Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15™) CONGRESS
First Regular Session

House Bill No, 3970

Introduced by Hon. AGAPITO H. GUANLAO

EXPLANATORY NOTE

The proliferation of hot or double dead meat more popularly known as “botcha” and
over-importation continue to threaten the existence of the local meat and poultry industry.
At the backdrop of the issues of over-importation of meat and poultry is the equally
important issue of safety. As much as local meat, imported meat and poultry products that.
now flood our public markets should be subject to inspection and laboratory tests,

Lost in the media noise about double dead meat being intercepted in transit is the fact
that a more than significant amount of “double dead” meat being sold and confiscated are
actually imported. This casts doubts over safety measures being implemented by the National
Meat Inspection Service (NMIS) and the Bureau of Customs, now that the country’s public
markets are flooded with imported hog meat and choice cuts poultry meat.

Notwithstanding the presence of phyto-sanitary laboratories in the country’s major
ports, the conduct of tests is not mandatory and undertaken upon discretion of the Bureau of
Customs, that only relies on the “safety” vouched by importing countries.

The issue here is self-protection that demands full inspection and testing of all imported
foodstuffs to make sure that all are indeed safe for consumption. At this point in time, the
Filipino people may have consumed most of the 69.3 million cheaper, imported and frozen
choice-cut of chicken meat available in public markets, perhaps unmindful of the laxity in
safety inspection by authorities,

On the other hand, The widespread and unmitigated trade of meat and meat
products from dead or diseased animals continue and unabated, thus posing serious health
hazard to the population and the industry itself. Despite penalties imposed by the NMIS on
the sale, distribution and transport of “hot meat” or “botcha”, the practice is largely
unchecked. It has just become very easy or still “economically viable” for perpetrators to
continue with their trade with the present fine of P1,000 to P10,000 and the imprisonment of
not less than six (6) months but not more than five (5) years when apprehended and
convicted, In fact, proceeds from sale of successful transport and distribution of “botcha” are
more than enough to cover the fines.


This Representation strongly believes that providing for stricter phyto-sanitary
measures and the provision for stiffer penalties for the sale of “hot meat” is a matter of
Protecting the safety of the population, as much such provide protection to local meat and
poultry industries. Phyto-sanitary tests on imported meat and poultry products that enter the
country should therefore be subject to regular inspection and laboratory examination. Unless
these measures are undertaken, the Filipino people will never be certain that the meat and
poultry they consume are safe.

In view of the foregoing, immediate approval of this bill is earnestly sought.

REP. AGAPITO H. GUANLAO
Butil Farmers Party (Partylist)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH (15) CONGRESS
First Regular Session

House Bill No. 3970

Introduced by Hon. AGAPITO H. GUANLAO

AN ACT
PROVIDING FOR THE REGULAR PHYTO-SANITARY LABORATORY TESTING AND
EXAMINATION ON ALL IMPORTED MEAT AND POULTRY PRODUCTS AND PROVIDING
FOR STIFFER PENALTIES IN THE SALE, TRANSPORT AND DISTRIBUTION OF “HOT MEAT”
AMENDING FOR THIS PURPOSE REPUBLIC ACT 9296 OR THE NATIONAL MEAT
INSPECTION CODE OF THE PHILIPPINES, AND FOR OTHER RELEVANT PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress Assembled

Section 32 of Republic Act 9296 is hereby amended to read as follows.

Section 32: Examination and Laboratory Analysis. - The NMIS shall conduct REGULAR
EXAMINATION AND [examination and when necessary], laboratory analysis of ALL
imported meat and meat products BEFORE [after] the products are approved for release by
the National Veterinary Quarantine Service at the ports of entry. THE TERM REGULAR IS.
DEFINED IN THIS ACT, IS THE ACTUAL TIME OF ENTRY OF IMPORATED MEAT AND MEAT
PRODUCTS.

Section 35 of Republic Act 9296 is hereby amended to read as follows.

Sec. 35. Compliance Prior to Shipment. - Meat exporters to the Philippines must comply with
all other Philippine import requirements AND LABORATORY TESTING OR
LABORATORY EXAMINATION. FOR PHYTO-SANITARY STANDARDS prior to the
shipment of meat and meat products into the country.

Section 36 of Republic Act 9296 is hereby amended to read as follows.

Sec. 36. Import Requirements. - Imported meat and meat products shall be refused entry if
they do not meet Philippine import requirements AND PHYTO-SANITARY STANDARDS
A’ A RESULT OF LABORATORY EXAMINATION. The refused entry items shall be re-
exported to the country of origin or destroyed at the expense of the importer or owner in order
to protect public health and the local animal population.

Section 48 of Republic Act 9296 is hereby amended to include the following:

Sec. 48. Prohibited Acts. - No person, firm or corporation shall:

@) slaughter any food animal or prepare meat or meat product in any meat
establishment except in compliance with the requirements of this Act;

'b) slaughter or handle in connection with slaughter, any food animal in a manner not
considered humane;


©) sell, transport, offer or receive for sale or transportation in commerce carcasses or
parts thereof, meat or meat product required to be inspected under this Act unless
they have been so inspected and passed;

d) SELL, OFFER OR RECEIVE FOR SALE, FROZEN IMPORTED MEAT OR
PARTS THEREOF IN PUBLIC MARKETS WITHOUT PROPER AND ADEQUATE
FACILITY FOR STORAGE, and,

) do any act while they are being transported in commerce or held for sale, which is
intended to cause or has the effect of causing such articles to be adulterated or
misbranded.

Section 56 of Republic Act 9296 is hereby amended to read as follows:

Sec. 56. — [Administrative Fines] PENALTIES AND FINES - ANY PERSON, EITHER FOR
HIMSELF OR IN BEHALF OF ANOTHER PERSON, FIRM, CORPORATION,
OR PARTNERSHIP, WHO SHALL SLAUGHTER ANV ANIMAL, WHICH HAS
NOT UNDERGONE AN ANTE-MORTEM EXAMINATION A$
THIS ACT AND SHALL STORE, TRANSPORT, SELL OR OTHERWISE DISPOSE
OF CARCASSES, ORGANS OR PARTS THEREOF FOR FOOD OR WHO
SHALL FALSIFY, FORGE, COUNTERFEIT, ALTER, DEFACE OR DESTROY
ANY CERTIFICATE, PASS, TAG OR OTHER DOCUMENT OR PAPER ISSUED
OR MARKED BY VIRTUE OF THIS ACT SHALL, UPON CONVICTION,
SUFFER IMPRISONMENT RANGING FROM A PERIOD OF NOT LES$ THAN
$IX (6) YEARS AND ONE (1) DAY BUT NOT MORE THAN TWELVE (12)
YEARS OR PAY A FINE OF NOT LESS THAN TWENTY THOUSAND
PESO$ (Php20,000.00) BUT NOT MORE THAN TWO “HUNDRED
THOUSAND PE$O$ (Php200,000.00), OR BOTH, AT THE DISCRETION OF
THE COURT.

Section 58 of Republic Act 9296 is hereby amended to include the following:

Sec. 58. Confiscation. - Any carcasses, parts of carcasses or products of carcasses found to have
been prepared, handled, packed, stored, transported or offered for sale as human food not in
accordance with any provisions of this Act shall be confiscated and disposed of as provided in
the Implementing Rules and Regulations at the expense of the person, firm or corporation
found to be in violation thereof.

a) ANY FROZEN IMPORTED MEAT AND MEAT PRODUCTS SOLD, OFFERED
OR RECEIVED FOR $ALE IN PUBLIC MARKETS WITHOUT PROPER AND
ADEQUATE FACILITY THEREIN SHALL BE CONFISCATED AND DISPOSED
OF A$ PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS AT
THE EXPENSE OF THE PERSON, FIRM OR CORPORATION TO BE IN
VIOLATION THEREOF; AND,

b) ANY PERSON, FIRM OR CORPORATION FOUND IN VIOLATION OF THIS
PROVISION SHALL BE FINED AN AMOUNT IN ACCORDANCE TO THE
IMPLEMENTING RULES AND REGULATIONS OF THIS ACT.

Sec. 60. Separability Clause. - if any portion or provision of this Code is declared invalid or
unconstitutional, the other portions or provisions not affected thereby shail continue to be in
full force and effect.


Sec. 61. Repealing Clause. - All existing laws, decrees, executive orders and rules and
regulations or Parts thereof which are inconsistent with this Code, are hereby repealed or
modified accordingly.

Sec. 62. Effectivity. - This Code shall take effect thirty (30) days after its complete publication
in the Official Gazette or in two (2) newspapers of general circulation, whichever comes first.