1 
 
 
 
 
 
 
 
August 7, 2019  
 
DEPARTMENT  CIRCULAR  
No. _______________  
Series of 201 9 
 
SUBJECT:  RULES AND REGULATIONS GOVERNING THE IMPORTATION 
AND EXPORTATION OF PLANT FOOD  
___________________________________________________________________________  
 
Pursuant to Republic Act (RA) No. 10611 also known as Food Safety Act of 2013, 
Joint Department of Agriculture -Department of Health Administrative Order No. 
2015 -0007 (JDA -DOH AO 2015 -0007), RA, 11203, Executive Order (EO) No. 292, 
s. 1987, EO 366, s. 2004 , Presidential Decree 1433, as amended, and its 
implementing rules and regulations,  other relevant international agreement s to 
which the Philippines is signatory , the following rules and regulations are hereby 
issued . 
 
ARTICLE I  
INTRODUCTORY PROVISIONS  
 
Section 1. Objective . This Circular aims to rationalize and  put in place an effective 
food control system for the importation and exportation of plant food  to protect 
health of consumers and ensure fair practices in trade of plant food.  
 
Secti on 2. Definition of Terms . The terms as defined in the Definition of Terms  of 
JDA-DOH AO 2015 -0007 are hereby adopted, unless otherwise defined 
hereunder.  
 
1. BPI Sanitary and Phytosanitary Import Clearance (BPI -SPSIC)  refers to the 
document issued  by the Bureau of Plant Industry (BPI) to the importer  
prior to importation to ensure that the products being imported meet the 
standards for the protection of human, animal or plant life or health, 
guarantee that the products  are safe for consumers, and prevent the 
spread of pests or diseases among animals or plants. Such document also 
prescribes the pre -entry and the post -entry conditions to be complied 
with by the exporting country and the importer for the maintenance of 
quality and suitability of the product for the intended purposes;  
 
2. Certificates refer to those paper or electronic documents, which describe 
and attest to attributes of consignments of food destined for international 
trade ; Official certificates are certific ates issued by, or under the control of 
the exporting country’s competent authority, including by a certifying 
body recognized by the competent authority to issue such certificates ; Republic of the Philippines  
DEPARTMENT OF AGRICULTURE  
Office of the Secretary  
Elliptical Road, Diliman, Quezon City, 1100 Philippines  
Tax Identification Number: 000 -845 -895  2 
  
3. Competent Authority refers to the official authority in charge of the control 
of plant  food safety and the management of official systems of inspection 
and certification of the country;  
 
4. DA Trade System  refers to the back -office application of the Department of 
Agriculture that was developed, deployed and being maintained for the 
processing of DA trade transactions, such as SPS Import Clearances issued 
by the Bureau of Animal Industry, the Bureau of Fisheries and Aquatic 
Resources and the Bureau of Plant Industry ; 
 
5. Exporter  refers to any person, individual or juridical entity, or an 
authorized representative  who transacts with the BPI for purposes of 
registration  and/or licensing , and issuance of official certificates used to 
trade products with another country and who is in possession of or in any 
way entitled to the custody or control of any plant food exported from the 
Philippines;  
 
6. Equivalence Agreement  refer s to an arrangement entered into 
by/between the DA and the competent authority of the exporting country  
concerning plant food import and inspection systems , or a specific 
sanitary measure or measures related to a certain product or categories 
of products ;  
 
a. Equivalence  on a system -wide basis  refers to the capability of 
different inspection and certification systems to meet the same 
objectives ; 
b. Equivalence of sanitary measures  is the state wherein sanitary 
measures applied in an exporting country, though different from 
the measures applied in the Philippines , achieve, as demonstrated 
by the exporting country, the level of sanitary protection  
determined by the BPI to be appropriate for the Philippines ; 
7. Importer  refers to any person, individual or juridical entity , or owner or 
an authorized representative  who transacts with the BPI for the purpose 
of registration and/or licensing, and who is entitled to the custody or 
control of any food imported into the Philipp ines;  
 
8. In-transit  refers to commodities which are from another country destined 
to another country, but goes through the Philippines;   
 
9. Labels/Marks  refers to the display of written, printed or graphic matter on 
the immediate container, tag, literature , or other suitable material affixed 
thereto for the purpose of giving information with respect to components, 
attributes, directions for use, specifications , and other relevant data as 
required by law or regulations;  
 
10. Licensed Establishment  refers to the farm, buildings , and other facilities of 
a food business used for production of primary and postharvest plant  3 
 foods, postharvest handling, preparation, treatment, packaging, transport 
and/or storage, but excluding those sites, buildings and structures, suc h 
as laboratories, administrative offices , and other areas where plant  food is 
not handled and where people handling the plant  food do not enter ; 
  
11. Licensing  refers to the process by which BPI approve s an application of a 
person, corporation, cooperative, agricultur al establishment, or other 
juridical persons, for authority to operate an establishment or to engage 
in any activity in the primary production and postharvest stages of the 
food supply chain to produce safe primary and postharvest plant food and 
inputs. The approval will require proving capability to operate a facility or 
establishment or to engage in activities in the primary production and 
postharvest stages of the food supply chain and cove red by the license ;  
 
12. Misbranding refers  to the  deliberate labelling of plant  food that is 
misleading, where the labelling claims certain food properties that are not 
supported by a certifying body or by scientific evidence ;  
 
13. National Single Window  (NSW) refers to the computerized internet -based 
system that allows parties involved in trade to lodge information and 
documents with a single entry point to fulfill all import, export, and 
transit -related regulatory req uirements;  
 
14. NPQSD  refers to the Natio nal Plant Quarantine Services Division of the 
BPI responsible for the implementation and enforcement of plant 
quarantine law, rules and regulations for plant s, plant product and 
planting materials ; 
 
15. Official Accreditation  refers to the procedures done and embodied into a 
document issued by the BPI formally recognizing the competence of an 
inspection, certification, laboratory testing , or training body to provide 
the said service  on behalf of BPI ; 
 
16. Organoleptic Assessment refers to the being, affecting , or relating to 
qualities (as taste, color, odor and feel) of a food that stimulate the sense 
organs;  
 
17. Plant Food refers  to fresh and/or natural or minimally processed form of 
food of plant origin, but shall not be limited, to fruits, vegetables, rice and 
other grains, nuts, spices, herbs , including raw materials , except those 
under the jurisdiction of other agencies as provided in the Food Safety Act 
of 2013;  
 
a. Minimally Processed Form of Plant Food refers to the product that 
was processed in a manner t hat does not fundamentally alter the 
product chemically. Examples may include , but not limited to , 
slicing, chilling and freezing for fruits and dicing, grinding of 
spices, shredding, peeling and slicing for vegetables;  
 4 
 b. Natural Form  of Plant Food refers to plant food which does not 
contain artificial ingredients and additives and, if had undergone 
processing, must only be minimally processed;  
 
18. Plant Food Safety Compliance Officer (PFSCO) refers to persons designated 
by the Food Business Operator (FBO) who shall oversee the 
implementation of the food safety programs and activities of the food 
business consistent with the provisions of the Food Safety Act, its IRR and 
this Circular ; 
 
19. Plant Food Safety Officer refers to professionally qualified and properly 
trained officers appointed by the BPI Director as his representative in 
implementing and enforcing the provisions of the Food Safety Act, its IRR 
and this Circular ; 
 
20. Post -harvest Stages refers to processes/operations in the food supply 
chain involving the minimal transformation of plant foods after primary 
production , such as , but not limited to , sorting, cleaning, grading and 
cutting of fresh plant foods, icing and freezing, millin g, and storage;  
 
21. PPSSD  refers to Plant Product Safety Services Division of the BPI 
responsible for the implementation and enforcement of provisions of the 
Food Safety Act , its IRR this Circular , and protocols and standards arising 
from this Circular ; 
 
22. Primary  Production  refers to the production, rearing, growing , or 
harvesting of plants, planting materials , or plant products for food use, 
such as , but not limited to , fruits, vegetables, rice, corn, other grains and 
herbs, as well as their transport within and to an establishment, storage 
and handling of primary products at the farm and their further transport 
to an establishment;  
 
23. Recall  Program  refers to an operation  to remove from further sale or use, 
or to correct a marketed produce (i.e., that has been sold or distributed) 
that established to have an adverse impact on human health and safety;  
 
24. Risk refers  to the likelihood of an adverse health effects and the seve rity 
of this effect following exposure to a hazard;  
 
25. Risk Analysis  refers to a process consisting of three (3) interrelated 
components: risk assessment, risk management and risk communication;  
 
26. Risk Assessment  refers to the scientifically -based process consisting of the 
following steps: ( a) hazard identification, ( b) hazard characterization, ( c) 
exposure assessment, and ( d) risk characterization ; 
 
27. Risk Categorization refers to the classification of food businesses, food 
operations , and/or food products as high risk, medium risk , or low risk 
based on inherent and potential food safety risks in the 
production/processing system and/or on the possibility of the presence 5 
 of microbiological, chemical hazards , or other contaminants in the food 
produced; and history of compliance by the establishment with its quality 
and safety management systems and pertinent regulations;  
 
28. Risk Communication  refers to the interactive exchange of information and 
opinions while in the course of risk analysis on the hazards and risks 
among risk assessors, risk managers, consumers, food and feed business 
operators, academia , and other stakeholders;  
 
29. Risk Management  refers to the process, distinct from risk assessment, of 
weighing policy alternatives, in consultation with all interested parties, 
considering risk assessment and other factors relevant for the health 
protection of consumers and for the promotion of fair trade practices, 
and, if needed, selecting appropriate prevention and con trol options.  
 
30. Sanitary and Phytosanitary Measure  refers to any measure  applied to (a) 
protect animal or plant life or health within the territory of the 
Philippines  from risks arising from the entry, establishment , or spread of 
pests, diseases, disease -carrying organisms or disease -causing organisms;  
(b)protect human or animal life or health from risks arising from 
additives, contaminants, toxins , or disease -causing  organisms in foods, 
beverages or feedstuffs ;  (c) protecting human life or health from risks 
arising from diseases carried by animals, plants or products thereof, or 
from the entry, establishment or spread of pests;  or (d) preventing or 
limiting other da mage within the territory of the  Philippines from the 
entry, establishment or spread of pests ; and, 
 
31. Traceability  refers  to the ability to follow the movement of a plant  food 
item through specified  stages of production, processing, and distribution.  
 
Section 3. Scope . This Circular shall cover official control s over plant food for 
import and export, except sugar, coconut, and processed and pre -packaged  
products  pursuant to RA 10611 , as amended by RA 11203.  
 
ARTICLE II 
IMPORT OF PLANT FOOD: PRE -BORDER MEASURES  
 
Section 4. Rules on Importation of Plant Food . Importation of plant food shall only 
be allowed on the following conditions:  
 
4.1 The i mportation of plant food has undergone risk analysis , taking into 
account potential food safety risks associated with the plant food and 
considering the measures implemented by the exporting country’s competent 
author ity. 
 
4.2 The food safety regulatory system , especially the inspection and certification 
syst em, of the country of origin has undergone evaluation and determined to 
have an equivalent system as th at of the BPI. 
 6 
 4.3 Plant food for importation complies with the Philippine National Standards  
(PNS)  or the international standards developed by the Codex Alimentarius 
Commission  (Codex)  on pathogenic microorganism, mycotoxin, biotoxin, 
pesticide residues, heavy metals , banned pesticide, other physical or chemical 
contaminants, post -harvest handling, pac king, storage, transport of plant food , 
codes of practices,  among others , adopted as technical regulation by the BPI. 
 
4.4 Plant food is impo rted (a) from recognized establishments in the exporting 
country and (b) by importers duly licensed by BPI . 
 
Section 5. Import Risk Analysis. The food safety risk analysis for the importation 
of plant food shall be done by PPSSD  based on the PNS and Codex standa rds as 
stipulated in Section 4.3 . This shall be conducted as part of the import risk 
anal ysis wherein the NPQSD conducts analysis on the phytosanitary risks  which 
may be posed by the importation of plant food .  
5.1. Specific administrative protocol  and procedure  for the joint conduct of 
import risk analysis shall be developed by NPQ SD and PPSSD within sixty (60) 
days upon effectivity of this Circular .  
5.2. The import risk analysis shall be the basis for the following:  
a. identification of risks to human health and safety  which ma y be posed by 
the importation of plant food ;   
b. identification and eventual implementation of appropriate measures to  
manage the risks ; and, 
c. communication with stakeholders about the risks and the measures  
necessary to safeguard human health and safety . 
 
Section 6. Risk Profiling . The PPSSD shall establish risk profiles of plant food  for 
importation , food safety regulatory system of the exporting country, and 
exporting companies and establishments  to guide risk categorization , taking into 
account type of food, source, intended purpose, time of importation, mode of 
transport, condition of shipment, evidence of plant food cont rol in the exporting 
country, roles, responsibilities, and oversight functions of the competent 
authorities of the exporting country, among others.  Upon commencement of 
trade, t he risk profiles shall be updated to establish history of compliance with 
import requirements  by exporting companies and establishments . 
 
Section 7. Risk Categorization.  The BPI shall categorize the risks identified as low, 
medium , or high risk , accordingly. Specifically, risks shall be categorized on the 
basis of the likeliness  of the plant food containing pathogenic microorganism, 
mycotoxin, biotoxin,  pesticide residues, heavy metals, banned pesticide, or other 
contaminants; the significant plant  food controls implemented and practiced in 
the areas of production, post -harvest h andling, packing, storage, transport of 
plant food;  type of establishment ; and compliance with the national food safety 
requirements on risk.   
 
7.1 PPSSD shall develop a protocol for the risk categorization of plant food  and 
establishments  based on Codex standards.  7 
  
7.2 The risk categorization shall be the basis for determining specific sanitary 
measures or import requirements , priority establishments for foreign inspection 
mission , and, upon commencement of trade, frequ ency of border inspections . 
 
Section 8. Equivalence of sanitary measure. The BPI may accept a specific 
measure or measures related to a certain product or categories of products  as 
equivalent  if the competent authority of the exporting country objectively 
demonstrates that its measures can meet the objectives of the sanitary measures 
or import requirements of the BPI.  The assessment of the process of equivalence 
determination shall commence up on request by the exporting country.  
 
8.1 The PPSSD shall develop an official procedure for the determination of 
equivalence of sanitary measure based on CAC/GL 53 -2003 ( Guidelines on the 
Judgement of Equivalence of Sanitary Measures Associated with Food Inspection 
and Certification Systems ). 
 
Section  9. Assessment of equivalence of food safety regulatory system . 
Determination whether the exporting country has an equivalent food safety 
regulatory system  and inspection and certification system  shall be based on 
CAC/GL 82 -2003 ( Principles and Guidelines for National Food Control Systems ) 
and CAC/GL  26-1997 ( Guidelines for the Design, Operation, Assessment, and 
Accreditation of Food Import and Export Inspection and Certification Systems ). 
 
9.1 The PPSSD shall develop an official procedure for the assessment of 
equivalence based on CAC/GL  34-1999  (Guidelines fo r the Development of 
Equivalence Agreements regarding Food Import and Export Inspection and 
Certification System ), CAC/GL 53 -2003 , and CAC /GL 26 -1997.  
 
Section 10. BPI Foreign Inspection Mission . The BPI , as part of the assessment of 
equival ence of regulatory  system , especially inspection and certification  system,  
and risk analysis,  shall constitute a BPI Foreign Inspection Mission to conduct 
inspection of establishment s, facilit ies, and/or production area s in the country of 
origin proportion ate to the risk categorization conducted. The on-site inspection 
is likewise for the purpose of verifying the effectiveness of the food safety 
controls of the exporting country . The BPI Foreign Inspection Mission shall be 
done jointly with the NPQSD for the purpose of phytosanitary controls inspection  
and verification ; hence, the team shall be composed of technically competent 
personnel from the NPQSD and the PPSSD.  
 
Section 1 1. Listing of Foreign Companies and Es tablishments. The BPI shall 
maintain a list of foreign companies and establishments officially  endorsed by 
the competent authority of the exporting country . Upon determination of 
equivalence of  food safety regulatory system , especially the inspection and 
certification system , such list shall be recognized by BPI and importation of plant 
food shall be limited to the foreign companies and establishments  on the list . 
 
Section 1 2. Certificates and Assurances.  All importation of plant food shall be 
accompanied by a certificate , an official certificate, or any equivalent type of 
assurance from the country of origin , taking into consideration CAC/GL 38 -2001  8 
 (Guidelines for Generic Official Certificate Formats and the Production of 
Certificates ). Such certificate or equivalent type of assurance shall be identified 
during the process of determining equivalence of food safety regulatory system, 
especially inspection and certification system.  
 
Secti on 1 3. Licensing of Importers . Prior to importation, all plant food importers 
are required to secure a license from the BPI in accordance with DA Department 
Circular No. 4, series of 2016 (hereinafter referred to as DA DC 4, s. 2016) , this 
Circular , and other app licable guidelines.  Licensing of importers shall be done 
jointly by the NPQSD and PPSSD.  Licensing procedure  shall include inspection of 
plant food establishments , which shall be guided by risk profiling and risk 
categorization based on establishment type and plant food profile.  
 
Section 14. Registration  to the DA Trade System . All importers shall register with 
the DA Trade System  and, eventually, with the system that will be established by 
the D A in connection to the N SW. 
 
Section 15. SPS Import Clearance Requirement . Food safety considerations shall 
be taken into account in the issuance of SPSICs. Importers of plant food shall 
secure an SPSIC with the BPI prior to importation in accordance with DA DC 4, s. 
2016 and this Circular .  
 
15.1 NPQSD and PPSSD shall establish necessary protocol and administrative 
procedure to jointly facilitate processing and issuance of SPSICs . 
 
Section 16. Responsibility of Importers . The importers are responsible for 
ensuring that imported plant food meets the standards and requirements under 
existing laws, rules and regulations on food safety , as well as for taking 
corrective actions to prevent marketing of plant  food that are not compliant with 
such standards and requirements .  
 
Section 17. Indirect Transit Cargo.  Cargoes of plant food , including the 
accompanying animal feedstuffs , which are discharged from the carrier and 
which may be unpacked or repacked in the port and/or transferred to another 
carrier for reshipment to the cou ntry of destination or re -consigned elsewhere 
shall be considered as an importation into the Philippines and  thus  shall be 
subject to food safety inspection and/or final disposition as prescribed in this 
Circular . 
 
ARTICLE III  
EMERGENCY MEASURES  
 
SECTION 18. Food Safety Emergency Situations in the Country of Origin . In case of 
food safety emergency situation in the country of origin, the importation of plant 
food from such country may be prohibited through a Circular issued by the 
Secretary of Agriculture , upon the recommendation of the BPI Director.  
 
18.1 On request by the competent authority of the exporting country, import 
prohibition may be lifted, through a Circular issued by the Secretary of 
Agriculture , upon the recommendati on of the BPI Director, upon objective 9 
 demonstration that the emergency situation has been addressed and that such 
food safety concern no longer exists.  
 
 Section 19. Implementation of Control Measures with No Risk Categorization/Risk 
Analysis. The BPI may provisionally adopt control measures, even in the absence 
of risk categorization or risk analysis, as precaution under the following 
circumstances:  
a. In cases of local emergency situations declared by national and/or 
international authorities, un foreseen events, or other situations posing an 
imminent danger to public health due to food -borne hazards;  
b. Food safety hazard has not been identified but relevant scientific 
information suggests a link between consumption of a food and the 
appearance of se rious health effects,  
c. Donation of plant food by foreign or international organizations during 
calamities; and,  
d. Other similar circumstances.  
ARTICLE I V 
IMPORT OF PLANT FOOD: BORDER CLEARANCE PROCEDURES  
 
 
Section 20. Documentary Requirement for Border Inspection .  In addition to the 
documentary requirements for inspection under DA DC 4, s. 2016, specific 
certificates , official certificates, or other type of assurances, as provided for in 
Section 1 2, shall be submitted prior to inspection at the port of entry .  
 
Section 21. Border I nspection . No commodity of plant food shall be allowed entry 
into the country unless it is accompanied by the prescribed documents; 
submitted for inspection; and, based on risk categ orization , sampling by  BPI 
designated officers at the port of entry.  
 
21.1. For medium and high risk imported plant food, inspection and sealing shall 
be done at the storage facilities and shall not be released unless inspection by the 
BPI is completed. Th e seal shall be broken only in the presence of BPI personnel 
at the facility.  
 
Section 22. Refusal of Entry or Seizure of Imported Commodities . Non -compliant 
imported plant food shall be subject to refusal of entry or seizure pursuant to the 
provisions of Section 28  of DA DC 4, s. 2016.  
 
Section 23. Sampling and Labora tory Testing. Sampling of imported plant food 
shall be done randomly, unless high food safety risk is involved. Sampling shall 
be done by BPI designated officers at the port of entry and the samples shall be 
submitted to BPI labora tories or BPI officially -accredited laboratories for testing. 
The importer or his authorized representative shall have the liberty to choose 
from among the laboratories  or BPI officially -accredited  laboratories . 
 
Section 24. Monitoring of Compliance. The NPQSD and PPSSD shall maintain and 
ensure updating of the database on the risk profiles  and category of foreign 10 
 exporting companies and establishments , importers , and imported plant food  
based on compliance with sanitary measures or import requirements to guide 
frequency of border inspections as well as conduct of audit of the food safety 
regulatory system, especially inspection and certification system, of the 
exporting country every four years.   
 
ARTICLE V  
EXPORT OF PLANT FOOD  
 
Section 25. Rules on the Export of Plant Food.  Any export of plant food shall 
conform to the following:  
 
25.1 The plant food for export conforms to the requirements of the importing 
country and this Circular ; 
 
25.2 The p lant food for export complies with the PNS or the international 
standards developed by the Codex on pathogenic microorganism, mycotoxin, 
biotoxin, pesticide residues, heavy metals , banned pesticide, other physical or 
chemical contaminants, post -harvest handling, packing, stora ge, transport of 
plant food , codes of practices,  among others , adopted as technical regulation by 
the BPI ; and,  
 
25.3 The plant food for export is from exporters duly licensed by BPI.  
 
Section 26. Responsibility of Exporters . Exporters are responsible for ensuring 
that exported plant  food meet s the food safety requirements  of the importing 
country , this Circular, and other existing domestic laws, rules and regulations on 
food safety ; communicating the requirements to plant  food producers and 
suppliers; and taking corrective actions to prevent marketing of non -compliant 
plant  food.  
 
Secti on 27. Licensing of Exporters . Prior to exportation, all plant food exporters  
and establishments are required to secure a license with the BPI in accordance 
with procedures formulated pursuant to this Circular and other applicable laws, 
rules and regulations . Licensing of exporters shall be done jointly by the NPQSD 
and PPSSD. Licensing procedure shall include inspec tion of plant food 
establishments, which shall be guided by risk profiling and risk categorization 
based on establishment type and plant food profile.  
 
Section 28. Monitoring of Food Safety Compliance . The BPI shall monitor 
exporters and establishments referred to in Section 37 of compliance to Good 
Agricultural Practices, Good Hygienic/Handling Practices, Good Manufacturing 
Practices, Good Storage Practices , and Good Transport Practices  in accordance 
with PNS or Codex standards.  
Section 29. Official Certificates.  When required by the competent authority of the 
importing country, the BPI shall issue an official certificate , upon objective 
demonstration by the exporter that the plant food for export satisfies all 
conditions and import requirements of the importing country , including 
attestation that the plant food:  11 
  
a. has been inspected;  
b. has been tested using appropriate procedures ; and, 
c. substantially complies with the food safety requirements of the importing 
country.  
 
31.1  The BPI may engage the competent authority of the importing country in 
equivalence agreement for a sanitary measure or a group of measures  involving 
a product or a category of products ; or for certificates or other types of 
assurances.  
 
Section 30. Monitoring of Compliance. The NPQSD and PPSSD shall maintain and 
ensure updating of the database on the risk profiles and category of exporters 
and exported plant food based on compliance with sanitary measures or import 
requirements of the importing country to guide frequency of i nspections .  
 
ARTICLE VI  
SANCTIONS AND PENALTIES  
 
Section 31. Grounds for Confiscation / Refusal of Entry.  In addition to the grounds 
provided in Section 28  of DA DC 4, s. 2016, t he imported plant food shall be 
refused entry / confiscated at the port of entry , if, from the initial examination 
conducted at the BOC designated examination area (DEA) , the commodity  has 
been  found to have at least one of the following violations:  
a. If the commodity fails the organoleptic assessment during inspection at 
the port of entry . In such case, the BPI designated officer shall collect 
samples for immediate confirmatory laboratory testing  and recommend 
to the BOC appropriate action concerning the commodity proportionate 
to its risk ; and/or,   
b. When the entry of plant food is prohibited pursuant to existing 
regulations . 
 
Section 32. Show Cause Order.  For any alleged violations under this Circular  or 
upon receipt of notification from the competent authority of the importing 
country , the BPI shall send a Show Cause Order (SCO) to concerned import er or 
exporter, requiring the importer or exporter to explain in writing the reported 
allegations or ille gal act within forty -eight (48) hours  upon receipt of the SCO .   
 
32.1 Failure to comply with the S CO, the BPI shall order the revocation of the 
license of the importer or exporter.   
 
32.2 Following the first detection of confirmed non-compliance or violation, the 
BPI shall issue a warning notification to the importer or exporter.  
 
32.3 Following the second detection of confirmed non -compliance or violation, 
all consignments of the importer or exporter shall be subject to 100% mandat ory 
inspection.  Additional certificates, attestations, or other type of assurance may 
be required of concerned exporter until corrective and other necessary measures 
are undertaken by the same.  12 
  
Section 33. Suspension of License. If the BPI has the reason to establish , based on 
facts and evidence presented, that any of the following acts is committed or the 
reason behind any non -compliance , as referred to in Section 31, is unjustified , the 
BPI shall order the suspension of the license of the importer  or exporter : 
 
a. Adulteration ; 
b. Misbranding ; or,  
c. Falsification of the import or export documents . 
 
33.1 The suspension shall remain in order until corrective and other necessary 
measures are undertaken by the concerned importer  or exporter . 
 
Section 34. Revocation of License  of Importers  and Exporters . The following are 
grounds for automatic revocation of license  of importers  and exporters : 
a. Refusal to implement recall program and withdrawal procedures;  
b. Committing repeated violations or non -compliances resulting in three 
consecutive suspensions;  
c. The imp orted or exported commodity is found, based on thorough 
investigation, to have caused illness or death ; 
d. Refusal to allow the inspection of the storage and transport facilities or 
any documents related to importation or exportation of plant food;  
e. Refusal to  submit the plant food for inspection, testing, or sampling; and,  
f. Other analogous circumstances.  
Section 35. Suspension of Foreign Exporting Company and Establishment. The BPI 
shall immediately notify the competent authority of the exporting country and 
the importer or its representative of any non -compliance or violations 
committed as enumerated in Section 31, Section 33, and Section 34. 
 
35.1 Following the first detection of confirmed non -compliance or violation, the 
BPI shall issue a warning notification to the competent authority of the exporting 
country.  
 
35.2 Following the second detection of confirmed non -compliance or violations 
enumerated under Section 31, all consignments coming from t he foreign 
exporting company and establishment shall be subject to 100% mandatory 
inspection . Additional certificates, an official certificate, or other type of 
assuran ce may be required for every succeeding consignment  until corrective 
and other necessary measures are undertaken by the concerned foreign 
exporting company and establishment .  
 
35.3 Detection of repeated non -compliance shall result in the suspension of the  
foreign company and establishment from exporting to the Philippines. The 
suspension shall remain in order until corrective and other necessary measures 
are undertaken by the company and establishment.  
 
35.4 Any foreign company and establishment shall be suspended from exporting 
plant food to the Philippines if such company and establishment committed any 
of the acts enumerated under Section 33. The suspension shall remain until 13 
 corrective and other necessary measures are undertaken by the concerned 
company and establishment.  
 
Section 36. Removal from the List of Foreign Companies and Establishments. Any 
foreign exporting company and establishment shall be removed from the list of 
recognized companies and estab lishments to export plant food to the Philippines 
if such company and establishment found to have committed any non -
compliance or violation enumerated under Section 34. 
 
Section 37. Suspension  and Revocation  of System -wide Equivalence Agreement. 
The DA, up on recommendation by the BPI, shall suspend the recognition of 
equivalence of the food safety regulatory system, especially the inspection and 
certification system, of the exporting country, if found  that , based on facts and 
evidence collected and presented, 50% of its endorsed exporting companies and 
establishments have repeatedly committed violations enumerated under Section 
31 or any of the violations stipulated under Section 33. The suspension shall 
remain until corrective and other necessary measures are undertaken by the 
competent authority of the exporting country.  
 
37.1 The DA, upon recommendation by the BPI, shall revoke the recognition of 
equivalence of the food safety regulatory system, especiall y the inspection and 
certification system, of the exporting country, if found that, based on facts and 
evidence collected and presented, 50% of its endorsed exporting companies and 
establishments have committed any of the violations enumerated under Sectio n 
34. 
 
37.2 In either cases, the BPI shall immediately notify the competent authority of 
the exporting country of the suspension or revocation.  
 
Section 38. Sanctions imposed without prejudice to prohibitions , penalties and 
sanctions provided in RA 10611 , applicable laws and other administrative 
issuances.  Sanctions imposed pursuant to this Circular shall be without prejudice 
to the prohibitions,  penalties and sanctions in Section 3 7 and 38 of the RA 10611, 
applicable laws , and other administrative issuances.  
 
Section 39. Effects of Revocation of R egistration /License . 
a. Any company/e stablishment whose license  has been revoked shall be 
deemed blacklisted  and included in the list of blacklisted  or delinquent 
licensed  exporter,  importer, owner, company, food safety compliance 
officer,  trader, broker , or establishment ; 
b. Exporters,  importers,  owner, designated food safety compliance officer or 
broker , including licensed company  or establishments , who are blacklisted 
shall not be qualified to re-apply for licensing ; 
c. The list of all blackl isted or delinquent exporters,  importers, brokers,  
owners, food safety compliance officer, companies , and establishments , 
including  those with expired licensing  shall be published and uploaded at 
the DA and bureau/agency website.  
 14 
 Section 40. Right to Appeal. Any person aggrieved by an action or decision of the 
BPI Director under this Circular may appeal to the Secretary within the fifteen 
(15) days from receipt of the decision.  
 
ARTICLE VII  
MISCELLANEOUS PROVISIONS  
 
Section 41. Collection of Fees .  The BPI shall formulate schedule of fees for 
inspection, certification, clearances , testing,  and others, on  imported and 
exported  plant food  subject to public consultation . Provided , that importations 
and exportations of all government agencies; government owned or controlled 
corporations; donations to and for the account of any duly registered relief -
organizations; or any charitable institution certified by the Department of Social 
Welfare  and Development; embassies of foreign governments; and those that 
maybe declared by the President, upon the recommendation of the National 
Economic and Development Authority, in the interest of economic development, 
are exempt  from payment of such fees excluding, however, the expense incurred 
in commodity treatment.  
 
Until such time that schedule of fees in accordance wi th this Section has been 
issued , the relevant provisions of DA Administrative Circular No. 9, series of 
2015, as amended, shall app ly. 
 
Section 42. Appointment and Designation of Plant Food Safety Officers.  The BPI 
Director shall appoint or designate, through a Memorandum Order, Plant Food 
Safety Officers who shall act as his representatives in implementing and 
enforcing the provision s of this Circular.  
 
Section 43. Authority to Promulgate Manual of Operations, Standard Operating 
Procedures and P rotocols . The BPI Director shall promulgate manual of 
operations, standard operating procedures and protocols consistent with this 
Circular, PNS , and other applicable guidelines , taking into consideration 
international standards and codes of practice developed by in ternational 
standard -setting organizations,  in the implementation and enforcement of this 
Circular.  
 
Section 44. Continuous  Communication and Education of Importers and Exporters.  
The BPI shall implement , in partnership with relevant agencies or offices under 
the D A or BPI officially accredited training service providers,  a Continuous 
Communica tion and Education Program for i mporters  and e xporters about the 
requirements on Philippine food safety law, rules and regulations including any 
problems of  food safety concern.  
 
Section 45. Inspection and Audit of Plant  Food Control System . The BPI shall create 
an oversight program for the inspection and auditing of  imported plant  food 
control system including, but not limited to,  importers’ compliance with this 
Circular and other food safety requirements.  
 15 
 Section 46. Upgrading of Regulatory Laboratories  and Official Accreditation of 
Public and Private Testing Laboratories . The B PI shall upgrade its relevant 
regulatory laboratories  in accordance with the DA harmonization of regulatory 
laboratories  to meet required standards for accreditation  for crop protection, 
plant quarantine , and food safety . The BPI may officially accredit testing 
laboratories to conduct inspection and certification services on its behalf.  
 
Section 47. Official  Accreditation of Training Service Providers  for Training of 
PFSCOs  and FBOs . The BPI shall officially accredit train ing service providers to 
conduct  on its behalf  trainings for PFSCO s/FBO s on food safety laws, rules and 
regulations, national and international standards, protocols and other relevant 
issuances.  
 
ARTICLE VIII  
FINAL  PROVISIONS  
 
Section 48. Transitory Provisions . For importers  and exporters who are 
accredited/registered with BPI  prior to the effectivity of this Circular, their 
accreditation/registration shall be duly recognized. The provisions on licensing 
under this Circular shall be applied upon renewal of licenses.  
 
48.1 For exporting countries which have been exporting certain plant food to the 
Philippines and plant food which has been allowed entry into the country prior 
to the effectivity of this Circular, the BPI -PPSSD shall conduct risk analysis and 
determination of equiv alence of food safety regulatory system, especially 
inspection and certification system, within six years after the effectivity of this 
Circular.  
Section 49. Repealing Clause. Articles II, III, IV, VI , VIII  and IX of DA DC 4, s. 2016 
are amended or modifie d accordingly. All other department orders, 
memorandum circulars, rules and regulations inconsistent with the provision of 
these rules and regulations  are, hereby , likewise , repealed, amended , or modified 
accordingly . 
 
Section 50. Separability Clause. If any provision of this Circular is declared invalid 
or unconstitutional, the other provisions not affected thereby shall remain in full 
force and effect.  
 
Section 51. Effectivity. This Circular  shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation  and after fifteen (15) 
days from registration with the office of the National Administrative Register, UP 
Law Center . 
 
 
 
WILLIAM D. DAR  
         Secreta ry