Experts' Review Agriculture and Fisheries Modernization Act (AFMA)

Experts’ Review
Agriculture and Fisheries Modernization Act (AFMA)
Product Standardization and Consumer Safety
FINAL REPORT
Submitted to:
Congressional Oversight Committee

on Agricultural and Fisheries Modernization
and
National Agricultural and Fishery Council
Submitted through:
Center for Research and Communication Foundation, Inc.
By
Lydia O. Martinez
15 May 2007
AFMA REVIEW: PRODUCT STANDARDIZATION AND CONSUMER SAFETY
2
Contents
Page
EXECUTIVE SUMMARY 8
I. SITUATIONAL ANALYSIS 13
I.A The Philippine Agriculture and Food Quality and Safety
System 13
I.B AFMA Goal and Objectives 27
I.C The Implementing Rules, Targets and Current Status
28
I.C.1 BAFPS Establishment, Organization and
Management, and Operationalization 44
I.C.2 BAFPS Powers and Functions 47
II. FINDINGS / ANALYSIS 54

II.A AFMA PSCS and The Philippine Agriculture and Fishery
Safety and Quality System 54
II.B AFMA PSCS and Its Implementation 57
II.C Stakeholders Views on AFMA PSCS 58
II.C.1 Regional Workshops 58
II.C.2 Survey of Producers’ Groups 65
II.D Important Issues and Global Development in Food Supply,
Quality Control and Consumer Protection 70
III. RECOMMENDATIONS 76
III.A Agriculture and Fisheries Safety Authority 77
III. A.1 Agriculture and Fisheries Safety Authority 77
III.A.2 BAPS, Other DA Agencies and Other
Agencies 80
III.A.3 Laboratory Service 82
III.A.4 Funding Under the “Extended AFMA” 84
III.B Review of Current Donor-Funded DA Projects and Other
AFMA-Related Laws 85
REFERENCES 86
3
Figure
Page
Figure 1 Sample Philippine Agriculture and Fisheries Safety Agency

80
Organizational Structure
Tables
Page
Table 1 Functions of Agencies Mandated by AFMA and Other

Related Laws 14
Table 2 Product Standardization and Consumer Safety Services:
Mandate and functions of the Philippine Government
Agencies 18
Table 3 Department of Agriculture Agencies and Their
Responsibilities 29
Table 4 AFMA IRR (DA AO 6, S1998) Stipulations, DA AO No. 17,
S1998 Authorization and DA and BAFPS Activities To
Meet Requirements of the AFMA IRR and AO No. 17 55
Table 5 Stakeholders’ Assessment of AFMA Product
Standardization and Consumer Safety: General Impact 59
Standardization and Consumer Safety: Budget Allocation 62
Standardization and Consumer Safety: Implementation 63
Table 8 Stakeholders' Assessment of AFMA Product 64
Standardization and Consumer Safety: Priority Focus for
Intervention and Proposed Budget Allocation
Table 9A Survey of Producers’ Associations: Satisfaction with 66
Product Standards, Quality and Safety
Tables
4
Page
Table 9B Survey of Producers’ Associations: Awareness of the 66

Existence of BAFPS
Table 9C Survey of Producers’ Associations: Awareness of BAFPS

Functions and Target Accomplishments 67
Table 9D Survey of Producers’ Associations: Awareness of the
Standards Formulated by BAFPS and other Government
Agencies 68
Table 9E Survey of Producers’ Associations: Awareness of
Standards Being Enforced by BAFPS and Other
Government Agencies 68
Table 10A Survey of Producers' Associations: Specific product
standards 69
Table 10B Survey of Producers' Associations: Specific product
standards 70
Table 10C Survey of Producers' Associations: Specific product
standards 70
Text Boxes
Page
AFMA Chapter 7 28
AFMA IRR Definition of “Fresh agriculture and fishery products”,
48
“Primary Processing”, and Secondary Processing”
Philippine National Codex Committee 52
Considerations of Food Safety 71
Food Legislation 72
The Responsibilities of the Inspection Service 73
Risk Analysis Components 74
National Reference Laboratories – Their Functions 83
Acronyms
5
ACCSQ ASEAN Consultative Committee for Standards and Quality

AFMA Agriculture and Fisheries Modernization Act
AFSA Agriculture and Fisheries Safety Agency
AMAS Agriculture Marketing Assistance Service
AO Administrative Order
APEC-SCSC Asia Pacific Economic Cooperation, Sub-Committee on
Standards and Conformance
BAI Bureau of Animal Industry
BAR Bureau of Agricultural Research
BFAD Bureau of Food and Drugs
BAFPS Bureau of Agriculture and Fisheries Product Standards
BFAR Bureau of Fisheries and Aquatic Resources
BPI Bureau of Plant Industry
BPRE Bureau of Postharvest Research and Extension
BPS Bureau of Product Standards
CAC Codex Alimentarius Commission
CCP Codex Contact Point
CLS Central Laboratory Service
COCAFM Congressional Oversight Committee on Agricultural and Fisheries
Modernization
CODA Cotton Development Authority
Codex Codex Alimentarius
DA Department of Agriculture
DA-PAS Department of Agriculture - Policy Analysis Service
DBM Department of Budget and Management
DFIMP Diversified Farm Income and Market Development Project
DOH Department of Health
DOST Department of Science and Technology
DTI Department of Trade and Industry
DTI-BPS DTI-Bureau of Product Standards
EO Executive Order
FAO Food and Agriculture Organization
FARMCs Fisheries and Aquatic Resource Management Councils
FIQS Fisheries Inspection and Quarantine Service
FIDA Fiber Industry Development Authority
FNRI Food and Nutrition Research Institute
Acronyms
6
FPA Fertilizer and Pesticide Authority

GMO Genetically Modified Organisms
HACCP Hazard Analysis Control Control Point
IGAB Improving Governance in Agriculture Bureaucracy
IPPC International Plant Protection Convention
IRR Implementing Rules and Regulations
IRS Inspection and Regulation Service
ISO International Standards Organization
ITDI Industrial Technology Development Institute
JDAO Joint Department Administrative Order
LGUs Local Government Units
LDC Livestock Development Council
LS Laboratory Service
MOA Memorandum of Agreement
MRLs Minimum Residue Levels
NFARMCs National Fisheries and Aquatic Resources Management Councils
NCC National Codex Committee
NIN National Information Network
NFA National Food Authority
NMIS National Meat Inspection Service
NNC National Nutrition Council
NRL National Reference Laboratory
NSDP National Seed Development Program
NTA National Tobacco Administration
PAS Policy Analysis Service
PCA Philippine Coconut Authority
PFDA Philippine Fish Development Authority
PNS Philippine National Standard
PQS Product Quality System
PSCS Product Standardization and Consumer Safety
RA 3720 Republic Act, Food, Drug, and Cosmetic Act of 1963
RA 4109 Republic Act, Standardization Law of the Philippines
RA 7190 Republic Act, Local Government Code
RA 7394 Republic Act, Consumer Act of the Philippines
RA 7607 Magna Carta for Small Farmers
Acronyms
7
SPS Sanitary and Phytosanitary Standards

SPUCs State and Private Universities and Colleges
SRA Sugar Regulatory Authority
SUCs State Universities and Colleges
WHO World Health Organization
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Executive Summary
AFMA Product Standardization and Consumer Safety Component
1. The goal of AFMA is to modernize the agriculture and fisheries sectors of the
country in order to enhance their profitability, and prepare said sectors for the
challenges of globalization. Among the strategies to accomplish this goal is the
appropriation of funds for critical production and marketing support services, including
Product Standardization and Consumer Safety (PSCS) service. The vision of
AFMA is “that all sectors involved in the production, processing, distribution and
marketing of foods, and non-food agricultural and fisheries products shall adhere to,
and implement the use of product standards in order to ensure consumer safety and
promote the competitiveness of agriculture and fisheries products”.
2. Title I, Chapter 7, Sections 60-64 of the AFMA mandated the Department of

Agriculture (DA) to establish the BAFPS to set and implement standards for fresh,
primary- and secondary-processed agricultural and fishery products. Specifically, the
powers and functions of BAFPS are: (a) formulate and enforce standards of quality in
the processing, preservation, packaging, labeling, importation, exportation,
distribution, and advertising of agricultural and fisheries products; (b) conduct
research on product standardization, alignment of the local standards with
international standards; and (c) conduct regular inspection of processing plants,
storage facilities, abattoirs, as well as public and private markets in order to ensure
freshness, safety and quality of products.
The State of the Philippine Agriculture and Fisheries Safety and Quality System
3. The Philippine agriculture and fisheries safety and quality system is

characterized by numerous government units that have overlapping and
uncoordinated standards formulation and enforcement functions. There are gaps
despite the overlaps. The system is generally inefficient and reactive. It appears to
prioritize food export issues. The agriculture and food standards formulation and
enforcement functions are shared by the Department of Agriculture (DA), the
Department of Health (DOH), the Department of Trade and Industry (DTI) and LGUs.
The AFMA PSCS and BAFPS and Its Status
4. The AFMA-prescribed creation of BAFPS with the promise of substantial

funding in addition to the DA regular budget did not help improve the agri-fisheries
safety and quality system or provide adequate support for its efficient operation. The
creation of BAFPS was an attempt to integrate the agriculture and fisheries safety
and quality control functions into one organization, the BAFPS. The authors of AFMA
recognized the overlaps of the powers and functions of BAFPS with those of other DA
agencies as well as non-DA agencies, hence the requirement for BAFPS to
coordinate, collaborate, and delineate product coverage and aspects of standards
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development and enforcement functions with concerned agencies. This was a very
tall order for a brand new Bureau, with no staff, no budget, no capability and no track
record.
5. The creation of BAFPS fostered a divide especially among the DA standards

and regulatory agencies. BAFPS was perceived as a threat to the other agencies
especially because the specific product coverage and functions with regard to
standards formulation and enforcement or regulation were not provided. In fact the
IRR even made it more tenuous when it elaborated on the functions that were clearly
within the purview of the other agencies. AFMA’s prescription was like
“superimposing” BAFPS in the existing agriculture and fisheries quality and safety
system in the DA and in other agencies.
6. To make matters worse, BAFPS was never appropriated a budget since 1998.
BAFPS was added to the already long list of unfunded government agriculture and
fisheries quality and safety agencies. Within the 7 years of the life of AFMA, BAFPS
was never really operationalized. As of the end of 2005, BAFPS had 11 personnel, of
which only one with permanent position (the Director). The others are either
contractual employees or staff seconded from other DA agencies. Until mid-2006,
BAFPS was severely handicapped with a small office space and with limited office
furniture. Its operations practically depended on funding from the DA rice, corn, high
value, and livestock programs. Despite the obstacles, BAFPS managed to complete
the formulation of 39 product standards (29 of which have been adopted as Philippine
National Standards), and the “Code of Hygienic Practice for the Sale of Fresh
Agriculture and Fisheries Products in Markets and Authorized Outlets” and
“Guidelines for the Certification of Good Agricultural Practices for Fruits and
Vegetables Farming”.
Stakeholders’ Views on BAFPS
7. As of the mid-2006 or 9 years after the AFMA was passed, the PSCS
Component has not accomplished its objective of ensuring consumer safety and
promoting the competitiveness of agriculture and fisheries products.
8. Stakeholders’ views gathered during the Regional AFMA Review Workshops

showed that the PSCS has moderate impact on the commodity industries, namely,
abaca and coconut, corn, grains, rice, fisheries and aquaculture, high value
commercial crops, and livestock and poultry. Almost all the regions agreed that
PSCS had inadequate budget for all eight commodity groups. Five out of the eight
commodity groupings across all regions agreed that the PSCS implementation was
poor, but special appreciation was given to the more recent activities on mycotoxin
consultations and training, and red tide monitoring that is quite well-known. Priority
focus for intervention include: fast track standards formulation, enforcement of
standards and regulations, promotion of the use of standards, information and
training for all supply chain participants and provision of accessible laboratory testing
facilities. There was also a call for the review of the mandate of BAFPS, the
operationalization of BAFPS, including at the local level, and the activation of the
LGUs in the inspection system. The proposed budget allocation for PSCS is 6%.
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9. A survey of producers groups selected from among the AFMA regional

workshop participants was conducted to determine their awareness of the PSCS
components and BAFPS and its mandate. In all regions, less than a third of the
respondents are satisfied with PSCS. More than half of the respondents did not know
that BAFPS exists. Awareness of BAFPS was highest among the respondents from
Region 4B. Of those who were aware of BAFPS, only a little more than half of the
respondents were aware of the functions and target accomplishments. Less than
one-tenth of the respondents knew of standards done by BAFPS and other
government agencies. There were fewer respondents who were aware of the
standards enforced.
10. The current responsibilities or mandate of BAFPS are not realistic and not
achievable. The mechanism for the implementation of BAFPS mandate is
unworkable. BAFPS should not perform a policy function (i.e., formulation of
standards) and an implementation function (i.e., enforcement of standards) at the
same time. Policy should be separate from implementation in accordance with the
requirements of current international best practice.
Proposed Amendments to AFMA
11. AFMA Chapter 7, Product Standardization and Consumer Safety, should be

amended to strengthen the agriculture and fisheries product control, promote uniform
application of consumer protection measures, more timely action to protect
consumers and more cost efficient and effective use of resources and expertise. The
AFMA IRR and related AOs will have to be amended as well. The proposed
amendments are:
a. Establish the Agriculture and Fisheries Safety Authority (AFSA);

b. Modify the organization, powers and functions of BAFPS, and the
regulatory agencies, i.e., BPI, BAI, NMIS, BFAR, FIDA, CODA, PCA, SRA,
NTA, NFA and FPA.
c. Establish a Laboratory Service (LS) and a National Reference Laboratory
(NRL) that conform to international standards and the world’s best
practice.
d. Allocate budget for institutional and physical strengthening of the
agriculture and fisheries quality and safety control system; including multi-
year funding for infrastructure and facilities development and research.
e. Authorize collection of fees for services and retention of agency collections
for specific and agreed upon uses.
12. The first proposed amendment to Chapter 7, Product Standardization and

Consumer Safety, of AFMA is to provide for the establishment of the Agriculture
and Fisheries Safety Authority (AFSA). AFSA shall integrate the agriculture and
fisheries safety and quality system to achieve effective collaboration and coordination
among the different agencies of DA, DOH, DTI and LGUs. The roles, organizational
11
components and activities shall be based on a typical food control agency provided in
the FAO/WHO Guidelines. A proposed structure reflects the principal functions or
key areas of responsibility.
13. This second proposed amendment concerns the function and organization
of BAFPS. BAFPS should be made the sole standards formulation agency of
government in the agriculture and fisheries sector. BAFPS will formulate new
standards, and review and update existing standards to harmonize them with
international standards. The coverage of BAFPS function shall include: (a) product
standards for fresh and secondary processed products, both food and non-food; (b)
guidelines and codes of practices; and (c) standards of hygiene. It should prioritize
mandatory standards over voluntary standards in its work program. It will set
priorities for research needs related to standards formulation. Standards formulation
should be carried out in close coordination with BFAD-DOH. Likewise, BPS-DTI role
should be recognized and followed. On the other hand, roles of the DA enforcement
agencies from those of the Bureau of Customs should be differentiated.
.
14. The third proposed amendment is the establishment of a Laboratory Service
at the same level as BAFPS and the Inspection and Regulatory Service. The LS will
be the new management structure for all laboratories (more aptly referred to as
“service laboratories”) and a National Reference Laboratory (NRL) that is yet to be
established. The organization and configuration of the service must be determined
and carefully decided.
15. DA agencies which currently perform standards development function should

be stripped of this power. All DA regulation and enforcement functions that are
currently under BPI, BAI, NMIS, BFAR, FPA, NFA, PCA, SRA, NTA, and CODA
should be consolidated under an Inspection and Regulation Service (IRS). The
function would include product quality and safety, and plant and animal health
inspection and regulation. The role of the LGUs in enforcement should be clarified to
avoid confusion that leads to conflict as well as gaps.
16. BAFPS should continue to act as Codex Contact Point (CCP). It should also
be host and Secretariat to the National Codex Committee (NCC), the SPS Enquiry
and Notification Point.
17. Market development and market promotion activities fall under the purview of
and should be turned over by the regulatory agencies to AMAS. For most regulatory
agencies, product research and development could be performed by government
research or academic institutions. These activities are usually funded with resources
from commodity programs or BAR anyway. They also compete for resources within
the agency.
18. The fourth amendment is the establishment of a Central Laboratory Service

(CLS) to address the critical issues of the state, utilization, performance, staffing and
funding of all laboratories that are so important to standards formulation and
regulation. The AFSA shall have overall supervision of the CLS, but BAFPS shall
have specific auditing role consistent with the mission and functions of the AFSA.
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19. For the fifth amendment, the “extended AFMA” funding should make
specific provisions for multi-year funding for infrastructure, facilities and
equipment; research for standards setting; and research related to agriculture
and fisheries safety issues.
20. To address the eternal funding constraints, some services could be shifted to
a “user fee” system which simply means user pays for services, for example,
inspection for certification/accreditation/permits, and laboratory services. The fifth
revision should authorize all concerned agencies to retain all fees collected by
the agency to be used to sustain operation instead of being turned over to the
Bureau of Treasury.
Review of AFMA – Related Laws and Current Donor Projects
21. The review and amendment of AFMA is the best time to conduct a
comprehensive review of the Philippine agriculture and fishery safety system,
especially if the policy makers choose to adopt an integrated system to minimize
duplication and eliminate the gaps and enhance efficiency as recommended in this
report.
22. DA and COCAFM should revisit the on-going projects to review the relevance
and consistency of the current efforts under those projects with the Agriculture and
Fishery Control objectives under the proposed AFMA amendment. DA should ensure
that the projects are aligned with the objective of strengthening of the agriculture and
fishery control system to protect the Filipino consumer as well as consumers of the
Philippine export products equally and promotes the competitiveness of Philippine
products in the domestic as well as foreign markets.
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I. SITUATIONAL ANALYSIS
I.A The Philippine Agriculture and Fisheries Quality and Safety System
1. The agriculture and food standards formulation and enforcement functions are
shared by the Department of Agriculture (DA), the Department of Health (DOH), the
Department of Trade and Industry (DTI) and the local government units (LGUs). The
powers, roles and responsibilities of these agencies are defined by at least six laws
that directly relate to AFMA, including:
(a) Standardization Law of the Philippines of 1964;

(b) Food, Drugs and Devices, and Cosmetics Act of 1963, as amended by
Executive Order 175, Series of 1987,
(c) Local Government Code of 1991;
(d) Consumer Welfare Act of 1998;
(e) Fisheries Code of 1998, and
(f) Executive Order 338 of 2001.
The Standardization Law of the Philippines
2. The Standardization Law of the Philippines (Republic Act 4109) enacted in

1964 established the Bureau of Product Standards (BPS) under the Department of
Trade and Industry (DTI) (then the Department of Commerce) as the National
Standards Body (NSB) of the Philippines. BPS supports industry and protects
consumers' welfare through: development and promulgation of standards, product
testing and certification; accreditation of competence and capability of testing and
calibration laboratories; accreditation of management system of certification bodies;
national registration scheme for quality assessors; international cooperation on
standards and conformance; and training programs on international standards,
product certification and other standardization activities.
3. Primarily, the BPS undertakes the development, promulgations and promotion

of Philippine National Standards (PNS) to ensure the Philippine consumers will get
the value of their money. BPS provides services to the public and provide necessary
technical infrastructure to make Philippine companies more competitive. BPS in
involved in the development and application of national, regional and international
standards, of which many are developed in partnership with technical committees and
working groups. As Philippine representative in the International Organization for
Standardization (ISO), BPS ensures that Philippines' voice is heard, worldwide.
14
Table 1
Functions of Agencies Mandated by AFMA and Other Related Laws
Functions
Laws Standards Development & Technical Services & Industry Compliance &
Promotion Research Consumer Protection
Agriculture & Fisheries RA 8435 BAFPS with: BAFPS with: BAFPS with:
Modernization Act (AFMA)  BAI, BFAR, BPI, BPRE,  BAI, BFAR, BPI,  BAI, BFAR, BPI, BPRE,
of 1997 CODA, FIDA, FPA, NMIS, BPRE, CODA, FIDA, CODA, FIDA, FPA,
NTA, PCA, PFDA, SRA, and FPA, NMIS, NTA, NMIS, NTA, PCA,
AMAS, AMAS, BAR, & PAS; PCA, PFDA, SRA & PFDA & SRA
 DOH - BFAD & NNC BAR  DOH - BFAD & NNC
 DOST - ITDI  DOH - BFAD & NNC
 DTI – BPS  DOST – ITDI
Fisheries Code of 1998 RA 8550 BFAR, BFAR-FIQS, PFDA BFAR, PFDA BFAR, BFAR-FIQS, PFDA
LGUs
Consumer Act of the RA 7394 DOH-BFAD DOH-BFAD DOH-BFAD
Philippines of 1991 DA DA DA
DTI DTI DTI
Magna Carta for Small RA 7607 BPI BPI BPI
Farmers of 1991
Local Government Code RA 7190 LGUs LGUs LGUs
of 1990
Food, Drug and Cosmetic RA 3720, EO DOH-BFAD DOH-BFAD DOH-BFAD
Act of 1963 As Amended 175 S 1987
by EO 175 of 1987
Phil. Standardization Law RA 4109 DTI-BPS DTI-BPS DTI-BPS
Other Enactments NFA-FDC NFA-FDC DOST-ITDI
DOST-ITDI DOST-ITDI
Food, Drug and Cosmetic Act of 1963 (RA 3720) As Amended by Executive
Order 175 of 1987
4. The Bureau of Food and Drugs was given the authority administer and
enforce the laws regarding the safety and purity of foods and cosmetics, and the
purity, safety, efficacy and quality of drugs and devices being made available to the
public. In the implementation of the law, the Department of Health (DOH) was tasked
to: (a) establish standards and quality measures for foods, drugs and devices and
cosmetics; (b) adopt measures to ensure pure and safety supply of foods and
cosmetics, and pure, safe, efficacious and good quality drugs and devices in the
country; (c) adopt measures to ensure the rational use of drugs and devices, such as,
but not limited to, banning, recalling or withdrawing from the market drugs and
devices which are not registered, unsafe, inefficacious or of doubtful therapeutic
value, the adoption of an official National Drug Formulary, and the use of generic
names in the labeling of drugs; and (d) strengthen the Bureau of Food and Drugs.
5. The Commissioner of Customs in Manila or the Regional Food and Drugs

Supervisor is required to cause the delivery to BFAD samples taken at random from
every incoming shipment of food, drugs, devices and cosmetics which are being
imported or offered for import to the Philippine giving notice to the owner or
consignee.
Consumer Act of the Philippines of 1991 (RA 7394)
6. The Consumer Act of the Philippines (RA 7394) was enacted to protect the
interest of the consumer, promote his general welfare and to establish standards of
conduct for business and industry. The law mandates the government:
(a) to develop and provide safety and quality standards for consumer
products, including performance or use-oriented standards codes of
practice and methods of tests;
(b) to assist the consumer in evaluating the quality, including safety,
performance and comparative utility of consumer products;
(c) to protect the public against unreasonable risks to injury associated with
consumer products; and
(d) to undertake research on quality improvement of products and
investigation into causes and prevention of product related to deaths,
illness and injuries.
7. The law spelled out the responsibilities of the DOH, DA and DTI in the
development and enforcement of standards of quality and safety of products under
their respective authorities. The DOH would enforce the rules and regulations with
respect to food, drugs, cosmetics, devices and substances; the DA with respect to
product related to agriculture; and the DTI with respect to other consumer products
and, to develop and provide safety and quality standards for consumer products. The
concerned departments were mandated to establish consumer product quality and
safety standards which shall consist of the following:
(a) requirements as to performance, composition, contents, design,

construction, finish, packaging of a consumer product;
(b) requirements as to kind, class, grade, dimensions, weights, material;
(c) requirements as to the methods of sampling, tests and codes used to
check the quality of the product;
(d) requirements as to precautions in storage, transporting and packaging;
and
(e) requirements that a consumer product be marked with or accompanied
by clear and adequate safety warnings or instruction, or requirements
respecting the form of warnings or instructions.
8. The concerned departments were instructed to: (a) adopt existing standards
or formulate, develop and propose consumer product quality and safety standards
together with business and consumer sectors in specialized technical committees
organized for the purpose; (b) upon promulgation of the standards, publicize them
and conduct information campaign; (c) make appropriate order for recall, prohibition
or seizure from public sale or distribution, consumer products that is found to be
injurious, unsafe and dangerous; and direct the manufacturer, distributor, or seller of
such defective products to extend any or all of the remedies to the injured person; (d)
take measures to make a list of new consumer products and cause the publication by
the respective manufacturers or importers of such list of products with their
description; (e) establish consumer product standards and grant the Philippine
Standard Certification mark after determining the product’s compliance with the
relevant standard; (e) refuse admission into the Philippines of any consumer product
that fails to comply with an applicable consumer product quality and safety standard
or rule, is or has been determined to be injurious, unsafe and dangerous, is
substandard; or has a material defect.
9. In addition to their powers, functions and duties under existing laws, the
concerned departments were given the following functions and duties: (a) undertake
researches, develop and establish quality and safety standards for consumer
products in coordination with other government and private agencies closely
associated with these products; (b) inspect and analyze consumer products for
purposes of determining conformity to established quality and safety standards; (c)
levy, assess, collect and retain fees as are necessary to cover the cost of inspection,
certification, analysis and test of samples of consumer products and materials
submitted; (d) investigate the causes of and maintain a record of product-related
deaths, illnesses and injuries; (e) accredit independent, competent non-government
bodies, to assist in monitoring the market for the presence of hazardous or non
-certified products and other forms of violations, other appropriate means to expand
the monitoring and enforcement outreach of the department in relation to its
manpower, testing and certification resources at a given time; and (f) accredit
independent competent testing laboratories.
10. The mandates of the DA under the Consumer Act were elaborated by AO 9 of
the 1993 Series. In this AO, eight Bureaus of the DA were given powers to create
Product Quality and Safety Standards. These are the National Food Authority (NFA),
Bureau of Plant Industry (BPI), Bureau of Animal Industry (BAI), Bureau of Fisheries
and Aquatic Resources (BFAR), Sugar Regulatory Administration (SRA), Fertilizer
and Pesticide Authority (FPA), Philippine Coconut Authority (PCA) and the National
Meat Inspection Commission (now National Meat Inspection Service or NMIS). These
agencies and the Fibre Industry Development Authority and the National Tobacco
Administration already have existing standards formulation mandates, while the NMIS
and BFAR have new laws strengthening their standards formulation and enforcement
functions.
The Local Government Code of the Philippines of 1991 (RA 7190)
11. The Local Government Code granted every local government unit (LGU) the
powers for its efficient and effective governance, and those which are essential to the
promotion of the general welfare, including promotion of health and safety of its
inhabitants. Local government units were likewise granted other powers, functions
and responsibilities for provision of basic services and facilities, including agricultural
support services, services and facilities related to general hygiene and sanitation
(such as enforcement of fishery laws quality control of copra, fish ports, public
markets, slaughterhouses).
12. The LGUs were mandated to discharge the functions and responsibilities of
national agencies and offices devolved to them, including to regulate and inspect
meat, fruits, poultry, milk, fish, vegetables and other foodstuffs; to regulate the
slaughter, sale and disposition of animals for human consumption as well as powers
to adopt quarantine regulations and prevent the introduction of disease, among
others.
Fisheries Code of 1998 (Republic Act 8550)
13. The Philippine Fisheries Code of 1998 (RA 8550) was enacted on 19
February 1998 to ensure the attainment of the following objectives of the fishery
sector:
(a) Conservation, protection and sustained management of the country’s

fishery and aquatic resources;
(b) Poverty alleviation and the provision of supplementary livelihood among
municipal fisherfolk;
(c) Improvement of productivity of aquaculture within ecological limits;
(d) Optimal utilization of off-shore and deep-sea resources; and
(e) Upgrading the post-harvest technology.
AFMA EXPERTS’ REVIEW: PRODUCT STANDARDIZATION AND CONSUMER SAFETY
Table 2
Product Standardization and Consumer Safety Services Mandate and Functions of Philippine Government Agencies1
Product(s)
GOP Agency Mandate, Powers & Functions
Covered
DEPARTMENT OF AGRICULTURE
Bureau of All agricultural,  Formulate and enforce standards of quality in the processing, preservation,
Agriculture and livestock and packaging, labeling, importation, exportation, distribution and advertising of
Fisheries Product fisheries and agricultural, livestock and fisheries and aquaculture products;
Standards aquaculture  Conduct research on product standardization, alignment of the local standards with
products the international standards; and
 Conduct regular inspection of processing plants, storage facilities, abattoirs, public
and private markets in order to ensure freshness, safety and quality of products.
Bureau of Animal Meat and meat  Recommend policies and procedures on the flow of livestock products and the proper
Industry products, including preservation and inspection of such products;
animal by-products  Prescribe standards for the quality of manufacture, importation, labeling, advertising,
distribution and sale of livestock, poultry and allied industries;
 Recommend plans and programs, policies, rules and regulations and provide
technical assistance in their implementation;
 Promulgate regulations for the preparation, sale, traffic in, shipment and importation
of viruses, serum, toxin or analogous products used for the treatment of domestic
animals
 Issue, suspend and revoke licenses for dispensing or maintenance of
establishments for its preparation and treatment;
 Issuer licenses for its importation, and inspect such products.
 Regulate the sale of veterinary biologics and medicinal preparation;
 Protect the interest of the consumer, promote his general welfare and establish
standards of conduct for business and industry.
 develop and provide safety and quality standards for consumer products,
1
Sources of Information: FAFST, Report on Global Competitiveness for Philippine Agribusiness – Product Quality System; SEARCA,
Improving Governance in Agriculture Bureaucracy; DA Report on Strengthening Quality Assurance and Other Regulatory Services for
Diversified Farm Income and Market Development Project.
Product(s)
Covered
including performance or use-oriented standards codes of practice and methods
of tests;
 assist the consumer in evaluating the quality, safety, performance and
comparative utility of consumer products;
 protect the public against unreasonable risks to injury associated with consumer
product; and
 undertake research on quality improvement of products and investigation into
causes and prevention of product related to deaths, illness and injuries; and
 Supervise and regulate the establishment, operation and maintenance of
slaughterhouses, pet shops, kennel, veterinary clinics/hospitals, stock/stud farm,
corrals, zoos for the breeding, treatment, sale or trading or training of animals
 Issue certificate of registration upon proof that the facilities of such establishment
for animals are adequate, clean and sanitary and will not be used for, nor cause
pain and/or suffering to the animals; and
 Revoke or cancel certificate or registration for non-compliance as to standards set
by BAI as to the establishment’s adequacy, cleanliness and sanitation.
National Meat Meat and meat  Promulgate and implement policies, procedures, guidelines, rules and regulations
Inspection Service products governing post-production flow of livestock and meat and meat products (both locally
produced and imported) through the various stages of marketing and proper handling,
inspection, processing, storage and preservation of such products; protect the
interest, health and general welfare of the meat consuming public;
 Ensure the production of clean, healthy and sound meat food;
 Provide technical supervision over LGU meat inspection work and assistance in their
technical capability building;
 Evaluate and accredit meat plants;
 Enforce meat inspection laws, rules and regulations;
 Provide laboratory services to the meat industry;
 Perform inspection on imported meat and meat products;
 Provide technical assistance in meat plant development; and
 Promote consumer information, protection and assistance programs.
Product(s)
Covered
Bureau of Fisheries Fisheries and  Formulate and implement a Comprehensive Fishery Research and Development
and Aquatic aquaculture Program aimed at increasing resource productivity improving resource use efficiency,
Resources products and ensuring the long term sustainability of the county's fishery and aquatic
resources;
 Establish and maintain a comprehensive Fishery Information System;
 Provide advisory services and technical assistance on the improvement of quality of
fish from the time it is caught (i.e., on board fishing vessels, at landing areas, fish
markets, to the processing plants and to the distribution and marketing chain);
 Advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;
 Implement and inspection system for import and export of fishery / aquatic products
and fish processing establishments consistent with international standards to ensure
product quality and safety;
 Enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters and
to settle conflicts of resource use and allocation in consultation with the NFARMC,
LGUs and local FARMCs;
 Develop value-added fishery products for domestic consumption and export; and
 Assist the LGUs in developing their technical capability in the development,
management, regulation conservation and protection of the fishery resources.
 Formulate rules and regulations for the conservation and management of straddling
fish stocks and highly migratory fish stocks.
Philippine Fisheries  Management, operations, and development of regional commercial fish port
Development complexes located throughout the Philippines;
Authority  Establishment of ice plants and cold storages, municipal fish ports, warehouses,
factory buildings & other structures;
 Conduct of training on Hazard Analysis Critical Control Points and Good
Manufacturing Practices and on the operation and management of municipal fish port;
and
 Monitoring, compilation, and dissemination of fishery statistics and information
Product(s)
Covered
necessary in the conduct of business activities and policy formulation.
Bureau of Plant Agricultural crops,  Prepare a program for the selection, production and certification of improved planting
Industry seed and plant materials as well as guidelines for its implementation;
materials quality,  Recommend plant quarantine policies and prescribe rules and regulations for the
GMOs prevention, control and eradication of pests, diseases and injuries to plants and plant
products;
 Recommend plans, programs, policies, rules and regulations to the Secretary and
provide technical assistance in the implementation of the same;
 Prevent the introduction of exotic pests in the country and prevent further spread of
plant pests already existing from infested to pest-free areas;
 Enforce phytosanitary measures for the export of plants, plant products and regulated
articles;
 Supervise and control the existing filed inspections and control services and seed
testing laboratories;
 Supervision, coordination, and monitoring of production, purification and maintenance
of breeder and foundation seeds of all recommended cultivars;
 Accreditation of seed growers and plant nursery operators;
 Conduct crop protection using the regional crop protection centers;
 Establish pesticide laboratories all over the country;
 Monitor levels of pesticide residue in crops to protect local and international
consumers from possible health hazards;
 Check on possible indiscriminate use and application of pesticides on food crops and
other agricultural products;
 Determine pesticides degradation rates for different crops to be able to establish
"waiting times" and prepare recommendations to improve/change agricultural
practices;
 Determine and evaluate practices on the use of pesticides for possible modification
resulting in acceptable low residues in agricultural products;
 Perform technical analyses on formulated pesticide products;
 Monitor the level of chemical residues of agricultural crops and by-products and
Product(s)
Covered
recommend policies for safety of consumers; and
 Promote use of organic fertilizer and integrated pest management.
Cotton Cotton and cotton  Promulgate and enforce rules and regulations to govern cotton production, distribution
Development products and use of certified cottonseeds, pest control, and other quarantine measures.
Administration  Produce breeder, foundation and registered seeds and supervise certified seed
production by private cottonseed growers and set and enforce standards and
procedures for seed production and marketing.
Fertilizer and Fertilizer and  Promulgate and enforce rules and regulations for the registration and licensing of
Pesticide Authority pesticides, organic fertilizer and pesticide handlers and products.
or inorganic  Establish and implement regulations governing import and export of fertilizer and
fertilizer inputs and pesticides, as well as domestic production and marketing,
including efficacy and quality, and environmental impact, product safety and agri-
occupational health.
 Establish and enforce tolerance levels and good agricultural practices for use of
pesticides
 Restrict or ban use of pesticides, as needed.
 Prevent importation of agricultural commodities containing pesticide residues above
the accepted tolerance levels.
 Monitoring of pesticide residues in selected crops.
Fiber Industry Fiber crops and  Promote the integrated development of the fiber industry in all its aspects from
Development fiber products research, production, processing, marketing and trade regulation;
Authority  Enforce fiber standards and regulatory measures in order to maintain good quality
fiber traded in both local and foreign markets;
 Improve farm productivity, thereby, increasing farmers' income; and,
 Regulate and control grading and baling establishments.
National Tobacco Tobacco products  Promulgate rules and regulations on the production, standardization, classification,
Administration grading and trading of tobacco products
Philippine Coconut Coconut, coconut  Establish and enforce standards for domestic trade and export of copra and its by-
Authority products products.
Product(s)
Covered
National Food Rice and corn  Register and license grain handlers (including machinery) and manufacturers of
Authority goods where grains are used as ingredients and collect corresponding fees as
authorized; and
 License import/export of grains.
Food Development All food products  Testing and standards development;
Center, NFA, DA  Product development;
 Training;
 Pilot processing; and
 Quality and safety assessment.
Sugar Regulatory Sugar and sugar  Provides an agro-industrial research service laboratory to all sectors of the sugar
Administration by-products industry;
 Analyzes sugar, molasses, juice and bagasse for quality control purposes; and
 Analyzes all agro-based related materials to the sugar industry.
Bureau of All agricultural crops  Prevention and control of mycotoxin, and pests and diseases toward food
Postharvest preservation and safety by:
Research and  Conducting studies on postharvest pests and diseases;
Extension  Management of pests;
 Cataloguing of microbial cultures isolated;
 Operation and maintenance of mycotoxin laboratory;
 Screening, evaluation and formulation of natural plant products for the control of
postharvest pests;
 Laboratory trial of ultrasonic cleaning of chemical residues and microbial
contaminants on vegetables;
 Bioecological studies: Behavioral Study and Establishment of Rearing Techniques
for Insects of Economic Importance;
 Bioecological Control of Banana Crown Rot with Epiphytic Fungi; and
 Postharvest Diseases Management Strategies and Storage Life Extension.
Product(s)
Covered
DEPARTMENT OF HEALTH
Bureau of Food & Processed food  Establish standards and quality measures for processed foods;
Drugs, DOH  Inspection and licensing of establishments in accordance with Good Manufacturing
Practices of regulated establishments such as manufacturers, packers/repackers,
distributor, importers, exporters, wholesalers, outlets, groceries, supermarkets, other
commercial outlets;
 Evaluation and registration of regulated products based on set standards of safety,
efficacy, purity and quality of regulated products, processed foods (imported and
local), advertised local products and processed food products intended for export;
 Market monitoring of products for adulterated products, expired and unregistered
products;
 Laboratory analysis of regulated products such as collected samples from routine
monitoring, products which are subject of complaints from consumers, products for
registration and donated products;
 Evaluation and monitoring of advertisements and promotions of tri- media such as
television, radio and print ads like newspaper and magazine;
 Policy formulation, drafting of rules and regulations, administrative orders and
standards, issuance of bureau circulars/bureau memoranda and guidelines;
 Public assistance and information such as rendering the following services: product
information, health advisories, and consumer assistance for complaints, and client
assistance for consultancy, seminars and trainings;
 Legal functions such as disposition of consumer complaints re: adulterated food,
misbranded food products, advertisement and promotional regulations;
 Administrative functions for human resource development: enhancement of skills and
knowledge of personnel through training; and
 Special functions related to food such as implementation of food fortification program,
Product(s)
Covered
salt iodization, and milk code.
National Nutrition All food products  Coordinate national food and nutrition policies and strategies, including nutritional
Council standards, e.g.
DEPARTMENT OF TRADE & INDUSTRY

Bureau of Product All products not  Development, promulgations and promotion of Philippine National Standards (PNS);
Standards covered by DA and and
DOH 2  Development and promulgation of standards, product testing and certification;
 Accreditation of competence and capability of testing and calibration laboratories;
 Accreditation of management system certification bodies and private emission
testing centers;
 National registration scheme for quality assessors;
 International cooperation on standards and conformance;
 Training programs on ISO 9000/PNS 1000, ISO 14000/PNS 17000, ISO/IEC
17025, product certification and other standardization activities; and
 Development, implementation and coordination of standardization activities.
 Standards development.
DEPARTMENT OF SCIENCE AND TECHNOLOGY
Industrial All food products  Technology transfer;
Technology  Tests, analysis, calibration;
Development  Training;
Institute  Technical information;
 Design and fabrication; and
 Use of laboratory and pilot plant facilities.
2
All standards developed by DA have to be submitted to BPS for numbering to be promulgated as Philippine National Standard.
14. Chapter III of the Fisheries Code of 1998 provided the reconstitution of Bureau
of Fisheries and Aquatic Resources (BFAR) as a line Bureau of the DA with the
following functions related to fish quality and standards:
(a) provide advisory services and technical assistance on the improvement

of quality of fish from the time it is caught (i.e., on board fishing vessel, at
landing areas, fish markets, to the processing plants and to the
distribution and marketing chain);
(b) advise and coordinate with Local Government Units (LGUs) on the
maintenance of proper sanitation and hygienic practices in fish markets
and fish landing areas;
(c) implement an inspection system for import and export of fishery/ aquatic
products and fish processing establishments consistent with international
standards to ensure product quality and safety; and
(d) develop value-added fishery-products for domestic consumption and
export.
15. Furthermore, the Fisheries Code provides for the strengthening of the
Fisheries Inspection and Quarantine Service (FIQS) in BFAR for purposes of
monitoring and regulating the importation and exportation of fish and fishery/aquatic
resources. The FIQS shall have the following functions:
(a) conduct fisheries quarantine and quality inspection of all fish and fishery/
aquatic products coming into and going out of the country by air or water
transport, to detect the presence of fish pest and diseases and if found to
harbor fish pests or diseases shall be confiscated and disposed of in
accordance with environmental standards and practices;
(b) implement international agreements/commitments on bio-safety and bio-
diversity as well as prevent the movement or trade of endemic fishery
and aquatic resources to ensure that the same are not taken out of the
country;
(c) quarantine such aquatic animals and other fishery products determined
or suspected to be with fishery pests and diseases and prevent the
movement or trade from and/or into the country of these products so
prohibited or regulated under existing laws, rules and regulations as well
as international agreements of which the Philippines is a State Party;
(d) examine all fish and fishery products coming into or going out of the
country which may be a source or medium of fish pests or diseases
and/or regulated by existing fishery regulations and ensure that the
quality of fish import and export meet international standards; and
(e) document and authorize the movement or trade of fish and fishery
products when found free of fish pests or diseases and collect necessary
fees prescribed by law and regulations.
Restructuring the Department of Agriculture, Providing Funds Therefore, And

Other Purposes” or Executive Order (E.O.) 338 of 2001
16. Executive Order 338 was never implemented. It was an attempt to clarify the
roles of the different agencies under the DA, including BFAR as well as the National
Fisheries Research and Development Institute (NFRDI).
R. A. 7607 - Magna Carta for Small Farmers
17. This Act recognizing BPI expertise and inherent functions on pesticide residue
analysis and pesticide formulation, seed production and certification, research,
technology transfer and crop protection made BPI as the sole agency mandated to:
(a) monitor the level of chemical residues of agricultural crops and by-products and
recommend policies for safety of consumers; and promote use of organic fertilizer
and integrated pest management
I.B AFMA Goal and Objectives
18. The goal of AFMA is to modernize the agriculture and fisheries sectors of the
country in order to enhance their profitability, and prepare said sectors for the
challenges of globalization. The main strategies to accomplish this goal are (a) the
provision of an adequate, focused and rational delivery of necessary support
services; and (b) the appropriation of funds for the support services and other
purposes. Among the critical production and marketing support services recognized
by AFMA is Product Standardization and Consumer Safety (PSCS) service. The
vision of AFMA is “that all sectors involved in the production, processing, distribution
and marketing of foods, and non-food agricultural and fisheries products shall adhere
to, and implement the use of product standards in order to ensure consumer safety
and promote the competitiveness of agriculture and fisheries products”.
19. Chapter 7, Sections 60-64 of the AFMA mandated the Department of

Agriculture (DA) to establish the BAFPS to set and implement standards for fresh,
primary- and secondary-processed agricultural and fishery products. The powers and
functions of BAFPS were detailed as follows:
a. Formulate and enforce standards of quality in the processing,

preservation, packaging, labeling, importation, exportation, distribution,
and advertising of agricultural and fisheries products,
b. Conduct research on product standardization, alignment of the local
standards with the international standards; and
c. Conduct regular inspection of processing plants, storage facilities,
abattoirs, as well as public and private markets in order to ensure
freshness, safety and quality of products.
AFMA Chapter 7 – Product Standardization & Consumer Safety
Section 60. Declaration of Policy– It is the policy of the State that all sectors involved
in the production, processing, distribution and marketing of foods, and non-food
agricultural and fisheries products shall adhere to, and implement the use of product
standards in order to ensure consumer safety and promote the competitiveness of
agriculture and fisheries products
Section 61. Bureau of Agriculture and Fisheries Product Standards
The Department, within six (6) months after the approval of this Act, and in consultation
with the Department of Trade and Industry and the Bureau of Food and Drugs, shall
establish the Bureau of Agriculture and Fisheries Product Standards (BAFPS).
Section 62. Coverage
The BAFPS shall set and implement standards for fresh, primary- and secondary-
processed agricultural and fishery products.
Section 63. Powers and Functions
The BAFPS shall have the following powers and functions:
 Formulate and enforce standards of quality in the processing, preservation,
packaging, labeling, importation, exportation, distribution, and advertising of
agricultural and fisheries products;
 Conduct research on product standardization, alignment of the local standards with
the international standards; and
 Conduct regular inspection of processing plants, storage facilities, abattoirs, as well
as public and private markets in order to ensure freshness, safety and quality of
products.
Section 64. Pool of Experts and Advisers

The BAFPS may coordinate, seek the services of, and consult with both private and
governmental agencies; research institutes educational establishments and such other
individuals and entities with expertise in the field of product standards and consumer
safety.
Source: Republic Act 8435
I.C The Implementing Rules, Targets and Current Status
20. The implementation of AFMA was guided by the Implementing Rules and
Regulations (IRR) contained in the DA Administrative Order No. 6 - 1998 and issued
on 10 July 1998. The IRR provisions can be classified into two types - - (a) those
relating to the establishment, organization and management, and operationalization
of BAFPS; and (b) those concerning the powers and functions, and details of
activities of BAFPS. The IRR provisions are presented below according to the above
classification3. The AFMA IRR and the BAFPS AO 17 provisions, and their status are
summarized in Table 3.
3
Quoted from Department of Agriculture Administrative Order 6, Implementing Rules and
Regulations of RA 8435, dated July 10, 1998.
Table 3
AFMA IRR (DA AO 6, S 1998) Stipulation, DA AO No. 17, S 1998 Authorization and DA and BAFPS Activities to Comply with
AFMA IRR and AO No. 17
AFMA IRR Section Stipulation DA AO 17, S 1998 Authorization Status as of 31 Dec. 20054
BAFPS Establishment, Organization and Management, and Operationalization
Sec.
Rule  DA to establish BAFPS  Established BAFPS with the  BAFPS was created by DA AO No. 17 on 4
1
61.1 on or before 30 July issuance of the DA AO No. 17 December 1998
1998; and issued on 4 December 1998  Ms. Concepcion Lizada was designated 1st
 Designate BAFPS  Designation of BAFPS Director
Director Director  AO No. 1, Series of 2000 was issued on 28
 BAFPS is under the Office of January 2000 amending AO No. 17
the Secretary
Rule  Appointment of BAFPS Sec.  BAFPS Organizational  Mr. Gilberto Leyese was appointed OIC
61.2 Director by the 9 Structure in “Annex A” Director on 16 July 2001 after resignation of
President and 2 or more included 2 Assistant Director Dr. Lizada and then Director on 19 September
Assistant Directors on positions, one in-charge of 2005
recommendation of DA Consumer Protection  BAFPS sent proposal to Sec. Angara for
Secretary;  BAFPS organizational approval of creation of 67 positions for staffing
 One Assistant Director structure also includes a requirements of BAFPS on 19 October 1999
assigned to concerns on Consumer Affairs Div., with a  Sec Lorenzo requested DBM for the creation
consumer issues; and Consumer Protection Section of 37 plantilla positions on 11 December 2002
 Incorporation of a and a Consumer Education &  DBM approved 17 positions in 2004 but letter
Consumer Protection Advocacy Section was released only on 16 March 2005
Division in BAFPS  Tasks broadly defined in  No Assistant Director position has been
“Annex B” includes consumer approved, hence none appointed
4
Sources of Information: AFMA (RA 8435), DA AO No.6 Series of 1998, DA AO No.17 Series of 1998, BAFPS Report Submitted to NAFC
AFMA Monitoring Unit, BAFPS Annual Report for 2004, Report on Global Competitiveness for Philippine Agribusiness – Product Quality
System, Report on Strengthening Quality Assurance and Other Regulatory Services for Diversified Farm Income and Market
Development Project.
protection and consumer  The BAFPS organization as specified in AO
education activities No. 17 Series of 1998 included a Consumer
Services Div.
Rule Considering existing Phil. Sec. The BAFPS Task Force  The Task Force completed its work and stood
61.3 agriculture and fisheries 8 provided for in Section 64 of RA down.5
product standards, and the 8435, together with
related functions and representatives of other
powers of various DA and government agencies and the
non-DA agencies and private sector, shall serve as the
offices, BAFPS Task BAFPS Advisory Committee
Force (per Section 64) to
propose:
 specific rules and
activities of BAFPS;
and
 if necessary and
appropriate, the
approach/manner and
timing of consolidation
of the functions and
their associated
resources currently
with other agencies
within BAFPS
5
Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical
Report, Department of Agriculture, (May 2006)
Rule  BAFPS coverage shall Sec.  Formulate and enforce  Development of Philippine National Standards
62.1 include standards on 3 standards of quality of is in full swing
consumer health and agriculture, livestock and  No AO specifying full listing of products
safety standards related fisheries and aquaculture covered by BAFPS was issued on or before
to consumer health and products in collaboration and 30 Dec. 19986
safety and efficient trade coordination with DTI and  Listing of products covered by BAFPS has
of raw, fresh, primary BPS, DOST, BFAD and DOH, been deliberated with BFAD and other
and secondary SPUCs, LGUs, and the agencies.
processed agricultural private sector, including POs  Report on proposed delineation of functions
and fisheries products, and NGOs between BAFPS and other DA regulatory
both food and non-food.  Enforcement to include agencies submitted to DBM on 9 October
formulation and 2003 after consultation with DBM, COCAFM
implementation of standards and DA-Personnel Services Division
 Upon BAFPS’s utilized in enforcement of  Delineation of functions still being discussed
recommendation, quarantine rules and with BFAD only7
issuance of DA AO regulations  Report on proposed delineation of functions
specifying the full listing
between BAFPS-DA and BFAD-DOH
of the products covered
submitted to DBM on 12 December 2003
by BAFPS on or before
30 Dec. 1998  BAFPS has decided to focus on food safety
issues and formulation/ harmonization of
standards for primary- and secondary-
processed agricultural and fisheries products.6
6
BAFPS Accomplishment Report, First Quarter, January – March 2004, Code VII-05
7
Sec.  The Department, through  MOA with other agencies defining aspects of
7.2 BAFPS, shall enter into a product standards and regulations (e.g.,
Memorandum of Agreement product coverage, areas subject to regulation,
with each of the following and consumer arbitration) was not signed.
agencies with similar  A general Memorandum was prepared and
functions, defining, among signed off by BAFPS and the DA in February
others, such aspects of 2005. However, none of the nominated
product standards and agencies have committed to the
regulations as product Memorandum.8
coverage, areas subject to
regulation and consumer
arbitration: BPS, DTI;
BTRCP, DTI; BFAD, DOH;
NFA, DA; ITDI, DOST; FNRI,
DOST; PNRI, DOST; National
Biosafety Committee; SPUCS
8
Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards. Technical Report,
Department of Agriculture, (May 2006)
Rule  Consultation by BAFPS Sec.  On matters related to fisheries  BAFPS has not coordinated with BFAR and
63.1 with BAI and BFAR on 5 product standards, BAFPS to PFDA and no discussion on delineation of
the delineation of coordinate with BFAR and functions were also conducted.
functions in relation to PFDA as provided in the  Required DA AO defining specific relationship
the Animal Welfare Act Philippine Fisheries Code of of BAFPS with BFAR and PFDA has not been
of 1998 and the 1998 (RA 8550) issued.
Fisheries Code of 1998  DA Secretary shall issue an  BAFPS has not formulated standards for fish
 Issuance by the AO defining the specific and fish products
Secretary of Agriculture relationship of BAFPS with
of an AO embodying BFAR and PFDA
agreements on the
delineation of functions
Rule Creation of the BAFPS Sec. The BAFPS Task Force  BAFPS Task Force was created by AO 6,
64.2 Task Force on or before 8 provided for in Section 64 of RA 1998 Series.
30 July 1998 to formulate 8435, together with  SO 411 S 2001, creating the Technical
the design of the BAFPS representatives of other Committees of BAFPS was issued on 03
government agencies and the September 2001
private sector, shall serve as the  SO 96 S 2002 issued on 14 February 2002
BAFPS Advisory Committee created additional Task Forces for
International Food Standards.
Rule Preparation of the Terms Sec. The specific scope, timetables  No MOA was signed.
64.3 of Reference, funding and 4 and mechanisms of  Documentation approved by the DA Secretary
manpower requirements of implementation of the BAFPS showing BAFPS TOR, funding, and
BAFPS for the DA functions shall be formulated in manpower requirements of BAFPS is in the
Secretary’s approval not collaboration with the concerned form of AO No. 1 S 2000 issued by Sec.
later than 30 September agencies and promulgated Edgardo Angara on 28 January 2000
1998. through issuance by the amending AO No. 17 S 1998 to revise the
Secretary of Agriculture and/or functions and organizational structure of
Memoranda of Agreement BAFPS
among the concerned agencies
BAFPS Powers and Functions
Sec
Rule  The powers and BAFPS has the following  BAFPS functions were enumerated in the DA
1
63.1.1 functions of BAFPS to powers and functions as defined AO No. 17, series of 1998 which established
include formulation and in the AFMA and the IRR: BAFPS. However, said AO repeated the IRR
enforcement of quality oformulate and enforce provision on the need for an issuance by the
standards standards of quality in the DA Secretary and/or a Memo of Agreement
processing, preservation, detailing the specific scope, timetables and
packaging, labeling, mechanisms of implementation of BAFPS
importation, exportation, functions.
distribution, and advertising  AO No. 1, Series of 2000 was issued on 28
of agriculture, livestock and January 2000 amending BAFPS’ functions
fisheries and aquaculture and organization structure provided in AO No.
products; 17 series of 1998. (Annex B)
oconduct research on product  Standards completed with PNS Number9:
standardization, and  Corn (shelled, grits)
alignment of the local  Vegetables (broccoli, cauliflower,
standards with the cabbage, bulb onion)
international standards; and  Fruits (saba/cardaba banana, pummelo,
oconduct regular inspections mango, pineapple, durian)
of processing plants,  Virgin coconut oil
storage facilities, abattoirs,  Coffee beans
as well as public and private  Pili nuts
markets in order to ensure  Table eggs
freshness, safety and quality  Cutflowers (chrysanthemum-spray type,
of products chrysanthemum-standard, orchid-spray,
carnation, anthurium, roses)
 Organic agriculture specification
9
BAFPS Website; Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.
Technical Report, Department of Agriculture, (May 2006)
 Standards for finalization10:
 Fruits (mangosteen, papaya,
calamansi/calamondin)
 Vegetables (carrot, tomato)
 Chilled young coconut water
 Nata de coco - raw
 Coco coir
 Fresh milk
 Organic Rice
 Organic fertilizer
 Organic muscovado sugar
 Tilapia fillet (fresh/frozen)
 Seaweeds
 Boneless dried danggit
 Deboned marinated milkfish
 Research required (which has been limited to
date) has been contracted out and was
overseen by the Technical Committee
established on each standard on size
distribution of fruit and vegetables.11
10
BAFPS Website; Cecil McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.
Technical Report, Department of Agriculture, (May 2006)
11
Sec, Recommend to the Secretary No recommendation was submitted to the DA

6.12 the designation of appropriate Secretary.
agencies empowered to enforce
the regulatory provisions of RA
8435, consistent with existing
laws
Rule Development and Sec. Develop and implement codes Guidelines prepared are:12
63.1.2 implementation of 6.1 of practice and guidelines for  Code of Hygienic Practice for the Sale of
standards and codes of food safety, postharvest Fresh Agriculture and Fisheries Products
practice for food safety handling, primary and in Markets and Authorized Outlets
and efficient trade secondary processing,  Guidelines for the Certification of Good
packaging, labeling, advertising, Agricultural Practices for Fruits and
distribution and marketing of Vegetables Farming
agriculture, livestock and
fisheries and aquaculture
products
Sec. Transmit standards All completed/finalized standards transmitted to
6.4 promulgated as national BPS for assignment of PNS number.
standards to BPS of DTI for
assignment of PNS number
12
BAFPS Website, May 2006
Rule Assistance to Sec. Assist government offices and This is done through the Technical Committees
63.1.3 government offices and 6.5 enterprises to establish the organized for the standards formulation.
agriculture and fisheries scientific basis for food safety
enterprises in and trade standards, and codes
establishing the scientific of practice and harmonize these
basis for food safety and with internationally standards
nutrition standards and and practices
codes of practice; and
harmonization of these
standards with the
international standards
and codes of practice
Rule Coordination with Sec. Monitor and disseminate  Monitoring and dissemination of developments and
63.1.4 government offices and 6.6 developments and trends in trends in international food safety standards by
agriculture and fishery international food safety standards BAFPS needs to be improved.
enterprises on development and codes of practice, ensure  Prior to the creation of the Philippine National
of early warning system on timely assessment of impact on Codex Committee (NCC), BAFPS assisted in the
international developments domestic products and determine preparation and presented position papers in
on food safety and nutrition appropriate courses of action Codex Committee meetings and other fora.
standards and codes of  Since the creation of NCC, Sub-committees and
practice task forces under the NCC are now responsible for
preparation of country positions on identified
Codex issues, and endorse these to the Technical
Com., which in turn endorses to the Executive
Com.
Rule Ensuring the participation Sec. Ensure participation of BAFPS involves other GOs, academic
63.1.5 of all affected parties, 6.2 representatives of all concerned institutions, professional organizations, industry
government and non- parties in the formulation of representatives and consumer organizations in
standards and codes of practice drafting standards through the Multi-sectoral
government, in standards Sec. Form multi-sectoral committees Technical Committees and during public
and codes of practice 6.3 to formulate national standards, consultation.13
and subject these standards to
periodic review and revision, if
necessary
Sec. In cooperation with the
6.18 Agribusiness Marketing
Assistance Service (AMAS),
actively involve industry
associations and professional
organizations in standards
development and
implementation
Rule Establishment and Sec. Establish and maintain, in Development of BAFPS Information System is
63.1.6 maintenance of 6.10 collaboration with NIN the on-going.14
database, management database, MIS, M&E, research
information system, and other information related to
monitoring and evaluation commodity and food safety
system, and research on standards
food commodity and food
safety and nutrition
standards in collaboration
with NIN and research
institutions.
13
BAFPS Accomplishment Report for CY 2004
14
BAFPS Accomplishment Report, First Quarter (January-March) 2004, Code VII-12
Rule  Conduct of product Sec. Conduct product testing, Inspections are only carried out in markets and
63.1.7 testing, surveillance 6.13 surveillance and inspection of abattoirs.15
and inspection of food food handling, processing and
handling, processing storage facilities, including
and storage facilities, abattoirs, fish ports and landing
including abattoirs, fish areas and markets, for
ports and landing areas compliance with approved
and markets, for standards and codes of
compliance with practice, and establish and
approved standards operate testing centers and
and codes of practice, research laboratories for this
and purpose
 Establishment and Sec. In collaboration with the Bureau Research required (which has been limited to
operation of testing 6.11 of Agricultural Research (BAR) date) has been contracted out and was
centers and research and appropriate research overseen by the Technical Committee
laboratories institutions and SPUCs conduct established on each standard on size
research related to agriculture distribution of fruit and vegetables.14
and fisheries product standards
Rule Establishment of an Sec. Establish an inspection and Started in connection with formulation of
63.1.8 inspection and 6.14 certification systems including Guidelines for Organic Produce and the
certification system third party accreditation to Certification of Good Agricultural Practices.14
including third party ensure the cost-effective and
accreditation and efficient implementation of
professional certification standards and codes of practice
system for standards
professionals
15
Rule Provision of organization Sec. Provision of organization and  BAFPS recommended and endorsed
63.1.9 and expertise to ensure 6.7 expertise to ensure effective participation of Philippine experts from
effective participation in participation in international standards-related organizations in
international deliberations deliberations on food safety and international deliberations on standards.
on food safety and trade trade standards in collaboration  Participation in these meetings is limited
standards in collaboration with DA Policy Analysis Service because of lack of budget.
with DA Policy Analysis  This function was essentially given to NCC.
Service NCC has instituted a process for prioritizing
the Codex Meetings important for Philippine
issues. NCC has also instituted a process for
selection of appropriate delegates to the
Codex Com. Meetings. NCC is temporarily
“housed” by NAFC and has no operational
budget, much less budget for participation in
Codex Meetings.
Rule BAFPS serve as the Sec. BAFPS serve as the Philippines’  BAFPS serves as the National Codex Contact
63.1.1 Philippines’ National 6.8 National Enquiry Point for SPS Point but performance needs to be improved.
0 Enquiry Point for SPS and other food safety and  As the Codex Contact Point BAFPS should
and other food safety and standards concerns the “home” of the NCC and should act as the
standards concerns secretariat of the NCC. BAFPS is not
agreeable to this arrangement.
 DA Policy Research Service acts as SPS
notification point while BAFPS serves as
enquiry point on food safety and standards
concerns.
Sec Represent DA in inter-agency Regularly done.
6.9 bodies involved with
standardization and consumer
protection
Rule  Determination and Sec. In collaboration with appropriate No recalls have ever taken place in the
63.1.1 implementation of 6.15 offices and entities, determine Philippines.16
1 recall of products not fit and implement the recall from
for human consumption the market of commodities
or pose hazards to found to be unfit for human
health of humans, consumption or pose a hazard
plants and animals. to humans, animal or plant
health, and undertake
procedures for the destruction
or disposal of confiscated
commodities
16
Rule  Levy and collection of Sec. Levy and collect fees for  No revolving funds were appropriated for
63.1.1 fees for services to be 6.17 inspection, testing certification BAFPS
2 managed under a and other services. Provided,
revolving fund that the schedule of fees shall
proposed by DA to be determined in consultation
DBM to be created in with the Department of Finance,
the 1999 Commission on Audit and the
Appropriations Act Department of Budget and
Management (DBM), and
subject to the approval of the
Secretary of Agriculture, except
in instances where the
collection of said fees is
provided for under other laws.
Provided further, that such fees
shall be deposited to the Bureau
of Treasury for the DBM, which
shall hold the fees in trust for
the designated agency to be
disposed of in pursuance to the
1999 Appropriations act or form
part of the corporate funds of
the concerned government
corporation
 This is a regular BAFPS activity as part of the
Rule  Coordination with both Sec. In view of the specialized
64.1 7.1 technical and legal expertise standard formulation process.
private and
government sectors needed in product standards
development, formulation and
implementation, the BAFPS
shall coordinate, seek the
services of, and consult with
both private and government
agencies, research institutes,
educational establishments and
such other individuals and
entities with expertise in the
field of product standards and
consumer safety
I.C.1 BAFPS Establishment, Organization and Management, and

Operationalization
21. On or before July 30, 1998 the Secretary shall issue an AO to establish the
BAFPS and designate the BAFPS Director. As the BAFPS is being organized, the
Secretary may designate an officer of the Department to serve in a concurrent
capacity as BAPFPS Director. (Rule 61.1)
Status: On 3 December 1998 DA Acting Secretary William D. Dar issued

AO No. 17 - 1998 establishing BAFPS under the Office of the Secretary for
the effective implementation and enforcement of agriculture and fisheries
product standards. The said AO likewise specified and elaborated BAFPS
powers and functions consistent with Section 63 of AFMA and the IRR. It also
required BAFPS to coordinate with DA and non-DA agencies with similar
functions. The Secretary also designated Ms. Concepcion Lizada as the first
BAFPS Director.
On 19 October 1999 BAFPS submitted a proposal for 60 staff

positions. On 9 October 2001, DA Secretary Leonardo Q. Montemayor
committed to Secretary Boncodin of DBM the abolition of 97 vacant positions
from the various agencies and bureaus for the creation of 60 new positions for
BAFPS. However, the DA Personnel Division found out that most of the
positions offered were already filled up.
On 11 December 2002 DA Secretary Luis P. Lorenzo wrote to

Secretary Boncodin on the abolition of 67 vacant positions for the creation of
37 BAFPS permanent plantilla positions including the availment of one (1)
legal expert and one (1) toxicological expert as local consultants. In March
2003, the Presidential Management Staff under the Office of the President
wrote a letter to Secretary Boncodin instructing her to approve the
regularization of BAFPS positions and its inclusion in the 2005 national
budget. It was only in March 18, 2004 that the DA Personnel Division certified
that the 67 vacant positions to fund the creation of 37 positions of BAFPS are
still vacant. On 14 December 2004, BAFPS complied with the request of DBM
to submit the Bureau’s activities based on its mandated powers and functions
under AFMA.
On 19 January 2005, BAFPS was informed by DBM that only 3 out

of the 67 positions offered by DA are funded and the rest were not since they
have been vacant for a long time. Nevertheless, DBM approved on 16 March
2005 17 positions for designated sections of BAFPS, namely:
a) Office of the Director

b) Standards Development Division
c) Laboratory Services Division
d) Technical Services Division.
Hiring for the 17 approved positions is in the final stage. However,

BAFPS still needs to comply with requirements set by the DBM in the March
2005 approval of the 17 positions, including:
a) Submission to DBM of the Program, Activity and Project (PAP)

Structure;
b) Confirmation of the savings of the Personal Services budget to fund
the approved 17 positions; and
c) Submission of Reports on Funded Vacant/Vacated Regular Positions
and Positions filled.
Furthermore, DA needs to submit a proposal to rationalize the

product standards activities, facilities, resources and systems within the
parameters and timeline of the DA Rationalization Program. DA has yet to
meet the above DBM requirements.
22. The BAFPS shall be headed by a Bureau Director and two or more Assistant
Directors appointed by the President upon the recommendation of the Secretary.
One of the Assistant Directors shall be concerned with consumer issues and the
BAFPS shall incorporate a Consumer Protection Division. (Rule 61.2)
Status: The BAFPS is headed by a Bureau Director who was appointed on 19

September 2005 after having been OIC since 16 July 2001. The BAFPS
Organizational Structure in “Annex A” of AO 17, Series 1998 included 2
Assistant Director positions managing the Product Standards and Technical
Services and, Industry Compliance and Consumer Protection. Under the
Product Standards and Technical Services are the Standards Development
and Promotion and Technical Services Division. On the other hand, Industry
Compliance and Consumer Protection include the Industry Compliance and
Consumer Affairs Division.
On 28 January 2000 Secretary Edgardo J. Angara issued AO No.

1 -2000 (Amending Administrative Order No. 17- 1998) amending the
organizational structure of BAFPS abolishing the previous designation of two
(2) Assistant Directors This was replaced by one (1) Assistant Director under
which three (3) divisions were created, namely (1) Standards Development,
Harmonization and Promotion Division, (2) Standards Enforcement, Industry
Compliance and (3) Technical Services Division and Consumer Affairs and
Special Projects Division.
However, the latest version of its organizational chart approved by

the DBM in its letter of 16 March 2005 approving the staff complement of
BAFPS, the final three (3) divisions are Standards Development Division,
Laboratory Services Division and Technical Services Division. As of the end
of 2005, BAFPS had 11 personnel: one with permanent position (the
Director), 4 seconded from FIDA, 4 contractual (including a janitor), one each
seconded from BPI and BAI.
23. The organization and design of the BAFPS shall consider the existing
Philippine agriculture and fisheries product standards, the related functions and
powers of the various agencies and offices of the Department and other agencies of
government, including those provided under the Fisheries Code of 1998. On the
basis of the review the BAFPS Task Force referred to in Section 64 shall propose the
specific rules and activities of the BAFPS, and if necessary and appropriate, propose
how and when functions and their associated resources currently with other agencies
may be consolidated within the BAFPS. (Rule 61.3)
Status: The BAFPS Task Force was organized by Section 8, AO 6 - 1998

(the AFMA IRR) and was involved in the organizational phase of the BAFPS.
24. The BAFPS TF shall consult with the BFAR and the BAI on the appropriate
delineation of their respective functions in consideration of the provisions of the
Animal Welfare Act of 1998 and the Fisheries Code of 1998, as well as practical
considerations of the logistics, ease of administration, adequacy of budgets and
personnel and agency capability. Their agreements shall be embodied in
Departmental Amos jointly drafted by for the approval of the Secretary. In
collaboration with the appropriate agencies, the BAFPS shall have the following
powers and functions. (Rule 63.1)
Status: Sec. 6, AO 17 - 1998 reiterated the need for BAFPS to coordinate

with BFAR and PFDA. However, the relationship between BAFPS and BFAR
and PFDA has never been defined. BFAR insists that the Fisheries Code is
their operative law.
25. In addition to those from government agencies, the pool of experts shall also
include experts from the private sector and concerned industry associations, POs and
NGOs. (Rule 64.1)
Status: Sec. 71, AO 17 - 1998 provided that BAFPS shall coordinate, seek
the services of, and consult with both private and government agencies,
research institutes, educational establishments and such other individuals
and entities with expertise in the field of product standards and consumer
safety in view of the highly technical and legal expertise needed in the
standards, development and implementation. For standards
development/formulation, BAFPS coordinates with private and government
agencies through the Technical Committees which has representation from
industry stakeholders, Goes, and NGOs, research institutions and academic
institutions. BAFPS has yet to tap legal experts.
Under the World Bank-assisted Diversified Farm Income and Market

Development Project (DFIMP), BAFPS hired on February 13, 2006 Dr. Cecile
McMurray as Senior Technical Advisor to advise on strengthening safety and
quality assurance systems for market development. In particular, the
consultant worked on the institutional and physical strengthening of BAFPS
recognizing that the current system of control was not as effective as it should
be. Along with the international expert were two local exports, Domingo F.
Casaba and Dr. Maxima E. Flakier commissioned to work on Streamlining of
Quarantine Services of the Department of Agriculture and Development of

Rationalization Plan of the Department of Agriculture Regulatory Laboratory,
respectively.
26. The multi-sectoral BAFPS Task Force is hereby created to formulate the
design of the BAFPS. On or before July 30, 1998, the Department Assistant
Secretary charged with Regulatory and Consumer Services or another officer as
designated by the Secretary shall assume the chair of the BAFPS TF. The BAFPS
TF shall enable multi-sectoral consultations and the sharing of resources for the
organization and early operationalization of the BAFPS. The Chairperson of the
BAFPS TF is hereby authorized to draw resources from the concerned agencies such
as, but not limited to: BPI, BAI, LDC, NMIC, BFAR, NFA, NNC, FDC and BAR in
order to organize a secretariat for the BAFPS TF and the initial operations of the
BAFPS. (Rule 64.2)
27. The TF shall be appointed from the pool of experts by the Secretary upon the
recommendation of the TF Chairperson. The BAFPS TF shall prepare the terms of
reference, funding and manpower requirements of the BAFPS for approval by the
Secretary not later than September 30, 1998. (Rule 64.3)
28. Upon approval by the Secretary of the design an initial workplan of the
BAFPS, the BAFPS TF shall cease to exist. The pool of experts will, however,
continue to provide technical assistance to the Department on matters related to the
BAFPS. (Rule 64.4)
Status: The TF was activated to prepare the BAFPS terms of reference,

funding and manpower requirements and ceased to exist after that. Sec. 8,
AO 17 – S 1998 appointed the BAFPS TF to serve as BAFPS Advisory
Committee together with representatives of other government agencies and
the private sector. It was kept busy in the early days of the BAFPS’ existence.
I.C.2 BAFPS Powers and Functions
29. The coverage of the BAFPS shall include standards related to consumer
health and safety and efficient trade of raw, fresh, primary and secondary processed
agricultural and fisheries products, both food and non-food. On or before December
30, 1998 the Secretary, upon the recommendation of the BAFPS, shall issue a
Department AO specifying the full listing of the products covered by the BAFPS.
(Rule 62.1)
Status: A matrix on the delineation of functions between BAFPS and other

regulatory agencies under DA was submitted to DBM on 9 October 2003
based on the consultation meeting with DBM, COCAFM and DA-Personnel
Division. Similarly, a copy of the proposed delineation of functions between
BAFPS and BFAD-DOH was submitted to DBM on 12 December 2003.
BAFPS had deliberations on the listing of product coverage with BFAD and
few DA agencies but still DA has not issued an AO specifying the full listing of
the products covered by BAFPS.
Definition per DA Administrative Order No. 6, Series 1998 (Implementing Rules and
Regulations of RA 8435) dated 10 July 1998:
 “Fresh agricultural and fishery products” refers to agricultural and fisheries products
newly taken or captured directly from its natural state or habitat, or those newly
harvested or gathered from agricultural areas or bodies of water used for aquaculture
(e.g., fish sold fresh).
 “Primary processing” refers to the physical alteration of raw agricultural or fishery
products with or without the use of mechanical facilities (tuna sold as sushi, dressed
chicken).
 “Secondary processing” refers to the physical transformation of semi-processed
agricultural or fishery products (dried fish).
Source: Republic Act 8435
30. In collaboration with the appropriate agencies, the BAFPS shall have the
following powers and functions. (Rule 63.1)
30.a. To formulate and enforce standards of quality that will ensure human health
and safety and efficiency in the consumer consumption, marketing and trade
of agricultural and fisheries products, both for export and import. Enforcement
shall include the formulation and implementation of standards utilized in the
enforcement of quarantine relative to products for human consumption. (Rule
63.1.1)
30.b. Develop and implement in association with the Department, and Other
Departments, selected SUCs and LGUs, the codes of practice and guidelines
for the food safety and efficient trade standards in postharvest handling,
primary and secondary processing, packaging, labeling, advertising,
distribution and marketing of agricultural and fisheries products. (Rule 63.1.2)
Status: The MOA with other agencies defining aspects of product

standards and regulations required under AO 17, S 1998, Section 7.2 has not
been signed.
Notwithstanding the authorizations granted by AO 17 – Series

1998 for standards formulation and enforcement, BAFPS activities were
focused on standards formulation, mainly due to lack of resources, both staff
and budget. Standards development is in full swing mostly for plant products
and mostly voluntary and not mandatory standards.
BAFPS has finalized the following standards:
Product PNS Number

Anthurium PNS/BAFPS 23:2005 ICS 65.020.20
Banana (saba/cardaba) PNS/BAFPS 08:2004 ICS 65.020.20
Broccoli PNS/BAFPS 16:2004 ICS 65.020.20
Bulb onions PNS/BAFPS 14:2003 ICS 65.020.20
Cabbage PNS/BAFPS 17:2004 ICS 65.020.20
Calamansi/calamondin PNS/BAFPS 30:2006 ICS 65.020.20
Carnation, fresh PNS/BAFPS 02:2003 ICS 65.020.20
Carrot PNS/BAFPS 38:2006 ICS 65.020.20
Cauliflower PNS/BAFPS18:2004 ICS 65.020.20
Chrysanthemum (live flowering
PNS/BAFPS 03:2003 ICS 65.020.20
potted plants
Chrysanthemum (spray type) PNS/BAFPS 05:2003 ICS 65.020.20
Chrysanthemum (standard) PNS/BAFPS 04:2003 ICS 65.020.20
Coffee beans (green) PNS/BAFPS 01:2003 ICS 65.020.20
Corn, grits PNS/BAFPS 15:2004 ICS 65.020.20
Corn, shelled PNS/BAFPS 10:2004 ICS 65.020.20
Durian PNS/BAFPS 12:2004 ICS 65.020.20
Eggs (table) PNS/BAFPS 35:2005 ICS 65.020.20
Lettuce (head) PNS/BAFPS 19:2004 ICS 65.020.20
Mango (fresh) PNS/BAFPS 13:2004 ICS 65.020.20
Mangosteen PNS/BAFPS 31:2006 ICS 65.020.20
Orchid (spray type) PNS/BAFPS 06:2003 ICS 65.020.20
Organic Agriculture PNS/BAFPS 07:2003 ICS 65.020
Papaya PNS/BAFPS 33:2006 ICS 65.020.20
Pili nuts PNS/BAFPS 34:2005 ICS 67.080.10
Pineapple PNS/BAFPS 09:2004 ICS 65.020.20
Pummelo PNS/BAFPS 11:2004 ICS 65.020.20
Roses PNS/BAFPS 24:2005 ICS 65.020.20
Tomato PNS/BAFPS 26:2006 ICS 65.020.20
Virgin coconut oil PNS/BAFPS 22:2004 ICS 67.200.10
Standards for finalization include:
Product PNS Number

Bangus, boneless
Danggit
Nata de coco, raw PNS/BAFPS 32:2005 ICS 67.080.01
Organic fertilizer
Tilapia, fillet
Young coconut water, chilled PNS/BAFPS 28:2005 ICS 67.160.20
Standards in different stages of consultation include:
Product PNS Number

Coco Coir
Meat cuts
Milk, fresh PNS/BAFPS 11:2004 ICS 65.020.20
Rice
BAFPS also developed the “Code of Hygienic Practice for the Sale
of Fresh Agriculture and Fisheries Products in Markets and Authorized
Outlets” and “Guidelines for the Certification of Good Agricultural Practices for
Fruits and Vegetables Farming”.
30.c. Assist government offices and agriculture and fishery enterprises to establish
the scientific basis for domestic food safety and nutrition standards and codes
of practice and the alignment of these with internationally accepted standards
and practices. (Rule 63.1.3)
Status: Local experts from the members of the Technical Working Group
of Corn Quality Management from PHTRC, NFA, BPRE, BAI and BFAD were
tapped to conduct trainor’s training on the prevention and control of aflatoxin
in 2005.
30.d. Coordinate with government offices and agriculture and fishery enterprises to
develop an early-warning system on developments and trends in international
food safety and nutrition standards and codes of practice, to enable adequate
domestic adjustment in these. (Rule 63.1.4)
Status: BAFPS has no activities related to this function.

30.e. Ensure the participation of representatives of all affected parties, both

government and non-government in the formulation of agricultural and fishery
product standards and codes of practice for commodity and food safety and
efficient trade. (Rule 63.1.5)
Status: BAFPS established Technical Committees and Task Forces with

participation from both government and non-government sectors in the
formulation of standards and codes of practice (including international
standards. Special Orders 411, S 2001 and 96 – Series 2002 were issued for
the purpose.
30.f. Establish and maintain, in collaboration with the NIN and the appropriate
research institutions and SUCs, the database, Management Information
System (MIS) and M&E, and research on commodity and food safety and
nutrition standards. (Rule 63.1.6)
Status: Collaboration with NIN on establishing and maintaining database is

on-going.
30.g. Rule 63.1.7 Conduct product testing, surveillance and inspection of food
handling, processing and storage facilities, including abattoirs, fish ports and
landing areas and markets, for compliance with approved standards and
codes of practice, and establish and operate testing centers and research
laboratories for this purpose. (Rule 63.1.7)
Status: BAFPS conducts inspection only of markets and abattoirs.
30.h. Rule 63.1.8 Establish an inspection and certification system including third
party accreditation and a professional Certification System for commodity
standards professional to ensure cost-effective implementation of standards
and codes of practices. (Rule 63.1.8)
Status: BAFPS conducts first party certification scheme for Good

Agricultural Practices (GAP) and third party accreditation for organic
agriculture.
30.i. In collaboration with the Department PAS, provide organization and

manpower expertise to ensure effective preparations and background for
government participation in the deliberations on international food standards,
including those related to the WTO, SPS), FAO, WHO, Codex Alimentarius
Commission (CAC), the Office Internationale des Epizootics, the International
Plant Protection Convention (IPPC) and other international bodies formulating
international food safety and efficient trade standards, and, subject to the
direction of the Secretary, be responsible for government participation in the
deliberations of the above international bodies. (Rule 63.1.9)
Philippine National Codex Committee
The Codex National Committee was established under the Joint Department
Administrative Order No. 1, S 2005 (DA) or No. 2005-0028 (DOH) signed between the
Department of Agriculture and Department of Health on 25 th November 2005. This
JDAO was established pursuant to the Codex Asian Regional Guidelines which provides
that each member-country must establish an NCC primarily to advise governments on
the implications of various standardization and food control issues which have arisen
and are related to the work undertaken by the CAC and to support the work of the
Codex Contact Point.
The NCC is composed of (1) Executive Committee, (2) Technical Committee, and
(3) Sub-Committees and Task Forces. The NCC is composed of government agencies,
non-government organizations, and the industry sector with an interest in the nature and
content of Codex texts. It includes food control agencies, scientific and technical
institutions, trade bodies, consumers, farmer organizations, and food manufacturers.
The BAFPS shall be the National Secretariat of the NCC. In the initial operation, the
National Agricultural and Fishery Council (NAFC) Fisheries and Aquaculture Section
(FAS) shall act as interim Secretariat in coordination with BAFPS.
The objectives of the NCC are:
 To provide a mechanism for integrating Codex decisions and activities into the
programs of food control agencies, and those of other government and non-
government organizations with responsibility to ensure the safety of foods;
 To ensure that Codex food standards, guidelines, codes of practice and other
recommended measures reflect national interests and local capabilities and do
not hinder food trade;
 To serve as a venue for government agencies, non-government organizations,
and industry associations, to work together in the development of country
positions on pertinent Codex issues, and in the evaluation and dissemination
of Codex texts; and
 To institutionalize the establishment of technical expertise for cost-efficient and
effective country participation in Codex meetings.
The expected outputs of the NCC are:
 Identified priority Codex issues and country positions on these issues;
 Scientific database in support of country positions;
 A mechanism for facilitating the integration of relevant Codex decisions into
the national food standards and food safety control programs;
 An integrated work plan and budget for the generation of scientific data,
preparation of country positions, and for effective participation in Codex
activities;
 A National Codex Information System (NCIS);
 Selection of appropriate technical expert/s in the country delegation to Codex
meetings.
Source: Joint Department Administrative Order No. DA-01 and DOH 2005-0028, S 2005
Status: BAFPS role in providing organization and manpower expertise

to ensure effective participation in Codex Alimentarus Commission meetings
is minimal. This function is performed by the newly organized Philippine
National Codex Committee (NCC) which is temporarily housed in NAFC and
exists with a small budget support from NAFC, BAFPS, DA agencies and
DOH agencies. The critical NCC activities - - government and private sector
collaboration in the development of country positions on pertinent Codex
issues, and in the evaluation and dissemination of Codex texts;
establishment of technical expertise for cost-efficient and effective country
participation in Codex meetings; and participation in Codex Committee
meetings - - are not funded. BAFPS should be host and Secretariat of the
NCC, but it is not.
30.j. Serve as the Philippines’ National Enquiry Point for SPS and other food safety
and standards concerns. (Rule 63.1.10)
Status: BAFPS performs this function but needs to improve especially with
respect to the timely transmission/submission to CAC of the Philippine
position on standards issues as well as dissemination of information on
meetings as well as standards.
30.k. Determine and implement, in collaboration with the appropriate offices and
entities, the recall from the market of commodities that are determined to be
unfit for human consumption. Provided, that confiscated commodities are to
be destroyed. (Rule 63.1.11)
Status: No recalls have been implemented
30.l. Levy and collect fees for its inspection, testing and certification services.
Provided further, that such fees shall be managed under a BAFPS revolving
fund, proposed by the Department to the DBM to be created in the 1999
Appropriations Act. (Rule 63.1.12)
Status: No revolving fund was created in the 1999 Appropriations Act.

II. FINDINGS AND ANALYSIS
II.A AFMA PSCS and the Philippine Agriculture and Fishery Safety and
Quality System
31. The Philippine agriculture and fisheries safety and quality system is
characterized by numerous government units that have overlapping and
uncoordinated standards formulation and enforcement functions. (Table 4) There
are gaps despite the overlaps. The system is generally inefficient and reactive. It
appears to prioritize food export issues. And based on the recent cases of foodborne
illnesses and deaths, the system is not working. For example, the fisheries sector
was forced to be serious in certification of fish manufacturing plants, especially the
HACCP approach when the United States Food and Drug Administration imposed
this requirement of all facilities for its products to be allowed entry into the United
States. More recently, the European Union issues, also on fishery products, forced
the BFAR undertake serious system overhaul (i.e., organizational and procedural
adjustments), albeit unsuccessfully, mainly to comply with the import requirements
and be recognized as a Philippine “competent” authority. However, there are well-
known accomplishments of the DA in the areas of control of foot and mouth disease
and the prevention of the Avian Influenza Virus infection, the control of mango pulp
weevil infestation, the regulation of the use of chlorpyrifos in mangoes, among others.
The DA should be commended for its role in making the Philippines the only
significant poultry producer that has not been affected by the pandemic.
32. The government has not appropriated funds for PSCS. The AFMP for 2000-
2004 did not contain such a budget line item. The only funding AFMA got were the
salaries of the Director and personnel detailed from other DA agencies. BAFPS was
fortunate to have been granted funding support by the DA commodity program.
Budget has not been made available for even the basic requirements of hiring
qualified personnel; procurement of adequate facilities and their operation, including
laboratories and equipment; research, training and information collection and
dissemination activities; and participation in international fora on food safety.
33. AFMA was an attempt to integrate the agriculture and fisheries safety and
quality control system into one organization. Government was determined to achieve
effective collaboration and coordination among agencies across the entire food or
supply chain through the establishment of BAFPS. AFMA is indeed headed in the
right direction. However, DA needs to make significant progress in food safety and
quality and consumer protection. The fragmented food supply chain and large
numbers of small producers involved in food chain increases the risk of food
exposure to unhygienic environments, contamination and adulteration. The continuing
poor posharvest handling, processing and storage of food by the small businesses
caused by lack of appropriate facilities and knowledge and expertise in technology
application pose problems.
Table 4
DEPARTMENT OF AGRICULTURE AGENCIES AND THEIR RESPONSIBILITIES1
LI Reg. Res.
AGENCY FOCUS REG INSP ACC CERT
C LAB LAB
Bureau of Agriculture and BAFPS Raw, primary- and secondary-   

Fisheries Product processed agriculture and fisheries
Standards products
Bureau of Animal Industry BAI Quarantine - Live animals (and milk)      
includes Veterinary Service,
Vaccines, Aflatoxin in animal feeds
National Meat Inspection NMIS Meat2 and meat products    
Service
Sugar Regulatory SRA Focuses on Sugar and Sugar     
Administration products
Bureau of Fisheries and BFAR Quarantine – live fish and their      ?
Aquatic Resources primary products canned tuna and
frozen products
Bureau of Plant Industry BPI Quarantine – fresh agricultural crops      
and seeds testing and certification –
pesticide residues (MRLs)
Fertilizer and Pesticide FPA Licensing of premises and products –    
Authority formulation of MRLs
Fiber Industry FIDA Fiber crops but excluding cotton
   
Development Authority
1 1
Adapted from Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture and Fisheries Product Standards.
Technical Report. Diversified Farm Income and Market Development Project. DA/World Bank. Feb. 2006.
2 2
BFAD-DOH has related responsibilities.
LI Reg. Res.
AGENCY FOCUS REG INSP ACC CERT
C LAB LAB
Cotton Development CODA Cotton and cotton fiber
   
Authority
Philippine Coconut PCA Coconut and coconut products
    
Authority
National Food Authority NFA Markets and Marketing (Rice and
    
Corn)
Food Development FDC- All food products
 
Center, NFA NFA
National Tobacco NTA Tobacco growing – dried leaves
   
Authority
Bureau of Post harvest BPRE All products, especially rice and corn
 
Research and Extension
Food Development FDC – All food products
  
Center – NFA NFA
Industrial Technology ITDI – Processed food products
  
Development Institute – DOST
DOST
Legend: REG-Regulatory powers; LIC-Licensing powers; INSP- Inspects; Reg LAB- Laboratory carrying out regulatory functions; Res LAB-
Laboratory for carrying out Research: ACC-Powers for Accreditation; LIC- Licensing power; CERT- certifies.
II.B. AFMA PSCS and Its Implementation
34. The enactment of AFMA with its promise of substantial funding in addition to
the DA regular budget, and the creation of BAFPS did not help improve the agri-
fisheries safety and quality system or provide adequate support for its efficient
operation. The creation of BAFPS also fostered a divide especially among the DA
standards and regulatory agencies. It was perceived as a threat to the other
agencies especially because the specific product coverage and functions with regard
to standards formulation and enforcement or regulation were not provided. In fact the
IRR even made it more tenuous when it elaborated on the functions that were clearly
within the purview of the other agencies. AFMA’s prescription was like
“superimposing” BAFPS in the existing agriculture and fisheries quality and safety
system in the DA and in other agencies.
35. It is lamentable that strongest resistance to BAFPS was shown by the DA

agencies. Instead of collaborating, cooperating and accepting BAFPS with a possible
unique supportive role, the agencies did not accept the delineation of functions. Most
agencies use the existing powers and authorities given by the laws and orders which
created their agencies. It is amazing how the tug of war persists to this day even
though BAFPS is directly under the Office of the Secretary.
36. To make matters worse, BAFPS was never appropriated a budget since 1998.
BAFPS was added to the list of government agencies involved in food quality and
safety that could not be and have not been effective primarily because of lack of
budget despite AFMA’s commitment for increased funding for the agriculture sector
and the DA’s operations. Within the 7 years of the life of AFMA, BAFPS was never
really operationalized. Until recently, BAFPS was severely handicapped with a small
office space with limited office furniture, and 7 staff. Its operations practically
depended on funding from the DA rice, corn, high value, and livestock programs. The
failure of BAFPS to obtain approval of the staffing and budget for both personnel and
operations is the principal reason for the very much delayed operationalization of
BAFPS, and failure to fulfill all its functions.
37. Even with the approval of the 17 positions and the recruitment completed, the
fate of BAFPS largely depends on the outcome of the studies on the rationalization of
the DA. The interim measure suggested by DBM is for BAFPS to be lodged in the
Office of the Secretary, specifically under the Office of the Undersecretary for Staff
Operations, as part of the General Administration and Support Services since it has
not been included in the AFMA. In the meantime, BAFPS activities will remain limited
until the DA complies with the requirements by the DBM.
38. The current responsibilities or mandate of BAFPS are not realistic and not
achievable. The mechanism for the implementation of BAFPS mandate is
unworkable. An analysis of the current authorization or mandate and configuration
conducted by Dr. McMurray showed that they are not achievable and not
appropriate17. Dr. Mc Murray pointed out that BAFPS should not be an implementing
17
Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture
and Fisheries Product Standards. Technical Report. Diversified Farm Income and Market
agency, but a policy setting body with oversight function and the power to scrutinize
that the policies/standards are being implemented satisfactorily throughout the
Philippines. Policy should be separate from implementation in accordance with the
requirements of current international best practice. BAFPS should not be responsible
to perform a policy function (i.e., formulation of standards) and an implementation
function (i.e., enforcement of standards) at the same time.
II.C Stakeholders Views on AFMA PSCS
39. As part of the review, the team held workshops and conducted a survey of key
informants in 16 regions of the country to elicit comments on the AFMA benefits to
the different agricultural based industries and feedback regarding the priorities of the
law
II.C.1 Regional Workshops
40. The regional workshop participants were divided into relevant commodity
groupings. Each group was asked to assess the general impact, implementation and
budget of the PSCS, giving the reasons for the rating; identify the major issues and
concerns; and propose budget allocation for the component. The workshop outputs
reflect the general lack of awareness and understanding of product quality and safety
control. The participants are also generally unaware of the AFMA PSCS component
and BAFPS and its powers and functions. Those who are aware of BAFPS
questioned the capability of BAFPS given its delayed operationalization and lack of
personnel. Nevertheless participants expressed satisfaction with well-known and
recent activities of BAFPS and other related agencies (BPI and BFAR) such as,
efforts on detection and control of aflatoxin and other mycotoxins, red tide monitoring,
HACCP training in the fisheries sector and BAFPS standard setting activities and
consultations.
General Impact of Product Standardization and Consumer Safety
41. Table 5 shows that the AFMA PSCS had generally moderate impact across
commodity groups.
Abaca and Coconut. Region 4B is the rater for these commodities.

Participants from this region agree that the AFMA PSCS Component had high
impact on coconut industry (particularly virgin coconut oil, copra and coir), but
only moderate impact on abaca industry. Coconut producers and processors
are aware and conscious about product safety. There was also increased
demand by consumers for high quality coconut products, e.g., virgin coconut
oil. This may be an effect of the series of seminars and consultations
conducted by BAFPS and PCA in connection with the formulation of VCO
standards. Unlike the coconut industry, the abaca industry was only
moderately affected by the PSCS. Standards are used only in the exporters’
Development Project. DA/World Bank. Feb. 2006.

grading and baling facilities and not by the producers at the harvest and
postharvest points of the supply chain.
Table 5
Stakeholders’ Assessment of AFMA Product Standardization and Consumer
Safety General Impact
8 Low None Moderate Moderate None
9 Moderate Moderate Moderate Moderate
10 Moderate Moderate Low None
11 Moderate None Low
12 Low Low Moderate Moderate
CARAGA Low Moderate Low
ARMM None Low None Moderate
Most
Low/
Frequent Moderate Low Moderate Moderate High Low Moderate
Moderate
Response
Note: Blank cell means either no discussion group for the commodity group was formed or no response.
“None” means no impact.
Corn. Five out of 11 regions (Regions 3, 4A, 4B, 6, and 9) represented in the
workshop are convinced that the AFMA PSCS had a moderate impact on the
corn industry. The main reason for this rating is the conduct of a series of
consultations and training of farmers, livestock raisers, Agricultural
Technicians and other LGU agriculture personnel on prevention, detection and
control of aflatoxin and other mycotoxins contamination. The five regions
appreciated the consultations and demands for more of such training to cover
more LGU personnel and more areas. On the other hand, respondents were
concerned about the failure to operationalize BAFPS, the capability of BAFPS
personnel to perform their functions, and the lack of field services by BAFPS
since it has no field office. Participants from said 5 regions also want BAFPS
to fast track the preparation of standards for corn and corn products. Regions
1 and ARMM participants agree that PSCS had no impact since the PSCS
was not implemented in Region 1, while ARMM participants said the
production program in that area focused on rice and not corn.
Grains. More than half of the regions represented (CAR, Region 12 and
CARAGA) rated the PSCS implementation impact on the grains sector low.
CAR participants did not feel AFMA PSCS. They gave importance to
harmonizing the Philippine standards with international standards and the
enforcement of these standards. They resent the fact that traders dictate
quality standards. Region 12 participants did not believe that farmers got any
benefits from the PSCS implementation. Farmers still have no awareness of
standards, and are, therefore, not adopting them. For CARAGA Region
participants, lack of awareness of standards, lack of testing facilities and
equipment (especially moisture tester, and lack of posharvest facilities are the
reasons why they believe the PSCS did not make a difference in the grains
industry. Region 10 and Region 11 participants agreed that farmers are not
aware of standards and those who know do not apply the standards.
Although NFA applies standards on moisture content and purity, it cannot
influence producers to adopt standards except when they sell to NFA. The
fact is farmers do not always sell to NFA. Some participants complained that
NFA is too strict when evaluating the quality of the farmers’ grains offered to it.
Rice. Participants from Regions 4A, 5, 7 and 9 were convinced that the AFMA
PSCS had moderate impact on the rice sector. Some farmers said they are
not aware of standards. Those who know the standards are not strictly
following them. Even improved milled rice sold does not meet the 97% purity
requirement. Improper spraying can be a possible health hazard.
An equal number of regions (1, 3, 6 and ARMM) agreed on the low impact of
the PSCS. Participants find NFA’s enforcement of standards lax, while
producers know little about standards, and therefore do not implement them.
Region 6 participants are happy with the implementation of Integrated Pest
Management (IPM) and organic rice production. However, they raised the
issue of the lack of information dissemination on organic farming, and the
absence of an organic farming certifying body at the local level.
Fisheries and Aquaculture. The majority of regions gave AFMA PSCS a

moderate impact rating for a variety of reasons. For Region I, municipal
ordinance on fisheries exist but are not strictly implemented. Consumer
information dissemination is not implemented well. Region 2 participants
pointed out the public misinformation on the quality and safety of fishery
products, unsanitary processing of some products (e.g., corroded bagoong
containers, and filthy fish boiling vats in the processing of smoked fish), lack of
control on the use of food colors and other additives, and the failure of LGUs
to implement product standards and food control due to lack of capability are
manifestations that the PSCS is not making a good impact. Region 4A
pointed out a lot of good things but still rated the PSCS impact moderate.
These are: standards are in place; GMP and HACCP are used for quality
assurance; and assistance on accreditation is provided. On the other hand,
Region 5 participants believe that PSCS deserves the moderate impact rating
because of: lack of awareness on product standards and consumer safety,
absence of monitoring and surveillance due to lack of personnel, and
politically influenced implementation of PSCS18 are some of the reasons for
Region 5’s rating. Region 8’s reasons for the “moderate” rating are: selective
implementation of standards, absence of fish inspection prior to sale (spoiled,
and fish caught using cyanide continue to be sold), lack of qualified personnel
to do inspection in the municipality, and use by buyers of standards other than
BFAR’s. Region 9 is contented with the availability of standards, quality
control services and training. The good red tide monitoring is the only positive
feedback for Region 10.19 Region 10 has a number of issues, namely:
limited implementation of food control, lack of equipment and qualified
18
No clarification is available in the transcripts of the workshop reports.
19
Note that BAFPS is not involved in red tide monitoring.
personnel for cyanide and formalin tests, lack of inspectors, absence of quality
control in hatcheries, LGUs failed to implement food control measures, lack of
political will to enforce standards, and lack of standards for processed fishery
products. Lack of government fish inspection is the only reason for the
“moderate” rating given by CARAGA Region.
High Value Commercial Crops. Five regions agreed that PSCS has a low
impact on HVCC. Region 2 has limited awareness of standards. The
activities implemented in the Region were not identifiable with AFMA PSCS.
Region 3 participants believe that BAFPS has not really been operationalized
mainly because it had no staff. In Region 4, they were not aware of the
existence of BAFPS and agriculture and fisheries products standards. BAFPS
was considered an infant agency by Region 5. The standards formulated are
limited and the compliance with available standards is low. The public has
limited awareness of the standards and consumer safety issues.
Livestock and Poultry. Of the 15 regions which gave ratings, six gave
“moderate” impact rating. Region 3 indicated that the inadequate budget and
untimely release prevented the formulation of standards for processed meat.
Region 4A is concerned that standards and regulations are not enforced, and
standards are not harmonized with international standards. As far as Region
5 is concerned, implementation of PSCS activities should be improved,
particularly the determination of aflatoxin in feeds and biologic residues. In
Region 9, improvements are needed in the packaging and labeling of meat
and meat products. Region 12 adopts standards and there are regular
training on standards, and regular inspection is conducted for accreditation. In
ARMM, NMIS rules and regulations are strictly enforced, e.g., standards for
Halal slaughtering. However, there are concerns about the prevalence of
backyard slaughtering, improper labeling of products, and improper handling
of live animals transport to markets.
Budget Allocation for Product Standardization and Consumer Safety
42. Almost all the regions agreed that PSCS had inadequate budget allocation
(Table 6). A few regions believed that it was more appropriate to give a “none”
(meaning no budget) response considering that there was really no AFMA budget
allocated if budget incremental to the DA regular budget was considered. The
participants feel that the PSCS budget was not enough for fundamental activities that
would make a difference to the agriculture and fisheries sector as envisioned by
AFMA. Funding was needed for the implementation and expansion of start-up
activities, such as: standards formulation for many products; information
dissemination and promotion of standards adoption; monitoring and enforcement;
consultation and training on quality and safety assurance measures (e.g., detection
and control of aflatoxin, GMP, HACCP) for producers, processors, LGU Agriculture
Staff, and consumers; set-up or upgrade of facilities and equipment for laboratory
testing and make these services accessible; laboratory maintenance and operating
expenses; and BAFPS and LGU personnel and personnel capability building.
Table 6
Stakeholders Assessment of AFMA Product Standardization and Consumer Safety
Budget Allocation
8 Inadequate None Inadequate Inadequate None
9 Inadequate Inadequate Inadequate Inadequate
10 Inadequate Inadequate Inadequate
CARAGA Inadequate Inadequate Inadequate
ARMM Inadequate Inadequate Inadequate Inadequate Inadequate
Most
Frequent Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate Inadequate
Response
Note: Blank cell means no discussion group for the commodity group was formed or no response.
“None” means workshop participants believe no budget was allocated.
Implementation of Product Standardization and Consumer Safety
43. Five of the eight commodity groupings across all regions agree that the
PSCS implementation was poor (Table 7). The reasons for this rating are practically
the same as the reasons of the budget rating. Participants in the workshops made
special mention the consultations and training for the detection and control of
aflatoxin (especially in corn) that were started in 2005 by the Corn Program. For
fisheries and aquaculture sector, red tide monitoring is quite well-known and
appreciated.
Table 7
Stakeholders’ Assessment of AFMA Product Standardization and Consumer Safety
Implementation
8 Poor None Poor Fair None

9 Fair Good Good Fair
10 Poor Poor Poor Poor
11 Fair Poor/Good Poor
12 Poor Poor Poor Fair
CARAGA Poor Fair Fair
ARMM Poor Poor None Fair
Most
Frequent Poor Poor Poor Poor Fair Good Poor Fair
Response
Note: Blank cell means no discussion group for the commodity group was formed or no response.
“None” means the participants were not aware of any implementation that took place.
Priority Focus for Intervention and Proposed Budget Allocation
44. The priorities for intervention spans the AFMA mandated functions of BAFPS,
including: fast track standards formulation for agriculture and fisheries products, both
fresh and processed; enforcement of standards and regulations; standards promotion
among producers, marketers and processors; information and training for producers,
marketers and processors; consumer education; and provision of accessible
laboratory testing facilities (Table 8). However, there is also a call for the review of
BAFPS’ mandate; the operationalization of BAFPS, including its presence in the local
level; and the activation of the LGUs’ role in the inspection system.
45. The overall average budget allocation proposal for PSCS is 5.57%, besting
only Information Support, Trade and Other Services Components. Of the seven
commodity groups, livestock, fisheries, and HVCC have the highest PSCS
intervention requirement, proposing the highest budget allocation ranging fro 7 –
7.6%. This is probably because of the export/import orientation of these
commodities.
Table 8
Stakeholders' Assessment of AFMA Product Standardization and Consumer Safety:
Priority Focus for Intervention and Proposed Budget Allocation
PROPOSED BUDGET
PRIORITY FOCUS FOR INTERVENTION ALLOCATION (% of AFMA
Budget)
Corn (11 Regions)

BAFPS needs to finalize quality standard for corn & consumer
3.7%
safety
Set policy to allow DA to revolve the proceeds from aflatoxin
examination/analysis for the procurement of reagents and
other laboratory supplies
Grains (5 Regions)
None 3.0%
PROPOSED BUDGET
PRIORITY FOCUS FOR INTERVENTION ALLOCATION (% of AFMA
Budget)
Rice (11 Regions)

None 2.8%
Fisheries (16 Regions)
Formulation of standards for products. 7.2%
HACCP training of producers and processors.
Information campaign on consumer safety among producers
and consumers.
Strict enforcement of product standards.
Provision of laboratories in strategic places.
Training of stakeholders on product quality and safety.
Ensure quality fishery products in preparation for export
trading and ensure consumer safety.
Competent manpower from BFAR.
Finish standards proposed by the National Seaweeds
Development Program (NSDP).
Set-up BAFPS in the region.
Table 8. Cont’d
HVCC (14 Regions)

Information dissemination and enforcement of standards. 7.0%
Laboratory facilities.
Full operationalization of BAFPS.
Upgrading of needed laboratory facilities for accredited methods of analysis (High
Performance Liquid Chromatography, Atomic Absorption Chromatography, and Gas
Chromatography.
LGUs to regularly monitor fertilizer and pesticide residues for fruits and vegetables

following meat inspection system.
Strict enforcement of the food labeling laws.
Livestock & Poultry (15 Regions)
Impose sanctions to violators (users and vendors) for dispensing biologics. 7.6%
Strictly implement/enforce existing policies and product standards.
Review BAFPS mandate.
Strengthen; provide budget and facilities from national and local governments.
Craft comprehensive program on product standardization.
Intensify information dissemination through tri-media.
Strict enforcement of product standards for meat and meat products by LGU.
Budget allocation for product standards.
Upgrade and utilize existing lab facilities for antibiotic and chemical residues.
Define standards.
Provide complete facilities and equipment.
Abaca (Region IVB)
None. 5.0%
Coconut: VCO, Coir, Copra (Region IVB)
None. 5.0%
II.C.2 Survey of Producers’ Groups
46. Producers groups were selected from among the AFMA regional workshop
participants. They were requested to fill-out the questionnaire on the respondents’
awareness of the PSCS component, BAFPS and its mandate. A total of 181
respondents representing 16 regions participated in the survey. (Tables 9A-9E and
Tables 10A-10C)
47. In all regions of the country, less than a third of the respondents are satisfied
with the AFMA PSCS (Table 9A). More than half of the respondents from Regions 11
and 12 were satisfied with the PSCS. In contrast, CARAGA and ARMM had the least
satisfied respondents. Those who are not satisfied make up less than a fourth of the
respondents. Very few were very satisfied and represented only three regions (2, 9,
and ARMM). Less than half of the respondents did not know or could not answer
probably because they were unaware of this AFMA component.
Not Satisfied Satisfied Very Satisfied Don't Know No Answer Total
% % % % % # of Responses
1 27 36 36 11
AFMA CAREXPERTS’ REVIEW 57: PRODUCT
43 STANDARDIZATION AND CONSUMER SAFETY 7
2 12 18 6 41 24 17
3 25 25 25 25 8
4A 30 40 30 10
4B 14 29 Table 9A 57 7
5 13 Survey 40of Producers’ Associations: 47 15
6 Satisfaction39 33 Product Standards, Quality and Safety.
with Current 28 18
7 33 17 50 6
8 22 11 67 9
9 43 14 43 7
10 37 37 5 21 19
11 11 56 22 11 9
12 11 56 22 11 9
CARAGA 25 6 69 16
ARMM 8 8 15 31 38 13
All Regions 23 30 2 12 33 181
Note: Totals may not add-up due to rounding off.
Table 9B
Survey of Producers’ Associations: Awareness of existence of BAFPS
Yes No Don't Know No Answer Total

Region
% % % % # of Responses
1 91 9 11
CAR 43 43 14 7
2 6 59 29 6 17
3 13 75 13 8
4A 30 50 10 10 10
4B 71 29 7
5 27 47 7 20 15
6 28 61 11 18
7 33 17 50 6
8 33 22 11 33 9
9 43 29 29 7
10 32 47 21 19
11 22 67 11 9
12 22 67 11 9
CARAGA 31 44 25 16
ARMM 8 62 31 13
All Regions 25 51 13 10 181
48. More than half of the respondents do not know that BAFPS exist, while a
fourth were aware (Table 9B). Awareness of BAFPS was highest among Region 4B
respondents. On the other hand, three quarters of the Region 3 respondents were
unaware of BAFPS.
49. Of those who knew about BAFPS’ existence, only a little more than half were
aware of is functions and target accomplishments (Table 9B). More than two thirds of
the respondents do not know the functions and the target accomplishments of BAFPS
(Table 9C).
50. Less than on tenth of the respondents know of standards that have been
formulated by BAFPS or other government agencies (Table 9C). Close to two thirds
have no awareness of the Philippine standards.
Table 9C
Survey of Producers’ Associations: Awareness of BAFPS functions and target
accomplishments

Region
1 9 82 9 11
CAR 29 43 29 7
2 71 24 6 17
3 13 75 13 8
4A 30 40 10 20 10
4B 14 57 29 7
5 27 53 20 15
6 6 78 17 18
7 33 67 6
8 56 11 33 9
9 14 86 7
10 16 68 16 19
11 11 78 11 9
12 22 67 11 9
CARAGA 19 63 19 16
ARMM 8 62 31 13
All Regions 14 66 12 8 181
51. The respondents are even less aware of the standards that are being
enforced by BAFPS or other government agencies (Tables 9D and 9E). Less than
one tenth of the respondents are aware of the standards enforced, while more than
two thirds are not aware.
Table 9D
Survey of Producers’ Associations: Awareness of the Standards that have been
Formulated by BAFPS and other Government Agencies

Region
1 82 18 11
CAR 14 71 14 7
2 71 24 6 17
3 13 75 13 8
4A 10 50 40 10
4B 14 57 29 7
5 13 60 27 15
6 11 78 11 18
7 17 83 6
8 56 11 33 9
9 29 57 14 7
10 5 74 21 19
11 11 67 22 9
12 11 67 22 9
CARAGA 6 13 81 16
ARMM - 62 38 13
All Regions 8 63 20 8 181
Table 9E
Survey of Producers’ Associations: Awareness of the Standards that are being
Enforced by BAFPS or other Government Agencies
Region
1 73 27 11
CAR 14 57 29 7
2 65 29 6 17
3 88 13 8
4A 10 50 10 30 10
4B 29 57 14 7
5 20 60 20 15
6 17 72 11 18
7 100 6
8 56 11 33 9
9 43 57 7
10 68 32 19
11 11 78 11 9
12 11 78 11 9
CARAGA 69 31 16
ARMM 62 38 13
All Regions 7 67 18 8 181

52. The lack of awareness was evident in the responses when asked to
enumerate standards they know, the agencies that have formulated standards and
agencies that enforce standards (Tables 10A – 10C)). For example, some
respondents appear to be confused with some of the buzz words they hear (e.g.,
GMP, HACCP, and ISO), identifying them as standards.
Table 10A
Survey of Producers' Associations: Awareness of Specific Product Standards that
have been Formulated by BAFPS and Other Government Agencies
Region Specific Product Standards

Size standards for flowers
Corn
CAR
Rice
Banana
Meat packaging Grains
Region 2 Hybrid seeds Livestock products
Inbred seeds
GMP
Region 3
HACCP
Pili nut standards
Region 5 CODEX
Identification of aflatoxin in fuels
Chlorpyrifos maximum residue level accepted in Japan and USA
Region 6
Cypermethrin maximum residue level accepted in Japan and USA
Vegetable Poultry
Region 7 Egg Corn
Rice
HACCP CODEX
Region 9
ISO GMP
Pesticide residues Abaca
Size and quality standards Vegetables
Insecticide residue Mangoes
Region 10
Soil-less growing Tuna
Banana Pineapple
Coconut Rice
Rice Mango
Region 11 Banana Pineapple
Coconut
Region 12 Banana Rubber
Table 10B
Survey of Producers' Associations:
Awareness of Specific Government Agencies that have Formulated Standards
Region Government Agencies that Have Formulated Standards

BAFPS DOST
Region 5
FIDA BFAD
Region 6 Philippine Quarantine Service
Region 9 DTI BPS
Table 10C
Survey of Producers' Associations
Awareness of Specific Government Agencies that are Being Enforcing Standards
Region Government Agencies Enforcing Standards

BAI
Region 5 BFAR
BPI
II.D Important Issues and Global Developments in Food Safety, Quality,

Control and Consumer Protection
Food Safety, Quality and Consumer Protection20, 21
53. Food safety may defined as all conditions and measures necessary during
the production, processing, storage, distribution and preparation of food to ensure
that when eaten, it does not present an appreciable health risk. Food safety implies
absence or acceptable levels of contaminants, adulterants, naturally occurring toxins
or any other substance that may make food injurious to health on an acute or chronic
basis.
Food quality can be considered a complex characteristic of food that determines its
value or acceptability to consumers. Food quality is about all positive or negative
attributes that influence the value the consumer gives on the product. This includes
positive attributes such as the origin, color, flavor, texture, nutritional content and
processing method of the food; and negative attributes, such as spoilage,
contamination with filth, discoloration, and off-odors.
Considerations of Food Safety
20
Adapted from: Assuring Food Safety and Quality: Guidelines for Strengthening National
Food Control Systems. FAO/WHO. Rome .2003
21
Committee on World Food Security, 25th Session Report, May-June 1999).
 Food safety is an essential public health issue for all countries. Foodborne
diseases due to microbial pathogens, biotoxins, and chemical contaminants in
food represent serious threats to the health of thousands of millions of people.
 The integration and consolidation of food industries and the globalization of the
food trade are changing the patterns of food production and distribution. Food
and feed are distributed over far greater distances than before, creating the
conditions necessary for widespread outbreaks foodborne illness.
 Increasing urbanization leads to greater requirements for transport, storage
and preparation of food. In developing countries, food is often prepared by
street vendors. In developed countries, up to 50% of the food budget may be
spent on food prepared outside the home. All these changes lead to situations
in which a single source of contamination can have widespread, even global
consequences.
 Globalization of the food trade offers many benefits to consumers, as it results
in a wider variety of high quality foods that are accessible, affordable and safe,
meeting consumer demand. The global food trade provides opportunities for
food-exporting countries to earn foreign exchange, which is indispensable for
the economic development of many countries. However, these changes also
present new challenges to safe food production and distribution and have been
shown to have widespread repercussions on health.
 Food safety programs are increasingly focusing on farm-to-table approach as
an effective means of reducing foodborne hazards. This holistic approach to
the control of food-related risks involves consideration of every step in the
chain, from raw material to food consumption. Hazards can enter the food
chain on the farm and can continue to be introduced or exacerbated at any
point in the chain.
 Although significant progress has been made in many countries in making food
safer, thousands of millions of people become ill each year from eating
contaminated food. The emergence of increased antimicrobial resistance in
bacteria causing disease is aggravating this picture. The public is increasingly
aware of the risks posed by pathogenic microorganisms and chemical
substances in the food supply. The introduction of new technologies, including
genetic engineering and irradiation, in this climate of concern about food safety
is posing a special challenge. Some new technologies will increase
agricultural production and make food safer, but their usefulness and safety
must be demonstrated if they are to be accepted by consumers.
 Until recently, most systems for regulating food safety were based on legal
definitions of unsafe food, enforcement programs for the removal of unsafe
food from the market and sanctions for the responsible parties after the fact.
These traditional systems cannot respond to existing and emerging challenges
to food safety because they do not provide or stimulate a preventive approach.
During the past decade there was a transition to risk analysis based on better
scientific knowledge of foodborne illness and its causes. This provides a
preventive basis for regulatory measures for food safety at both national and
international levels. The risk-based approach must be backed by information
on the most appropriate and effective means to control foodborne hazards.
Source: Assuring Food Safety and Quality: Guidelines for Strengthening National Food
Control Systems. FAO/WHO. Rome .2003
54. Food control is defined as:
“. . . . a mandatory regulatory activity or enforcement by national and local

authorities to provide consumer protection and ensure that all foods during
production, handling, storage, processing and distribution are safe,
wholesome and fit for human consumption; conform to safety and quality
requirements; and are honestly and accurately labeled as prescribed by law.”
55. The Philippines has commitments under international trade agreements. The
World Trade Organization (WTO) and ASEAN Free Trade agreements cover trade
liberalization as well as supplemental and complementary issues such as, the
application of Sanitary and Phytosanitary (SPS) Measures and equivalence;
harmonization of standards; reciprocal recognition of tests and certification of
products; and introduction of greater transparency in standards and conformance.
56. The FAO/WHO Guidelines states that most country food safety and quality
systems typically have the following components:
a. Food related laws, regulations and standards – Laws traditionally consist

of legal definitions of unsafe food, and the prescription of enforcement
tools for removing unsafe food from commerce and punishing responsible
parties. Food laws and regulations must be relevant and enforceable. An
inadequate food law will have a negative impact on the effectiveness of
food control activities. Updated standards are also important.
Food legislation should:

 Provide a high level of health protection;
 Include clear definitions to increase consistency and legal security;
 Be based on high quality, transparent, and independent scientific advice following risk
assessment, risk management and risk communication;
 Include provision for the use of precaution and the adoption of provisional measures
where an unacceptable level of risk to health has been identified and where full risk
assessment could not be performed;
 Include provision of for the right of consumers to have access to accurate and
sufficient information;
 Provide for tracing of food products and for their recall in case of problems;
 Include clear provisions indicating that primary responsibility for food safety and
quality rests with producers and processors;
 Include obligation to ensure that only safe and fairly presented food is placed on the
market;
 Recognize the country’s international obligations particularly in relation to trade; and
 Ensure transparency in the development of food law and access to information.
Control Systems. FAO/WHO. Rome. 2003
b. Food related control management – This pertains to the establishment of a

leadership function and administrative structures for: (a) development and
implementation of an integrated national food control strategy; (b)
operation of a national food control program; (c) securing funds and
allocating resources; (d) setting standards and regulations; (e)
participation in international food control related activities; (f) developing
emergency response procedures; and carrying out risk analysis.
c. Inspection Services – Qualified, trained, efficient and host food inspection

service is essential to the administration and implementation of food laws.
The reputation and integrity of the food control system is only as good as
the integrity and skill of the inspectors.
The responsibilities of the inspection service include:
 Inspecting premises and processes for compliance with hygienic and other
requirements of standards and regulations;
 sampling food during harvest, processing, storage, transport or sale to establish
compliance, to contribute data for risk assessments and to identify offenders;
 recognizing forms of food decomposition by organoleptic assessment; identifying
food which is unfit for human consumption; or food which is otherwise deceptively
sold to consumers; and taking the necessary remedial action;
 recognizing, collecting and transmitting evidence when breaches of law occur, and
appearing in court to assist prosecution;
 encouraging voluntary compliance by means of quality assurance procedures;
 carrying out inspection, sampling and certification of food for import/export
inspection purposes when so required;
 in establishments working under safety assurance programs such as Hazard
Analysis Critical Control Point (HACCP), conduct risk based audits.
Control Systems. FAO/WHO. Rome. 2003.
d. Laboratory services for physical, microbiological and chemical analyses

with qualified and skilled analysts to ensure effective and efficient
performance. Due to the high capital investment and maintenance and
operating cost, the number and location of the laboratories must be
determined in relation to the objectives of the system and the volume of
work. A central reference laboratory equipped for sophisticated and
reference analysis would help in effective coverage of analyses needed.
e. Information, Education, Communication and Training – Delivery of

information, education and advice to stakeholders across the supply chain.
The activities are provision o f balanced factual information to consumers;
provision of information packages and educational programs for key
officials and workers in the food industry; development of train-the-trainer
programs; and provision of reference literature to extension workers in the
agriculture and health sectors.
Risk analysis is composed of three components:

 Risk assessment – a scientifically based process consisting of the following
steps: (1) hazard identification; (2) hazard characterization; (3) exposure
assessment; and (4) risk characterization.
 Risk management – the process of weighing policy alternatives, in
consultation with all interested parties, considering risk assessment and other
factors relevant for the health protection of consumers and for the promotion of
fair trade practices, and if needed selecting appropriate prevention and control
options.
 Risk communication – the interactive exchange of information and opinions
throughout the risk analysis process concerning hazards and risks, risk related
factors and risk perceptions, among risk assessors, risk managers,
consumers, industry, the academic community and other interested parties,
including the explanation of risk assessment findings and the basis of risk
management decisions.
Source: Assuring Food Safety and Quality: Guidelines for Strengthening National
Food Control Systems. FAO/WHO. Rome. 2003.
57. In strengthening national food control systems FAO recommends that country
authorities take into consideration basic principles and values that strengthen food
control activities, including:
a. Maximizing risk reduction by applying the principle of prevention as fully as

possible throughout the production, processing and marketing chain;
preference is for a preventive approach that controls processes by
applying good practices such as good agricultural practices (GAP), good
manufacturing practices, and good hygienic practices (GHP);
b. Addressing the farm-to-table continuum (or the supply chain); this calls for
an integrated approach which emphasizes the vital role of the producer,
processor, transporter, vendor and consumer in ensuring food quality and
safety;
c. Establishing emergency procedures for dealing with particular hazards
(e.g., recall of products);
d. Developing science-based food control strategies;

e. Establishing priorities based on risk analysis and efficacy in risk
management;
f. Establishing holistic, integrated initiative which target risks and impact on
economic well-being; and
g. Recognizing that food control is a widely shared responsibility that
requires positive interaction among all stakeholders.
58. According to the FAO/WHO, there are at least three types of organizational
arrangements for a national food control system. These are:
a) Multiple Agency System – multiple agencies are responsible for food

control
b) Single Agency System – a single, unified agency for food control
c) Integrated System – a national integrated approach.
59. The Philippine system is basically a multi agency system which leads to
problems like duplication of regulatory activities, increased bureaucracy,
fragmentation and lack of coordination or even conflict between bodies involved in
policy, monitoring and control of product safety. FAO/WHO suggests that in revising
food control system, governments consider the Integrated System to achieve
effective collaboration and coordination between agencies. The typical organization
of such a system consists of four operational levels:
1. Level 1 – Formulation of policy, risk assessment and management, and

development of standards and regulations.
2. Level 2 – Coordination of food control activity, monitoring, and auditing.
3. Inspection and Enforcement. Single Agency System – a single, unified
agency for food control.
4. Integrated System – Education and training.
60. FAO/WHO recommends that governments consider a model which calls for
the establishment of an autonomous national agency for activities at Levels 1 and 2,
with existing multi-sectoral agencies retaining responsibility for Levels 3 and 4
activities. The role of the competent autonomous national agency is to establish
national food control goals, and undertake strategic and operational activities
necessary to achieve those goals. Other functions of such an agency at the national
level may include:
 Revising and updating the national food control strategy as needed;

 Advising relevant ministerial officials on policy matters, including
determination of priorities and use of resources;
 Drafting regulations, standards and codes of practice and promoting their
implementation;
 Coordinating the activity of the various inspection agencies and monitoring

performance;
 Developing consumer education and community outreach initiatives and
promoting their implementation;
 Supporting research and development; and
 Establishing quality assurance schemes for industry and supporting their
implementation.
III. RECOMMENDATIONS
III.A Amendment of the AFMA
61. AFMA Chapter 7, Product Standardization and Consumer Safety, should be

amended to strengthen the agriculture and fisheries product control, promote uniform
application of consumer protection measures, more timely action to protect
consumers and more cost efficient and effective use of resources and expertise. The
AFMA IRR and related AOs will have to be amended as well accordingly.
62. The amendments proposed are:
a. Establish the Agriculture and Fisheries Safety Authority (AFSA);

b. Modify the organization, powers and functions of BAFPS, and the
regulatory agencies, i.e., BPI, BAI, NMIS, BFAR, FIDA, CODA, PCA, SRA,
NTA, NFA and FPA.
c. Establish the Laboratory Service (LS) and a National Reference
Laboratory (NRL).
d. Allocate budget for institutional and physical strengthening of the
agriculture and fisheries quality and safety control system; including multi-
year funding for infrastructure and facilities development and research;
and
e. Authorize collection of fees for services and retention of agency collections
for specific and agreed upon uses.
III.A.1 Agriculture and Fisheries Safety Authority22
63. The first proposed amendment to Chapter 7, Product Standardization and

Consumer Safety, of AFMA is to provide for the establishment of the Agriculture
and Fisheries Safety Authority (AFSA). AFSA shall integrate the agriculture and
fisheries safety and quality system to achieve effective collaboration and coordination
among the different agencies of DA as well as DOH.
64. The following roles, organizational components and activities are based on a
typical food control agency described in the FA/WHO Guidelines for Strengthening
National Food Control Systems.
22
The Authority is proposed to cover Fisheries since the sector is still under the Department of
Agriculture.
a) AFSA Mission
AFSA mission shall be to protect the health and safety of consumers,

promote trade, and prevent fraudulent practices by ensuring that
agriculture and fisheries products traded meet the highest standards of
safety and quality provided by law.
b) AFSA Role and Activities
 AFSA shall be an autonomous body accountable to the DA as DA has

responsibility for the significant part of the agriculture and fisheries
supply chain or the “farm-to-table” continuum. DA will agree with DOH
on the delineation of powers and functions to minimize overlaps and
promote efficiency.
 AFSA shall formulate agri-fisheries product control policy and provide
advise to all concerned Departments on all matters concerning agri-
fisheries products control;
 AFSA shall formulate the budget for the agri-fisheries product safety
and quality control system and shall be accountable to the DA;
 AFSA shall coordinate the implementation of agri-fisheries control
measures;
 AFSA shall be responsible for the identification of legislative needs;
monitoring the efficiency and effectiveness of law enforcement and
food surveillance activities; commissioning research, etc.;
 AFSA shall coordinate, monitor and audit national agency, local
agency and local government units agri-fisheries products control
activities, including food analysis, inspection, enforcement and
education;
 AFSA shall oversee the management of a Central Laboratory Service
 AFSA shall use reserve enforcement powers in effect in the event that
enforcement bodies default or are negligent in their duties.
c) AFSA Management Board
AFSA shall be governed by a Management Board (MB) with a

Chairperson and Directors. The number, conditions of appointment or
engagement, tenure of the members of the MB will be specified by the
AFMA amendment. Representatives from the DA, DOH, DTI, DILG, and
DOF may be appointed to the MAB. Other members of the MAB should
have experience or expertise in one or more of the following fields:
 Public health and epidemiology
 Food science and technology
 Agriculture and fisheries production
 Agricultural science and animal health

 Agricultural marketing and trade
 Human nutrition
 Food laws
 Public administration
 Consumer rights and affairs
The MB shall have the following responsibilities:
(1) Formulate broad policy and resource framework for AFSA

activities within the law;
(2) Provide advise to all concerned Departments on matters
relating to the AFSA mandate;
(3) Provide overall coordination;
(4) Set-up the scientific or technical committee that will assist and
advise the Board in matters of scientific nature, providing
scientific inputs in agriculture and fisheries safety and quality
control decisions-making processes, including: scientific and
technical questions relating to food safety and hygiene, and
risk assessment; food standards and codes of practice;
research; nutritional value and content of food and labeling;
implementation and administration of inspection services; and
monitoring and evaluation including regulatory impact
assessment.
(5) Set-up the Consultative Committee that will facilitate broad
consultation with producer, industry, trade and consumer
groups, and provide views and advice to MB on food safety
and quality and regulation.
(6) Appoint the Chief Executive Officer (CEO) of the AFSA. The
MB shall decide the extent of the delegation of its authority to
the CEO.
(7) Oversee AFSA and scrutinize its performance to ensure it is
transparent, fair and efficient. The MB shall be accountable
for all the actions and operations of the AFSA.
d) AFSA Organizational Structure
A possible organizational structure for AFSA is shown in Figure 1. The

proposed structure reflects the principal functions or key areas of
responsibility, namely: (i) Analysis and Surveillance/Research; (ii)
Standards; Inspection; and (iii) Support Services/Communication. AFSA
could perform the Standards and Inspection functions through contracts
with BAFPS and the Inspection agencies of the DA (e.g., BPI, BAI, NMIS,
etc.) provided the powers and functions of these agencies are modified as
discussed in the following sections.
Control Systems. FAO/WHO. Rome. 2003
65. The AFSA mission, roles and functions and organizational structure discussed
above should serve as general guide in the formulation of its detailed organization,
terms of reference and operational plans at an appropriate time with the assistance of
technical experts.
III.A.2 BAFPS, Other DA Agencies and Other Agencies
66. This second proposed amendment concerns the function and organization of
BAFPS. BAFPS should be made the sole standards formulation agency of
government in the agriculture and fisheries sector. BAFPS should formulate new
standards, and review and update existing standards to harmonize them with
international standards. The coverage of BAFPS function should include: (a) product
standards for fresh and secondary processed products, both food and non-food; (b)
guidelines and codes of practices; and (c) standards of hygiene. It should prioritize
mandatory standards over voluntary standards in its work program. It will set
priorities for research needs related to standards formulation. Standards formulation
should be carried out in close coordination with BFAD-DOH. For processed products,
BAFPS will have to agree on the specific product coverage with BFAD-DOH. The
current practice of BFAD-DOH covering only tertiary processed products (e.g.,
canned or bottled products) could already be specifically provided in the agreement.
Likewise, BPS-DTI role in assignment of number for standards to be adopted as
national standards should be recognized and followed. On the other hand, roles of
the DA enforcement agencies should be differentiated from those of the Bureau of
Customs, to avoid recurrence of cases of some Customs personnel usurping the
power of the enforcement agencies by reversing the DA enforcement agencies’
decisions. Manuals of procedures should be updated and disseminated for
everybody’s guidance and compliance.
67. BAFPS should continue to act as Codex Contact Point (CCP) to facilitate
continuous contact and information exchange with the Codex Commission. Like all
its other functions, BAFPS needs capability upgrading and operational budget
support to perform this function.
68. Ideally, the CCP should also be Host and Secretariat of the NCC. At the
current state of BAFPS’ organizational development when it is still striving to perform
its critical function of standards formulation with limited funding and personnel still
gaining experience and training, it makes perfect sense to temporarily assign the
responsibility for the NCC to another relevant DA unit or agency. NAFC seems to be
an appropriate home for the NCC with NAFC’s mandate per DA Administrative Order
No. 6, Series of 1998 to assist the DA in the monitoring and coordination of the
agriculture and fisheries modernization process; and serve as the integrative and
consultative structure for inter-agency and inter-sectoral collaboration in agriculture
and fishery modernization.23
69. DA through BAFPS or NAFC should provide budget support for the
implementation of the NCC activities that are essential to the attainment of expected
outputs, namely: identification of priority Codex issues and country positions on
these issues; scientific database in support of country positions; a mechanism for
facilitating the integration of relevant Codex decisions into the national food standards
and food safety control programs; an integrated work plan and budget for the
generation of scientific data, preparation of country positions, and for effective
participation in Codex activities; and a National Codex Information System (NCIS);
and selection of appropriate technical expert/s in the country delegation to Codex
meetings.
70. BAFPS should also be the SPS Enquiry and Notification Point (this function
currently with the DA Policy Analysis Service). In addition, BAFPS (instead of the
Department of Foreign Affairs) should be the channel of communication for
information on the European Union’s Rapid Alert System for Food and Feed
(RASFF), a system for providing control authorities with an effective tool for the
exchange of information regarding measures taken to ensure food safety. BAFPS
should promote the use of and implementation of standards. Research in connection
with product standards setting should be contracted to research institutions through
23
http://nafc.da.gov.ph/mandates.php accessed on 3 May 2007.
the BAR competitive research grants as well as through BAFPS funding. BAR should
be required to clear with BAFPS all such research proposals.
71. DA agencies which currently perform standards development function should

be stripped of this power. All DA regulation and enforcement functions that are
currently under BPI, BAI, NMIS, BFAR, FPA, NFA, PCA, SRA, NTA, and CODA
should be consolidated under an Inspection and Regulation Service (IRS). The
function would include product quality and safety, and plant and animal health
inspection and regulation. The role of the LGUs in enforcement should be clarified to
avoid confusion that leads to conflict as well as gaps. The study findings and
recommendations of Dr. Bonifacio Cayabyab24 are important inputs to the
establishment of the IRS. The specific recommendations are on: (a) mechanisms for
centralizing/decentralizing and sharing and integration of quarantine service; (b)
sustaining the quality and quantity of service; (c) application of commercial principles
and retention of income to BAI, BPI, BFAR and BAFPS; and (e) upgrading of
facilities, system, and manpower components. BAFPS’ role in relation to the
enforcement agencies is that of auditing the implementation of standards and
enforcement of food control standards and regulations.
72. Market development and market promotion activities fall under the purview of
and should be turned over by the regulatory agencies to AMAS. For most regulatory
agencies, product research and development could be performed by government
research or academic institutions. These activities are usually funded with resources
from commodity programs or BAR anyway. They also compete for resources within
the agency.
III.A.3 Laboratory Service
73. The third proposed amendment is the establishment of a Laboratory Service

at the same organizational level as BAFPS and the Inspection and Regulatory
Service. This amendment takes the changes in laboratory services proposed by DA
Consultants Dr. McMurray25 and Dr. Flavier26 a step further. The LS will be the new
management structure for all laboratories (more aptly referred to as “service
laboratories”) and a National Reference Laboratory (NRL) that is yet to be
established. The organization and configuration of the service must be determined
and carefully decided considering the objectives of the agriculture and fishery control
system and the volume of work for optimum coverage. The planning should address
the critical issues of: (a) existing laboratories being under funded, under equipped,
under utilized, and not to international standards; (b) lack of qualified laboratory
24
Consultant on Streamlining of Quarantine Services under the Diversified Farm Income and
Market Development Project.
25
Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of Agriculture
and Fisheries Product Standards. Technical Report. Diversified Farm Income and Market
Development Project. DA/World Bank. Feb. 2006.
26
Maxima E. Flavier, Ph.D. Development of Rationalization Plan of the Department of
Agriculture Regulatory Laboratories. Draft Report, Department of Agriculture/World Bank.
Quezon City (May 2006)
technical personnel and existing personnel under trained; (c) duplication of laboratory
analysis; and (d) lack of oversight of regional laboratories.
NATIONAL REFERENCE LABORATORIES – Their Functions
 Acquire and/or develop testing methods to International Standards. If

methods are acquired from outside the country, there is a need for them to be
validated for use on the materials and specimens to be analysed in the
Philippines.
 Provide the direct linkage with other International Reference laboratories.
Obtain the necessary International reference materials needed by BAFPS to
ensure cross compatibility with analytical procedures as practiced
internationally (Note: International Reference materials can also be used for
Proficiency testing and BAFPS should only release for method validation
once the material has been used for proficiency testing)
 Disseminate and train staff in the associated laboratories as appropriate in
the fully validated methods.
 Establish a Quality Control system not only for their own use but also for
affiliated laboratories.
 Provide a central resource for data analysis either from its own Laboratory
information system or from data acquired at Regional level. The laboratory
would run a statistical and an Information Technology service to all
laboratories within its purview.
 Provide for and implement of statistically designed surveillance and
monitoring surveys to determine the level of contaminants and the
occurrence/incidence/prevalence of animal diseases etc.
 Provide a “court” of last resort in cases of dispute between analytical
laboratories or between laboratories and their clients.
 Provide a confirmatory analysis service to outlying laboratories
 Provide advice to the Department of Agriculture and Ministers as required.
 Should not provide direct analytical support to the industry. The Centre should
provide support to other laboratories when they need help. For instance, the
Centre should provide confirmatory analysis and provide technical support
and advice when required. It is not the function of the Centre to undermine
the development of commercial laboratories or other laboratories in the Public
Sector. In any case the Reference Centre will have oversight over the
performance of other laboratories and therefore cannot be placed in a
position where it can abuse its authority.
 The method of operation requires that the Reference laboratory is funded by
the state in order to maintain its impartiality.
Source: Cecil H. McMurray. Institutional and Physical Strengthening of the Bureau of

Agriculture and Fisheries Product Standards. Technical Report. Diversified Farm Income and
Market Development Project. DA/World Bank. Feb. 2006.
74. The LS shall be tasked with the establishment of the NRL, including crucial
infrastructure needed for effective and efficient laboratory services coverage that
conform to international standards and the world’s best practice. The CRL shall be
furnished with superior and advanced equipment for sophisticated and advanced
analyses for a brad range of food safety issues, and reference analyses. The CRL
shall also perform or oversee the development and validation of national methods.
Dr. McMurray provides details of the functions of the NRL.
75. The AFSA functions related to the LS would be: (a) oversight of laboratory
management plans; (b) review of budgets and approve capital expenditures and
maintenance and operating costs, including infrastructure developments; (c) consider
issues of duplication and deployment; (d) review and comment on training programs;
(e) advice DA on all matters concerning laboratories; and (f) employ experts to
address particular issues. BAFPS shall conduct audits and performance assessment
of laboratories to provide assurance that laboratories are performing analytical
functions that conform to international standards, hence the food control standards
are properly implemented and enforced.
III.A.4 Funding Under the “Extended AFMA”
76. Strengthening the Philippine agriculture and fisheries quality assurance and
control system needs serious and priority attention for reasons already enunciated in
AFMA, i.e., consumer safety, trade facilitation and competitiveness. To conform to
the world’s best practices, this calls for institutional and physical strengthening of the
entire system, from risk analysis, standards setting, regulation and enforcement,
information and training, laboratory facilities and equipment, regional and
international standards and safety networking, and participation in regional and
international meetings, particularly those of FAO/Codex Alimentarius Commission
and International Standards Organization.
77. For the fourth amendment, the “extended AFMA” funding should make
specific provisions for multi-year funding for infrastructure, facilities and
equipment; research for standards setting; and research related to food safety
issues.
78. To address the eternal funding constraints, some services could be shifted to
a “user fee” system which simply means user pays for services, for example,
inspection for certification/accreditation/permits, and laboratory services. The fifth
amendment should provide for the authorization for all concerned agencies to
retain all fees collected by the agency and to be used to sustain operation
instead of being turned over to the Bureau of Treasury.
III.B Review of Current Donor-Funded DA Projects and Other AFMA-Related

Laws
79. The review and amendment of AFMA presents an opportunity for the
comprehensive review of the Philippine agriculture and fishery safety system
especially if the policy makers choose to adopt an integrated system to minimize
duplication and eliminate the gaps and enhance efficiency as recommended in this
report. This will include review of related laws including, the Fisheries Code of 1998,
Standardization Law of the Philippines of 1964, Food, Drugs and Devices, and
Cosmetics Act of 1963, as amended by Executive Order 175, Series of 1987, Local
Government Code of 1991, Consumer Welfare Act of 1998, and Executive Order 338
of 2001.
80. DA and COCAFM should revisit the on-going projects and review the
relevance and consistency of the current efforts under those projects with the
Agriculture and Fishery Control objectives under the proposed AFMA amendment.
Those projects are DFIMP, the European Union – Trade Related Technical
Assistance, Economic Modernization through Efficient Reforms and Governance
Enhancement, and Institutional Grant for Policy Development. DA should ensure that
the projects are aligned with the objective of strengthening of the agriculture and
fishery control system to protect the Filipino consumer as well as consumers of the
Philippine export products equally and promotes the competitiveness of Philippine
products in the domestic as well as foreign markets.
.
References
Agriculture and Fisheries Modernization Act (RA 8435)
Agriculture and Fisheries Modernization Act (RA 8435) Implementing Rules and
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Assuring Food Safety and Quality: Guidelines for strengthening national food control
systems. Food and Agriculture Organization of the United Nations/World Health
Organization. Rome. 2003
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Regulatory Services. Technical Report, Department of Agriculture/SEAMEO
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Experts' Review Agriculture and Fisheries Modernization Act (AFMA)

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Experts' Review Agriculture and Fisheries Modernization Act (AFMA)

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Experts’ Review

Agriculture and Fisheries Modernization Act (AFMA)

Product Standardization and Consumer Safety

Congressional Oversight Committee

National Agricultural and Fishery Council

Center for Research and Communication Foundation, Inc.

II. FINDINGS / ANALYSIS 54

Figure 1 Sample Philippine Agriculture and Fisheries Safety Agency

Table 1 Functions of Agencies Mandated by AFMA and Other

Table 9B Survey of Producers’ Associations: Awareness of the 66

Table 9C Survey of Producers’ Associations: Awareness of BAFPS

ACCSQ ASEAN Consultative Committee for Standards and Quality

FPA Fertilizer and Pesticide Authority

SPS Sanitary and Phytosanitary Standards

AFMA Product Standardization and Consumer Safety Component

2. Title I, Chapter 7, Sections 60-64 of the AFMA mandated the Department of

3. The Philippine agriculture and fisheries safety and quality system is

The AFMA PSCS and BAFPS and Its Status

4. The AFMA-prescribed creation of BAFPS with the promise of substantial

5. The creation of BAFPS fostered a divide especially among the DA standards

Stakeholders’ Views on BAFPS

8. Stakeholders’ views gathered during the Regional AFMA Review Workshops

9. A survey of producers groups selected from among the AFMA regional

Proposed Amendments to AFMA

11. AFMA Chapter 7, Product Standardization and Consumer Safety, should be

a. Establish the Agriculture and Fisheries Safety Authority (AFSA);

12. The first proposed amendment to Chapter 7, Product Standardization and

15. DA agencies which currently perform standards development function should

18. The fourth amendment is the establishment of a Central Laboratory Service

Review of AFMA – Related Laws and Current Donor Projects

(a) Standardization Law of the Philippines of 1964;

The Standardization Law of the Philippines

2. The Standardization Law of the Philippines (Republic Act 4109) enacted in

3. Primarily, the BPS undertakes the development, promulgations and promotion

5. The Commissioner of Customs in Manila or the Regional Food and Drugs

Consumer Act of the Philippines of 1991 (RA 7394)

(a) requirements as to performance, composition, contents, design,

The Local Government Code of the Philippines of 1991 (RA 7190)

Fisheries Code of 1998 (Republic Act 8550)

(a) Conservation, protection and sustained management of the country’s

DEPARTMENT OF TRADE & INDUSTRY

(a) provide advisory services and technical assistance on the improvement

Restructuring the Department of Agriculture, Providing Funds Therefore, And

R. A. 7607 - Magna Carta for Small Farmers

I.B AFMA Goal and Objectives

19. Chapter 7, Sections 60-64 of the AFMA mandated the Department of

a. Formulate and enforce standards of quality in the processing,

AFMA Chapter 7 – Product Standardization & Consumer Safety

Section 64. Pool of Experts and Advisers

Source: Republic Act 8435

I.C The Implementing Rules, Targets and Current Status

Sec, Recommend to the Secretary No recommendation was submitted to the DA

I.C.1 BAFPS Establishment, Organization and Management, and

Status: On 3 December 1998 DA Acting Secretary William D. Dar issued

On 19 October 1999 BAFPS submitted a proposal for 60 staff

On 11 December 2002 DA Secretary Luis P. Lorenzo wrote to

On 19 January 2005, BAFPS was informed by DBM that only 3 out

a) Office of the Director

Hiring for the 17 approved positions is in the final stage. However,

a) Submission to DBM of the Program, Activity and Project (PAP)

Furthermore, DA needs to submit a proposal to rationalize the

Status: The BAFPS is headed by a Bureau Director who was appointed on 19