Meat and meat preparations
- Document symbol
- G/LIC/N/3/PHL/15/Rev.1
- Original language
- English
- Published on
- 21/02/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The NMIS as the sole national controlling authority on meat inspection is committed to protect the meat consuming public through sustained excellent and efficient meat inspection services by implementing appropriate and innovative technologies to ensure meat safety and quality.
The NMIS is mandated to accredit importers of meat to ensure compliance with the regulatory requirements.
The importer must secure license from the National Meat Inspection Service (NMIS) and apply for SPS Import Clearance from the Bureau of Animal Industry (BAI).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The coverage of this licensing system is HS 02 – Meat and meat preparations, except 02.10 – meat salted, smoked, or in brine.
Q3. The system applies to goods originating in and coming from which countries?
The NMIS requires accreditation of meat importers. Only licensed meat importers can bring in meat into the Philippines.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The license is required for reasons of public health and safety.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The requirement is covered by the following:
• Republic Act (R.A.) No. 9296, otherwise known as "The Meat Inspection Code of the Philippines", as amended by R.A. 10536.
• DA Administrative Order (DA AO) No. 16 Series of 2021 entitled "Licensing Procedures for Meat Importers, Revising the Department of Agriculture Administrative Order No. 09 Series of 2013 entitled "Supplemental Guideline to DA AO No. 26 Series of 2005, Section III: Accreditation Procedure for Meat Importers".
• NMIS Memorandum Circular (NMIS MC) No. 10-2021-035 entitled "Guidelines on the Implementation of the Online Submission of Documentary Requirements for Applications for a License to Import".
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
(Answerable by BAI – SPSIC Applications)
Q7.b. Can a licence be granted immediately on request?
(Answerable by BAI – SPSIC Applications)
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
(Answerable by BAI – SPSIC Applications)
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
(Answerable by BAI – SPSIC Applications)
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
In the event of denial or disapproval by the NMIS of an application for meat importer license, the applicant is informed of the reason for such disapproval and given the right instruction to comply.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Pursuant to DA AO No. 16 Series of 2021and NMIS MC 10-2021-035, all juridical persons, corporations and institutions, are eligible to apply for license as long as they meet the basic requirements/criteria laid down in the guidelines.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
The information required in applications includes:
(a) name and address of importer, business of importer, contact details.
(b) type of company, name and address of cold storage warehouse
(c) authorized contact person, type of ID presented
(d) classification of importer
What documents is the importer required to supply with the application?
The documents required to support the application are as follows:
(a) Mayor's Business Permit for the current year
(b) Certificate of Accreditation as Importer from BOC
(c) DTI Registration and bank certification of PHP 5,000,000.00 for Single Proprietor
(d) SEC Good Standing and SEC GIS with paid-up capital of PHP 5,000,000.00 for Corporation
(e) CDA Certificate of Compliance and CDA Paid-up Share Capital of PHP 5,000,000.00 for Cooperative
(f) SEC Good Standing and bank certification of PHP 5,000,000.00 for Partnership and One Person Corporation (OPC)
(g) BIR TIN Certificate of Registration
(h) Notarized leased of contract to cold storage warehouse
(i) License to Operate certificate of cold storage warehouse or chilling facility for imported chilled meat.
(j) Attendance certificate on meat importers’ orientation
(k) and additional requirements depending on the desired meat importer classification.
Forms are downloadable at the NMIS website
Upon importation, the documents required include:
(a) commercial invoice
(b) bill of lading
(c) approved SPS import clearance from the BAI
(d) formal customs entry
(e) valid meat importers’ license
Q11. What documents are required upon actual importation?
Sanitary and Phytosanitary Import Clearance (SPSIC) issued by the Bureau of Animal Industry (BAI)
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes
What is the amount of the fee or charge?
Below is the list of licensing fees or administrative charges imposed in the application of meat importers’ license:
(a) Accreditation Fee – PHP 15,000.00
(b) Mailing Fee – based on current market price
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issuance of licences.
Please refer to https://nmis.gov.ph for further information.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity of meat importer’s license is three years from the date of issuance and renewable every three years.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are registered under the name of the applicant-importer only and are non-transferable.