EXECUTIVE ORDER NO. 137 November 28, 1993
PROVIDING FOR THE IMPLEMENTING RULES AND REGULATIONS GOVERNING THE DEVOLUTION OF CERTAIN POWERS AND FUNCTIONS OF THE NATIONAL MEAT INSPECTION COMMISSION TO THE LOCAL GOVERNMENT UNITS PURSUANT TO REPUBLIC ACT NO. 7160, OTHERWISE GOVERNMENT CODE OF 1991
WHEREAS, Section 17 of Republic Act No. 7160 provides for the establishment and operation of public slaughterhouses as one of the basic services and facilities to be undertaken by cities and municipalities;
WHEREAS, Section 447(a) (3) (vii) and (5) (ii), (iv) and similar paragraphs of Section 58 of Republic Act No. 7160 provided that the sangguniang bayan and sangguniang panlungsod shall enact ordinances that shall regulate the sale of meat, fish, vegetables, fruits, fresh dairy products, and other foodstuff for human consumption; establish or regulate the construction and operation of public markets, slaughterhouses or animal corrals; or grant a franchise to any person to establish and operate the same as may be allowed by existing laws; and to levy, assess, collect taxes, fees, and charges as may be necessary for these purposes;
WHEREAS, Section 489 (a) (2) (3) (i) (iii) of Republic Act No. 7160 provides that there shall be a local veterinarian in every province and city, and if a municipal government deems it necessary to appoint a municipal veterinarian, who shall advise the governor or the mayor, as the case may be, on all matters pertaining to the slaughter of animals and the regulation of slaughterhouses and other veterinary related services in the preparation and preservation of meat, milk and dairy products;
WHEREAS, Republic Act No. 7394, otherwise known as the Consumers Act of the Philippines, provides that the Department of Agriculture shall inspect and analyze consumer products related to agriculture to determine conformity to established quality and safety standards; and to levy, assess, collect, and retain fees as are necessary to cover the cost of inspection, certification, analysis, and test of samples of consumer products;
WHEREAS, the National Meat Inspection Commission (NMIC) of the Department of Agriculture, created under Presidential Decree No. 7 and Letter of Instruction No. 16, is responsible for promulgating specific policies and procedures governing the flow of livestock and livestock products through various stages of marketing and the proper preservation and inspection of such products;
WHEREAS, there is a need to harmonize the various provisions of the Local Government Code of 1991 and the Consumers Act of the Philippines, including the role of the National Meat Inspection Commission in the establishment, operation, and regulation of slaughterhouses, livestock, and meat inspection, and the imposition and collection of fees and other charges rendered thereon;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, and upon recommendation of the Oversight Committee created under Section 533 of Republic Act No. 7160, do hereby order:
Sec. 1. Construction, Improvement, Expansion, and Operation of Slaugtherhouses. - To prevent wastage in terms of time and valuable logistics and to maintain a uniform, high standard of sanitation in the operation and maintenance of slaughterhouses, the NWIC and the LGUs concerned shall perform the following:
(a) The city or municipality:
(1) shall, by ordinance, establish and operate a public slaughterhouse. In the construction, improvement, and expansion of such establishment, the city or municipality shall conform to applicable local and national policies, standards, and guidelines. For this purpose, the concerned local government unit may seek the assistance of the NMIC and other government agencies;
(2) shall, upon approval by a majority vote of all the members of the sangguniang panlungsod or sangguniang bayan, grant a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate, and maintain slaughterhouses as may be allowed by applicable laws, provided that cooperatives shall be given preference in the grant of such a franchise;
(3) shall, by ordinance, sell, lease encumber, or otherwise dispose of its slaughterhouse to ensure active participation of the private sector in local governance; and
(4) shall authorize the establishment and operations of private slaughterhouses, whether for public use or exclusively as part of meat processing complex;
(b) The province shall:
(1) ensure that the establishment and operation of the slaughterhouses of its component cities and municipalities are in accordance with the policies, standards, and guidelines set by the national and provincial governments;
(2) provide technical supervision and may give financial assistance in the establishment and operation of slaughterhouses owned by its component cities and municipalities; and
(3) review the ordinances of component cities and municipalities on matters relating to the establishment and operation of slaughterhouses and the granting of franchise thereof, including the imposition of taxes, fees and charges;
(c) The NMIC shall:
(1) formulate national policies, guidelines, rules and regulations governing the establishment and operations of slaughterhouses; and
(2) exercise technical supervision over the establishment and operations of slaughterhouses with authority to recommend sanctions and closure to local chief executives for those that do not comply or meet the requirements and standards set thereof;
Sec. 2. Classification and Accreditation of Slaughterhouses. - The NMIC shall, based on established standards for production, plans, designs, and specifications, classify and accredit slaughterhouses in accordance with the following:
"AAA" Those with facilities and operational procedures appropriate to slaughter livestock and fowls for sale in any market, domestic or international.
"AA" Those with facilities and operational procedures sufficiently adequate that the livestock and fowls slaughtered therein are suitable for sale in any market domestic or international.
"A" Those with facilities and procedures of minimum adequacy that the livestock and fowls slaughtered therein are suitable for distribution and sale only within the city or municipality where the slaughterhouse is located.
Sec. 3. Meat Inspection - All livestock and fowls slaughtered for food and their meat products shall be subject to veterinary inspection and examination before distribution and sale. To effectively implement meat inspection, the NMIC and the LGU concerned shall perform the following:
(a) The NMIC shall:
(1) formulate national policies, guidelines, rules and regulations, quality and safety standards governing marketing, marketing preservation, and inspection of meat and meat products;
(2) formulate and implement rules and regulations governing the import and export of meat and meat products;
(3) exercise technical supervision over local meat inspectors in class "AAA" slaughterhouses and, in "AA" when there is regular distribution of meat outside of the province or of the independent city;
(4) in coordination with the LGU, provide direct technical supervision over operation of class "AAA" slaughterhouse and in class "AA" in case of preceding paragraph;
(5) certify the fitness for human consumption of meat and meat products intended for export and for distribution outside of the province or of the independent city; and
(6) provide laboratory support to the meat industry .
(b) The Provincial Government, thru its provincial veterinarian, shall:
(1) regulate the flow of meat and meat products within the provincial jurisdiction in accordance with national policies, guidelines and standards;
(2) exercise technical supervision over meat inspection work and operation in class "AA" slaughterhouses in the component city or municipality when there is regular meat distribution outside the local area but within the province. However, the function may be vested to the NMIC alone in case meat distribution extends beyond the province; and
(3) certify the fitness for human consumption of meat and meat products in case of the preceding paragraph.
(c) The City or Municipality shall:
(1) regulate the preparation and sale of meat for human consumption based on national policies, guidelines, and standards within their territorial jurisdiction;
(2) directly supervise the operation in Class "A" slaughterhouses and, in class "AA", when meat distribution is limited within the locality only;
(3) conduct meat inspection in all classes of slaughterhouses; and
(4) certify the fitness for human consumption of meat and meat products intended for distribution within the locality only.
Sec. 4. Meat Transport and Post Abattoir Control -
(a) Only transport vehicles accredited by the city veterinarian shall be used to deliver meat/meat products within the city; by the municipal veterinarian, and if none, by the provincial veterinarian, when transporting the same within the municipality; by the provincial veterinarian when transporting from one city or municipality to other localities within a province; and, by the NMIC when the destination is outside the province.
(b) The meat to be suitable for transport must be from livestock or fowl dressed in an accredited slaughterhouse and have been subjected to ante and post mortem inspection, and certified and marked 'INSPECTED' and 'PASSED' for food by the controlling authority prescribed in the preceding section.
(c) Post-abattoir control operation shall be exercised by the concerned LGU/NGA. A task force, composed of one or more concerned local government units may be organized and headed by a higher local government unit to strengthen the capability of checking illegal slaughtering and meat distribution.
(d) Any additional post-mortem inspection and examination, when deemed necessary, shall be conducted either by the city, provincial or NMIC veterinarian, as the case may be.
(e) Licensing and registration of butchers, meat vendors, meat dealers, and meat stalls/shops is to be exercised by the city or municipality.
(f) The NMIC, together with the LGU concerned, shall control movement of meat and meat products from priority reportable diseases endemic areas to free zones in the country. Meat and meat products from such areas shall not be allowed to enter free zones in support of the Livestock Priority Diseases Eradication Program of the Philippines and its commitment to the international animal health program.
Sec. 5. Monitoring and Evaluation. - The NMIC, in coordination with the LGU concerned, shall monitor, conduct field inspection, and require those involved in slaughterhouse operation to submit periodic and special reports to the NMIC.
Sec. 6. Training and information. - (a) The NMIC shall design a training program on slaughterhouse operation and shall be responsible for training local personnel involved in slaughterhouse regulations and operations. It shall also provide the means whereby the local government units, slaughterhouse operators and workers, and those engaged in livestock propagation and meat preparation have access to information about slaughterhouse management, facilities, LGU's regulations and impositions, and including the supply and demand of meat products here and abroad.
(b) No person may be employed in livestock and meat inspection without undergoing training and accreditation of the NMIC.
(c) No person shall be allowed to work inside the slaughterhouse without proper training and license.
Sec. 7. Fees and Charges. - (a) The LGU concerned, thru an appropriate ordinance, may impose fees and charges related to meat inspection in accordance with the rules and regulations of the LG Code.
(b) The twenty five (25) per cent of the veterinary inspection fees (ante and post mortem) collected by the city and municipalities in Class "AAA" shall be shared and remitted by the city or municipal treasurer to the NMIC on a quarterly basis but not beyond five (5) days after the end of each quarter. As in the case of Class "AA", the same shall accrue to whoever is directly supervising the inspection service as mentioned in Section 3 of this Order.
Sec. 8. Effectivity. - This Order shall take effect fifteen (15) days after publication in a national newspaper of general circulation.
DONE in the City of Manila, this 28th day of November in the year of Our Lord, nineteen hundred and ninety-three.
The Lawphil Project - Arellano Law Foundation
