Republic of the Philippines
HOUSE OF REPRESENTATIVES, V
Quezon City, Metro Manila 290cT 2014

Sixteenth Congress
Second Regular Session

oX
House Bill No, 0162 \\

Introduced by Representative Sharon S, Garin

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 suecess should be ensured by correct and
relevant policies. This is the rationale behind the proposed Animal Feeds Act of 2014,

This bill, An Act fo 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
in 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 The original law, Republic Act 1556, was originally enacted way back in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 enhance 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The proposed amendments of the bill seek to update many of the outdated definition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, to ensure quality control and included
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.



Finally, aside from updated administrative 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 and fees and all other income during the implementation of the proposed law 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 Philippines’ Livestock and
Poultry Feeds Industry. The economic and commercial success of the livestock and poultry
feeds will hopefully benefit the small and poor farm workers dependent upon the industry.

AAMBIS-Owa Party List


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

Sixteenth Congress
Second Regular Session

PD)
House Bill No, 04-62

Introduced by Representative Sharon S. Garin

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.

(TENDED FOR TERRESTRIAL AND AQUATIC ANIMALS AND PROVIDING
FUNDS THEREFORE OR THE “ANIMAL FEEDS ACT OF 2014.”

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
(BAD.

Section 3. Definitions. For the Purpose of this Act, the following terms shall mean:

(A) ACCREDITATION- REFERS TO THE PRIVILEGE GRANTED BY THE DA 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 VETERINARY 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 IN MICRO QUANTITIES TO FULFILL SPECIFIC
NEEDS, WHICH INCLUDES, BUT NOT LIMITED TO, ACIDIFIERS,
ANTIOXIDANTS, AROMATICS, DEODORIZING AGENTS, FLAVOR
ENHANCERS, MOLD INHIBITORS, PELLET BINDERS, PRESERVATIVES,
SWEETENERS, TOXIN BINDERS.



(C)ADULTERATED FEED - REFERS TO A MIXED FEED, FEED INGREDIENT,
SUPPLEMENT, ADDITIVE, BASE MIX, CONCENTRATE, SPECIALTY FEED,
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 MAY REDUCE ITS QUALITY

{()] (D) Analyst ~ [means any official analyst] REFERS TO A PERSONNEL appointed
or designated [as such] by the Director [of Animal Industry for the purpose of
implementation of this Act] to conduct laboratory tests on feed and feed ingredient,

(E) 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, MILKFISH, TILAPIA, CARP, GROUPER,
POMPANO, SHRIMPS, PRAWN, ETC. OR FOR PLEASURE SUCH AS
TROPICAL FISHES LIKE GOLDFISH, SILVERFISH, DAMSEL FISH, KOI FISH,
ETC.

(F) 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 GY FORMS A COMPLETE FE

[f] (G) Brand — [means] refers to any distinctive mark or name applied to a feed or feed
ingredient [stuff].

(H) CHEMIST- RI 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 FEEDS, FEED INGREDIENTS, FEED
SUPPLEMENTS, FEED ADDITIVES, BASE MIXES, CONCENTRAI
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.

[()] (J) Concentrate- [shall apply to feedstuffs low in fiber and high in total digestible
nutrients] 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 game fowls, fighting cocks,
etc,

(K) CONDEMNATION- REFERS TO THE ACTION OF DECLARING FEED OR
PEED INGREDIENTS UNFIT FOR USE.

(L) DAMAGED 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 INJURIOUS, HARMFUL OR DETRIMENTAL TO THEIR
HEALTH.

[b] (M) Director- refers to the Director of the Bureau of Animal Industry.

(N) ENTITY- REFERS TO ANY PERSON, FIRM, CORPORATION OR
ASSOCIATION DESIRING TO ENGAGE IN THE MANUFACTURE OR
PRODUCTION OF COMMERCIAL AND NON-COMMERCIAL FEEDS.

(O) EXPIRED PRODUCT- REFERS TO A PRODUCT THAT HAS EXCEEDED ITS
EXPIRY DATE, AFTER WHICH, IT IS NO LONGER PERMISSIBLE TO
DISTRIBUTE, SELL OR USE.

[(d) “Feeds” or “Feeding Stuff" shall embrace all such articles to be used as feeds
purporting to supply proteins, carbohydrates, fats, mineral, vitamins, antibiotics,
growth promoting factors whether identified or unidentified, and/or correcting
nutritional disorders. Such articles may be locally produced or imported, mixed or in
the form of simple ingredients; Provided, however, that the following excluded:

(1) Whole seeds or grains, unmixed,

(2) Fresh green roughage and unprocessed liquid milk in all its forms.

(3) Dried and ground hays and straws, dried and ground corn stalks or other parts of
the corn plant not included in the grain, rice hulls, cane sugar bagasse, dried beet
pulp, oat hulls, barley hulls, clipped oat by-products, sorghum plant by-products
and flax plant by-products cotton seed hulls, mongo bean hulls, buckwheat hulls,
cocoa shells, or other materials of a similar character.]

(P) FEED- REFERS TO A COMBINATION OR MIXTURE OF FEED
INGREDIENTS, SUPPLEMENTS AND ADDITIVE CAPABLE OF
FURNISHING, IN PART OR IN WHOLE, THE NUTRITIONAL NEEDS OR
REQUIREMENTS OF THE ANIMAL IN ORDER TO MAINTAIN LIFE,
PROMOTE GROWTH, PRODUCTION AND REPRODUCTION.

(Q) 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 A NUTRITIONAL VALUE IN THE ANIMAL'S.
DIET. IT INCLUDES RAW MATERIAL IN THE FORMULATION OF A RATION
OR MIXED FEED, BASE MIX, CONCENTRATE, FEED SUPPLEMENT, FEED
ADDITIVE, SPECIALTY FEED AND/OR SPECIAL FEED NUTRIENT
PREPARATION. INGREDIENTS ARE OF PLANT, ANIMAL OR AQUATIC
ORIGIN, OR OTHER ORGANIC OR INORGANIC SUBSTANCES,

(8) INJURIOUS - REFERS TO ANY SUBSTANC
CAUSE PHYSICAL HARM TO ANIMALS.

OR ARTICLE THAT CAN

(1) ILLEGAL - REFERS TO ANY ARTICLE OR SUBSTANCE AND
ESTABLISHMENTS 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.

{() “Ingredients” means any single articles of feed or feeding stuff which enters into the
composition of a ration, concentrate, or supplement.)

{(@] (V) Inspeetor- [is] refers to any TRAINED person authorized to enforce the
provisions of the Act,

[@] (W) Label- refers to any written, printed or graphic matter attached [or], affixed to
OR FOUND IN any package, BAG, bale, SACK, BARREL, BIN, CAN, CANISTER
OR ANY OTHER CONTAINER OR MIXED FEEDS, FEED INGREDIENTS,
FEED SUPPLEMENTS, FEED ADDITIVES, BASE MIXES, CONCENTRATES,
SPECIALTY FEEDS, SPECIAL FEED NUTRIENT PREPARATIONS AND/ OR
OTHER FEED PRODUCTS [or bundle of feeds}.

[ec] (X) Livestock- means and include horses, cattle, carabaos, sheep, swine, rabbits,
poultry and such other animals or birds as the Secretary may, from time to time by
regulation, prescribe.

(Y) MISLABELED/ MISBRANDED- REFERS TO A PRODUCT FALSELY
LABELED AND IN VIOLATION OF STATUTORY AND REGULATORY
REQUIREMENTS.

[(m)] (Z) Mixture - means any combination of two or more feed ingredients used in the
manufacture of feeding stuff.


(AA) NON-COMMERCIAL FEEDS - REFER TO FEED OR FEED INGREDIENT
MANUFACTURED OR PRODUCED FOR THE PURPOSE OF USING IT FOR
OWN CONSUMPTION AND NOT INTENDED FOR SALE.

{() “Owner” is the person, firm, partnership, cooperative, association or corporation
applying for the required registration under this Act or any person or establishment
actually engaged in the manufacture, importation, distribution, and sale of livestock
and poultry feed.}

[(h)] (AB) Package- [means] refers to a sé bag barrel, box, bin, can, CANIS
any other {container] for feeds and/ or feed ingredients,

[G)] (AC) Regulations - mean rules prescribed under the authority of this Act,

{(0) “Roughages” shall include dried and ground hays and straws, dried and ground cor
stalks or other parts of the corn plant not included in the grain, dried beet pulp, oat
hulls, barley hulls, clipped oat by-products, sorghum plant by-products and flax plant
by-products, cotton seed hulls, buckwheat hulls, cocoa shells, grain screening or other
materials of a similar character. This shall not include “Adulterated Feed” or mixed
material that is proven injurious, damaged or of no food value or if any substance has
been added thereto thus increasing its bulk or weight or reducing its quality and
strength. For purposes of this Act a mixture of two or more mixed feeds of different
formulas or brand with intent to sell is also considered adulterated feed.]

[a] (AD) Seeretary- means the Secretary of the 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 [person, firm,
corporation or association] desiring to engage in the manufacture OR PRODUCTION OF
COMMERCIAL AND NON-COMMERCIAL FEEDS, for mixing of commercial and
non-commercial feeds,] importation, EXPORTATION, REPACKING, INDENTING,
{or] distribution AND SALE of feeds or [feeding stuffs} FEED INGREDIENTS shall first
be [registered in the office of the director] LICENSED BY THE Bureau of Animal
Industry.

[(b) Application for registration or annual renewal thereof, shall be made by the person,
partnership, cooperative, firm corporation, or 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.



Bach type or kind of feed or feedstuffs manufactured or imported shall be registered
separately.

(©) An application for registration shall be accompanied by a registration fee of five pesos
for each store registered by a person, firm, cooperative, partnership, corporation, or
association engaged in retailing commercial feeds or feeding stuffs, fifty pesos for
distributors, one hundred pesos for local feedstuffs suppliers with gross sales of one
hundred pesos or more, two hundred pesos for importers and/or indentors 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 or
feeding stuffs, annually, on or before the twenty first of January, or semi-annually, on 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 any time abandoned the registration fee shall not 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 (o a refund of the fee corresponding to
the unused period for 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 THEREAFTER.

SECTION 5. PROHIBITIONS.

(A) [Section 4 (d)] No feed[s] or [feeding stuffs] FEED INGREDIENT in the form of
complete mixture, concentrate, [ingredient] or supplement which have not been
registered with the [Director] BUREAU OF ANIMAL INDUSTRY, shall be
manufactured, imported, advertised, sold or offered for sale or held in possession for
sale in the Philippines.

(B) [Section 4 (¢)] No commercial feeds or [feeding stuffs]
be registered:

1) WITHOUT FIRST SECURING AN APPROVED BRAND NAME, WHEN
APPLICABLE, IDENTICAL, CONFUSING, OR INAPPROPRIATE BRAND
NAMES SHALL NOT BE ALLOWED. [1. If the brand thereof is identical or will
likely be confused, with another brand already applied to a registered feeding stuffs;]

INGREDIENTS shall


2) If the specific name of each and every ingredient of mixture, base or concentrates, and
supplement is not clearly stated; or

3) If the feeds or [feeding stuffs] FEED INGREDIENT do not conform to the provisions
of this Act

(©)[Section 4(f)] No change, MODIFICATION OR AMENDMENT in the brand AND
LABEL of a registered feed or {feeding stuff] FEED INGREDIENT shall be made
without [a written notification to] the approval of the Director or his duly authorized
representative.

SECTION 6. ADMINISTRATIVE REMEDIES.

{a) [Section 4 (g)] SUSPENSION OF REGISTRATION - The Director may suspend,
subject to the rules and regulations promulgated for the implementation of this Act, the
registration of any feed [and feeding stuff] or feed ingredients which [is] are found after
proper investigation to be not in conformity with the provisions of this Act. [in
registration, importation, manufacture, distribution, labeling, advertising for sale, unless
subsequent production is proven to be innocuous, harmless and in accordance with the
quality standard for the particular product set forth in the registration under this Act. Once
suspended a formal investigation should be conducted thereon by the Committee created
for this purpose pursuant to Section 5 of this Act. But the action of the Director of Animal
Industry may be appealed to the Secretary of Agriculture and Natural Resources.]

(b) RECALL/SEIZURE - [Section 4 (g)] ANY adulterated, damaged or injurious feed shall
be impounded and subsequent manufacture thereof prohibited by the Director [of Animal
Industry]: 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 [stuffs]
ingredients shall be immediately impounded and portion thereof [sold to the public be
retrieved by] 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 PRODUCT SHALL BE SEIZED AND CONFISCATED.

(d) [Section 4(h) That] 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, corn mills, flour mills,
cassava mills, fish mills, meat mill, ipi-ipil leaf mills and such other mills that
manufacture ingredients used in the compounding of feed or feeding stuff and to requi
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) A MEMBER FROM THE BUREAU OF FISHERIES AND AQUATIC
RESOURCES, MEMBER;

7) PHILIPPINE COLLEGE OF PRACTITIONERS, MEMBER

8) TWO (2) MEMBERS FROM STATE UNIVERSITIES AND COLLEGES WITH
EXPERTISE ON ANIMAL NUTRITION,

THE COMMITTEE SHALL, UPON REQUEST OR REFERRAL OF THE DIRECTOR,
CONDUCT STUDIES, EVALUATION AND FORMAL INVESTIGATION AND MAKE
(OMMENDATIONS ON 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 IN THE PERFORMANCE OF ITS MANDATE.

THE COMMITTEE SHALL MEET QUARTERLY OR AS OFTEN AS THE NEED
ARISES. THE COMMITTEE MEMBERS, INCLUDING THE TECHNICAL WORKING
GROUP AND SECRETARIAT SHALL BE ENTITLED TO RECEIVE NO OTHER
COMPENSATION EXCEPT FOR HONORARIA.

Section [5] 8. Labeling REQUIREMENTS. [Every package containing feed or feeding
stuff] EACH TYPE, BRAND AND KIND OF FEED AND FEED INGREDIENT shall [be
labeled as follows] 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 [6] 9. [There should be created in the manner authorized by law a separate division,
known as] The Animal FeedS, VETERINARY DRUGS AND BIOLOGICS Control Division
{in} of the Bureau of Animal Industry [and providing positions thereof, for the purpose of
implementing this Act in so far as registration, inspection, sample collection and field
investigation are concemed.] SHALL BE RESPONSIBLE FOR FEED REGULATION AND
PERFORM THE FOLLOWING FUNCTIONS:

(A)LICENSING
(B) REGISTRATION


(C) ACCREDITATION
(D)CERTIFICATION
(E) INSPECTION

(F) EVALUATION,
(G)SAMPLE COLLE(
(A) MONITORING
()) SURVEILLANCE

() FIELD INVESTIGATION

(K) COMPLAINT, 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 LEV

THE FEED LABORATORIES OF THE DEPARTMENT OF AGRICULTURE SHALL
LIKEWISE BE STRENGTHENED TO UPGRADE ITS FACILITIES AND EQUIPMENT
AND PROVIDING ADDITIONAL PLANTILLA POSITIONS FOR CHEMISTS
THEREOF.

[The sum of five hundred thousand pesos is hereby authorized to the appropriated, out of any
funds in the National Treasury not otherwise appropriated for the organization and operation
of the said division during its first fiscal year. Such sums as may be necessary for its
operation and maintenance in subsequent years shall be included in the annual “General
Appropriations Act.”]

Section [7] 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 feed ingredients are
sold, produced, processed, transported, or held in possession for sale or distribution [when he
has reasonable cause to believe any feed or feed [stuff] ingredient is being prepared or has
been prepared for sale] and may open any package containing or supposed to contain any
feed or feed [stuff] INGREDIENT, and take therefrom 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 [8] 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:

{(@) Prescribing the basis under which grains and their by-products may be elassified:)

(A)PRESCRIBING THE LABELING REQUIREMENTS OF FEEDS AND FEED
INGREDIENTS;


(B) PRESCRIBING THE QUALITY AND SAFETY STANDARDS OF FEEDS AND
FEED INGREDIENTS TO CONFORM WITH LOCAL AND INTERNATIONAL
STANDARDS;

(C) PRESCRIBING PROCEDURES AND REGULATIONS IN THE MANUFACTURE,
IMPORTATION, DISTRIBUTION AND/OR SALE OF MEDICATED FEEDS;

[(b)] (D) Providing for the prevention of false and/or misleading claims that may be made
for any FEED OR feed ingredients;

{(c) Prescribing the definition and uses of such terms as complete ration, concentrate,
supplement, and/or base as used in livestock nutrition, deficient, damaged,
adulterated, and injurious feeds to livestock and poultry and such other terms as may
be necessary in clarifying the intention of this Acts]

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

{(©)] (F) Prescribing methods for collection and APPROPRIATE [analysis of samples]

SAMPLING OF FEEDS AND FEED INGREDIENTS;

{()] (G) Requiring the services of AN ANIMAL NUTRITIONIST OR VETERINARIAN
AND licensed chemist [and veterinarian or animal nutritionist by] for manufacturers
of mixed feeds in connection with the FORMULATION, COMPOUNDING,
MIXING, analysis AND tests, formulation [, compounding and mixing] of feed and
{feeding stuff] FEED INGREDIENTS and to prescribe such other rules and
regulations as may be necessary to carry out the purpose of this Act;

[(@] (A) Prescribing methods of PHYSICAL, chemical, [and] biological AND
RADIOLOGICAL AND OTHER APPROPRIATE ANALYSIS! TESTS FOR
DETERMINING THE PURITY AND SAFETY OF FEEDS AND FEED
INGREDIENTS, and prescribing rules and regulations [for the supervision and
control of said testings; and] THEREOF;

{(h) Requiring the publication of the results of analysis and test of samples of feeds and
feedstuffs collected from feed ingredients suppliers and feed manufacturers; said
publication, at least three times in a calendar year preferably in January, May and
September, should specify both which are in compliance and not in compliance with
the guaranteed analysis or quality standard set forth under this Act or under the rules
and regulations promulgated thereunder.

(}) PRESCRIBING PROCEDURES FOR ADVERTISEMENT OF FEED AND FEED
INGREDIENT.

(J) REQUIRING ALL LOCALLY MANUFACTURED FEEDS TO BE COMPOSED
OF AT LEAST FIVE (5) PERCENT OF LOCAL FEED INGREDIENTS.

Section [9] 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[s][as provided in Section Four, Subsection (¢) of this
Act, there], AN INSPECTION FEE WHICH shall be [collected an inspection fee at the
rate of twenty centavos per metric ton of all complete mixed feeds, supplement, and/or
concentrates] DETERMINED AND APPROVED BY THE SECRETARY, SHALL BE
IMPOSED ON ALL LOCALLY MANUFACTURED AND IMPORTED FEEDS AND
FEED INGREDIENTS,

[(b) All fees, charges and other income derived from the operation of this Act, shall accrue to
the Philippine Livestock Promotion Fund as provided in Commonwealth Act Numbered
One Hundred and Eighteen, as amended, and shall be deposited with the National
Treasury to the credit of the said fund: Provided, however, that eighty percent of said
income shall be set aside and spent only for the maintenance and improvement of services
and laboratory facilities in the Bureau of Animal Industry needed in the implementation
of this Act, and for training and research directly relevant to the implementation of this
Act.

(©) Alll other expenditures necessary to carry out the purposes of this Act, including all
expenditures for the Advisory Committee created under Section 5 hereof, shall be paid
from the unalloted balance of the Philippines Livestock Promotion Fund created under
‘Commonwealth Act Numbered One Hundred and Eighteen, as amended]

(C)EXPENSES RELATED TO INSPECTION AND EVALUATION OF
ESTABLISHMENT FOR REGISTRATION AND LICENSING PURPOSES, SUCH AS
TRAVELLING, 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 A$ PROVIDED IN COMMONWEALTH
ACT NUMBERED ONE 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 U:
FOR THE MAINTENANCE AND IMPROVEMENT OF SERVICES, LABORATORY
FACILITIES AND SUPPLIES, CAPACITY BUILDING FOR PERSONNEL, TRAININGS
AND RESEARCH IN THE BUREAU OF ANIMAL INDU!
IMPLEMENTATION OF THIS ACT, AS WELL AS
HONORARIA FOR THE ANIMAL FEED CONTROL ADVISORY COMMITI

Section [10] 14. PROHIBITED ACTS [Offenses and P¢ enalties}. [(a)] It shall be unlawful

for any person, partnership, firm, cooperative, corporation or association TO COMMIT THE

FOLLOWING AC’

(a) to engage in the manufacture, importation, sale or distribution of feed or [feeding stuff]
FEED INGREDIENT, without having first registered in accordance with this Act in the
Office of the Director of the BUREAU OF Animal Industry.



(B)TO WILLFULLY OBSTRUCT, HINDER, RESIST OR IN ANY OTHER WAY
OPPOSE THE DISPOSITION OF FEEDS PLACED UNDER DETENTION;

(C)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; AND

[(b) Any firm, partnership, cooperative, corporation or association or its president/general

manager or any person which will] (D) TO unlawfully use a registration/ LOT/ BATCH

NUMBER;

(D)TO fraudulently lessen or adulterate the feeding value of any feed or [feeding stuff]
FEED INGREDIENTS;

(E)TO tamper with packaged feeds for fraudulent purposes, [willfully removed, alter or
effaced the prescribed tags, labels,] markings, or other information placed on packages of
feeds or [feeding stuff] FEED INGREDIENTS;

(F) TO fraudulently alter or use certificates of analysis of any official analyst; {willfully
obstruct, hinder, resist, or in any other way oppose 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;]

(G)[or otherwise violate] any [provision] VIOLATION of this Act, and the rules and
regulations issued thereunder; [,shall be punished by a fine of not less than one thousand
pesos or by imprisonment of not more than one year and one day, or by both, in the
discretion of the court aside from the fine imposed in the court.)

(H)REFUSAL TO ALLOW ENTRY OF INSPECTOR;

(D) UNREGISTERED FEED MANUFACTURER/IMPORT

(J) DIVERSION OF FEED INGREDIENTS FOR HUMAN CONSUMPTION;

(K)FALSIFICATION OF LICENSE TO OPERATE;

(L) DISPOSITION OF FEED INGREDIENT UNDER DETENTION/CUSTODY;

(M) VIOLATION OF SUSPENSION/CANCELLATION ORDER.

SECTION 15. PENALTIES.

FOR VIOLATION OF SECTION 14 A, B, C, D, H, 1 J, K, L, AND M, A PENALTY OF
IMPRISONMENT OF ONE (1) YEAR TO SIX (6) YEARS AND A FINE OF ONE
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
OFTRUSTEES AND MANAGING PARTNERS WHENEVER APPLICABLE.

IN ADDITION TO THE ABOVEMENTIONED PENALTIES ARE THE FOLLOWING
FINES AND SANCTIONS:


Registration (CFPR)

Violation Penalty Fines

| Unregistered Feed/ Feed Ingredient Suspension of License | P 500,000.00
a to Operate (LTO)

Falsified Certificate of Feed Product Suspension of LTO P 500,000.00

feed ingredient

Unauthorized use of Brand Name Suspension of LTO P 500,000.00
Misbranded Feed/ Feed Ingredient Suspension of LTO P 500,000.00
Distribution and sale of custom mixed feeds | Suspension of LTO P 500,000.00
in open market

Unlawful use of registration number ‘Suspension of LTO P 50,000.00
Production, Distribution and Sale of Suspension of LTO. P 500,000.00
Unlabeled Feed/Feed Ingredient

Importation of Unregistered Feed/Feed Suspension of LTO. P 1,000,000.00
Ingredient

Misleading False Advertising | Suspension of LTO P 500,000.00
Mixture of two or more feeds of different | Suspension of LTO P 500,000.00
formula or brand

Distribution, sale or use of expired feed and | Suspension of LTO P 1,000,000.00

Presence of antibiotic in feeds not registered
as medicated feed

Suspension of LTO

P 1,000,000.00

Ingredient

Substandard Feed/ Feed Ingredient Suspension of the CFPR | P 500,000.00
Adulterated Feed Ingredient Suspension of the CFPR | P 500,000.00
Mislabeled/ Unlabeled Feed/ Feed ‘Suspension of the CFPR | P 500, 000.00

‘Tampered packages! tags/Tabels
Falsified analysis results

Suspension of the CFPR
Cancellation of LTO.

P 500,000.00

Refusal to allow entry of Inspector

Revocation of LTO +
Criminal Prosecution

Violation of Suspension/Cancellation Order

Criminal Prosecution

(for mixed feed and feed ingredient (six (6) years
manufacturer) imprisonment)

Presence of Heavy Metals/Mycotoxin Seizure P500,000.00
beyond maximum level

Presence of Salmonella/E-Coli Seizure P1,000,000.00

Presence of prohibited/ banned drugs within | Cancellation of LTO | P1,000,000.00
the premises of establishments
| Non-display of Registration Certificate 50,000.00
Unregistered Feed Establishment — 50,000.00

P 500,000.00



(Guppliers/Retailers)

Other types of violation related to
suspension/ cancellation of registration and
licensing

Section [11] 16. REPEALING CLAUSE. All acts or parts thereof inconsistent with the
provisions of this Act are hereby repealed.

Section [12] 17. This Act shall take effect thirty days from the date of its approval.

Approved.