Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

%, 3553

HOUSE BILL NO.

Introduced by Representative Lex Anthony Cris A. Colada

EXPLANATORY NOTE

We must acknowledge that the success of the pig and poultry industries of the
Philippines is also dependent on the feeds industry of the country. Our country's
livestock programs go hand-in-hand with an organized and regulated feeds industry,
both supported by the government, and its ultimate goal of economic success should
be ensured by correct and relevant policies. This is the rationale behind the proposed
Animal Feeds Act of 2019,

This bill, An Act to Regulate and Control the Manufacture, Importation, Exportation,
Labeling, Advertising, Distribution and Sale of Animal Feeds and Providing Funds
Therefore, seeks to organize, update and strengthen the livestock and poultry feeds
industry and the Philippines. The original law, Republic Act 1556, was originally
enacted way back in 1956 and since then, was supported only by various executive
issuances. The changes brought about by the continued growth of the industry and
the competition brought about by liberalized trading policies and hands the need for a
better and new law that is more in tune with the demands of the present time.

The proposed amendments of the bill seek to update many of the out dated definition
of terms, policies and penalties found in the original law. For example, the scope of
the regulation of the animal feeds industry would not be limited to the importing of
feeds, but would also include the feeds the country is exporting. This is to ensure
quality control and the inclusion of all feeds intended for both terrestrial and aquatic
animals. All the provisions of the proposed law are also in accordance with labeling
requirements of the Consumer Act (RA 7394) and the Food Safety Act (RA 10611)

Also, a better licensing and registration process to ensure the quality of all feeds
whether for commercial or non-commercial use is established, together with stricter
labeling requirements, and the penalties and remedies for any complaints are all
tasked to the Department of Agriculture's Bureau of Animal Industry for administration
and regulation of this proposed law, working hand-in-hand with the proposed Animal
Feed Control Advisory Committee,

Play, aside from the updated a minister to fees and charges, the provisions for stricter
regulations come with higher fees for penalties, which will ultimately benefit the


industry. A revolving fund called the Philippine livestock promotion fund will be
the repository of all the charges in peace and all other income during the
implementation of the proposed law and will be used for the maintenance and
improvement of the services of the (BAI)

It is the hope of this representation that this bill, when passed, together with the
resulting IRR, would help update, strengthen and promote the Philippine livestock and
poultry feeds industry. The economic and commercial success of the livestock and
Poultry feeds will hopefully beneft the small and poor farm workers dependent upon

the industry. ‘

LEX ANTHONY GRIS A. COLADA
AAMBIS-OWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3553

Introduced by Representative Lex Anthony Cris A. Colada

AN ACT AMENDING REPUBLIC ACT 1556, OTHERWISE KNOWN AS THE
LIVESTOCK AND POULTRY FEEDS ACT OF 1956

Section 1. Title and scope. This Act shall be known as an Act Regulating The
Manufacture, importation, Exportation, Labeling, Advertising, Distribution And Sale of
Animal Feeds Industry to Include all Feeds Intended For Terrestrial and Aquatic
Animals and Providing Funds Therefore or the “Animal Feeds Act of 2022.”

Section 2. Enforcing Official. This Act shall be administered by the secretary of the
Department of Agriculture (DA) through the Director of the Bureau of Animal Industry
(BAN).

Section 3, Definitions. For the purpose of this, Act the following turn shall mean:

A. ACCREDITATION - Refers to the privilege granted by the DA and BAl to a
rendering plant to export its processed animal proteins to the Philippines after
due evaluation, validation, on - site inspection and conduct of import risk
analysis based on a set of rules, regulations, recommendations and standards
to determine the soundness of the veterinarian services, feed inspection

system, quality and safety of their products.

B. ADDITIVE - Refers to an ingredient or combination of ingredients which may or

may not have nutritive value, but is added to the feed and micro quantities to


fulfill specific needs, which includes, but not limited to, acidifiers, antioxidants,
aromatics, deodorizing agents karma flavor enhancers, mold inhibitors, pellet

binders, preservatives, sweeteners, toxin binders.

ADULTERATED FEED - Refers to a mixed feed, feed ingredient, supplement,
additive, base mix, concentrate, specialty feed, a special feed nutrient
Preparation and other feed products found to contain any material that may be
harmful, damaged, or of no value; or if any substance has been added to the

feed product that may increase its bulk or weight and/or its quality,

ANALYST - Refers to a personnel appointed or designated by the Director of
the Bureau of Animal Industry for the purpose of implementation of this Act to
conduct laboratory tests on feed and feed ingredient.

AQUATIC ANIMAL - Refers to an animal normally maintained in an aquarium,
tank, pond, or cage either used for food such as but not limited to, milk fish,
tilapia, carp, grouper, pompano, shrimps, prawn, etc. Or for pleasure such
as tropical fishes like old fish, silverfish, damsel fish, quick fish, etc.

BASE MIX — Refers to a mixture of one or more macro-mineral sources and
several micro-ingredient sources such as vitamin premixes trace mineral
premixes, essential amino acids and feed additives, when mixed with sources

of protein and energy forms a complete feed.

BRAND - Refers to any distinctive mark or name applied to a feed or feed
ingredient.

CHEMIST - Refers to a person who has a degree in B.S. Chemistry, or in case
of other allied professions, has completed the requirements for the said degree,

and duly licensed by the professional regulations commission.

COMMERCIAL FEEDS - Refer to the feeds, feed ingredients, feed
supplements, feed additives, base mixes, concentrates, specialty feeds, special
feed nutrient preparations and other feed products which are manufactured or



processed with the intention to sell to the general public, to a limited clientele
or to a specific buyer or consumer. For purposes of this AO, custom-mixed
feeds and feed products are considered as commercial feeds and/or feed
products.

|. CONCENTRATE - Refers to feed ingredient that is low in fiber and high in total
digestible nutrients. It is also a term used that refers to a feed for a game fowls,

fighting cocks, ete.

. CONDEMNATION - Refers to the action of declaring feed or feed ingredients

unfit for use.

. DAMAGE TO FEED - Refers to any feed or feed ingredient which has been
subjected to any factor that has affected its quality or decrease its
nutritive value which when fed to animals may be injurous, harmful or
detrimental to their health.

|. DIRECTOR - Refers to the Director of the Bureau of Animal Industry.

. ENTITY - Refers to any person, firm, corporation or association desiring to
engaged in the manufacture or production of commercial and non-commercial

feeds.

). EXPIRED PRODUCT - Refers to a product that has exceeded its expiry date,
after which, it is no longer permissible to distribute, sell or use.

. FEED - Refers to a combination of mixture a feed ingredients, supplements and
additives capable of furnishing, in part or in whole, the traditional seeds or
requirements of the animal in order to maintain life, promote growth, production

and reproduction.

. FEED ESTABLISHMENT - Refers to an entity, partnership, company,
corporation or cooperative engaged in the manufacture, importation,
exportation, dealership, distribution and/or sale of feed and feed ingredient.


R. FEED INGREDIENT - Refers to a component, part or constituent of any
combination or mixture making up a feed, whether or not it has nutritional value
in the animal's diet. It includes raw material in the formulation of a region or
mixed feed, base mix, concentrate, feed supplement, feed additive, specialty
feed and/or a special feed nutrient preparation, Ingredients are of plaid, animal

or aquatic origin, or other organic or inorganic substances.

S. INJUROUS - Refers to any substance; or article that can cause physical harm
to animals.

T. ILLEGAL -Refers to any article or substance and establishment that are
unregistered/expired or counterfeit product and/or registration with the Bureau
of Animal Industry.

U. IMPOUNDING - Refers to any action for the temporary administrative custody

of condemned products.

V. INSPECTOR - Refers to any train person authorized to enforce the provisions
of the Act.

W. LABEL - Refers to any written, Printed or graphic matter attached affixed to or
found in any package, bag, bale, sack, barrel, bin, can, canister or any other
container or mixed feeds, feeding ingredients, feed supplements, feed
additives, base mixes, concentrates, specialty feeds, special feed nutrient
preparations andlor other feed products.

X. LIVESTOCK - means and include horses, cattle, carabaos karma sheep karma
swine karma rabbits, poultry in such other animals or birds as the secretary

may, from time to time by regulation com | prescribe,

Y. MISLABELED/MISBRANDED - Refers to a product falsely labeled and in

violation of statutory and regulatory requirements.


Z. MIXTURE - means any combination of two or more feed ingredients used in the

manufacture a feeding stuff.

(AA) NON-COMMERCIAL FEEDS - Refer to feed or feed ingredient
manufactured or produced for the purpose of using it to for own consumption

and not intended for sale.

(AB) PACKAGE - Refers to a sack, bag barrel combo Box, been, can, canister

any other for feeds and/or feed ingredients.

(AC) REGULATIONS - Mean rules prescribed under the authority of this Act.

(AD) SECRETARY - Means the secretary of Department of Agriculture

(AE) TERRESTRIAL ANIMALS - Refers to animals that live on land which are
raised either for human food, for research or for pleasure,

Section 4, Licensing and Registration.

a) LICENSING OF FEED ESTABLISHMENTS. Any entity desiring to engaged in
the manufacture or production of commercial and non-commercial feeds
importation, exportation, repacking, indenting, distribution, and sale of feeds or
feed ingredients shall be licensed by the Bureau of Animal Industry.

(8) application for registration or annual of renewal thereof, shall be made by the
person, partnership cooperative, firm corporation, association, marketing,
manufacturing, importing, indenting, or distributing such feeds or feeding stuffs, or by
his accredited agent in such form and manner as may be prescribed from time to time
by regulations, Each type or kind of feed or feed stuffs manufactured or imported shall

be registered separately.

(C) An application for registration shall be accompanied by a registration fee of five
pesos for H store registry by a person, firm Commack operative, partnership,
corporation, ar association engaged in retailing commercial feeds or feeding stuffs,


fifty pesos for distributors, one hundred pesos for local feed stuff suppliers with gross
sales of one hundred pesos or more, two hundred pesos for importers and/or inventors
and three hundred pesos for manufacturers of commercial feeds or feeding stuffs. The
registration fee shall be payable at the option of the person, partnership, firm
cooperative, corporation or association engaged in the manufacture, importation, sale
or distribution of feeds are feeding stuffs, annually, on or before the twenty first of
January, or semi-annually, or before the thirty first of January and July. When a
business is newly opened during any year the registration fee shall be reckoned from
the commencement of the current semester; and when either at anytime abandoned
the registration fee shall be exacted for a longer period than to the end of the semester;
Provided, that those who elected to pay the registration fee in full shall not be entitled
to a refund of the fee corresponding to the unused period or which the fee had been

paid]

b) REGISTRATION OF FEED PRODUCT. Each type, brand or kind of feed or
feed ingredients manufactured, imported, distributed, exported or offered for
sale shall first be registered with the Bureau of Animal Industry.

c) LICENSING AND REGISTRATION REQUIREMENTS. The Bureau of Animal
Industry shall promulgate the necessary requirements, standards and
guidelines for licensing and registration, subject to the approval of the secretary.

d) VALIDITY, The license and registration granted shall have an initial validity of
two (2) years and renewable every three (3) years hereafter.

Section 5. Prohibitions.
A) No feed or feed ingredient in the form of complete mixture, concentrate,
[ingredient] or supplement which have not been registered with the Bureau of
Animal industry, shall be manufactured, imported, advertised, sold or offered

for sale or held in possession for sale in the Philippines.

B) No commercial feeds or feed ingredients shall be registered:


1) Without first securing an approved brand name, when applicable, identical,
confusing, or inappropriate brand name shall not be allowed, if the specific
name of each and every ingredient of mixture, base or concentrates, and
supplement is not clearly stated; or

2) If the feeds or feed ingredient do not conform to the provisions of this Act.

€) No change, modification or amendment in the brand and label of a registered
feed or feed ingredient shall be made without the approval of the Director or his

duly authorized representative.
Section 6. Administrative Remedies

a) SUSPENSION OF REGISTRATION - The Director may suspend, subject to the
rules and regulations promulgated for the implementation of this Act, that
registration of any feed and feeding stuff or feed ingredients which are found
after proper investigation to be not in conformity with the provisions of this Act.

b) RECALLISIEZURE - Any adulterated, damaged or injurious feed shall be
impounded and subsequent manufacture thereof prohibited by the Director.
Provided further, that when there is a reasonable cause to believe that certain
feed or feed ingredients are damaged, adulterated or injurious such feed or
feed ingredient shall be immediately impounded and portion thereof be recalled
from the market at the expense of the manufacturer, importer or retailer upon

notice of the Director.

c) SEIZURE AND CONFISCATION - Any unregistered, banned and/or expired
products shall be seized and confiscated.

d) The Director of Bureau of Animal Industry or his duly authorized representative
shall have the power to investigate the sources and/or distribution or retailers
of feed AND FEED ingredients. {such as rice mills, com mills, flour mills,
cassava mills, fish mills meat mil, ipit-ipil leaf mills and such other mills that
manufacture ingredients used in the compounding of feed or feeding stuff and

to require them to register under this Act.]


Section 7. Creation of Animal Feed Control Advisory Committee. The secretary,
upon the recommendation of the Director, shall create a committee to be known as
Animal Feed Control Advisory Committee (AFCAC), composed of the following:

1), Chief, Animal Feeds, Veterinary Drugs and Biologics Control Division, Bureau
of Animal industry, Chairman;
2) Chief, Veterinary Laboratory Division, Bureau of Animal Industry, member:
3) Philippine Association of Feed Millers, Inc., member
4) Legal division Department of Agriculture, member;
5) Legal Unit, Bureau of Animal Industry, member:
6) Amember from the Bureau of Fisheries and Aquatic Resources, member:
7) Two (2) members from state universities and colleges with expertise in animal
nutrition
The committee shall, upon request or referal of the Director, conduct studies,
evaluation and formal investigation and make recommendations and policy and

technical matters arising from the implementation of this Act.

The committee may create sub-committee which shall Act as the technical working

group.

The committee may request assistance from and use of facilities to other agencies
and the performance of its mandate.

The committee shall meet quarterly or as often as the need arises. The committee
members, including to technical working group and secretariat shall be entitled to
receive no other compensation except for honoraria,

Section 8. Labor late requirements. Each type, brand and kind of feed and feed
ingredient shall follow the labeling requirements set by the BAI in accordance with the
provisions of the Consumer Act (RA 7394) and Food Safety Act (RA 10611)

Section 9. The Animal Feeds, Veterinary Drugs and Biologics Control Division of the
Bureau of Animal Industry shall be responsible for feed regulation and perform the

following functions:


A) License
8) Registration

C) Accreditation

D) Certification

E) Inspection

F) Evaluation

G) Sample Collection
H) Monitoring

1) Surveillance

J) Field Investigation
) Compiaint, Investigation and Enforcement

To effectively implement the provisions of this Act, the Animal Feeds, Veterinary Drugs
and Biologics Control Division needs to be strengthened by providing additional
plantilla positions at the national and regional levels.

The feed laboratories of the Department of Agriculture shail likewise be strengthened
to upgrade its facilities and equipment and providing additional plantilla positions for

chemists thereof.

Section 10. The Director and/or his inspectors shall be permitted at all reasonable
times to enter and inspect any premises and/or conveyances in which feeds or feeding
ingredients are sold, produced, process, transported, or held in possession for sale or
distribution {when he has reasonable cause to believe any feed or feed ingredient is
being prepared or has been prepared for sale] at may opened any package containing
or supposed to contain any feed or feed ingredient, and take there from samples for
analysis without cost, and shall likewise be permitted to inspect any records or
documents which are necessary in verifying the volume of production and/or

importation for proper assessment of the inspection fee as provided for in this Act.

Section 11. Regulations. The Director, upon recommendation of the Animal Feed
Control Advisory Committee created under Section 7 hereof and subject to the
approval of the Secretary, shall promulgate rules and regulations:


1, Prescribing the labeling requirements of feeds and feed ingredients;

2. Prescribing the quality and safety standards of feeds and feed ingredients to
conform with local and international standards;

3. Prescribing procedures and regulations in the manufacture, importation,
distribution and/or sale of medicated feeds providing for the prevention of false
and/or the seeding claims that may be made for any feed or feed ingredients;

4. Prescribing procedures for impounding, condemnation and/or disposition of
deficient, damaged, adulterated and/or injurious feed or feed ingredient:
Provided, that the disposal to shall be at the expense of the feed establishment
[manufacturer, importer distributor or retailer] concerned;

5. Prescribing methods for collection and appropriate sampling a feeds and feed
ingredients;

6. Requiring the services of an animal nutrionist or veterinarian and licensed
chemist for manufacturers of mixed feeds in connection with the formulation,
compounding, mixing, analysis and tests, formulation of feed and feed
ingredients and to prescribe such other rules and regulations as may be
necessary to carry out the purpose of this Act;

7. Prescribing methods of physical, chemical, biological and radiological and other
appropriate analysis/test for determining the purity and safety of feeds and feed
ingredients, and prescribing rules and regulations thereof;

8. Prescribing procedures for advertisement of feed and feed ingredients;
Requiring all locally manufactured feeds to be composed of at least five (5)

percent of local feed ingredients.
Section 12. Fees, charges and expenditures

A) Appropriate fees and charges shall be collected for each application for
licensing and registration, subject to the approval of the secretary.

B) Aside from the registration fee, an inspection fee which shall be determined and
approved by the secretary, shall be imposed on all locally manufactured and
imported feeds and feed ingredients

C) Expenses related to inspection and evaluation of establishment for registration

and licensing purposes, such as traveling, accommodation and food expenses


of the inspectors shall be shouldered by the government. The necessary
guidelines shall be prescribed by the Director subject to the approval by the

secretary.

Section 13. Revolving Fund. The revolving fund known as the Philippine Livestock

Promotion Fund as provided in Commonwealth Act numbered on hundred and
eighteen, as amended, shall be the repository for all fees and charges and other

income which will be derived from the implementation of this Act. It shall be used for

the maintenance and improvement of services, laboratory facilities and supplies,

capacity building for personnel, trainings and research in the Bureau of Animal

Industry needed in the implementation of this Act, as well as expenditures and

honoraria for the Animals Feed Control Advisory Committee.

Section 14. Prohibited Acts. It shall be unlawful for any person, partnership, firm,

cooperative, corporation or association to commit the following acts:

To engage in the manufacture, importation, sale or distribution of feed or feed
ingredient, without having first registered in accordance with this Act in the
Office of the Director of the Bureau of Animal industry.

To willfully obstruct, hinder, resist or in any other way opposed the disposition
of feeds placed under detention;

To import, manufacture, distribute, advertise, sell or offer for sale or possess
for sale any feed which does not conform with or contravenes the provisions of
this Act;

To fraudulently lessen or adulterate the feeding value of any feed or feed
ingredients

To tamper with packaged feeds for fraudulent purposes, markings, or other
information placed on packages of feeds or feed ingredients

To fraudulently alter or use certificates of analysis of any official analyst;
{willfully obstruct, hinder, resist, or in any other way opposed disposition of
feeds placed under detention imports manufacture, distribute, advertise, sell or
offer for sale or possess for sale any feed which does not conform with or

contravenes the provisions of this Act;]


7. Any violation of this Act, and the rules and regulations issued thereunder;
refusal to allow entry of inspector

8. Unregistered feed manufacturerlimporter;

9. Diversion of feed ingredients for human consumption;

10.Falsification of license to operate:

11, Disposition of feed/feed ingredient under detention/custody;

12.Violation of suspension/cancelation order.
Section 15, Penalties

For violation of Section 14 a,b , ¢, d, h, i,j k, I, and m, a penalty of imprisonment of

‘one (1) year to six (8) years and a fine of 1 million pesos shall be imposed.

For violations of section 14 e, f, and g, a penalty of imprisonment of six (6) months to

one (1) year and a fine of five hundred thousand pesos.
For corporations, association, partnership or firm, the person liable shall be the
president, board of directors, board of trustees, managing partners whenever

applicable.

In addition to the above-mentioned penalties are the following fines and sanctions:

Violation Penalty Fines
Unregistered feed/feed | Suspension of License | P 500,000.00
ingredient to Operate (LTO)

Falsify certificate of feed product | Suspension of LTO P 500,000.00
registration (CAPR)

Unauthorized use of brand name | Suspension of LTO | P 500,000.00
Misbranded feeds lash feed | Suspension of LTO P 500,000.00
Lingredient__j =
Distribution and sale of custom | Suspension of LTO P 500,000.00
mixed feeds and open market
Unlawful use of registration | Suspension of LTO P 50,000.00
number _
Production, distribution and sale | Suspension of LTO P 500,000.00
of at labeled feed/feed ingredient
Importation of unregistered | Suspension of LTO P 1,000,000.00
feed/feed ingredient



Misleading advertisementfalse | Suspension of LTO | P 500,000.00
advertising
Mixture of 2 or more feeds of | Suspension of LTO | P 500,000.00
different formula or brand
Distribution, sale or use of| Suspension of LTO | P 7,000,000.00
expired feed and feed ingredient
Presence of antibiotic in feeds | Suspension of LTO _| P 4,000,000.00
not registered as medicated feed

Substandard feedifeeding | Suspension of _ the | P 500,000.00

gradient CEPR

‘Adulterated feed ingredient Suspension of _ the | P 500,000.00
CEPR

Mislabeled/and Labeled | Suspension of _ the | P 500,000.00

Feed/Feed Ingredient CFPR

‘Tampered packages/tagsiiabels | Suspension of _ the | P 500,000.00
CFPR

Falsified analysis results Cancelation of LTO__| P 500,000.00

Refusal to allow entry of | Revocation of LTO +

inspector Criminal Prosecution

Violation of| Criminal Prosecution

Suspension/Cancelation Order | (six (6) years
(for mixed feed and feed imprisonment)
ingredient manufacturer)
Presence of Heavy | Siezure
Metals/Mycotoxin beyond
maximum lot level

Presence of Salmonella/E-Coli__| Siezure

Presence of prohibited/banned | Cancellation of LTO
drugs within the premises of
establishments non-display of
| Registration certificate
Unregistered feed establishment
(suppliers/retailers)

Other types of violations related
to suspend should/cat solution of
registration and licensing

Section 16. Repealing Clause. All acts or parts thereof inconsistent with the
provisions of this Act are here by repealed

Section 17. This Act shall take thirty (30) days from the date of its approval

Approved.