species and previously introduced species in natural bodies of water.)
- Duly accomplished form;
- Duly accomplished proposal form with emphasis on health, ecological and genetic impacts of the proposed importation;
- Import risk analysis by the IRA Panel;.
- Health certificate from the competent authority of the country of origin to be presented upon arrival of the consignment at the NAIA or other designated ports of entry. On a case to case basis, BFAR may specify certification requirements for individual species and/or shipments to ensure freedom from specified diseases as deemed necessary; and
- The quarantine and inspection requirements shall be based on the decision of the BFAR IRA Panel which may require a quarantine period of 24-28 days on a case to case basis after the release of the shipment from the airport to the BFAR’s quarantine facility, with costs to be borne by the importer.
c. Forh High Risk Species. (Exotic species known for its potential use for food or sport which have not been introduced in Philippine waters, to include fish for aquarium/ornamental trade that may most likely pose adverse environmental impact. This may include exotic species for food or sport that have been introduced into the country but with limited distribution and GMOs and species the eradication or restriction of which is considered desirable.)
- Duly accomplished form;
- Duly accomplished proposal form with emphasis on health, ecological and genetic impacts of the proposed importation;
- Import risk analysis by the IRA Panel;
- Health certificate from the competent authority of the country of origin to be presented upon arrival of the consignment at the NAIA or other designated ports of entry. On a case to case basis, BFAR may specify certification requirements for individual species and/or shipments to ensure freedom from specified diseases as deemed necessary; and
- Quarantine and inspection until the first generation (F1) offspring for high risk species (to be imposed after the release of the shipment from the airport to the BFAR’s quarantine facilities, with costs to be borne by the importer.
d. Prohibited or Banned Species. (Species for importation under national and international laws or agreements. This includes exotic species the importation of which is prohibited due to their known adverse effect on local fauna, human health and the environment.) - shall not be issued any import permit.
Issuance and Duration of Import Permit - An import permit shall be issued by the BFAR Director for every shipment after an application therefore has been filed and all requirements pursuant to this order have been satisfied. Such permit shall expire thirty (30) days after its issuance.
Inspection - Upon arrival, the consignment shall be subjected to the following inspection requirements:
a. The importer shall submit the original copy of the import permit, photocopies of the pro-forma invoice, packing list and airway bill (bill of lading) to the BFAR Fisheries Quarantine Officer for low, medium and high risk species. In the case of medium and high risk species, a copy of the health certificate shall accompany each consignment/shipment. This shall also apply to hand carried shipments. Consignments not accompanied by import permit and/or health certificate shall be confiscated and destroyed.
b. The Fisheries Quarantine Officer shall check the species identify and conduct visual inspection. If the fish is clearly unhealthy, he shall require the consignee to treat the shipment in the importer’s holding facility under the supervision of a fish health officer or if the unhealthy fish poses high risk of contaminating healthy stocks, the shipment shall be confiscated and destroyed. A laboratory examination of the shipment shall be conducted by the BFAR Fish Health Officer at the expense of the importer.
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