EXECUTIVE ORDER NO. 137
EXECUTIVE ORDER NO. 137 - PROVIDING
FOR THE IMPLEMENTING RULES AND REGULATIONS GOVERNING THE DEVOLUTION OF
CERTAIN POWERS AND FUNCTIONS OF THE NATIONAL MEAT INSPECTION COMMISSION
TO THE LOCAL GOVERNMENT UNITS PURSUANT TO REPUBLIC ACT NO. 7160,
OTHERWISE LOCAL GOVERNMENT CODE OF 1991
WHEREAS, Section 17 of Republic Act
No. 7160 provides for the establishment and operation of public
slaughterhouses as one of the basic services and facilities to be
undertaken by cities and municipalities;
WHEREAS, Sec. 447(a) (3) (vii) and (5) (ii), (iv) and similar
paragraphs of Sec. 58 of Republic Act No. 7160 provided that the
sangguniang bayan and sangguniang panlungsod shall enact ordinances
that shall regulate the sale of meat, fish, vegetables, fruits, fresh
dairy products, and other foodstuff for human consumption; establish or
regulate the construction and operation of public markets,
slaughterhouses or animal corrals; or grant a franchise to any person
to establish and operate the same as may be allowed by existing laws;
and to levy, assess, collect taxes, fees, and charges as may be
necessary for these purposes;
WHEREAS, Sec. 489 (a) (2) (3) (i) (iii) of Republic Act No. 7160
provides that there shall be a local veterinarian in every province and
city, and if a municipal government deems it necessary to appoint a
municipal veterinarian, who shall advise the governor or the mayor, as
the case may be, on all matters pertaining to the slaughter of animals
and the regulation of slaughterhouses and other veterinary related
services in the preparation and preservation of meat, milk and dairy
products;
WHEREAS, Republic Act No. 7394, otherwise known as the Consumers Act of
the Philippines, provides that the Department of Agriculture shall
inspect and analyze consumer products related to agriculture to
determine conformity to established quality and safety standards; and
to levy, assess, collect, and retain fees as are necessary to cover the
cost of inspection, certification, analysis, and test of samples of
consumer products;
WHEREAS, the National Meat Inspection Commission (NMIC) of the
Department of Agriculture, created under Presidential Decree No. 7 and
Letter of Instruction No. 16, is responsible for promulgating specific
policies and procedures governing the flow of livestock and livestock
products through various stages of marketing and the proper
preservation and inspection of such products;
WHEREAS, there is a need to harmonize the various provisions of the
Local Government Code of 1991 and the Consumers Act of the Philippines,
including the role of the National Meat Inspection Commission in the
establishment, operation, and regulation of slaughterhouses, livestock,
and meat inspection, and the imposition and collection of fees and
other charges rendered thereon;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, and upon recommendation of
the Oversight Committee created under Sec. 533 of Republic Act No.
7160, do hereby order:
Section 1. Construction, Improvement, Expansion, and
Operation of Slaughterhouses. — To prevent wastage in terms of time and
valuable logistics and to maintain a uniform, high standard of
sanitation in the operation and maintenance of slaughterhouses, the
NWIC and the LGUs concerned shall perform the following:
(a)
The city or municipality:
(1)
shall, by ordinance, establish and operate a public slaughterhouse. In
the construction, improvement, and expansion of such establishment, the
city or municipality shall conform to applicable local and national
policies, standards, and guidelines. For this purpose, the concerned
local government unit may seek the assistance of the NMIC and other
government agencies;
(2) shall,
upon approval by a majority vote of all the members of the sangguniang
panlungsod or sangguniang bayan, grant a franchise to any person,
partnership, corporation, or cooperative to establish, construct,
operate, and maintain slaughterhouses as may be allowed by applicable
laws, provided that cooperatives shall be given preference in the grant
of such a franchise;
(3) shall, by
ordinance, sell, lease encumber, or otherwise dispose of its
slaughterhouse to ensure active participation of the private sector in
local governance; and
(4) shall
authorize the establishment and operations of private slaughterhouses,
whether for public use or exclusively as part of meat processing comp;
(b)
The province shall:
(1)
ensure that the establishment and operation of the slaughterhouses of
its component cities and municipalities are in accordance with the
policies, standards, and guidelines set by the national and provincial
governments;
(2) provide
technical supervision and may give financial assistance in the
establishment and operation of slaughterhouses owned by its component
cities and municipalities; and
(3) review the
ordinances of component cities and municipalities on matters relating
to the establishment and operation of slaughterhouses and the granting
of franchise thereof, including the imposition of taxes, fees and
charges;
(c)
The NMIC shall:
(1)
formulate national policies, guidelines, rules and regulations
governing the establishment and operations of slaughterhouses; and
(2) exercise
technical supervision over the establishment and operations of
slaughterhouses with authority to recommend sanctions and closure to
local chief executives for those that do not comply or meet the
requirements and standards set thereof;
Sec. 2. Classification and Accreditation of
Slaughterhouses. — The NMIC shall, based on established standards for
production, plans, designs, and specifications, classify and accredit
slaughterhouses in accordance with the following:
“AAA”
— Those with facilities and operational procedures appropriate to
slaughter livestock and fowls for sale in any market, domestic or
international.
“AA” — Those with facilities and
operational procedures sufficiently adequate that the livestock and
fowls slaughtered therein are suitable for sale in any market domestic
or international.
“A” — Those with facilities and
procedures of minimum adequacy that the livestock and fowls slaughtered
therein are suitable for distribution and sale only within the city or
municipality where the slaughterhouse is located.
Sec. 3. Meat Inspection. — All livestock and fowls
slaughtered for food and their meat products shall be subject to
veterinary inspection and examination before distribution and sale. To
effectively implement meat inspection, the NMIC and the LGU concerned
shall perform the following:
(a)
The NMIC shall:
(1)
formulate national policies, guidelines, rules and regulations, quality
and safety standards governing marketing, marketing preservation, and
inspection of meat and meat products;
(2) formulate
and implement rules and regulations governing the import and export of
meat and meat products;
(3) exercise
technical supervision over local meat inspectors in class “AAA”
slaughterhouses and, in “AA” when there is regular distribution of meat
outside of the province or of the independent city;
(4) in
coordination with the LGU, provide direct technical supervision over
operation of class “AAA” slaughterhouse and in class “AA” in case of
preceding paragraph;
(5) certify
the fitness for human consumption of meat and meat products intended
for export and for distribution outside of the province or of the
independent city; and
(6) provide
laboratory support to the meat industry .
(b)
The Provincial Government, thru its provincial veterinarian, shall:
(1)
regulate the flow of meat and meat products within the provincial
jurisdiction in accordance with national policies, guidelines and
standards;
(2) exercise
technical supervision over meat inspection work and operation in class
“AA” slaughterhouses in the component city or municipality when there
is regular meat distribution outside the local area but within the
province. However, the function may be vested to the NMIC alone in case
meat distribution extends beyond the province; and
(3) certify
the fitness for human consumption of meat and meat products in case of
the preceding paragraph.
(c)
The City or Municipality shall:
(1)
regulate the preparation and sale of meat for human consumption based
on national policies, guidelines, and standards within their
territorial jurisdiction;
(2) directly
supervise the operation in Class “A” slaughterhouses and, in class
“AA”, when meat distribution is limited within the locality only;
(3) conduct
meat inspection in all classes of slaughterhouses; and
(4) certify
the fitness for human consumption of meat and meat products intended
for distribution within the locality only.
Sec. 4. Meat Transport and Post Abattoir Control.
—
(a)
Only transport vehicles accredited by the city veterinarian shall be
used to deliver meat/meat products within the city; by the municipal
veterinarian, and if none, by the provincial veterinarian, when
transporting the same within the municipality; by the provincial
veterinarian when transporting from one city or municipality to other
localities within a province; and, by the NMIC when the destination is
outside the province.
(b) The meat
to be suitable for transport must be from livestock or fowl dressed in
an accredited slaughterhouse and have been subjected to ante and post
mortem inspection, and certified and marked ‘INSPECTED’ and ‘PASSED’
for food by the controlling authority prescribed in the preceding
section.
(c)
Post-abattoir control operation shall be exercised by the concerned
LGU/NGA. A task force, composed of one or more concerned local
government units may be organized and headed by a higher local
government unit to strengthen the capability of checking illegal
slaughtering and meat distribution.
(d) Any
additional post-mortem inspection and examination, when deemed
necessary, shall be conducted either by the city, provincial or NMIC
veterinarian, as the case may be.
(e) Licensing
and registration of butchers, meat vendors, meat dealers, and meat
stalls/shops is to be exercised by the city or
municipality.
(f) The NMIC,
together with the LGU concerned, shall control movement of meat and
meat products from priority reportable diseases endemic areas to free
zones in the country. Meat and meat products from such areas shall not
be allowed to enter free zones in support of the Livestock Priority
Diseases Eradication Program of the Philippines and its commitment to
the international animal health program.
Sec. 5. Monitoring and Evaluation. — The NMIC, in
coordination with the LGU concerned, shall monitor, conduct field
inspection, and require those involved in slaughterhouse operation to
submit periodic and special reports to the NMIC.
Sec. 6. Training and information. — (a) The NMIC
shall design a training program on slaughterhouse operation and shall
be responsible for training local personnel involved in slaughterhouse
regulations and operations. It shall also provide the means whereby the
local government units, slaughterhouse operators and workers, and those
engaged in livestock propagation and meat preparation have access to
information about slaughterhouse management, facilities, LGU’s
regulations and impositions, and including the supply and demand of
meat products here and abroad.
(b) No person may be employed in livestock and meat
inspection without undergoing training and accreditation of the NMIC.
(c) No person shall be allowed to work inside the
slaughterhouse without proper training and license.
Sec. 7. Fees and Charges. — (a) The LGU concerned,
thru an appropriate ordinance, may impose fees and charges related to
meat inspection in accordance with the rules and regulations of the LG
Code.
(b) The twenty five (25) per cent of the veterinary
inspection fees (ante and post mortem) collected by the city and
municipalities in Class “AAA” shall be shared and remitted by the city
or municipal treasurer to the NMIC on a quarterly basis but not beyond
five (5) days after the end of each quarter. As in the case of Class
“AA”, the same shall accrue to whoever is directly supervising the
inspection service as mentioned in Sec. 3 of this Order.
Sec. 8. Effectivity. — This Order shall take
effect fifteen (15) days after publication in a national newspaper of
general circulation.
DONE in the City of Manila,
this 28th day of November in the year of Our Lord, nineteen hundred and
ninety-three.
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