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4.7. PRODUCT STANDARDIZATION AND CONSUMER SAFETY The Philippine Agriculture and Fisheries Quality and Safety System 4.7.1.The agriculture and food standards formulation and enforcement functions are shared by the Department of Agriculture (DA), the Department of Health (DOH), the Department of Trade and Industry (DTI) and the local government units (LGUs). The powers, roles and responsibilities of these agencies are defined by at least six laws that directly relate to AFMA, including: (a) Stan dard ization Law of the Phil ippi nes of 196 4; (b) Food, Dru gs and Devic es, and Cosmet ics Act of 19 63, as amended by Executive Order 175, Series of 1987, (c) Lo cal Go vernment Cod e of 1 991; (d) Consumer Wel fa re Act of 19 98; (e) Fisheries Co de of 1998, and (f) Ex ec utive Order 3 38 of 20 01 . The Standardization Law of the Philippines 4.7.2.The Standardization Law of the Philippines (Republic Act 4109) enacted in 1964 established the Bureau of Product Standards (BPS) under the Department of Trade and Industry (DTI) (then the Department of Commerce) as the National Standards Body (NSB) of the Philipp ines . BPS supp orts indu stry and prote cts consu mers' welfare through: development and promulgation of standards, product testing and cert ification; accr editation of comp eten ce and cap abili ty of test ing and calib ration labo rato ries; accr edit atio n of man age ment syste m of cert ifica tion bod ies; nat iona l registration scheme for quality assessors; internatio nal cooperation on standa rds and conformance; and training programs on international standards, product certification and other standardization activities. 4.7.3.Primarily, the BPS undertakes the development, promulgations and promotion of Philippine National Standards (PNS) to ensure the Philippine consumers will get the value of their money. BPS provides serv ices to the public and provide necessary tech nical infra stru ctur e to make Philip pine compa nies more comp etit ive. BPS in involved in the development and application of national, regional and international standards, of which many are developed in partnership with technical committees and work ing group s. As Philip pine rep resentat ive in the International Organization for  Standardization  (ISO), BPS ensures that Philippines' voice is heard, worldwide. 4.7 - 1

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4.7.  PRODUCT STANDARDIZATION AND CONSUMER SAFETY

The Philippine Agriculture and Fisheries Quality and Safety System

4.7.1.The agriculture and food standards formulation and enforcement functions areshared by the Department of Agriculture (DA), the Department of Health (DOH), theDepartment of Trade and Industry (DTI) and the local government units (LGUs). Thepowers, roles and responsibilities of these agencies are defined by at least six lawsthat directly relate to AFMA, including:

(a) Standardization Law of the Philippines of 1964;

(b) Food, Drugs and Devices, and Cosmetics Act of 1963, as amended byExecutive Order 175, Series of 1987,

(c) Local Government Code of 1991;

(d) Consumer Welfare Act of 1998;

(e) Fisheries Code of 1998, and

(f) Executive Order 338 of 2001.

The Standardization Law of the Philippines

4.7.2.The Standardization Law of the Philippines (Republic Act 4109) enacted in 1964established the Bureau of Product Standards (BPS) under the Department of Tradeand Industry (DTI) (then the Department of Commerce) as the National StandardsBody (NSB) of the Philippines. BPS supports industry and protects consumers'welfare through: development and promulgation of standards, product testing andcertification; accreditation of competence and capability of testing and calibration

laboratories; accreditation of management system of certification bodies; nationalregistration scheme for quality assessors; international cooperation on standards andconformance; and training programs on international standards, product certificationand other standardization activities.

4.7.3.Primarily, the BPS undertakes the development, promulgations and promotionof Philippine National Standards (PNS) to ensure the Philippine consumers will getthe value of their money. BPS provides services to the public and provide necessarytechnical infrastructure to make Philippine companies more competitive. BPS ininvolved in the development and application of national, regional and internationalstandards, of which many are developed in partnership with technical committees andworking groups. As Philippine representative in the International Organization for  Standardization (ISO), BPS ensures that Philippines' voice is heard, worldwide.

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Table 4.7.1Functions of Agencies Mandated by AFMA and Other Related Laws

Laws

Functions

Standards Development &Promotion

Technical Services &Research

Industry Compliance &Consumer Protection

Agriculture & FisheriesModernization Act (AFMA)of 1997

RA 8435 BAFPS with:• BAI, BFAR, BPI, BPRE,

CODA, FIDA, FPA, NMIS,NTA, PCA, PFDA, SRA, and

 AMAS, AMAS, BAR, & PAS;

• DOH - BFAD & NNC

• DOST - ITDI

• DTI – BPS

BAFPS with:• BAI, BFAR, BPI,

BPRE, CODA, FIDA,FPA, NMIS, NTA,PCA, PFDA, SRA &BAR

• DOH - BFAD & NNC

• DOST – ITDI

BAFPS with:• BAI, BFAR, BPI, BPRE,

CODA, FIDA, FPA,NMIS, NTA, PCA,PFDA & SRA

• DOH - BFAD & NNC

Fisheries Code of 1998 RA 8550 BFAR, BFAR-FIQS, PFDA BFAR, PFDA BFAR, BFAR-FIQS, PFDA

LGUs

Consumer Act of thePhilippines of 1991

RA 7394 DOH-BFAD

DA

DTI

DOH-BFAD

DA

DTI

DOH-BFAD

DA

DTI

Magna Carta for Small

Farmers of 1991

RA 7607 BPI BPI BPI

Local Government Code of 1990

RA 7190 LGUs LGUs LGUs

Food, Drug and CosmeticAct of 1963 As Amendedby EO 175 of 1987

RA 3720, EO175 S 1987

DOH-BFAD DOH-BFAD DOH-BFAD

Phil. Standardization Law RA 4109 DTI-BPS DTI-BPS DTI-BPS

Other Enactments NFA-FDC

DOST-ITDI

NFA-FDC

DOST-ITDI

DOST-ITDI

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Food, Drug and Cosmetic Act of 1963 (RA 3720) As Amended by ExecutiveOrder 175 of 1987 

4.7.4.The Bureau of Food and Drugs was given the authority administer and enforcethe laws regarding the safety and purity of foods and cosmetics, and the purity,

safety, efficacy and quality of drugs and devices being made available to the public.In the implementation of the law, the Department of Health (DOH) was tasked to: (a)establish standards and quality measures for foods, drugs and devices andcosmetics; (b) adopt measures to ensure pure and safety supply of foods andcosmetics, and pure, safe, efficacious and good quality drugs and devices in thecountry; (c) adopt measures to ensure the rational use of drugs and devices, such as,but not limited to, banning, recalling or withdrawing from the market drugs anddevices which are not registered, unsafe, inefficacious or of doubtful therapeuticvalue, the adoption of an official National Drug Formulary, and the use of genericnames in the labeling of drugs; and (d) strengthen the Bureau of Food and Drugs.

4.7.5.The Commissioner of Customs in Manila or the Regional Food and Drugs

Supervisor is required to cause the delivery to BFAD samples taken at random fromevery incoming shipment of food, drugs, devices and cosmetics which are beingimported or offered for import to the Philippine giving notice to the owner or consignee.

Consumer Act of the Philippines of 1991 (RA 7394)

4.7.6.The Consumer Act of the Philippines (RA 7394) was enacted to protect theinterest of the consumer, promote his general welfare and to establish standards of conduct for business and industry. The law mandates the government:

(a) to develop and provide safety and quality standards for consumer 

products, including performance or use-oriented standards codes of practice and methods of tests;

(b) to assist the consumer in evaluating the quality, including safety,performance and comparative utility of consumer products;

(c) to protect the public against unreasonable risks to injury associated withconsumer products; and

(d) to undertake research on quality improvement of products andinvestigation into causes and prevention of product related to deaths,illness and injuries.

4.7.7.The law spelled out the responsibilities of the DOH, DA and DTI in thedevelopment and enforcement of standards of quality and safety of products under their respective authorities. The DOH would enforce the rules and regulations withrespect to food, drugs, cosmetics, devices and substances; the DA with respect toproduct related to agriculture; and the DTI with respect to other consumer productsand, to develop and provide safety and quality standards for consumer products. Theconcerned departments were mandated to establish consumer product quality andsafety standards which shall consist of the following:

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(a) requirements as to performance, composition, contents, design,construction, finish, packaging of a consumer product;

(b) requirements as to kind, class, grade, dimensions, weights, material;

(c) requirements as to the methods of sampling, tests and codes used to

check the quality of the product;

(d) requirements as to precautions in storage, transporting and packaging;and

(e) requirements that a consumer product be marked with or accompaniedby clear and adequate safety warnings or instruction, or requirementsrespecting the form of warnings or instructions.

4.7.8.The concerned departments were instructed to: (a) adopt existing standards or formulate, develop and propose consumer product quality and safety standardstogether with business and consumer sectors in specialized technical committeesorganized for the purpose; (b) upon promulgation of the standards, publicize them

and conduct information campaign; (c) make appropriate order for recall, prohibitionor seizure from public sale or distribution, consumer products that is found to beinjurious, unsafe and dangerous; and direct the manufacturer, distributor, or seller of such defective products to extend any or all of the remedies to the injured person; (d)take measures to make a list of new consumer products and cause the publication bythe respective manufacturers or importers of such list of products with their description; (e) establish consumer product standards and grant the PhilippineStandard Certification mark after determining the product’s compliance with therelevant standard; (e) refuse admission into the Philippines of any consumer productthat fails to comply with an applicable consumer product quality and safety standardor rule, is or has been determined to be injurious, unsafe and dangerous, issubstandard; or has a material defect.

4.7.9.In addition to their powers, functions and duties under existing laws, theconcerned departments were given the following functions and duties: (a) undertakeresearches, develop and establish quality and safety standards for consumer products in coordination with other government and private agencies closelyassociated with these products; (b) inspect and analyze consumer products for purposes of determining conformity to established quality and safety standards; (c)levy, assess, collect and retain fees as are necessary to cover the cost of inspection,certification, analysis and test of samples of consumer products and materialssubmitted; (d) investigate the causes of and maintain a record of product-relateddeaths, illnesses and injuries; (e) accredit independent, competent non-governmentbodies, to assist in monitoring the market for the presence of hazardous or non

-certified products and other forms of violations, other appropriate means to expandthe monitoring and enforcement outreach of the department in relation to itsmanpower, testing and certification resources at a given time; and (f) accreditindependent competent testing laboratories.

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4.7.10.The mandates of the DA under the Consumer Act were elaborated by AO 9 of the 1993 Series. In this AO, eight Bureaus of the DA were given powers tocreate Product Quality and Safety Standards. These are the National Food 

 Authority (NFA), Bureau of Plant Industry (BPI), Bureau of Animal Industry (BAI), Bureau of Fisheries and Aquatic Resources (BFAR), Sugar Regulatory 

 Administration (SRA), Fertilizer and Pesticide Authority (FPA), PhilippineCoconut Authority (PCA) and the National Meat Inspection Commission (now National Meat Inspection Service or NMIS). These agencies and the FibreIndustry Development Authority and the National Tobacco Administrationalready have existing standards formulation mandates, while the NMIS and BFAR have new laws strengthening their standards formulation and enforcement functions.

The Local Government Code of the Philippines of 1991 (RA 7190)

4.7.11.The Local Government Code granted every local government unit (LGU) thepowers for its efficient and effective governance, and those which are essential to the

promotion of the general welfare, including promotion of health and safety of itsinhabitants. Local government units were likewise granted other powers, functionsand responsibilities for provision of basic services and facilities, including agriculturalsupport services, services and facilities related to general hygiene and sanitation(such as enforcement of fishery laws quality control of copra, fish ports, publicmarkets, slaughterhouses).

4.7.12.The LGUs were mandated to discharge the functions and responsibilities of national agencies and offices devolved to them, including to regulate and inspect meat, fruits, poultry, milk, fish, vegetables and other foodstuffs; to regulate theslaughter, sale and disposition of animals for human consumption as well as

 powers to adopt quarantine regulations and prevent the introduction of 

disease, among others.

Fisheries Code of 1998 (Republic Act 8550)

4.7.13.The Philippine Fisheries Code of 1998 (RA 8550) was enacted on 19 February1998 to ensure the attainment of the following objectives of the fishery sector:

(a) Conservation, protection and sustained management of the country’sfishery and aquatic resources;

(b) Poverty alleviation and the provision of supplementary livelihood amongmunicipal fisherfolk;

(c) Improvement of productivity of aquaculture within ecological limits;

(d) Optimal utilization of off-shore and deep-sea resources; and

(e) Upgrading the post-harvest technology.

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Table 4.7.2Product Standardization and Consumer Safety Services Mandate and Functions of Philippine Government Agencies1

GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

DEPARTMENT OF AGRICULTURE 

Bureau of  Agriculture andFisheries ProductStandards

 All agricultural,livestock andfisheries andaquacultureproducts

Formulate and enforce standards of quality in the processing, preservation,packaging, labeling, importation, exportation, distribution and advertising of agricultural, livestock and fisheries and aquaculture products;

Conduct research on product standardization, alignment of the local standards withthe international standards; and

Conduct regular inspection of processing plants, storage facilities, abattoirs, publicand private markets in order to ensure freshness, safety and quality of products.

Bureau of AnimalIndustry

Meat and meatproducts, includinganimal by-products

Recommend policies and procedures on the flow of livestock products and the proper preservation and inspection of such products;

Prescribe standards for the quality of manufacture, importation, labeling, advertising,distribution and sale of livestock, poultry and allied industries;

Recommend plans and programs, policies, rules and regulations and providetechnical assistance in their implementation;

Promulgate regulations for the preparation, sale, traffic in, shipment and importation of viruses, serum, toxin or analogous products used for the treatment of domesticanimals

Issue, suspend and revoke licenses for dispensing or maintenance of establishments for its preparation and treatment;

Issuer licenses for its importation, and inspect such products. Regulate the sale of veterinary biologics and medicinal preparation;

Protect the interest of the consumer, promote his general welfare and establishstandards of conduct for business and industry. develop and provide safety and quality standards for consumer products,

1Sources of Information: FAFST, Report on Global Competitiveness for Philippine Agribusiness – Product Quality System; SEARCA,

Improving Governance in Agriculture Bureaucracy; DA Report on Strengthening Quality Assurance and Other Regulatory Services for Diversified Farm Income and Market Development Project.

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

including performance or use-oriented standards codes of practice and methodsof tests;

assist the consumer in evaluating the quality, safety, performance andcomparative utility of consumer products;

protect the public against unreasonable risks to injury associated with consumer 

product; and undertake research on quality improvement of products and investigation into

causes and prevention of product related to deaths, illness and injuries; and Supervise and regulate the establishment, operation and maintenance of 

slaughterhouses, pet shops, kennel, veterinary clinics/hospitals, stock/stud farm,corrals, zoos for the breeding, treatment, sale or trading or training of animals Issue certificate of registration upon proof that the facilities of such establishment

for animals are adequate, clean and sanitary and will not be used for, nor causepain and/or suffering to the animals; and

Revoke or cancel certificate or registration for non-compliance as to standards setby BAI as to the establishment’s adequacy, cleanliness and sanitation.

National MeatInspection Service

Meat and meatproducts

Promulgate and implement policies, procedures, guidelines, rules and regulationsgoverning post-production flow of livestock and meat and meat products (both locallyproduced and imported) through the various stages of marketing and proper handling,inspection, processing, storage and preservation of such products; protect theinterest, health and general welfare of the meat consuming public;

Ensure the production of clean, healthy and sound meat food; Provide technical supervision over LGU meat inspection work and assistance in their 

technical capability building; Evaluate and accredit meat plants; Enforce meat inspection laws, rules and regulations; Provide laboratory services to the meat industry; Perform inspection on imported meat and meat products;

Provide technical assistance in meat plant development; and Promote consumer information, protection and assistance programs.

Bureau of Fisheries Fisheries and Formulate and implement a Comprehensive Fishery Research and Development

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

and AquaticResources

aquacultureproducts

Program aimed at increasing resource productivity improving resource use efficiency,and ensuring the long term sustainability of the county's fishery and aquaticresources;

Establish and maintain a comprehensive Fishery Information System; Provide advisory services and technical assistance on the improvement of quality of 

fish from the time it is caught (i.e., on board fishing vessels, at landing areas, fishmarkets, to the processing plants and to the distribution and marketing chain);

 Advise and coordinate with LGUs on the maintenance of proper sanitation andhygienic practices in fish markets and fish landing areas;

Implement and inspection system for import and export of fishery / aquatic productsand fish processing establishments consistent with international standards to ensureproduct quality and safety;

Enforce all laws, formulate and enforce all rules and regulations governing theconservation and management of fishery resources, except in municipal waters and tosettle conflicts of resource use and allocation in consultation with the NFARMC, LGUsand local FARMCs;

Develop value-added fishery products for domestic consumption and export; and  Assist the LGUs in developing their technical capability in the development,

management, regulation conservation and protection of the fishery resources. Formulate rules and regulations for the conservation and management of straddling

fish stocks and highly migratory fish stocks.

Philippine FisheriesDevelopment

 Authority

Management, operations, and development of regional commercial fish portcomplexes located throughout the Philippines;

Establishment of ice plants and cold storages, municipal fish ports, warehouses,factory buildings & other structures;

Conduct of training on Hazard Analysis Critical Control Points and GoodManufacturing Practices and on the operation and management of municipal fish port;and

Monitoring, compilation, and dissemination of fishery statistics and informationnecessary in the conduct of business activities and policy formulation.

Bureau of Plant Agricultural crops, Prepare a program for the selection, production and certification of improved planting

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

Industry seed and plantmaterials quality,GMOs

materials as well as guidelines for its implementation; Recommend plant quarantine policies and prescribe rules and regulations for the

prevention, control and eradication of pests, diseases and injuries to plants and plantproducts;

Recommend plans, programs, policies, rules and regulations to the Secretary andprovide technical assistance in the implementation of the same;

Prevent the introduction of exotic pests in the country and prevent further spread of plant pests already existing from infested to pest-free areas;

Enforce phytosanitary measures for the export of plants, plant products and regulatedarticles;

Supervise and control the existing filed inspections and control services and seedtesting laboratories;

Supervision, coordination, and monitoring of production, purification and maintenanceof breeder and foundation seeds of all recommended cultivars;

 Accreditation of seed growers and plant nursery operators; Conduct crop protection using the regional crop protection centers; Establish pesticide laboratories all over the country; Monitor levels of pesticide residue in crops to protect local and international

consumers from possible health hazards; Check on possible indiscriminate use and application of pesticides on food crops and

other agricultural products;

Determine pesticides degradation rates for different crops to be able to establish"waiting times" and prepare recommendations to improve/change agriculturalpractices;

Determine and evaluate practices on the use of pesticides for possible modificationresulting in acceptable low residues in agricultural products;

Perform technical analyses on formulated pesticide products; Monitor the level of chemical residues of agricultural crops and by-products and

recommend policies for safety of consumers; and Promote use of organic fertilizer and integrated pest management.

Cotton Cotton and cotton Promulgate and enforce rules and regulations to govern cotton production, distribution

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

Development Administration

products and use of certi fied cottonseeds, pest control, and other quarantine measures. Produce breeder, foundation and registered seeds and supervise certified seed

production by private cottonseed growers and set and enforce standards andprocedures for seed production and marketing.

Fertilizer andPesticide Authority

Fertilizer andpesticides, organicor inorganic

Promulgate and enforce rules and regulations for the registration and licensing of fertilizer and pesticide handlers and products.

Establish and implement regulations governing import and export of fertilizer andfertilizer inputs and pesticides, as well as domestic production and marketing,including efficacy and quality, and environmental impact, product safety and agri-occupational health.

Establish and enforce tolerance levels and good agricultural practices for use of pesticides

Restrict or ban use of pesticides, as needed. Prevent importation of agricultural commodities containing pesticide residues above

the accepted tolerance levels. Monitoring of pesticide residues in selected crops.

Fiber IndustryDevelopment

 Authority

Fiber crops andfiber products

Promote the integrated development of the fiber industry in all its aspects fromresearch, production, processing, marketing and trade regulation;

Enforce fiber standards and regulatory measures in order to maintain good qualityfiber traded in both local and foreign markets;

Improve farm productivity, thereby, increasing farmers' income; and, Regulate and control grading and baling establishments.

National Tobacco Administration

Tobacco products Promulgate rules and regulations on the production, standardization, classification,grading and trading of tobacco products

Philippine Coconut Authority

Coconut, coconutproducts

Establish and enforce standards for domestic trade and export of copra and its by-products.

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

National Food Authority

Rice and corn Register and license grain handlers (including machinery) and manufacturers of goods where grains are used as ingredients and collect corresponding fees asauthorized; and

License import/export of grains.

Food DevelopmentCenter, NFA, DA  All food products Testing and standards development; Product development; Training; Pilot processing; and Quality and safety assessment.

Sugar Regulatory Administration

Sugar and sugar by-products

Provides an agro-industrial research service laboratory to all sectors of the sugar industry;

 Analyzes sugar, molasses, juice and bagasse for quality control purposes; and  Analyzes all agro-based related materials to the sugar industry.

Bureau of PostharvestResearch andExtension

 All agricultural crops Prevention and control of mycotoxin, and pests and diseases toward foodpreservation and safety by: Conducting studies on postharvest pests and diseases; Management of pests; Cataloguing of microbial cultures isolated; Operation and maintenance of mycotoxin laboratory; Screening, evaluation and formulation of natural plant products for the control of 

postharvest pests; Laboratory trial of ultrasonic cleaning of chemical residues and microbial

contaminants on vegetables; Bioecological studies: Behavioral Study and Establishment of Rearing Techniques

for Insects of Economic Importance; Bioecological Control of Banana Crown Rot with Epiphytic Fungi; and Postharvest Diseases Management Strategies and Storage Life Extension.

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

DEPARTMENT OF HEALTH 

Bureau of Food &Drugs, DOH

Processed food Establish standards and quality measures for processed foods; Inspection and licensing of establishments in accordance with Good Manufacturing

Practices of regulated establishments such as manufacturers, packers/repackers,

distributor, importers, exporters, wholesalers, outlets, groceries, supermarkets, other commercial outlets;

Evaluation and registration of regulated products based on set standards of safety,efficacy, purity and quality of regulated products, processed foods (imported andlocal), advertised local products and processed food products intended for export;

Market monitoring of products for adulterated products, expired and unregisteredproducts;

Laboratory analysis of regulated products such as collected samples from routinemonitoring, products which are subject of complaints from consumers, products for registration and donated products;

Evaluation and monitoring of advertisements and promotions of tri- media such astelevision, radio and print ads like newspaper and magazine;

Policy formulation, drafting of rules and regulations, administrative orders andstandards, issuance of bureau circulars/bureau memoranda and guidelines;

Public assistance and information such as rendering the following services: productinformation, health advisories, and consumer assistance for complaints, and client

assistance for consultancy, seminars and trainings; Legal functions such as disposition of consumer complaints re: adulterated food,

misbranded food products, advertisement and promotional regulations;  Administrative functions for human resource development: enhancement of skills and

knowledge of personnel through training; and Special functions related to food such as implementation of food fortification program,

salt iodization, and milk code.National NutritionCouncil

 All food products Coordinate national food and nutrition policies and strategies, including nutritionalstandards.

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GOP AgencyProduct(s)Covered

Mandate, Powers & Functions

DEPARTMENT OF TRADE & INDUSTRY 

Bureau of ProductStandards

 All products notcovered by DA andDOH2

Development, promulgations and promotion of Philippine National Standards (PNS);and Development and promulgation of standards, product testing and certification;

 Accreditation of competence and capability of testing and calibration laboratories;  Accreditation of management system certification bodies and private emission

testing centers; National registration scheme for quality assessors; International cooperation on standards and conformance; Training programs on ISO 9000/PNS 1000, ISO 14000/PNS 17000, ISO/IEC

17025, product certification and other standardization activities; and Development, implementation and coordination of standardization activities.

Standards development.

DEPARTMENT OF SCIENCE AND TECHNOLOGY 

IndustrialTechnologyDevelopmentInstitute

 All food products Technology transfer; Tests, analysis, calibration; Training; Technical information; Design and fabrication; and Use of laboratory and pilot plant facilities.

 

2 All standards developed by DA have to be submitted to BPS for numbering to be promulgated as Philippine National Standard.

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4.7.14.Chapter III of the Fisheries Code of 1998 provided the reconstitution of Bureauof Fisheries and Aquatic Resources (BFAR) as a line Bureau of the DA with thefollowing functions related to fish quality and standards:

(a) provide advisory services and technical assistance on the improvement

of quality of fish from the time it is caught (i.e., on board fishing vessel, atlanding areas, fish markets, to the processing plants and to thedistribution and marketing chain);

(b) advise and coordinate with Local Government Units (LGUs) on themaintenance of proper sanitation and hygienic practices in fish marketsand fish landing areas;

(c) implement an inspection system for import and export of fishery/ aquaticproducts and fish processing establishments consistent with internationalstandards to ensure product quality and safety; and

(d) develop value-added fishery-products for domestic consumption and

export.

4.7.15.Furthermore, the Fisheries Code provides for the strengthening of theFisheries Inspection and Quarantine Service (FIQS) in BFAR for purposes of monitoring and regulating the importation and exportation of fish and fishery/aquaticresources. The FIQS shall have the following functions:

(a) conduct fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the country by air or water transport, to detect the presence of fish pest and diseases and if found toharbor fish pests or diseases shall be confiscated and disposed of inaccordance with environmental standards and practices;

(b) implement international agreements/commitments on bio-safety and bio-diversity as well as prevent the movement or trade of endemic fisheryand aquatic resources to ensure that the same are not taken out of thecountry;

(c) quarantine such aquatic animals and other fishery products determinedor suspected to be with fishery pests and diseases and prevent themovement or trade from and/or into the country of these products soprohibited or regulated under existing laws, rules and regulations as wellas international agreements of which the Philippines is a State Party;

(d) examine all fish and fishery products coming into or going out of thecountry which may be a source or medium of fish pests or diseasesand/or regulated by existing fishery regulations and ensure that thequality of fish import and export meet international standards; and

(e) document and authorize the movement or trade of fish and fisheryproducts when found free of fish pests or diseases and collect necessaryfees prescribed by law and regulations.

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Restructuring the Department of Agriculture, Providing Funds Therefore, And Other Purposes” or Executive Order (E.O.) 338 of 2001

4.7.16.Executive Order 338 was never implemented. It was an attempt to clarify theroles of the different agencies under the DA, including BFAR as well as the National

Fisheries Research and Development Institute (NFRDI).

R. A. 7607 - Magna Carta for Small Farmers 4.7.17.This Act recognizing BPI expertise and inherent functions on pesticide residueanalysis and pesticide formulation, seed production and certification, research,technology transfer and crop protection made BPI as the sole agency mandated to:(a) monitor the level of chemical residues of agricultural crops and by-products andrecommend policies for safety of consumers; and promote use of organic fertilizer and integrated pest management

I.B AFMA Goal and Objectives

4.7.18.The goal of AFMA is to modernize the agriculture and fisheries sectors of thecountry in order to enhance their profitability, and prepare said sectors for thechallenges of globalization. The main strategies to accomplish this goal are (a) theprovision of an adequate, focused and rational delivery of necessary supportservices; and (b) the appropriation of funds for the support services and other purposes. Among the critical production and marketing support services recognizedby AFMA is Product Standardization and Consumer Safety (PSCS) service. Thevision of AFMA is “that all sectors involved in the production, processing, distributionand marketing of foods, and non-food agricultural and fisheries products shall adhereto, and implement the use of product standards in order to ensure consumer safety 

and promote the competitiveness of agriculture and fisheries products”.

4.7.19.Chapter 7, Sections 60-64 of the AFMA mandated the Department of  Agriculture (DA) to establish the BAFPS to set and implement standards for fresh,primary- and secondary-processed agricultural and fishery products. The powers andfunctions of BAFPS were detailed as follows:

a. Formulate and enforce standards of quality in the processing,preservation, packaging, labeling, importation, exportation, distribution,and advertising of agricultural and fisheries products,

b. Conduct research on product standardization, alignment of the local

standards with the international standards; and

c. Conduct regular inspection of processing plants, storage facilities,abattoirs, as well as public and private markets in order to ensurefreshness, safety and quality of products.

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Box 4.7.1. AFMA Chapter 7 – Product Standardization & Consumer Safety

Section 60. Declaration of Policy  – It is the policy of the State that all sectors involved inthe production, processing, distribution and marketing of foods, and non-food agricultural 

and fisheries products shall adhere to, and implement the use of product standards inorder to ensure consumer safety and promote the competitiveness of agriculture and fisheries products

Section 61. Bureau of Agriculture and Fisheries Product Standards

The Department, within six (6) months after the approval of this Act, and in consultationwith the Department of Trade and Industry and the Bureau of Food and Drugs, shallestablish the Bureau of Agriculture and Fisheries Product Standards (BAFPS).

Section 62. Coverage

The BAFPS shall set and implement standards for fresh, primary- and secondary-processed agricultural and fishery products.

Section 63. Powers and FunctionsThe BAFPS shall have the following powers and functions:

Formulate and enforce standards of quality in the processing, preservation,

packaging, labeling, importation, exportation, distribution, and advertising of agricultural and fisheries products;

Conduct research on product standardization, alignment of the local standards with

the international standards; and

Conduct regular inspection of processing plants, storage facilities, abattoirs, as wellas public and private markets in order to ensure freshness, safety and quality of products.

Section 64. Pool of Experts and Advisers

The BAFPS may coordinate, seek the services of, and consult with both private andgovernmental agencies; research institutes educational establishments and such other individuals and entities with expertise in the field of product standards and consumer safety.

Source: Republic Act 8435 

I.C The Implementing Rules, Targets and Current Status

4.7.20.The implementation of AFMA was guided by the Implementing Rules andRegulations (IRR) contained in the DA Administrative Order No. 6 - 1998 and issuedon 10 July 1998. The IRR provisions can be classified into two types - - (a) thoserelating to the establishment, organization and management, and operationalizationof BAFPS; and (b) those concerning the powers and functions, and details of activities of BAFPS. The IRR provisions are presented below according to the aboveclassification3. The AFMA IRR and the BAFPS AO 17 provisions, and their status aresummarized in Table 4.7.3.

3 Quoted from Department of Agriculture Administrative Order 6, Implementing Rules andRegulations of RA 8435, dated July 10, 1998.

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4.7.21.

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Table 4.7.3 AFMA IRR (DA AO 6, S 1998) Stipulation, DA AO No. 17, S 1998 Authorization and DA and BAFPS Activities to Comply with

 AFMA IRR and AO No. 17

AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 20054

BAFPS Establishment, Organization and Management, and Operationalization

Rule61.1

• DA to establish BAFPSon or before 30 July1998; and

• Designate BAFPSDirector 

Sec.1

• Established BAFPS with theissuance of the DA AO No. 17issued on 4 December 1998

• Designation of BAFPSDirector 

• BAFPS is under the Office of the Secretary

• BAFPS was created by DA AO No. 17 on 4December 1998

• Ms. Concepcion Lizada was designated 1st

Director 

•  AO No. 1, Series of 2000 was issued on 28January 2000 amending AO No. 17

Rule61.2

•  Appointment of BAFPSDirector by thePresident and 2 or more Assistant Directors onrecommendation of DASecretary;

• One Assistant Director 

assigned to concerns onconsumer issues; and

• Incorporation of aConsumer ProtectionDivision in BAFPS

Sec.9

• BAFPS OrganizationalStructure in “Annex A”included 2 Assistant Director positions, one in-charge of Consumer Protection

• BAFPS organizationalstructure also includes a

Consumer Affairs Div., with aConsumer Protection Sectionand a Consumer Education & Advocacy Section

• Tasks broadly defined in“Annex B” includes consumer 

• Mr. Gilberto Leyese was appointed OICDirector on 16 July 2001 after resignation of Dr. Lizada and then Director on 19 September 2005

• BAFPS sent proposal to Sec. Angara for approval of creation of 67 positions for staffingrequirements of BAFPS on 19 October 1999

• Sec Lorenzo requested DBM for the creationof 37 plantilla positions on 11 December 2002

• DBM approved 17 positions in 2004 but letter was released only on 16 March 2005

• No Assistant Director position has beenapproved, hence none appointed

4 Sources of Information: AFMA (RA 8435), DA AO No.6 Series of 1998, DA AO No.17 Series of 1998, BAFPS Report Submitted to NAFC

 AFMA Monitoring Unit, BAFPS Annual Report for 2004, Report on Global Competitiveness for Philippine Agribusiness – Product QualitySystem, Report on Strengthening Quality Assurance and Other Regulatory Services for Diversified Farm Income and MarketDevelopment Project.

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

protection and consumer education activities

• The BAFPS organization as specified in AONo. 17 Series of 1998 included a Consumer Services Div.

Rule61.3

Considering existing Phil.agriculture and fisheries

product standards, and therelated functions andpowers of various DA andnon-DA agencies andoffices, BAFPS TaskForce (per Section 64) topropose:

• specific rules andactivities of BAFPS;and

• if necessary andappropriate, theapproach/manner andtiming of consolidationof the functions and

their associatedresources currentlywith other agencieswithin BAFPS

Sec.8

The BAFPS Task Forceprovided for in Section 64 of RA

8435, together withrepresentatives of other government agencies and theprivate sector, shall serve as theBAFPS Advisory Committee

• The Task Force completed its work and stood

down.5

5Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical

Report, Department of Agriculture, (May 2006)

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule62.1

• BAFPS coverage shallinclude standards onconsumer health andsafety standards relatedto consumer health and

safety and efficient tradeof raw, fresh, primaryand secondaryprocessed agriculturaland fisheries products,both food and non-food.

• Upon BAFPS’srecommendation,issuance of DA AOspecifying the full listingof the products coveredby BAFPS on or before30 Dec. 1998

Sec.3

• Formulate and enforcestandards of quality of agriculture, livestock andfisheries and aquacultureproducts in collaboration and

coordination with DTI andBPS, DOST, BFAD andDOH, SPUCs, LGUs, and theprivate sector, including POsand NGOs

• Enforcement to includeformulation andimplementation of standardsutilized in enforcement of quarantine rules andregulations

• Development of Philippine National Standardsis in full swing

• No AO specifying full listing of productscovered by BAFPS was issued on or before30 Dec. 19986

• Listing of products covered by BAFPS hasbeen deliberated with BFAD and other agencies.

• Report on proposed delineation of functionsbetween BAFPS and other DA regulatoryagencies submitted to DBM on 9 October 2003 after consultation with DBM, COCAFMand DA-Personnel Services Division

• Delineation of functions still being discussed

with BFAD only7

• Report on proposed delineation of functionsbetween BAFPS-DA and BFAD-DOHsubmitted to DBM on 12 December 2003

• BAFPS has decided to focus on food safety

issues and formulation/ harmonization of standards for primary- and secondary-processed agricultural and fisheries products.6

Sec.7.2

• The Department, throughBAFPS, shall enter into aMemorandum of Agreementwith each of the followingagencies with similar functions, defining, amongothers, such aspects of product standards andregulations as product

• MOA with other agencies defining aspects of product standards and regulations (e.g.,product coverage, areas subject to regulation,and consumer arbitration) was not signed.

•  A general Memorandum was prepared and

signed off by BAFPS and the DA in February2005. However, none of the nominatedagencies have committed to theMemorandum.8

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1

• Consultation by BAFPSwith BAI and BFAR onthe delineation of functions in relation tothe Animal Welfare Act

of 1998 and theFisheries Code of 1998

• Issuance by theSecretary of Agricultureof an AO embodyingagreements on thedelineation of functions

Sec.5

• On matters related to fisheriesproduct standards, BAFPS tocoordinate with BFAR andPFDA as provided in thePhilippine Fisheries Code of 

1998 (RA 8550)• DA Secretary shall issue an

 AO defining the specificrelationship of BAFPS withBFAR and PFDA

• BAFPS has not coordinated with BFAR andPFDA and no discussion on delineation of functions were also conducted.

• Required DA AO defining specific relationshipof BAFPS with BFAR and PFDA has not been

issued.• BAFPS has not formulated standards for fish

and fish products

Rule64.2

Creation of the BAFPSTask Force on or before30 July 1998 to formulatethe design of the BAFPS

Sec.8

The BAFPS Task Forceprovided for in Section 64 of RA8435, together withrepresentatives of other government agencies and theprivate sector, shall serve as theBAFPS Advisory Committee

• BAFPS Task Force was created by AO 6,1998 Series.

• SO 411 S 2001, creating the TechnicalCommittees of BAFPS was issued on 03September 2001

• SO 96 S 2002 issued on 14 February 2002created additional Task Forces for International Food Standards.

6 BAFPS Accomplishment Report, First Quarter, January – March 2004, Code VII-057 BAFPS Accomplishment Report, First Quarter, January – March 2004, Code VII-068

Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical Report,

Department of Agriculture, (May 2006)

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule64.3

Preparation of the Termsof Reference, funding andmanpower requirements of BAFPS for the DASecretary’s approval not

later than 30 September 1998.

Sec.4

The specific scope, timetablesand mechanisms of implementation of the BAFPSfunctions shall be formulated incollaboration with the concerned

agencies and promulgatedthrough issuance by theSecretary of Agriculture and/or Memoranda of Agreementamong the concerned agencies

• No MOA was signed.

• Documentation approved by the DA Secretaryshowing BAFPS TOR, funding, and manpower requirements of BAFPS is in the form of AONo. 1 S 2000 issued by Sec. Edgardo Angara

on 28 January 2000 amending AO No. 17 S1998 to revise the functions andorganizational structure of BAFPS

BAFPS Powers and Functions

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.1

• The powers andfunctions of BAFPS toinclude formulation andenforcement of qualitystandards

Sec1

BAFPS has the followingpowers and functions as definedin the AFMA and the IRR:oformulate and enforce

standards of quality in the

processing, preservation,packaging, labeling,importation, exportation,distribution, and advertisingof agriculture, livestock andfisheries and aquacultureproducts;

oconduct research on product

standardization, andalignment of the localstandards with theinternational standards; and

oconduct regular inspections

of processing plants, storagefacilities, abattoirs, as well as

public and private markets inorder to ensure freshness,safety and quality of products

• BAFPS functions were enumerated in the DA AO No. 17, series of 1998 which establishedBAFPS. However, said AO repeated the IRRprovision on the need for an issuance by theDA Secretary and/or a Memo of Agreement

detailing the specific scope, timetables andmechanisms of implementation of BAFPSfunctions.

•  AO No. 1, Series of 2000 was issued on 28January 2000 amending BAFPS’ functionsand organization structure provided in AO No.17 series of 1998. (Annex B)

• Standards completed with PNS Number 9:

Corn (shelled, grits) Vegetables (broccoli, cauliflower,

cabbage, bulb onion) Fruits (saba/cardaba banana, pummelo,

mango, pineapple, durian) Virgin coconut oil Coffee beans

Pili nuts Table eggs Cutflowers (chrysanthemum-spray type,

chrysanthemum-standard, orchid-spray,carnation, anthurium, roses)

Organic agriculture specification

• Standards for finalization10:

Fruits (mangosteen, papaya,calamansi/calamondin)

Vegetables (carrot, tomato) Chilled young coconut water  Nata de coco - raw

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.2

Development andimplementation of standards and codes of practice for food safetyand efficient trade

Sec.6.1

Develop and implement codesof practice and guidelines for food safety, postharvesthandling, primary andsecondary processing,

packaging, labeling, advertising,distribution and marketing of agriculture, livestock andfisheries and aquacultureproducts

Guidelines prepared are:12

Code of Hygienic Practice for the Sale of Fresh Agriculture and Fisheries Productsin Markets and Authorized Outlets

Guidelines for the Certification of Good

 Agricultural Practices for Fruits andVegetables Farming

Sec.6.4

Transmit standardspromulgated as nationalstandards to BPS of DTI for assignment of PNS number 

 All completed/finalized standards transmitted toBPS for assignment of PNS number.

9BAFPS Website; Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.

Technical Report, Department of Agriculture, (May 2006)

10BAFPS Website; Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.

Technical Report, Department of Agriculture, (May 2006)11

Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical Report,

Department of Agriculture, (May 2006)

12 BAFPS Website, May 2006

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.3

 Assistance togovernment offices andagriculture and fisheriesenterprises inestablishing the scientific

basis for food safety andnutrition standards andcodes of practice; andharmonization of thesestandards with theinternational standardsand codes of practice

Sec.6.5

 Assist government offices andenterprises to establish thescientific basis for food safetyand trade standards, and codesof practice and harmonize these

with internationally standardsand practices

This is done through the Technical Committeesorganized for the standards formulation.

Rule63.1.4

Coordination withgovernment offices andagriculture and fisheryenterprises on developmentof early warning system oninternational developmentson food safety and nutritionstandards and codes of practice

Sec.6.6

Monitor and disseminatedevelopments and trends ininternational food safety standardsand codes of practice, ensuretimely assessment of impact ondomestic products and determineappropriate courses of action

• Monitoring and dissemination of developments andtrends in international food safety standards byBAFPS needs to be improved.

• Prior to the creation of the Philippine NationalCodex Committee (NCC), BAFPS assisted in thepreparation and presented position papers inCodex Committee meetings and other fora.

• Since the creation of NCC, Sub-committees andtask forces under the NCC are now responsible for 

preparation of country positions on identifiedCodex issues, and endorse these to the TechnicalCom., which in turn endorses to the ExecutiveCom.

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.5

Ensuring the participationof all affected parties,government and non-government, in standardsand codes of practice

Sec.6.2

Ensure participation of representatives of all concernedparties in the formulation of standards and codes of practice

Sec.6.3

Form multi-sectoral committeesto formulate national standards,and subject these standards toperiodic review and revision, if necessary

Sec.6.18

In cooperation with the Agribusiness Marketing Assistance Service (AMAS),actively involve industryassociations and professionalorganizations in standardsdevelopment andimplementation

BAFPS involves other GOs, academicinstitutions, professional organizations, industryrepresentatives and consumer organizations indrafting standards through the Multi-sectoralTechnical Committees and during public

consultation.13

Rule63.1.6

Establishment andmaintenance of 

database, managementinformation system,monitoring and evaluationsystem, and research onfood commodity and foodsafety and nutritionstandards in collaborationwith NIN and researchinstitutions.

Sec.6.10

Establish and maintain, incollaboration with NIN the

database, MIS, M&E, researchand other information related tocommodity and food safetystandards

Development of BAFPS Information System ison-going.14

13 BAFPS Accomplishment Report for CY 200414 BAFPS Accomplishment Report, First Quarter (January-March) 2004, Code VII-12

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.7

• Conduct of producttesting, surveillanceand inspection of foodhandling, processingand storage facilities,

including abattoirs, fishports and landing areasand markets, for compliance withapproved standardsand codes of practice,and

• Establishment andoperation of testingcenters and researchlaboratories

Sec.6.13

Conduct product testing,surveillance and inspection of food handling, processing andstorage facilities, includingabattoirs, fish ports and landing

areas and markets, for compliance with approvedstandards and codes of practice, and establish andoperate testing centers andresearch laboratories for thispurpose

Inspections are only carried out in markets andabattoirs.15

Sec.6.11

In collaboration with the Bureauof Agricultural Research (BAR)and appropriate researchinstitutions and SPUCs conductresearch related to agricultureand fisheries product standards

Research required (which has been limited todate) has been contracted out and wasoverseen by the Technical Committeeestablished on each standard on sizedistribution of fruit and vegetables.14

Rule63.1.8

Establishment of aninspection andcertification systemincluding third partyaccreditation andprofessional certificationsystem for standardsprofessionals

Sec.6.14

Establish an inspection andcertification systems includingthird party accreditation toensure the cost-effective andefficient implementation of standards and codes of practice

Started in connection with formulation of Guidelines for Organic Produce and theCertification of Good Agricultural Practices.14

15 Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical Report,Department of Agriculture, (May 2006)

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.9

Provision of organizationand expertise to ensureeffective participation ininternational deliberationson food safety and trade

standards in collaborationwith DA Policy AnalysisService

Sec.6.7

Provision of organization andexpertise to ensure effectiveparticipation in internationaldeliberations on food safety andtrade standards in collaboration

with DA Policy Analysis Service

• BAFPS recommended and endorsedparticipation of Philippine experts fromstandards-related organizations ininternational deliberations on standards.

• Participation in these meetings is limited

because of lack of budget.• This function was essentially given to NCC.

NCC has instituted a process for prioritizingthe Codex Meetings important for Philippineissues. NCC has also instituted a process for selection of appropriate delegates to theCodex Com. Meetings. NCC is temporarily“housed” by NAFC and has no operationalbudget, much less budget for participation inCodex Meetings.

Rule63.1.10

BAFPS serve as thePhilippines’ NationalEnquiry Point for SPSand other food safety andstandards concerns

Sec.6.8

BAFPS serve as the Philippines’National Enquiry Point for SPSand other food safety andstandards concerns

• BAFPS serves as the National Codex ContactPoint but performance needs to be improved.

•  As the Codex Contact Point BAFPS shouldthe “home” of the NCC and should act as thesecretariat of the NCC. BAFPS is not

agreeable to this arrangement.• DA Policy Research Service acts as SPS

notification point while BAFPS serves asenquiry point on food safety and standardsconcerns.

Sec6.9

Represent DA in inter-agencybodies involved withstandardization and consumer protection

Regularly done.

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.11

• Determination andimplementation of recall of products not fitfor human consumptionor pose hazards to

health of humans,plants and animals.

Sec.6.15

In collaboration with appropriateoffices and entities, determineand implement the recall fromthe market of commoditiesfound to be unfit for human

consumption or pose a hazardto humans, animal or planthealth, and undertakeprocedures for the destructionor disposal of confiscatedcommodities

No recalls have ever taken place in thePhilippines.16

16  Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical Report,Department of Agriculture, (May 2006)

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule63.1.12

• Levy and collection of fees for services to bemanaged under arevolving fundproposed by DA to

DBM to be created inthe 1999 Appropriations Act

Sec.6.17

Levy and collect fees for inspection, testing certificationand other services. Provided ,that the schedule of fees shallbe determined in consultation

with the Department of Finance,Commission on Audit and theDepartment of Budget andManagement (DBM), andsubject to the approval of theSecretary of Agriculture, exceptin instances where thecollection of said fees isprovided for under other laws.Provided further , that such feesshall be deposited to the Bureauof Treasury for the DBM, whichshall hold the fees in trust for the designated agency to bedisposed of in pursuance to the1999 Appropriations act or formpart of the corporate funds of the concerned governmentcorporation

• No revolving funds were appropriated for BAFPS

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AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 2005

Rule64.1

• Coordination with bothprivate andgovernment sectors

Sec.7.1

In view of the specializedtechnical and legal expertiseneeded in product standardsdevelopment, formulation andimplementation, the BAFPS

shall coordinate, seek theservices of, and consult withboth private and governmentagencies, research institutes,educational establishments andsuch other individuals andentities with expertise in thefield of product standards andconsumer safety

• This is a regular BAFPS activity as part of thestandard formulation process.

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I.C.1 BAFPS Establishment, Organization and Management, andOperationalization

4.7.22.On or before July 30, 1998 the Secretary shall issue an AO to establish the BAFPS and designate the BAFPS Director. As the BAFPS is being organized, the

Secretary may designate an officer of the Department to serve in a concurrent capacity as BAPFPS Director. (Rule 61.1)

Status: On 3 December 1998 DA Acting Secretary William D. Dar issued AO No. 17 - 1998 establishing BAFPS under the Office of the Secretary for the effective implementation and enforcement of agriculture and fisheriesproduct standards. The said AO likewise specified and elaborated BAFPSpowers and functions consistent with Section 63 of AFMA and the IRR. It alsorequired BAFPS to coordinate with DA and non-DA agencies with similar functions. The Secretary also designated Ms. Concepcion Lizada as the firstBAFPS Director.

On 19 October 1999 BAFPS submitted a proposal for 60 staff positions. On 9 October 2001, DA Secretary Leonardo Q. Montemayor committed to Secretary Boncodin of DBM the abolition of 97 vacant positionsfrom the various agencies and bureaus for the creation of 60 new positions for BAFPS. However, the DA Personnel Division found out that most of thepositions offered were already filled up.

On 11 December 2002 DA Secretary Luis P. Lorenzo wrote toSecretary Boncodin on the abolition of 67 vacant positions for the creation of 37 BAFPS permanent plantilla positions including the availment of one (1)legal expert and one (1) toxicological expert as local consultants. In March2003, the Presidential Management Staff under the Office of the President

wrote a letter to Secretary Boncodin instructing her to approve theregularization of BAFPS positions and its inclusion in the 2005 nationalbudget. It was only in March 18, 2004 that the DA Personnel Division certifiedthat the 67 vacant positions to fund the creation of 37 positions of BAFPS arestill vacant. On 14 December 2004, BAFPS complied with the request of DBMto submit the Bureau’s activities based on its mandated powers and functionsunder AFMA.

On 19 January 2005, BAFPS was informed by DBM that only 3 outof the 67 positions offered by DA are funded and the rest were not since theyhave been vacant for a long time. Nevertheless, DBM approved on 16 March2005 17 positions for designated sections of BAFPS, namely:

a) Office of the Director b) Standards Development Divisionc) Laboratory Services Divisiond) Technical Services Division.

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Hiring for the 17 approved positions is in the final stage. However,BAFPS still needs to comply with requirements set by the DBM in the March2005 approval of the 17 positions, including:

a) Submission to DBM of the Program, Activity and Project (PAP)Structure;

b) Confirmation of the savings of the Personal Services budget to fundthe approved 17 positions; and

c) Submission of Reports on Funded Vacant/Vacated Regular Positionsand Positions filled.

Furthermore, DA needs to submit a proposal to rationalize theproduct standards activities, facilities, resources and systems within theparameters and timeline of the DA Rationalization Program. DA has yet tomeet the above DBM requirements.

4.7.23.The BAFPS shall be headed by a Bureau Director and two or more Assistant Directors appointed by the President upon the recommendation of the Secretary.One of the Assistant Directors shall be concerned with consumer issues and theBAFPS shall incorporate a Consumer Protection Division. (Rule 61.2)

Status: The BAFPS is headed by a Bureau Director who was appointed on 19September 2005 after having been OIC since 16 July 2001. The BAFPSOrganizational Structure in “Annex A” of AO 17, Series 1998 included 2

 Assistant Director positions managing the Product Standards and TechnicalServices and, Industry Compliance and Consumer Protection. Under theProduct Standards and Technical Services are the Standards Developmentand Promotion and Technical Services Division. On the other hand, Industry

Compliance and Consumer Protection include the Industry Compliance andConsumer Affairs Division.

On 28 January 2000 Secretary Edgardo J. Angara issued AO No.1 -2000 (Amending Administrative Order No. 17- 1998) amending theorganizational structure of BAFPS abolishing the previous designation of two(2) Assistant Directors This was replaced by one (1) Assistant Director under which three (3) divisions were created, namely (1) Standards Development,Harmonization and Promotion Division, (2) Standards Enforcement, IndustryCompliance and (3) Technical Services Division and Consumer Affairs andSpecial Projects Division.

However, the latest version of its organizational chart approved bythe DBM in its letter of 16 March 2005 approving the staff complement of BAFPS, the final three (3) divisions are Standards Development Division,Laboratory Services Division and Technical Services Division. As of the endof 2005, BAFPS had 11 personnel: one with permanent position (theDirector), 4 seconded from FIDA, 4 contractual (including a janitor), one eachseconded from BPI and BAI.

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4.7.24.The organization and design of the BAFPS shall consider the existing Philippine agriculture and fisheries product standards, the related functions and 

 powers of the various agencies and offices of the Department and other agencies of government, including those provided under the Fisheries Code of 1998. On thebasis of the review the BAFPS Task Force referred to in Section 64 shall propose the

specific rules and activities of the BAFPS, and if necessary and appropriate, proposehow and when functions and their associated resources currently with other agenciesmay be consolidated within the BAFPS. (Rule 61.3)

Status: The BAFPS Task Force was organized by Section 8, AO 6 - 1998(the AFMA IRR) and was involved in the organizational phase of the BAFPS.

4.7.25.The BAFPS TF shall consult with the BFAR and the BAI on the appropriatedelineation of their respective functions in consideration of the provisions of the

 Animal Welfare Act of 1998 and the Fisheries Code of 1998, as well as practical considerations of the logistics, ease of administration, adequacy of budgets and 

 personnel and agency capability. Their agreements shall be embodied in

Departmental Amos jointly drafted by for the approval of the Secretary. Incollaboration with the appropriate agencies, the BAFPS shall have the following 

 powers and functions. (Rule 63.1)

Status: Sec. 6, AO 17 - 1998 reiterated the need for BAFPS to coordinatewith BFAR and PFDA. However, the relationship between BAFPS and BFARand PFDA has never been defined. BFAR insists that the Fisheries Code istheir operative law.

4.7.26.In addition to those from government agencies, the pool of experts shall alsoinclude experts from the private sector and concerned industry associations, POs and NGOs. (Rule 64.1)

Status: Sec. 71, AO 17 - 1998 provided that BAFPS shall coordinate, seekthe services of, and consult with both private and government agencies,research institutes, educational establishments and such other individualsand entities with expertise in the field of product standards and consumer safety in view of the highly technical and legal expertise needed in thestandards, development and implementation. For standardsdevelopment/formulation, BAFPS coordinates with private and governmentagencies through the Technical Committees which has representation fromindustry stakeholders, Goes, and NGOs, research institutions and academicinstitutions. BAFPS has yet to tap legal experts.

Under the World Bank-assisted Diversified Farm Income and MarketDevelopment Project (DFIMP), BAFPS hired on February 13, 2006 Dr. CecileMcMurray as Senior Technical Advisor to advise on strengthening safety andquality assurance systems for market development. In particular, theconsultant worked on the institutional and physical strengthening of BAFPSrecognizing that the current system of control was not as effective as it shouldbe. Along with the international expert were two local exports, Domingo F.Casaba and Dr. Maxima E. Flakier commissioned to work on Streamlining of 

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Quarantine Services of the Department of Agriculture and Development of Rationalization Plan of the Department of Agriculture Regulatory Laboratory,respectively.

4.7.27.The multi-sectoral BAFPS Task Force is hereby created to formulate the 

design of the BAFPS. On or before July 30, 1998, the Department Assistant Secretary charged with Regulatory and Consumer Services or another officer asdesignated by the Secretary shall assume the chair of the BAFPS TF. The BAFPSTF shall enable multi-sectoral consultations and the sharing of resources for theorganization and early operationalization of the BAFPS. The Chairperson of theBAFPS TF is hereby authorized to draw resources from the concerned agencies suchas, but not limited to: BPI, BAI, LDC, NMIC, BFAR, NFA, NNC, FDC and BAR inorder to organize a secretariat for the BAFPS TF and the initial operations of theBAFPS. (Rule 64.2)

4.7.28.The TF shall be appointed from the pool of experts by the Secretary upon the recommendation of the TF Chairperson. The BAFPS TF shall prepare the terms of 

reference, funding and manpower requirements of the BAFPS for approval by theSecretary not later than September 30, 1998. (Rule 64.3)

4.7.29.Upon approval by the Secretary of the design an initial workplan of the BAFPS, the BAFPS TF shall cease to exist. The pool of experts will, however,continue to provide technical assistance to the Department on matters related to theBAFPS. (Rule 64.4)

Status: The TF was activated to prepare the BAFPS terms of reference,funding and manpower requirements and ceased to exist after that. Sec. 8,

 AO 17 – S 1998 appointed the BAFPS TF to serve as BAFPS AdvisoryCommittee together with representatives of other government agencies and

the private sector. It was kept busy in the early days of the BAFPS’ existence.

I.C.2 BAFPS Powers and Functions

4.7.30.The coverage of the BAFPS shall include standards related to consumer health and safety and efficient trade of raw, fresh,  primary and secondary processed agricultural and fisheries products, both food and non-food. On or before December 30, 1998 the Secretary, upon the recommendation of the BAFPS, shall issue aDepartment AO specifying the full listing of the products covered by the BAFPS.(Rule 62.1)

Status: A matrix on the delineation of functions between BAFPS and other regulatory agencies under DA was submitted to DBM on 9 October 2003based on the consultation meeting with DBM, COCAFM and DA-PersonnelDivision. Similarly, a copy of the proposed delineation of functions betweenBAFPS and BFAD-DOH was submitted to DBM on 12 December 2003.BAFPS had deliberations on the listing of product coverage with BFAD andfew DA agencies but still DA has not issued an AO specifying the full listing of the products covered by BAFPS.

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Box 4.7.2. BAFPS Product Coverage Per DA AO No. 6, 1998 (AFMA IRR)

“Fresh agricultural and fishery products” refers to agricultural and fisheries products

newly taken or captured directly from its natural state or habitat, or those newlyharvested or gathered from agricultural areas or bodies of water used for aquaculture(e.g., fish sold fresh).

“Primary processing” refers to the physical alteration of raw agricultural or fisheryproducts with or without the use of mechanical facilities (tuna sold as sushi, dressedchicken).

“Secondary processing” refers to the physical transformation of semi-processed

agricultural or fishery products (dried fish).

Source: Republic Act 8435 

4.7.31.In collaboration with the appropriate agencies, the BAFPS shall have thefollowing powers and functions. (Rule 63.1)

30.a. To formulate and enforce standards of quality that will ensure human healthand safety and efficiency in the consumer consumption, marketing and tradeof agricultural and fisheries products, both for export and import. Enforcement shall include the formulation and implementation of standards utilized in theenforcement of quarantine relative to products for human consumption. (Rule63.1.1)

30.b. Develop and implement in association with the Department, and Other Departments, selected SUCs and LGUs, the codes of practice and guidelinesfor the food safety and efficient trade standards in postharvest handling,

 primary and secondary processing, packaging, labeling, advertising,distribution and marketing of agricultural and fisheries products. (Rule 63.1.2)

Status: The MOA with other agencies defining aspects of productstandards and regulations required under AO 17, S 1998, Section 7.2 has notbeen signed.

Notwithstanding the authorizations granted by AO 17 – Series1998 for standards formulation and enforcement, BAFPS activities werefocused on standards formulation, mainly due to lack of resources, both staff 

and budget. Standards development is in full swing mostly for plant productsand mostly voluntary and not mandatory standards.

 

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BAFPS has finalized the following standards:

Product PNS Number  

 Anthurium PNS/BAFPS 23:2005 ICS 65.020.20Banana (saba/cardaba) PNS/BAFPS 08:2004 ICS 65.020.20

Broccoli PNS/BAFPS 16:2004 ICS 65.020.20

Bulb onions PNS/BAFPS 14:2003 ICS 65.020.20

Cabbage PNS/BAFPS 17:2004 ICS 65.020.20

Calamansi/calamondin PNS/BAFPS 30:2006 ICS 65.020.20

Carnation, fresh PNS/BAFPS 02:2003 ICS 65.020.20

Carrot PNS/BAFPS 38:2006 ICS 65.020.20

Cauliflower PNS/BAFPS18:2004 ICS 65.020.20

Chrysanthemum (live flowering

potted plantsPNS/BAFPS 03:2003 ICS 65.020.20

Chrysanthemum (spray type) PNS/BAFPS 05:2003 ICS 65.020.20

Chrysanthemum (standard) PNS/BAFPS 04:2003 ICS 65.020.20

Coffee beans (green) PNS/BAFPS 01:2003 ICS 65.020.20

Corn, grits PNS/BAFPS 15:2004 ICS 65.020.20

Corn, shelled PNS/BAFPS 10:2004 ICS 65.020.20

Durian PNS/BAFPS 12:2004 ICS 65.020.20

Eggs (table) PNS/BAFPS 35:2005 ICS 65.020.20

Lettuce (head) PNS/BAFPS 19:2004 ICS 65.020.20

Mango (fresh) PNS/BAFPS 13:2004 ICS 65.020.20

Mangosteen PNS/BAFPS 31:2006 ICS 65.020.20

Orchid (spray type) PNS/BAFPS 06:2003 ICS 65.020.20

Organic Agriculture PNS/BAFPS 07:2003 ICS 65.020

Papaya PNS/BAFPS 33:2006 ICS 65.020.20

Pili nuts PNS/BAFPS 34:2005 ICS 67.080.10

Pineapple PNS/BAFPS 09:2004 ICS 65.020.20

Pummelo PNS/BAFPS 11:2004 ICS 65.020.20

Roses PNS/BAFPS 24:2005 ICS 65.020.20

Tomato PNS/BAFPS 26:2006 ICS 65.020.20

Virgin coconut oil PNS/BAFPS 22:2004 ICS 67.200.10

Standards for finalization include:

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Product PNS Number  

Bangus, boneless

DanggitNata de coco, raw PNS/BAFPS 32:2005  ICS 67.080.01

Organic fertilizer 

Tilapia, fillet

Young coconut water, chilled PNS/BAFPS 28:2005  ICS 67.160.20

Standards in different stages of consultation include:

Product PNS Number  

Coco Coir 

Meat cuts

Milk, fresh PNS/BAFPS 11:2004 ICS 65.020.20

Rice

BAFPS also developed the “Code of Hygienic Practice for the Saleof Fresh Agriculture and Fisheries Products in Markets and AuthorizedOutlets” and “Guidelines for the Certification of Good Agricultural Practices for Fruits and Vegetables Farming”.

30.c.  Assist government offices and agriculture and fishery enterprises to establishthe scientific basis for domestic food safety and nutrition standards and codesof practice and the alignment of these with internationally accepted standardsand practices. (Rule 63.1.3)

Status: Local experts from the members of the Technical Working Groupof Corn Quality Management from PHTRC, NFA, BPRE, BAI and BFAD weretapped to conduct trainor’s training on the prevention and control of aflatoxinin 2005.

30.d. Coordinate with government offices and agriculture and fishery enterprises todevelop an early-warning system on developments and trends in international food safety and nutrition standards and codes of practice, to enable adequatedomestic adjustment in these. (Rule 63.1.4)

Status: BAFPS has no activities related to this function.

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30.e. Ensure the participation of representatives of all affected parties, bothgovernment and non-government in the formulation of agricultural and fishery 

 product standards and codes of practice for commodity and food safety and efficient trade. (Rule 63.1.5)

Status: BAFPS established Technical Committees and Task Forces withparticipation from both government and non-government sectors in theformulation of standards and codes of practice (including internationalstandards. Special Orders 411, S 2001 and 96 – Series 2002 were issued for the purpose.

30.f. Establish and maintain, in collaboration with the NIN and the appropriateresearch institutions and SUCs, the database, Management InformationSystem (MIS) and M&E, and research on commodity and food safety and nutrition standards. (Rule 63.1.6)

Status: Collaboration with NIN on establishing and maintaining database ison-going.

30.g. Rule 63.1.7 Conduct product testing, surveillance and inspection of food handling, processing and storage facilities, including abattoirs, fish ports and landing areas and markets, for compliance with approved standards and codes of practice, and establish and operate testing centers and researchlaboratories for this purpose. (Rule 63.1.7)

Status: BAFPS conducts inspection only of markets and abattoirs.

30.h. Rule 63.1.8 Establish an inspection and certification system including third  party accreditation and a professional Certification System for commodity standards professional to ensure cost-effective implementation of standardsand codes of practices. (Rule 63.1.8 )

Status: BAFPS conducts first party certification scheme for Good Agricultural Practices (GAP) and third party accreditation for organicagriculture.

30.i. In collaboration with the Department PAS, provide organization and manpower expertise to ensure effective preparations and background for government participation in the deliberations on international food standards,including those related to the WTO, SPS), FAO, WHO, Codex AlimentariusCommission (CAC), the Office Internationale des Epizootics, the International Plant Protection Convention (IPPC) and other international bodies formulating international food safety and efficient trade standards, and, subject to thedirection of the Secretary, be responsible for government participation in thedeliberations of the above international bodies. (Rule 63.1.9)

Box 4.7.3. Philippine National Codex Committee

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The Codex National Committee was established under the Joint Department  Administrative Order No. 1, S 2005 (DA) or No. 2005-0028 (DOH) signed between theDepartment of Agriculture and Department of Health on 25 th November 2005. This JDAOwas established pursuant to the Codex Asian Regional Guidelines which provides that each member-country must establish an NCC primarily to advise governments on theimplications of various standardization and food control issues which have arisen and arerelated to the work undertaken by the CAC and to support the work of the Codex Contact Point.

The NCC is composed of (1) Executive Committee, (2) Technical Committee, and (3) Sub-Committees and Task Forces. The NCC is composed of government agencies,non-government organizations, and the industry sector with an interest in the nature and content of Codex texts. It includes food control agencies, scientific and technical institutions, trade bodies, consumers, farmer organizations, and food manufacturers.The BAFPS shall be the National Secretariat of the NCC. In the initial operation, theNational Agricultural and Fishery Council (NAFC) Fisheries and Aquaculture Section(FAS) shall act as interim Secretariat in coordination with BAFPS.

The objectives of the NCC are:

To provide a mechanism for integrating Codex decisions and activities into the programs of food control agencies, and those of other government and non-government organizations with responsibility to ensure the safety of foods;

To ensure that Codex food standards, guidelines, codes of practice and other recommended measures reflect national interests and local capabilities and donot hinder food trade;

To serve as a venue for government agencies, non-government organizations,and industry associations, to work together in the development of country 

 positions on pertinent Codex issues, and in the evaluation and dissemination of Codex texts; and 

To institutionalize the establishment of technical expertise for cost-efficient and effective country participation in Codex meetings.

The expected outputs of the NCC are:

Identified priority Codex issues and country positions on these issues;Scientific database in support of country positions; A mechanism for facilitating the integration of relevant Codex decisions into the

national food standards and food safety control programs; An integrated work plan and budget for the generation of scientific data,

 preparation of country positions, and for effective participation in Codex activities;

 A National Codex Information System (NCIS);Selection of appropriate technical expert/s in the country delegation to Codex 

meetings.

Source: Joint Department Administrative Order No. DA-01 and DOH 2005-0028, S 2005 

Status: BAFPS role in providing organization and manpower expertise

to ensure effective participation in Codex Alimentarius Commission meetingsis minimal. This function is performed by the newly organized PhilippineNational Codex Committee (NCC) which is temporarily housed in NAFC andexists with a small budget support from NAFC, BAFPS, DA agencies andDOH agencies. The critical NCC activities - - government and private sector collaboration in the development of country positions on pertinent Codex

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issues, and in the evaluation and dissemination of Codex texts; establishmentof technical expertise for cost-efficient and effective country participation inCodex meetings; and participation in Codex Committee meetings - - are notfunded. BAFPS should be host and Secretariat of the NCC, but it is not.

30.j. Serve as the Philippines’ National Enquiry Point for SPS and other food safety and standards concerns. (Rule 63.1.10)

Status: BAFPS performs this function but needs to improve especially withrespect to the timely transmission/submission to CAC of the Philippineposition on standards issues as well as dissemination of information onmeetings as well as standards.

30.k. Determine and implement, in collaboration with the appropriate offices and entities, the recall from the market of commodities that are determined to beunfit for human consumption. Provided, that confiscated commodities are tobe destroyed. (Rule 63.1.11)

Status:No recalls have been implemented

30.l. Levy and collect fees for its inspection, testing and certification services.Provided further, that such fees shall be managed under a BAFPS revolving fund, proposed by the Department to the DBM to be created in the 1999

 Appropriations Act. (Rule 63.1.12)

Status: No revolving fund was created in the 1999 Appropriations Act.

II. FINDINGS AND ANALYSIS

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II.A AFMA PSCS and the Philippine Agriculture and Fishery Safety andQuality System

4.7.32.The Philippine agriculture and fisheries safety and quality system ischaracterized by numerous government units that have overlapping and

uncoordinated standards formulation and enforcement functions. (Table 4.7.4)There are gaps despite the overlaps. The system is generally inefficient and reactive.It appears to prioritize food export issues. And based on the recent cases of foodborne illnesses and deaths, the system is not working. For example, thefisheries sector was forced to be serious in certification of fish manufacturing plants,especially the HACCP approach when the United States Food and Drug

 Administration imposed this requirement of all facilities for its products to be allowedentry into the United States. More recently, the European Union issues, also onfishery products, forced the BFAR undertake serious system overhaul (i.e.,organizational and procedural adjustments), albeit unsuccessfully, mainly to complywith the import requirements and be recognized as a Philippine “competent” authority.However, there are well-known accomplishments of the DA in the areas of control of 

foot and mouth disease and the prevention of the Avian Influenza Virus infection, thecontrol of mango pulp weevil infestation, the regulation of the use of chlorpyrifos inmangoes, among others. The DA should be commended for its role in making thePhilippines the only significant poultry producer that has not been affected by thepandemic.

4.7.33.The government has not appropriated funds for PSCS. The AFMP for 2000-2004 did not contain such a budget line item. The only funding AFMA got were thesalaries of the Director and personnel detailed from other DA agencies. BAFPS wasfortunate to have been granted funding support by the DA commodity program.Budget has not been made available for even the basic requirements of hiringqualified personnel; procurement of adequate facilities and their operation, including

laboratories and equipment; research, training and information collection anddissemination activities; and participation in international fora on food safety.

4.7.34.AFMA was an attempt to integrate the agriculture and fisheries safety andquality control system into one organization. Government was determined to achieveeffective collaboration and coordination among agencies across the entire food or supply chain through the establishment of BAFPS. AFMA is indeed headed in theright direction. However, DA needs to make significant progress in food safety andquality and consumer protection. The fragmented food supply chain and largenumbers of small producers involved in food chain increases the risk of foodexposure to unhygienic environments, contamination and adulteration. The continuingpoor posharvest handling, processing and storage of food by the small businesses

caused by lack of appropriate facilities and knowledge and expertise in technologyapplication pose problems.

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Table 4.7.4DEPARTMENT OF AGRICULTURE AGENCIES AND THEIR RESPONSIBILITIES1

AGENCY FOCUS REG LIC INSPReg.LAB

Res.LAB

ACC CERT

Bureau of Agriculture and

Fisheries ProductStandards

BAFPS Raw, primary- and secondary-

processed agriculture and fisheriesproducts

Bureau of Animal Industry BAI Quarantine - Live animals (and milk)includes Veterinary Service,Vaccines, Aflatoxin in animal feeds

National Meat InspectionService

NMIS Meat2 and meat products

Sugar Regulatory Administration

SRA Focuses on Sugar and Sugar  products

Bureau of Fisheries and Aquatic Resources

BFAR Quarantine – live fish and their primary products canned tuna andfrozen products

?

Bureau of Plant Industry BPI Quarantine – fresh agricultural cropsand seeds testing and certification –pesticide residues (MRLs)

Fertilizer and Pesticide Authority

FPA Licensing of premises and products –formulation of MRLs

Fiber IndustryDevelopment Authority

FIDA Fiber crops but excluding cotton

1  Adapted from Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.Technical Report. Diversified Farm Income and Market Development Project. DA/World Bank. Feb. 2006.

2   BFAD-DOH has related responsibilities.

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AGENCY FOCUS REG LIC INSPReg.LAB

Res.LAB

ACC CERT

Cotton Development Authority

CODA Cotton and cotton fiber 

Philippine Coconut Authority

PCA Coconut and coconut products

National Food Authority NFA Markets and Marketing (Rice andCorn)

Food DevelopmentCenter, NFA

FDC-NFA

 All food products

National Tobacco Authority

NTA Tobacco growing – dried leaves

Bureau of Post harvestResearch and Extension

BPRE All products, especially rice and corn

Food DevelopmentCenter – NFA

FDC –NFA

 All food products

Industrial TechnologyDevelopment Institute –DOST

ITDI –DOST

Processed food products

Legend: REG-Regulatory powers; LIC-Licensing powers; INSP- Inspects; Reg LAB- Laboratory carrying out regulatory functions; Res LAB-Laboratory for carrying out Research: ACC-Powers for Accreditation; LIC- Licensing power; CERT- certifies.

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II.B. AFMA PSCS and Its Implementation

4.7.35.The enactment of AFMA with its promise of substantial funding in addition tothe DA regular budget, and the creation of BAFPS did not help improve the agri-fisheries safety and quality system or provide adequate support for its efficient

operation. The creation of BAFPS also fostered a divide especially among the DAstandards and regulatory agencies. It was perceived as a threat to the other agencies especially because the specific product coverage and functions with regardto standards formulation and enforcement or regulation were not provided. In fact theIRR even made it more tenuous when it elaborated on the functions that were clearlywithin the purview of the other agencies. AFMA’s prescription was like“superimposing” BAFPS in the existing agriculture and fisheries quality and safetysystem in the DA and in other agencies. 4.7.36.It is lamentable that strongest resistance to BAFPS was shown by the DAagencies. Instead of collaborating, cooperating and accepting BAFPS with a possibleunique supportive role, the agencies did not accept the delineation of functions. Most

agencies use the existing powers and authorities given by the laws and orders whichcreated their agencies. It is amazing how the tug of war persists to this day eventhough BAFPS is directly under the Office of the Secretary.

4.7.37.To make matters worse, BAFPS was never appropriated a budget since 1998.BAFPS was added to the list of government agencies involved in food quality andsafety that could not be and have not been effective primarily because of lack of budget despite AFMA’s commitment for increased funding for the agriculture sector and the DA’s operations. Within the 7 years of the life of AFMA, BAFPS was never really operationalized. Until recently, BAFPS was severely handicapped with a smalloffice space with limited office furniture, and 7 staff. Its operations practicallydepended on funding from the DA rice, corn, high value, and livestock programs. The

failure of BAFPS to obtain approval of the staffing and budget for both personnel andoperations is the principal reason for the very much delayed operationalization of BAFPS, and failure to fulfill all its functions.

4.7.38.Even with the approval of the 17 positions and the recruitment completed, thefate of BAFPS largely depends on the outcome of the studies on the rationalization of the DA. The interim measure suggested by DBM is for BAFPS to be lodged in theOffice of the Secretary, specifically under the Office of the Undersecretary for Staff Operations, as part of the General Administration and Support Services since it hasnot been included in the AFMA. In the meantime, BAFPS activities will remain limiteduntil the DA complies with the requirements by the DBM.

4.7.39.The current responsibilities or mandate of BAFPS are not realistic and notachievable. The mechanism for the implementation of BAFPS mandate isunworkable. An analysis of the current authorization or mandate and configurationconducted by Dr. McMurray showed that they are not achievable and notappropriate17. Dr. Mc Murray pointed out that BAFPS should not be an implementing

17 Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agricultureand Fisheries Product Standards. Technical Report. Diversified Farm Income and Market

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agency, but a policy setting body with oversight function and the power to scrutinizethat the policies/standards are being implemented satisfactorily throughout thePhilippines. Policy should be separate from implementation in accordance with therequirements of current international best practice. BAFPS should not be responsibleto perform a policy function (i.e., formulation of standards) and an implementation

function (i.e., enforcement of standards) at the same time.

II.C Stakeholders Views on AFMA PSCS

4.7.40.As part of the review, the team held workshops and conducted a survey of keyinformants in 16 regions of the country to elicit comments on the AFMA benefits tothe different agricultural based industries and feedback regarding the priorities of thelaw

II.C.1 Regional Workshops

4.7.41.The regional workshop participants were divided into relevant commoditygroupings. Each group was asked to assess the general impact, implementation andbudget of the PSCS, giving the reasons for the rating; identify the major issues andconcerns; and propose budget allocation for the component. The workshop outputsreflect the general lack of awareness and understanding of product quality and safetycontrol. The participants are also generally unaware of the AFMA PSCS componentand BAFPS and its powers and functions. Those who are aware of BAFPSquestioned the capability of BAFPS given its delayed operationalization and lack of personnel. Nevertheless participants expressed satisfaction with well-known andrecent activities of BAFPS and other related agencies (BPI and BFAR) such as,efforts on detection and control of aflatoxin and other mycotoxins, red tide monitoring,

HACCP training in the fisheries sector and BAFPS standard setting activities andconsultations.

General Impact of Product Standardization and Consumer Safety

4.7.42.Table 4.7.5 shows that the AFMA PSCS had generally moderate impactacross commodity groups.

 Abaca and Coconut. Region 4B is the rater for these commodities.Participants from this region agree that the AFMA PSCS Component had highimpact on coconut industry (particularly virgin coconut oil, copra and coir), butonly moderate impact on abaca industry. Coconut producers and processors

are aware and conscious about product safety. There was also increaseddemand by consumers for high quality coconut products, e.g., virgin coconutoil. This may be an effect of the series of seminars and consultationsconducted by BAFPS and PCA in connection with the formulation of VCOstandards. Unlike the coconut industry, the abaca industry was onlymoderately affected by the PSCS. Standards are used only in the exporters’

Development Project. DA/World Bank. Feb. 2006.

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grading and baling facilities and not by the producers at the harvest andpostharvest points of the supply chain.

Table 4.7.5Stakeholders’ Assessment of AFMA Product Standardization and Consumer 

Safety General Impact

Corn Rice Grains Fisheries Abaca

Coconut 

(VCO, Coir,

Copra)

HVCC Livestock &

Poultry 

1 None Low Moderate None None

CAR Low High Moderate

2 Low High Moderate Low Low

3 Moderate LowHigh

(Aquaculture)Low Moderate

4A Moderate Moderate Moderate Low Moderate

4B Moderate None Low Moderate High Moderate None

5 Low Moderate Moderate Low Moderate

6 Moderate Low Low High Low

7 Low Moderate Low Low

8 Low None Moderate Moderate None

9 Moderate Moderate Moderate Moderate

10 Moderate Moderate Low None

11 Moderate None Low

12 Low Low Moderate Moderate

CARAGA Low Moderate Low

ARMM None Low None Moderate

Most

Frequent

Response

ModerateLow/

ModerateLow Moderate Moderate High Low Moderate

COMMODITY GROUP

Region

Note: Blank cell means either no discussion group for the commodity group was formed or no response.“None” means no impact.

Corn. Five out of 11 regions (Regions 3, 4A, 4B, 6, and 9) represented in theworkshop are convinced that the AFMA PSCS had a moderate impact on thecorn industry. The main reason for this rating is the conduct of a series of consultations and training of farmers, livestock raisers, AgriculturalTechnicians and other LGU agriculture personnel on prevention, detection andcontrol of aflatoxin and other mycotoxins contamination. The five regionsappreciated the consultations and demands for more of such training to cover more LGU personnel and more areas. On the other hand, respondents wereconcerned about the failure to operationalize BAFPS, the capability of BAFPSpersonnel to perform their functions, and the lack of field services by BAFPSsince it has no field office. Participants from said 5 regions also want BAFPSto fast track the preparation of standards for corn and corn products. Regions1 and ARMM participants agree that PSCS had no impact since the PSCSwas not implemented in Region 1, while ARMM participants said theproduction program in that area focused on rice and not corn.

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Grains. More than half of the regions represented (CAR, Region 12 andCARAGA) rated the PSCS implementation impact on the grains sector low.CAR participants did not feel AFMA PSCS. They gave importance toharmonizing the Philippine standards with international standards and theenforcement of these standards. They resent the fact that traders dictate

quality standards. Region 12 participants did not believe that farmers got anybenefits from the PSCS implementation. Farmers still have no awareness of standards, and are, therefore, not adopting them. For CARAGA Regionparticipants, lack of awareness of standards, lack of testing facilities andequipment (especially moisture tester, and lack of posharvest facilities are thereasons why they believe the PSCS did not make a difference in the grainsindustry. Region 10 and Region 11 participants agreed that farmers are notaware of standards and those who know do not apply the standards.

 Although NFA applies standards on moisture content and purity, it cannotinfluence producers to adopt standards except when they sell to NFA. Thefact is farmers do not always sell to NFA. Some participants complained thatNFA is too strict when evaluating the quality of the farmers’ grains offered to it.

Rice. Participants from Regions 4A, 5, 7 and 9 were convinced that the AFMAPSCS had moderate impact on the rice sector. Some farmers said they arenot aware of standards. Those who know the standards are not strictlyfollowing them. Even improved milled rice sold does not meet the 97% purityrequirement. Improper spraying can be a possible health hazard.

 An equal number of regions (1, 3, 6 and ARMM) agreed on the low impact of the PSCS. Participants find NFA’s enforcement of standards lax, whileproducers know little about standards, and therefore do not implement them.Region 6 participants are happy with the implementation of Integrated PestManagement (IPM) and organic rice production. However, they raised the

issue of the lack of information dissemination on organic farming, and theabsence of an organic farming certifying body at the local level.

Fisheries and Aquaculture. The majority of regions gave AFMA PSCS amoderate impact rating for a variety of reasons. For Region I, municipalordinance on fisheries exist but are not strictly implemented. Consumer information dissemination is not implemented well. Region 2 participantspointed out the public misinformation on the quality and safety of fisheryproducts, unsanitary processing of some products (e.g., corroded bagoongcontainers, and filthy fish boiling vats in the processing of smoked fish), lack of control on the use of food colors and other additives, and the failure of LGUsto implement product standards and food control due to lack of capability are

manifestations that the PSCS is not making a good impact. Region 4Apointed out a lot of good things but still rated the PSCS impact moderate.These are: standards are in place; GMP and HACCP are used for qualityassurance; and assistance on accreditation is provided. On the other hand,Region 5 participants believe that PSCS deserves the moderate impact ratingbecause of: lack of awareness on product standards and consumer safety,absence of monitoring and surveillance due to lack of personnel, and

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politically influenced implementation of PSCS18  are some of the reasons for Region 5’s rating. Region 8’s reasons for the “moderate” rating are: selectiveimplementation of standards, absence of fish inspection prior to sale (spoiled,and fish caught using cyanide continue to be sold), lack of qualified personnelto do inspection in the municipality, and use by buyers of standards other than

BFAR’s. Region 9 is contented with the availability of standards, qualitycontrol services and training. The good red tide monitoring is the only positivefeedback for Region 10.19 Region 10 has a number of issues, namely:limited implementation of food control, lack of equipment and qualifiedpersonnel for cyanide and formalin tests, lack of inspectors, absence of qualitycontrol in hatcheries, LGUs failed to implement food control measures, lack of political will to enforce standards, and lack of standards for processed fisheryproducts. Lack of government fish inspection is the only reason for the“moderate” rating given by CARAGA Region.

High Value Commercial Crops. Five regions agreed that PSCS has a lowimpact on HVCC. Region 2 has limited awareness of standards. The

activities implemented in the Region were not identifiable with AFMA PSCS.Region 3 participants believe that BAFPS has not really been operationalizedmainly because it had no staff. In Region 4, they were not aware of theexistence of BAFPS and agriculture and fisheries products standards. BAFPSwas considered an infant agency by Region 5. The standards formulated arelimited and the compliance with available standards is low. The public haslimited awareness of the standards and consumer safety issues.

Livestock and Poultry. Of the 15 regions which gave ratings, six gave“moderate” impact rating. Region 3 indicated that the inadequate budget anduntimely release prevented the formulation of standards for processed meat.Region 4A is concerned that standards and regulations are not enforced, and

standards are not harmonized with international standards. As far as Region5 is concerned, implementation of PSCS activities should be improved,particularly the determination of aflatoxin in feeds and biologic residues. InRegion 9, improvements are needed in the packaging and labeling of meatand meat products. Region 12 adopts standards and there are regular training on standards, and regular inspection is conducted for accreditation. In

 ARMM, NMIS rules and regulations are strictly enforced, e.g., standards for Halal slaughtering. However, there are concerns about the prevalence of backyard slaughtering, improper labeling of products, and improper handlingof live animals transport to markets.

Budget Allocation for Product Standardization and Consumer Safety

18 No clarification is available in the transcripts of the workshop reports.19 Note that BAFPS is not involved in red tide monitoring.

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4.7.43.Almost all the regions agreed that PSCS had inadequate budget allocation(Table 4.7.6). A few regions believed that it was more appropriate to give a “none”(meaning no budget) response considering that there was really no AFMA budgetallocated if budget incremental to the DA regular budget was considered. Theparticipants feel that the PSCS budget was not enough for fundamental activities that

would make a difference to the agriculture and fisheries sector as envisioned by AFMA. Funding was needed for the implementation and expansion of start-upactivities, such as: standards formulation for many products; informationdissemination and promotion of standards adoption; monitoring and enforcement;consultation and training on quality and safety assurance measures (e.g., detectionand control of aflatoxin, GMP, HACCP) for producers, processors, LGU AgricultureStaff, and consumers; set-up or upgrade of facilities and equipment for laboratorytesting and make these services accessible; laboratory maintenance and operatingexpenses; and BAFPS and LGU personnel and personnel capability building.

Table 4.7.6

Stakeholders Assessment of AFMA Product Standardization and Consumer SafetyBudget Allocation

Corn Rice Grains Fisheries Abaca

Coconut 

(VCO, Coir,

Copra)

HVCC Livestock &

Poultry 

1 None Inadequate Inadequate Inadequate None

CAR None Inadequate Inadequate Inadequate Inadequate

2 Inadequate Inadequate Inadequate Inadequate

3 Inadequate Inadequate Adequate Inadequate Inadequate

4A Inadequate Adequate Inadequate Inadequate Inadequate

4B Adequate Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate

5 Inadequate Inadequate Inadequate Inadequate Inadequate

6 Inadequate Inadequate Adequate Inadequate

7 Inadequate Inadequate None None Inadequate

8 Inadequate None Inadequate Inadequate None

9 Inadequate Inadequate Inadequate Inadequate

10 Inadequate Inadequate Inadequate

11 Inadequate Inadequate Inadequate Inadequate

12 Inadequate Inadequate Inadequate Inadequate

CARAGA Inadequate Inadequate Inadequate

ARMM Inadequate Inadequate Inadequate Inadequate Inadequate

Most

Frequent

Response

Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate

Region

COMMODITY GROUP

Note: Blank cell means no discussion group for the commodity group was formed or no response.“None” means workshop participants believe no budget was allocated.

Implementation of Product Standardization and Consumer Safety

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4.7.44.Five of the eight commodity groupings across all regions agree that the PSCSimplementation was poor (Table 4.7.7). The reasons for this rating are practically thesame as the reasons of the budget rating. Participants in the workshops madespecial mention the consultations and training for the detection and control of aflatoxin (especially in corn) that were started in 2005 by the Corn Program. For 

fisheries and aquaculture sector, red tide monitoring is quite well known andappreciated.

Table 4.7.7Stakeholders’ Assessment of AFMA Product Standardization and Consumer Safety

Implementation

Corn Rice Grains Fisheries Abaca

Coconut 

(VCO, Coir,

Copra)

HVCC Livestock &

Poultry 

1 Poor Poor Fair Poor None

CAR Poor Fair Fair  2 Poor Good Fair Poor Poor  

3 Fair Poor Good Poor Fair  

4A Fair Poor Fair Poor Fair  

4B Fair Poor Fair Good Fair Poor  

5 Poor Fair Fair Poor Fair  

6 Poor Poor Poor Good Poor  

7 Poor Fair Poor Poor Poor  

8 Poor None Poor Fair None

9 Fair Good Good Fair  

10 Poor Poor Poor Poor  

11 Fair Poor/Good Poor  

12 Poor Poor Poor Fair  

CARAGA Poor Fair Fair  

ARMM Poor Poor None Fair  Most

Frequent

Response

Poor Poor Poor Poor Fair Good Poor Fair  

Region

COMMODITY GROUP

Note: Blank cell means no discussion group for the commodity group was formed or no response.“None” means the participants were not aware of any implementation that took place.

Priority Focus for Intervention and Proposed Budget Allocation

4.7.45.The priorities for intervention spans the AFMA mandated functions of BAFPS,including: fast track standards formulation for agriculture and fisheries products, bothfresh and processed; enforcement of standards and regulations; standards promotion

among producers, marketers and processors; information and training for producers,marketers and processors; consumer education; and provision of accessiblelaboratory testing facilities (Table 4.7.8). However, there is also a call for the reviewof BAFPS’ mandate; the operationalization of BAFPS, including its presence in thelocal level; and the activation of the LGUs’ role in the inspection system.

4.7.46.The overall average budget allocation proposal for PSCS is 5.57%, bestingonly Information Support, Trade and Other Services Components. Of the seven

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commodity groups, livestock, fisheries, and HVCC have the highest PSCSintervention requirement, proposing the highest budget allocation ranging from 7 –7.6%. This is probably because of the export/import orientation of thesecommodities.

Table 4.7.8Stakeholders' Assessment of AFMA Product Standardization and Consumer Safety:

Priority Focus for Intervention and Proposed Budget Allocation

PRIORITY FOCUS FOR INTERVENTIONPROPOSED BUDGET

ALLOCATION (% of AFMABudget)

Corn (11 Regions)

BAFPS needs to finalize quality standard for corn & consumer safety

3.7%

Set policy to allow DA to revolve the proceeds from aflatoxinexamination/analysis for the procurement of reagents andother laboratory supplies

Grains (5 Regions)

None 3.0%

Rice (11 Regions)

None 2.8%

Fisheries (16 Regions)

Formulation of standards for products. 7.2%

HACCP training of producers and processors.

Information campaign on consumer safety among producersand consumers.

Strict enforcement of product standards.Provision of laboratories in strategic places.

Training of stakeholders on product quality and safety.

Ensure quality fishery products in preparation for exporttrading and ensure consumer safety.

Competent manpower from BFAR.

Finish standards proposed by the National SeaweedsDevelopment Program (NSDP).

Set-up BAFPS in the region.

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Table 4.7.8. Cont’d

HVCC (14 Regions)

Information dissemination and enforcement of standards. 7.0%

Laboratory facilities.Full operationalization of BAFPS.

Upgrading of needed laboratory facilities for accredited methods of analysis (HighPerformance Liquid Chromatography, Atomic Absorption Chromatography, and GasChromatography.

LGUs to regularly monitor fertilizer and pesticide residues for fruits and vegetablesfollowing meat inspection system.

Strict enforcement of the food labeling laws.

Livestock & Poultry (15 Regions)

Impose sanctions to violators (users and vendors) for dispensing biologics. 7.6%

Strictly implement/enforce existing policies and product standards.

Review BAFPS mandate.

Strengthen; provide budget and facilities from national and local governments.

Craft comprehensive program on product standardization.Intensify information dissemination through tri-media.

Strict enforcement of product standards for meat and meat products by LGU.

Budget allocation for product standards.

Upgrade and utilize existing lab facilities for antibiotic and chemical residues.

Define standards.

Provide complete facilities and equipment.

Abaca (Region IVB)

None. 5.0%

Coconut: VCO, Coir, Copra (Region IVB)

None. 5.0%

II.C.2 Survey of Producers’ Groups

4.7.47.Producers groups were selected from among the AFMA regional workshopparticipants. They were requested to fill-out the questionnaire on the respondents’awareness of the PSCS component, BAFPS and its mandate. A total of 181respondents representing 16 regions participated in the survey. (Tables 4.7.9A-4.7.9E and Tables 4.7.10A-4.7.10C)

4.7.48.In all regions of the country, less than a third of the respondents are satisfiedwith the AFMA PSCS (Table 4.7.9A). More than half of the respondents fromRegions 11 and 12 were satisfied with the PSCS. In contrast, CARAGA and ARMMhad the least satisfied respondents. Those who are not satisfied make up less than afourth of the respondents. Very few were very satisfied and represented only threeregions (2, 9, and ARMM). Less than half of the respondents did not know or couldnot answer probably because they were unaware of this AFMA component.

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Table 4.7.9ASurvey of Producers’ Associations:

Satisfaction with Current Product Standards, Quality and Safety.

Not Satisfied Satisfied Very Satisfied Don't Know No Answer Tota l

% % % % % # of Responses1 27 36 36 11 

CAR 57 43 7 

2 12 18 6 41 24 17 

3 25 25 25 25 8 

4A 30 40 30 10 

4B 14 29 57 7 

5 13 40 47 15 

6 39 33 28 18 

7 33 17 50 6 

8 22 11 67 9 

9 43 14 43 7 

10 37 37 5 21 19 

11 11 56 22 11 9 12 11 56 22 11 9 

CARAGA 25 6 69 16 

 ARMM 8 8 15 31 38 13 

All Regions 23 30 2 12 33 181 

Region

Note: Totals may not add-up due to rounding off.

Table 4.7.9BSurvey of Producers’ Associations:  Awareness of existence of BAFPS

 Yes No Don't Know No Answer Total

% % % % # of Responses1 91 9 11 

CAR 43 43 14 7 

2 6 59 29 6 17 

3 13 75 13 8 

4A 30 50 10 10 10 

4B 71 29 7 

5 27 47 7 20 15 

6 28 61 11 18 

7 33 17 50 6 

8 33 22 11 33 9 

9 43 29 29 7 

10 32 47 21 19 

11 22 67 11 9 

12 22 67 11 9 

CARAGA 31 44 25 16 

 ARMM 8 62 31 13 

All Regions 25 51 13 10 181 

Region

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Note: Totals may not add-up due to rounding off.

4.7.49.More than half of the respondents do not know that BAFPS exist, while afourth were aware (Table 4.7.9B). Awareness of BAFPS was highest among Region4B respondents. On the other hand, three quarters of the Region 3 respondentswere unaware of BAFPS.

4.7.50.Of those who knew about BAFPS’ existence, only a little more than half wereaware of is functions and target accomplishments (Table 4.7.9B). More than twothirds of the respondents do not know the functions and the target accomplishmentsof BAFPS (Table 4.7.9C).

4.7.51.Less than on tenth of the respondents know of standards that have beenformulated by BAFPS or other government agencies (Table 4.7.9C). Close to twothirds have no awareness of the Philippine standards.

Table 4.7.9C

Survey of Producers’ Associations:  Awareness of BAFPS functions and target accomplishments

 Yes No Don't Know No Answer Total

% % % % # of Responses

1 9 82 9 11 

CAR 29 43 29 7 

2 71 24 6 17 

3 13 75 13 8 

4A 30 40 10 20 10 

4B 14 57 29 7 

5 27 53 20 15 

6 6 78 17 18 

7 33 67 6 

8 56 11 33 9 

9 14 86 7 

10 16 68 16 19 

11 11 78 11 9 

12 22 67 11 9 

CARAGA 19 63 19 16 

 ARMM 8 62 31 13 

All Regions 14 66 12 8 181 

Region

Note: Totals may not add-up due to rounding off.

4.7.52.The respondents are even less aware of the standards that are being enforcedby BAFPS or other government agencies (Tables 4.7.9D and 4.7.9E). Less than onetenth of the respondents are aware of the standards enforced, while more than twothirds are not aware.

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Table 4.7.9DSurvey of Producers’ Associations:  Awareness of the Standards that have been

Formulated by BAFPS and other Government Agencies

 Yes No Don't Know No Answer Total

% % % % # of Responses

1 82 18 11 

CAR 14 71 14 7 

2 71 24 6 17 

3 13 75 13 8 

4A 10 50 40 10 

4B 14 57 29 7 

5 13 60 27 15 

6 11 78 11 18 

7 17 83 6 

8 56 11 33 9 9 29 57 14 7 

10 5 74 21 19 

11 11 67 22 9 

12 11 67 22 9 

CARAGA 6 13 81 16 

 ARMM - 62 38 13 

All Regions 8 63 20 8 181 

Region

Note: Totals may not add-up due to rounding off.

Table 4.7.9ESurvey of Producers’ Associations:  Awareness of the Standards that are being 

Enforced by BAFPS or other Government Agencies

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 Yes No Don't Know No Answer Total

% % % % # of Responses

1 73 27 11 

CAR 14 57 29 7 

2 65 29 6 17 

3 88 13 8 4A 10 50 10 30 10 

4B 29 57 14 7 

5 20 60 20 15 

6 17 72 11 18 

7 100 6 

8 56 11 33 9 

9 43 57 7 

10 68 32 19 

11 11 78 11 9 

12 11 78 11 9 

CARAGA 69 31 16 

 ARMM 62 38 13 All Regions 7 67 18 8 181 

Region

Note: Totals may not add-up due to rounding off.

4.7.53.The lack of awareness was evident in the responses when asked toenumerate standards they know, the agencies that have formulated standards andagencies that enforce standards (Tables 4.7.10A – 4.7.10C)). For example, somerespondents appear to be confused with some of the buzz words they hear (e.g.,GMP, HACCP, and ISO), identifying them as standards.

Table 4.7.10A

Survey of Producers' Associations:  Awareness of Specific Product Standards that have been Formulated by BAFPS and Other Government Agencies

Region Specific Product Standards

CAR

Size standards for flowers

Corn

Rice

Banana

Region 2

Meat packaging Grains

Hybrid seeds Livestock products

Inbred seeds

Region 3GMP

HACCP

Region 5

Pili nut standards

CODEX

Identification of aflatoxin in fuels

Region 6Chlorpyrifos maximum residue level accepted in Japan and USA

Cypermethrin maximum residue level accepted in Japan and USA

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Region Specific Product Standards

Region 7

Vegetable Poultry

Egg Corn

Rice

Region 9

HACCP CODEX

ISO GMP

Region 10

Pesticide residues Abaca

Size and quality standards Vegetables

Insecticide residue Mangoes

Soil-less growing Tuna

Banana Pineapple

Coconut Rice

Region 11

Rice Mango

Banana Pineapple

Coconut

Region 12 Banana Rubber 

Table 4.7.10BSurvey of Producers' Associations:

 Awareness of Specific Government Agencies that have Formulated Standards

Region Government Agencies that Have Formulated Standards

Region 5BAFPS DOST

FIDA BFAD

Region 6 Philippine Quarantine Service

Region 9 DTI BPS

Table 4.7.10CSurvey of Producers' Associations

 Awareness of Specific Government Agencies that are Enforcing Standards

Region Government Agencies Enforcing Standards

Region 5

BAI

BFARBPI

II.D Important Issues and Global Developments in Food Safety, Quality,Control and Consumer Protection

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Food Safety, Quality and Consumer Protection20, 21

4.7.54.Food safety may defined as all conditions and measures necessary duringthe production, processing, storage, distribution and preparation of food to ensure

that when eaten, it does not present an appreciable health risk. Food safety impliesabsence or acceptable levels of contaminants, adulterants, naturally occurring toxinsor any other substance that may make food injurious to health on an acute or chronicbasis.

Food quality can be considered a complex characteristic of food that determines itsvalue or acceptability to consumers. Food quality is about all positive or negativeattributes that influence the value the consumer gives on the product. This includespositive attributes such as the origin, color, flavor, texture, nutritional content andprocessing method of the food; and negative attributes, such as spoilage,contamination with filth, discoloration, and off-odors.

Box 4.7.4 Considerations of Food Safety

Food safety is an essential public health issue for all countries. Foodbornediseases due to microbial pathogens, biotoxins, and chemical contaminants infood represent serious threats to the health of thousands of millions of people.

The integration and consolidation of food industries and the globalization of thefood trade are changing the patterns of food production and distribution. Food and feed are distributed over far greater distances than before, creating theconditions necessary for widespread outbreaks foodborne illness.

Increasing urbanization leads to greater requirements for transport, storage and  preparation of food. In developing countries, food is often prepared by street vendors. In developed countries, up to 50% of the food budget may be spent onfood prepared outside the home. All these changes lead to situations in which asingle source of contamination can have widespread, even global consequences.

Globalization of the food trade offers many benefits to consumers, as it results ina wider variety of high quality foods that are accessible, affordable and safe,meeting consumer demand. The global food trade provides opportunities for food-exporting countries to earn foreign exchange, which is indispensable for theeconomic development of many countries. However, these changes also

 present new challenges to safe food production and distribution and have beenshown to have widespread repercussions on health.

Food safety programs are increasingly focusing on farm-to-table approach as aneffective means of reducing foodborne hazards. This holistic approach to thecontrol of food-related risks involves consideration of every step in the chain,from raw material to food consumption. Hazards can enter the food chain on the

20  Adapted from: Assuring Food Safety and Quality: Guidelines for Strengthening NationalFood Control Systems. FAO/WHO. Rome .2003

21Committee on World Food Security, 25th Session Report, May-June 1999).

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farm and can continue to be introduced or exacerbated at any point in the chain.

 Although significant progress has been made in many countries in making food safer, thousands of millions of people become ill each year from eating contaminated food. The emergence of increased antimicrobial resistance inbacteria causing disease is aggravating this picture. The public is increasingly aware of the risks posed by pathogenic microorganisms and chemical substances in the food supply. The introduction of new technologies, including genetic engineering and irradiation, in this climate of concern about food safety is posing a special challenge. Some new technologies will increase agricultural 

 production and make food safer, but their usefulness and safety must bedemonstrated if they are to be accepted by consumers.

Until recently, most systems for regulating food safety were based on legal definitions of unsafe food, enforcement programs for the removal of unsafe food from the market and sanctions for the responsible parties after the fact. Thesetraditional systems cannot respond to existing and emerging challenges to food safety because they do not provide or stimulate a preventive approach. During the past decade there was a transition to risk analysis based on better scientific knowledge of foodborne illness and its causes. This provides a preventive basisfor regulatory measures for food safety at both national and international levels.The risk-based approach must be backed by information on the most appropriateand effective means to control foodborne hazards.

Source: Assuring Food Safety and Quality: Guidelines for Strengthening National Food Control Systems. FAO/WHO. Rome .2003

4.7.55.Food control is defined as:

“. . . . a mandatory regulatory activity or enforcement by national and local authorities to provide consumer protection and ensure that all foods during 

 production, handling, storage, processing and distribution are safe,

wholesome and fit for human consumption; conform to safety and quality requirements; and are honestly and accurately labeled as prescribed by law.”  

4.7.56.The Philippines has commitments under international trade agreements. TheWorld Trade Organization (WTO) and ASEAN Free Trade agreements cover tradeliberalization as well as supplemental and complementary issues such as, theapplication of Sanitary and Phytosanitary (SPS) Measures and equivalence;harmonization of standards; reciprocal recognition of tests and certification of products; and introduction of greater transparency in standards and conformance.

4.7.57.The FAO/WHO Guidelines states that most country food safety and qualitysystems typically have the following components:

a. Food related laws, regulations and standards – Laws traditionally consistof legal definitions of unsafe food, and the prescription of enforcementtools for removing unsafe food from commerce and punishing responsibleparties. Food laws and regulations must be relevant and enforceable. Aninadequate food law will have a negative impact on the effectiveness of food control activities. Updated standards are also important.

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Box 4.7.5 Food Legislation

Food legislation should:

Provide a high level of health protection; Include clear definitions to increase consistency and legal security; Be based on high quality, transparent, and independent scientific advice following risk 

assessment, risk management and risk communication; Include provision for the use of precaution and the adoption of provisional measures

where an unacceptable level of risk to health has been identified and where full risk assessment could not be performed;

Include provision of for the right of consumers to have access to accurate and sufficient information;

Provide for tracing of food products and for their recall in case of problems; Include clear provisions indicating that primary responsibility for food safety and quality 

rests with producers and processors; Include obligation to ensure that only safe and fairly presented food is placed on the

market; Recognize the country’s international obligations particularly in relation to trade; and  Ensure transparency in the development of food law and access to information.

Source: Assuring Food Safety and Quality: Guidelines for Strengthening National Food Control Systems. FAO/WHO. Rome. 2003

b. Food related control management – This pertains to the establishment of aleadership function and administrative structures for: (a) development andimplementation of an integrated national food control strategy; (b)operation of a national food control program; (c) securing funds andallocating resources; (d) setting standards and regulations; (e)

participation in international food control related activities; (f) developingemergency response procedures; and carrying out risk analysis.

c. Inspection Services – Qualified, trained, efficient and host food inspectionservice is essential to the administration and implementation of food laws.The reputation and integrity of the food control system is only as good asthe integrity and skill of the inspectors.

Box 4.7.6. Responsibilities of the Inspection Service

Inspecting premises and processes for compliance with hygienic and other requirements of standards and regulations;

sampling food during harvest, processing, storage, transport or sale to establishcompliance, to contribute data for risk assessments and to identify offenders;

recognizing forms of food decomposition by organoleptic assessment; identifying food which is unfit for human consumption; or food which is otherwise deceptively sold to consumers; and taking the necessary remedial action;

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recognizing, collecting and transmitting evidence when breaches of law occur, and appearing in court to assist prosecution;

encouraging voluntary compliance by means of quality assurance procedures;

carrying out inspection, sampling and certification of food for import/export inspection purposes when so required;

in establishments working under safety assurance programs such as Hazard  Analysis Critical Control Point (HACCP), conduct risk based audits.

Source: Assuring Food Safety and Quality: Guidelines for Strengthening National Food Control Systems. FAO/WHO. Rome. 2003.

d. Laboratory services for physical, microbiological and chemical analyseswith qualified and skilled analysts to ensure effective and efficientperformance. Due to the high capital investment and maintenance andoperating cost, the number and location of the laboratories must be

determined in relation to the objectives of the system and the volume of work. A central reference laboratory equipped for sophisticated andreference analysis would help in effective coverage of analyses needed.

e. Information, Education, Communication and Training – Delivery of information, education and advice to stakeholders across the supply chain.The activities are provision o f balanced factual information to consumers;provision of information packages and educational programs for keyofficials and workers in the food industry; development of train-the-trainer 

programs; and provision of reference literature to extension workers in theagriculture and health sectors.

Box 4.7.7. Components of Risk Analysis

Risk assessment – a scientifically based process consisting of the following steps: (1) hazard identification; (2) hazard characterization; (3) exposureassessment; and (4) risk characterization.

Risk management – the process of weighing policy alternatives, in consultationwith 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 selecting appropriate prevention and control options.

Risk communication – the interactive exchange of information and opinionsthroughout the risk analysis process concerning hazards and risks, risk related factors and risk perceptions, among risk assessors, risk managers, consumers,industry, the academic community and other interested parties, including the

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explanation of risk assessment findings and the basis of risk management decisions.

Source: Assuring Food Safety and Quality: Guidelines for Strengthening National 

Food Control Systems. FAO/WHO. Rome. 2003.

4.7.58.In strengthening national food control systems FAO recommends that countryauthorities take into consideration basic principles and values that strengthen foodcontrol activities, including:

a. Maximizing risk reduction by applying the principle of prevention as fully aspossible throughout the production, processing and marketing chain;preference is for a preventive approach that controls processes byapplying good practices such as good agricultural practices (GAP), goodmanufacturing practices, and good hygienic practices (GHP);

b.  Addressing the farm-to-table continuum (or the supply chain); this calls for an integrated approach which emphasizes the vital role of the producer,processor, transporter, vendor and consumer in ensuring food quality andsafety;

c. Establishing emergency procedures for dealing with particular hazards(e.g., recall of products);

d. Developing science-based food control strategies;

e. Establishing priorities based on risk analysis and efficacy in riskmanagement;

f. Establishing holistic, integrated initiative which target risks and impact oneconomic well-being; and

g. Recognizing that food control is a widely shared responsibility thatrequires positive interaction among all stakeholders.

4.7.59.According to the FAO/WHO, there are at least three types of organizationalarrangements for a national food control system. These are:

a) Multiple Agency System – multiple agencies are responsible for foodcontrol

b) Single Agency System – a single, unified agency for food controlc) Integrated System – a national integrated approach.

4.7.60.The Philippine system is basically a multi agency system which leads toproblems like duplication of regulatory activities, increased bureaucracy,

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fragmentation and lack of coordination or even conflict between bodies involved inpolicy, monitoring and control of product safety. FAO/WHO suggests that in revisingfood control system, governments consider the Integrated System to achieveeffective collaboration and coordination between agencies. The typical organizationof such a system consists of four operational levels:

1.Level 1 – Formulation of policy, risk assessment and management, anddevelopment of standards and regulations.

2.Level 2 – Coordination of food control activity, monitoring, and auditing.

3.Inspection and Enforcement. Single Agency System – a single, unifiedagency for food control.

4.Integrated System – Education and training.

4.7.61.FAO/WHO recommends that governments consider a model, which calls for the establishment of an autonomous national agency for activities at Levels 1 and 2,with existing multi-sectoral agencies retaining responsibility for Levels 3 and 4

activities. The role of the competent autonomous national agency is to establishnational food control goals, and undertake strategic and operational activitiesnecessary to achieve those goals. Other functions of such an agency at the nationallevel may include:

Revising and updating the national food control strategy as needed;

 Advising relevant ministerial officials on policy matters, includingdetermination of priorities and use of resources;

Drafting regulations, standards and codes of practice and promoting their implementation;

Coordinating the activity of the various inspection agencies and monitoring

performance;

Developing consumer education and community outreach initiatives andpromoting their implementation;

Supporting research and development; and

Establishing quality assurance schemes for industry and supporting their implementation.

RECOMMENDATIONS

Amendment of the AFMA

4.7.62.AFMA Chapter 7, Product Standardization and Consumer Safety, should beamended to strengthen the agriculture and fisheries product control, promote uniformapplication of consumer protection measures, more timely action to protectconsumers and more cost efficient and effective use of resources and expertise. The

 AFMA IRR and related AOs will have to be amended as well accordingly.

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4.7.63.The amendments proposed are:

a. Establish the Agriculture and Fisheries Safety Authority (AFSA);

b. Modify the organization, powers and functions of BAFPS, and the

regulatory agencies, i.e., BPI, BAI, NMIS, BFAR, FIDA, CODA, PCA, SRA,NTA, NFA and FPA.

c. Establish the Laboratory Service (LS) and a National ReferenceLaboratory (NRL).

d.  Allocate budget for institutional and physical strengthening of theagriculture and fisheries quality and safety control system; including multi-year funding for infrastructure and facilities development and research;and

e.  Authorize collection of fees for services and retention of agency collectionsfor specific and agreed upon uses.

Agriculture and Fisheries Safety Authority22

4.7.64.The first proposed amendment to Chapter 7, Product Standardization andConsumer Safety, of AFMA is to provide for the establishment of the Agricultureand Fisheries Safety Authority (AFSA). AFSA shall integrate the agriculture andfisheries safety and quality system to achieve effective collaboration and coordinationamong the different agencies of DA as well as DOH.

4.7.65.The following roles, organizational components and activities are based on atypical food control agency described in the FA/WHO Guidelines for StrengtheningNational Food Control Systems.

a) AFSA Mission 

 AFSA mission shall be to protect the health and safety of consumers,promote trade, and prevent fraudulent practices by ensuring thatagriculture and fisheries products traded meet the highest standards of safety and quality provided by law.

b) AFSA Role and Activities 

 AFSA shall be an autonomous body accountable to the DA as DA hasresponsibility for the significant part of the agriculture and fisheriessupply chain or the “farm-to-table” continuum. DA will agree with DOH

22 The Authority is proposed to cover Fisheries since the sector is still under the Department of 

Agriculture.

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on the delineation of powers and functions to minimize overlaps andpromote efficiency.

 AFSA shall formulate agri-fisheries product control policy and provideadvise to all concerned Departments on all matters concerning agri-

fisheries products control;  AFSA shall formulate the budget for the agri-fisheries product safety

and quality control system and shall be accountable to the DA;

 AFSA shall coordinate the implementation of agri-fisheries controlmeasures;

 AFSA shall be responsible for the identification of legislative needs;monitoring the efficiency and effectiveness of law enforcement andfood surveillance activities; commissioning research, etc.;

 AFSA shall coordinate, monitor and audit national agency, localagency and local government units agri-fisheries products control

activities, including food analysis, inspection, enforcement andeducation;

 AFSA shall oversee the management of a Central Laboratory Service

 AFSA shall use reserve enforcement powers in effect in the event thatenforcement bodies default or are negligent in their duties.

c) AFSA Management Board 

 AFSA shall be governed by a Management Board (MB) with aChairperson and Directors. The number, conditions of appointment or engagement, tenure of the members of the MB will be specified by the

 AFMA amendment. Representatives from the DA, DOH, DTI, DILG, andDOF may be appointed to the MAB. Other members of the MAB shouldhave experience or expertise in one or more of the following fields:

Public health and epidemiology

Food science and technology

 Agriculture and fisheries production

 Agricultural science and animal health

 Agricultural marketing and trade

Human nutrition

Food laws

Public administration

Consumer rights and affairs

The MB shall have the following responsibilities:

(1) Formulate broad policy and resource framework for AFSAactivities within the law;

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(2) Provide advise to all concerned Departments on mattersrelating to the AFSA mandate;

(3) Provide overall coordination;

(4) Set-up the scientific or technical committee that will assist and

advise the Board in matters of scientific nature, providingscientific inputs in agriculture and fisheries safety and qualitycontrol decisions-making processes, including: scientific andtechnical questions relating to food safety and hygiene, andrisk assessment; food standards and codes of practice;research; nutritional value and content of food and labeling;implementation and administration of inspection services; andmonitoring and evaluation including regulatory impactassessment.

(5) Set-up the Consultative Committee that will facilitate broadconsultation with producer, industry, trade and consumer 

groups, and provide views and advice to MB on food safetyand quality and regulation.

(6) Appoint the Chief Executive Officer (CEO) of the AFSA. TheMB shall decide the extent of the delegation of its authority tothe CEO.

(7) Oversee AFSA and scrutinize its performance to ensure it istransparent, fair and efficient. The MB shall be accountablefor all the actions and operations of the AFSA.

d) AFSA Organizational Structure 

 A possible organizational structure for AFSA is shown in Figure 4.7.1. Theproposed structure reflects the principal functions or key areas of responsibility, namely: (i) Analysis and Surveillance/Research; (ii)Standards; Inspection; and (iii) Support Services/Communication. AFSAcould perform the Standards and Inspection functions through contractswith BAFPS and the Inspection agencies of the DA (e.g., BPI, BAI, NMIS,etc.) provided the powers and functions of these agencies are modified asdiscussed in the following sections.

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OVERSIGHT BY

SECRETARY OF AGRICULTURE

AGRI-FISHERIES

SAFETY AUTHORITY

MANAGEMENT

BOARD

TECHNICAL

COMMITTEES

 Analysis &

Surveillance

Standards Inspection Technical Assistance,

Training &

Communication

CHIEF EXECUTIVE OFFICER

CONSULTATIVE

COMMITTEE

Figure 4.7.1

Sample Philippine Agriculture and Fisheries Safety Authority

Organizational Chart

Source:Assuring Food Safety and Quality: Guidelines for Strengthening National Food Control Systems. FAO/WHO. Rome. 2003

4.7.66.The AFSA mission, roles and functions and organizational structure discussedabove should serve as general guide in the formulation of its detailed organization,terms of reference and operational plans at an appropriate time with the assistance of technical experts.

III.A.2 BAFPS, Other DA Agencies and Other Agencies

4.7.67.This second proposed amendment concerns the function and organization of BAFPS. BAFPS should be made the sole standards formulation agency of government in the agriculture and fisheries sector . BAFPS should formulate newstandards, and review and update existing standards to harmonize them with

international standards. The coverage of BAFPS function should include: (a) productstandards for fresh and secondary processed products, both food and non-food; (b)guidelines and codes of practices; and (c) standards of hygiene. It should prioritizemandatory standards over voluntary standards in its work program. It will setpriorities for research needs related to standards formulation. Standards formulationshould be carried out in close coordination with BFAD-DOH. For processed products,BAFPS will have to agree on the specific product coverage with BFAD-DOH. Thecurrent practice of BFAD-DOH covering only tertiary processed products (e.g.,

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canned or bottled products) could already be specifically provided in the agreement.Likewise, BPS-DTI role in assignment of number for standards to be adopted asnational standards should be recognized and followed. On the other hand, roles of the DA enforcement agencies should be differentiated from those of the Bureau of Customs, to avoid recurrence of cases of some Customs personnel usurping the

power of the enforcement agencies by reversing the DA enforcement agencies’decisions. Manuals of procedures should be updated and disseminated for everybody’s guidance and compliance.

4.7.68.BAFPS should continue to act as Codex Contact Point (CCP) to facilitatecontinuous contact and information exchange with the Codex Commission. Like allits other functions, BAFPS needs capability upgrading and operational budgetsupport to perform this function.

4.7.69.Ideally, the CCP should also be Host and Secretariat of the NCC. At thecurrent state of BAFPS’ organizational development when it is still striving to performits critical function of standards formulation with limited funding and personnel still

gaining experience and training, it makes perfect sense to temporarily assign theresponsibility for the NCC to another relevant DA unit or agency. NAFC seems to bean appropriate home for the NCC with NAFC’s mandate per DA Administrative Order No. 6, Series of 1998 to assist the DA in the monitoring and coordination of theagriculture and fisheries modernization process; and serve as the integrative andconsultative structure for inter-agency and inter-sectoral collaboration in agricultureand fishery modernization.23 

4.7.70.DA through BAFPS or NAFC should provide budget support for theimplementation of the NCC activities that are essential to the attainment of expectedoutputs, namely: identification of priority Codex issues and country positions onthese issues; scientific database in support of country positions; a mechanism for 

facilitating the integration of relevant Codex decisions into the national food standardsand food safety control programs; an integrated work plan and budget for thegeneration of scientific data, preparation of country positions, and for effectiveparticipation in Codex activities; and a National Codex Information System (NCIS);and selection of appropriate technical expert/s in the country delegation to Codexmeetings.

4.7.71.BAFPS should also be the SPS Enquiry and Notification Point (this functioncurrently with the DA Policy Analysis Service). In addition, BAFPS (instead of theDepartment of Foreign Affairs) should be the channel of communication for information on the European Union’s Rapid Alert System for Food and Feed(RASFF), a system for providing control authorities with an effective tool for the

exchange of information regarding measures taken to ensure food safety. BAFPSshould promote the use of and implementation of standards. Research in connectionwith product standards setting should be contracted to research institutions throughthe BAR competitive research grants as well as through BAFPS funding. BAR shouldbe required to clear with BAFPS all such research proposals.

23 http://nafc.da.gov.ph/mandates.php accessed on 3 May 2007.

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4.7.72.DA agencies which currently perform standards development function shouldbe stripped of this power. All DA regulation and enforcement functions that arecurrently under BPI, BAI, NMIS, BFAR, FPA, NFA, PCA, SRA, NTA, and CODAshould be consolidated under an Inspection and Regulation Service (IRS) . Thefunction would include product quality and safety, and plant and animal health

inspection and regulation. The role of the LGUs in enforcement should be clarified toavoid confusion that leads to conflict as well as gaps. The study findings andrecommendations of Dr. Bonifacio Cayabyab24 are important inputs to theestablishment of the IRS. The specific recommendations are on: (a) mechanisms for centralizing/decentralizing and sharing and integration of quarantine service; (b)sustaining the quality and quantity of service; (c) application of commercial principlesand retention of income to BAI, BPI, BFAR and BAFPS; and (e) upgrading of facilities, system, and manpower components. BAFPS’ role in relation to theenforcement agencies is that of auditing the implementation of standards andenforcement of food control standards and regulations.

4.7.73.Market development and market promotion activities fall under the purview of 

and should be turned over by the regulatory agencies to AMAS. For most regulatoryagencies, product research and development could be performed by governmentresearch or academic institutions. These activities are usually funded with resourcesfrom commodity programs or BAR anyway. They also compete for resources withinthe agency.

Laboratory Service

4.7.74.The third proposed amendment is the establishment of a Laboratory Serviceat the same organizational level as BAFPS and the Inspection and RegulatoryService. This amendment takes the changes in laboratory services proposed by DAConsultants Dr. McMurray25 and Dr. Flavier 26 a step further. The LS will be the new

management structure for all laboratories (more aptly referred to as “servicelaboratories”) and a National Reference Laboratory (NRL) that is yet to beestablished. The organization and configuration of the service must be determinedand carefully decided considering the objectives of the agriculture and fishery controlsystem and the volume of work for optimum coverage. The planning should addressthe critical issues of: (a) existing laboratories being under funded, under equipped,under utilized, and not to international standards; (b) lack of qualified laboratorytechnical personnel and existing personnel under trained; (c) duplication of laboratoryanalysis; and (d) lack of oversight of regional laboratories. 

24 Consultant on Streamlining of Quarantine Services under the Diversified Farm Income andMarket Development Project.

25 Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agricultureand Fisheries Product Standards. Technical Report. Diversified Farm Income and MarketDevelopment Project. DA/World Bank. Feb. 2006.

26Maxima E. Flavier, Ph.D. Development of Rationalization Plan of the Department of 

 Agriculture Regulatory Laboratories. Draft Report, Department of Agriculture/World Bank.Quezon City (May 2006)

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Box 4.7.8. Functions of National Reference Laboratories

•  Acquire and/or develop testing methods to International Standards. If methodsare acquired from outside the country, there is a need for them to be validated 

for use on the materials and specimens to be analysed in the Philippines.• Provide the direct linkage with other International Reference laboratories.

Obtain the necessary International reference materials needed by BAFPS toensure cross compatibility with analytical procedures as practiced internationally (Note: International Reference materials can also be used for Proficiency testing and BAFPS should only release for method validation oncethe material has been used for proficiency testing)

• Disseminate and train staff in the associated laboratories as appropriate in thefully validated methods.

• Establish a Quality Control system not only for their own use but also for affiliated laboratories.

• Provide a central resource for data analysis either from its own Laboratory 

information system or from data acquired at Regional level. The laboratory would run a statistical and an Information Technology service to all laboratories within its purview.

• Provide for and implement of statistically designed surveillance and monitoring surveys to determine the level of contaminants and theoccurrence/incidence/prevalence of animal diseases etc.

• Provide a “court” of last resort in cases of dispute between analytical laboratories or between laboratories and their clients.

• Provide a confirmatory analysis service to outlying laboratories

• Provide advice to the Department of Agriculture and Ministers as required.

• Should not provide direct analytical support to the industry. The Centre should  provide support to other laboratories when they need help. For instance, the

Centre should provide confirmatory analysis and provide technical support and advice when required. It is not the function of the Centre to undermine thedevelopment of commercial laboratories or other laboratories in the Public Sector. In any case the Reference Centre will have oversight over the

 performance of other laboratories and therefore cannot be placed in a positionwhere it can abuse its authority.

• The method of operation requires that the Reference laboratory is funded by the state in order to maintain its impartiality.

Source: Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of  Agriculture and Fisheries Product Standards. Technical Report. Diversified Farm Income and Market Development Project. DA/World Bank. Feb. 2006.

4.7.75.The LS shall be tasked with the establishment of the NRL, including crucialinfrastructure needed for effective and efficient laboratory services coverage thatconform to international standards and the world’s best practice. The CRL shall befurnished with superior and advanced equipment for sophisticated and advancedanalyses for a brad range of food safety issues, and reference analyses. The CRL

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shall also perform or oversee the development and validation of national methods.Dr. McMurray provides details of the functions of the NRL.

4.7.76.The AFSA functions related to the LS would be: (a) oversight of laboratorymanagement plans; (b) review of budgets and approve capital expenditures and

maintenance and operating costs, including infrastructure developments; (c) consider issues of duplication and deployment; (d) review and comment on training programs;(e) advice DA on all matters concerning laboratories; and (f) employ experts toaddress particular issues. BAFPS shall conduct audits and performance assessmentof laboratories to provide assurance that laboratories are performing analyticalfunctions that conform to international standards; hence the food control standardsare properly implemented and enforced.

Funding Under the “Extended AFMA”

4.7.77.Strengthening the Philippine agriculture and fisheries quality assurance and

control system needs serious and priority attention for reasons already enunciated in AFMA, i.e., consumer safety, trade facilitation and competitiveness. To conform tothe world’s best practices, this calls for institutional and physical strengthening of theentire system, from risk analysis, standards setting, regulation and enforcement,information and training, laboratory facilities and equipment, regional andinternational standards and safety networking, and participation in regional andinternational meetings, particularly those of FAO/Codex Alimentarius Commissionand International Standards Organization.

4.7.78.For the fourth amendment, the “extended AFMA” funding should makespecific provisions for multi-year funding for infrastructure, facilities andequipment; research for standards setting; and research related to food safety

issues.

4.7.79.To address the eternal funding constraints, some services could be shifted to a“user fee” system, which simply means user pays for services, for example,inspection for certification/accreditation/permits, and laboratory services. The FifthAmendment should provide for the authorization for all concerned agencies toretain all fees collected by the agency and to be used to sustain operationinstead of being turned over to the Bureau of Treasury.

Review of Current Donor-Funded DA Projects and Other AFMA-Related Laws

4.7.80.The review and amendment of AFMA presents an opportunity for thecomprehensive review of the Philippine agriculture and fishery safety systemespecially if the policy makers choose to adopt an integrated system to minimizeduplication and eliminate the gaps and enhance efficiency as recommended in thisreport. This will include review of related laws including, the Fisheries Code of 1998,Standardization Law of the Philippines of 1964, Food, Drugs and Devices, andCosmetics Act of 1963, as amended by Executive Order 175, Series of 1987, Local

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Government Code of 1991, Consumer Welfare Act of 1998, and Executive Order 338of 2001.

4.7.81.DA and COCAFM should revisit the on-going projects and review therelevance and consistency of the current efforts under those projects with the

 Agriculture and Fishery Control objectives under the proposed AFMA amendment.Those projects are DFIMP, the European Union – Trade Related Technical

 Assistance, Economic Modernization through Efficient Reforms and GovernanceEnhancement, and Institutional Grant for Policy Development. DA should ensure thatthe projects are aligned with the objective of strengthening of the agriculture andfishery control system to protect the Filipino consumer as well as consumers of thePhilippine export products equally and promotes the competitiveness of Philippineproducts in the domestic as well as foreign markets.