On 13 October 2025, the Philippine Department of Agriculture (DA) notified the World Trade Orgainzation (WTO) of a comprehensive draft Department Circular that overhauls
the country’s import regime for a broad range of agricultural and fishery commodities, animal
feeds, meat, live animals, select laboratory biologics, fertilizers,
pesticides, and other agricultural chemicals.
The proposed measure unifies permitting, border inspection,
transport, storage, testing, and disposal rules under a single instrument,
aligning procedures with Codex Alimentarius Commission, the World Organisation
for Animal Health (WOAH), and the International Plant Protection Convention (IPPC)
standards. Written comments may be submitted until 12 December 2025. The
regulation is expected to be adopted by December 2025 and take effect 15 days
after publication.
Scope and Policy Frame
The draft Circular applies to commodities classified under
HS headings 01–05, 06–15, 16, 23, 30.02/30.04 (specified laboratory samples),
31, 38 (including biopesticides), and 03 (fish and aquatic products). It
explicitly includes wood packaging under the International Standards for
Phytosanitary Measures (ISPM) No. 15, genetically modified (GM) plants/events
where applicable, and “goods referred to DA” that are suspected of harboring
regulated pests.
Its objectives include food safety, animal health, plant
protection, and protection of humans from animal/plant pests and diseases.
Article Structure and Roles
The draft spans preliminary provisions to final
clauses, detailing application, review, inspection at port and storage,
violations, sanctions, and disposal. Issuing authorities are designated as:
- Bureau of Plant Industry (BPI) - plants/plant
products
- Bureau of Animal Industry (BAI) - live animals,
animal products, feeds
- Bureau of Fisheries and Aquatic Resources (BFAR)
- fish/fishery products.
- Fertilizer and Pesticide Authority (FPA) - pesticides
and agricultural chemicals.
Coordination with other agencies such as the National Meat
Inspection Service (NMIS), Department of Environment and Natural Resources (DENR-CITES),
and Food and Drug Administration (FDA) is specified for mixed-jurisdiction
goods.
Operational Mechanics
Licensing and Declarations
An SPS Import Clearance (SPSIC): Required prior to loading
at origin. This sanitary and phytosanitary (SPS) clearance confirms that
imported goods comply with food safety, animal health, and plant protection
standards. It is non-transferable and valid for one shipment per clearance.
Applications are submitted electronically via the DA Trade System by
registered/licensed importers. The DA targets seven working days for processing.
Unacted applications are deemed approved, while incomplete filings are rejected.
For pesticides and agri-chemicals, the Certificate
Authorizing Importation (CAIP) is issued by the FPA to licensed handlers with
product registration, experimental-use permit (EUP), or a letter of no
objection. Unused CAIPs lapse after 60 days.
Timelines & “Must-Ship-Out-By” Controls
Each SPSIC stipulates a Must-Ship-Out-By (MSOB) date,
defining the shipment window from issuance:
- 30 days - live, fresh, or chilled fish
- 20 days - fresh fruit and vegetables
- 60–90 days - fertilizers, pesticides, feeds,
live animals, and animal products
- 180 days - seeds
Shipment must load on or after SPSIC issuance and on or before
the MSOB date. Unused SPSICs automatically expire once the MSOB lapses.
Risk-Based Border Management
- Pre-arrival:
Importers submit an e-Request for Inspection (e-RFI) at least 48 hours
before arrival.
- Port
inspection: Joint document and physical checks (DA Quarantine + BOC), with
risk-based escalation to laboratory testing. Shipments failing conditions
(e.g., no SPSIC, fake/expired SPSIC, contamination, misdeclaration, mixed
tariff goods) face hold, seizure, or refusal.
- Post-port
movement: Sealed consignments transfer only to DA-registered storage
facilities indicated in the e-RFI; seals may be broken only by DA officers
at destination.
Laboratory Testing and Enforcement
Laboratory testing (for contaminants, residues, heavy metals,
pathogens; consideration of pre-border verification) occurs at DA central or
DA-accredited labs, at importer cost; results are recorded in the DA Trade
System.
Non-compliant consignments are subject to seizure,
destruction, return to origin, third-country shipment, or donation (with strict
food-safety clearance). Public auction is prohibited for agri-fish commodities.
Appeals may be filed to the DA Secretary within 10 days.
Digital Administration and Data Integrity
The Circular formalizes the DA Trade System as the
back-office platform for SPSIC/e-RFI processing, tagging (e.g., “Used”,
“Confiscated”), inter-agency validation (e.g., against BOC’s Inward Foreign
Manifest), and audit trails supporting risk-based inspection and enforcement.
Alignment with International Standards
The WTO notification affirms conformance with Codex STAN
193-1995, WOAH Terrestrial/Aquatic Codes, and IPPC (e.g., ISPM 2, ISPM 15),
signaling harmonization of risk analysis, certification, inspection, and
treatment protocols for traded commodities.
Timeline and Outlook
- Comment
deadline: 12 December 2025 (WTO SPS Committee filing G/SPS/N/PHL/533).
- Adoption
target: December 2025
- Effectivity:
15 days after publication in the Official Gazette or a newspaper of
general circulation and filing with the UP Law Center’s Office of the National
Administrative Register (ONAR).
If adopted as notified, importers and brokers should prepare
for strict MSOB controls, mandatory e-RFI pre-arrival filings, seal-integrity
requirements, and expanded risk-based inspections backed by integrated DA–BOC
data checks. Pesticide handlers must ensure FPA licensing and product
registration/EUP alignment. Non-compliance will more quickly trigger confiscation/return
and no-auction disposition pathways.
Twitter
