3.67.  The Philippines has reformed its food safety regime based on a "farm-to-fork" approach to enhance food safety.[105] However, the Philippines' complex SPS-related import requirements for food remain largely unchanged. The Food Safety Act of 2013 is the first comprehensive food safety law and applies to all food from "farm-to-fork", whether domestically produced or imported. The implementing rules and regulations entered into force on 20 February 2015.[106] Both the Act and the implementing legislation were notified to the SPS Committee.[107]

3.68.  Food safety policy matters are overseen by the Food Safety Regulation Coordinating Board.[108] SPS measures are developed and implemented by the Department of Agriculture (DA) and the Department of Health (DOH). The DA has ten regulatory agencies that implement measures to protect human, animal and plant health and life from pathogens, zoonotic diseases and pests entering primary agricultural products such as raw meat, and fresh fruits and vegetables. The Food and Drug Administration of the DOH develops and implements measures for food additives, labelling of pre-packaged foods, dietary supplements, and food packaging, among others. The Department of the Interior and Local Government, and the Local Government Units, are responsible for the enforcement of food safety rules and regulations

3.69.  The scientific basis of the food safety regime has been strengthened, according to the authorities. The new Act provides that SPS measures must be based, amongst others, on the principles of non-discrimination, scientific evidence, proportionality, precaution, traceability, and transparency.[109] The principle of equivalence is recognized.[110] The responsibility for achieving the Food Safety Act's objectives is shared between the Government and the food business operators. New traceability requirements apply along the food chain.[111]

3.70.  The DA Bureau of Agriculture and Fisheries Standards (BAFS) is in charge of developing food safety standards for agricultural and fishery products; it follows the WTO TBT Annex 2 on Good Standardization Practice. The food safety standards are mandatory; they are either in the form of Philippine National Standards (PNS), the standards of other countries, or Codex Alimentarius standards. As of September 2017, it had developed 202 standards (including food safety and quality standards, codes of practice, organic agriculture, and agriculture and fishery tools and equipment)

3.71.  Sanctions for violations of the Food Safety Act include fines ranging from PHP 50,000 to 500,000; imprisonment from 6 months to 6 years; and a permanent prohibition to re-enter the country in the case of foreigners. Importing agricultural products without SPS import clearance constitutes smuggling, which may carry penalties from 12 years to life imprisonment.[112]

3.72.  A Rapid Alert System for Food and Feed (RASFF) was set up in April 2017.[113] Once operational, it will enable the authorities to cooperate with the EU RASFF, the ASEAN RASFF and the International Network of Food Safety Authorities (INFOSAN) to respond quickly to food safety incidents and to file notifications to national contact points and exchange information on food safety incidents

3.73.  The main features of the import "accreditation" regime remain unchanged (Table A3.2): a. All food products are subject to accreditation in the form of a certificate of product registration issued by the competent agency of the Department of Agriculture or Department of Health. b. Import consignments of food (other than processed and pre-packaged) require a permit ("SPS import clearance") issued by the Department of Agriculture. Prior to arrival, an Import Notification Document is required, on the basis of which the need for inspections, including lab testing, is determined by the DA or the DoH. Inspections are risk-based; and according to the Food Safety Act are to take place prior to the assessment of customs duties and other charges (specific guidelines are to be developed). c. All food establishments including importers and exporters must be "registered", "accredited" or licenced ("licence to operate"), depending on the product

3.74.  The Department of Agriculture and the Department of Health have implemented an electronic system for licence and permit applications.[114] Furthermore, the Philippines has launched an initiative to establish an enhanced (web-based) single window, which would incorporate the DA/DoH import accreditation requirements and the DA's process of issuing import clearances

3.75.  As noted in the last TPR, in some instances domestic supply is taken into account when issuing import clearances.[115] For example, fish products may be imported only if certified by the DA as necessary to achieve food security. According to an STDF study (2014), "some traders believe that quotas applied in licences and permits aim at control of markets, not protection of health".[116]

3.76.  Since the last TPR, Members have not raised any Specific Trade Concern (STC) in the SPS Committee regarding the Philippine SPS measures. According to authorities, DA Administrative Order No. 22 of 2010, which was the matter of concern of STC 320[117] (raised in 2011 by the United States Restrictions on imported fresh meat) was superseded by AO No. 5 and No. 6 of 2012; the Philippines and the United States are engaging in a technical discussion on the results of the risk assessment conducted by the Philippines, which was the basis of the implementation of AO No. 5 and No. 6 of 2012.[118] Import consignments of meat must originate in a foreign meat establishment recognized by the Veterinary Administration and accredited in the Philippines.[119] According to the authorities, the authority for the safety of processed or pre-packaged meat has been transferred from the National Meat Inspection Service (NMIS) to the FDA but the operational transition is still ongoing [as of October 2017]. Furthermore, in May 2015, the Philippines received recognition from the OIE as free from Foot and Mouth Disease without vaccination. The Philippines follows OIE guidelines on regionalization

3.77.  The Bureau of Plant Industry (BPI) under the Department of Agriculture is responsible for the safety of "plant food"[120], as well as phytosanitary measures. The plant protection regime has remained substantially unchanged since the previous Review. It is governed by the Plant Quarantine Law 1978, as elaborated, inter alia, by the Department of Agriculture Administrative Order 9, 2010.[121] The import guidelines for plants were amended by DA Circular No. 4 of 2016.[122] The cost of carrying out import risk analysis, which was on a cost-sharing base, is borne since 2017 by the Philippine Government. All imported genetically-modified plant and plant products derived from the use of modern biotechnology require authorization for commercial distribution in the country of origin, a biosafety permit and SPS import clearance issued by the Bureau of Plant Industry.[123]

3.78.  The Philippines has submitted over 200 notifications to the SPS Committee in the period from January 2012 to May 2017, including almost 100 emergency notifications and some 40 withdrawn emergency measures (most Members have less emergency measures than regular notifications). Most of the regular notifications concern food safety measures. The Department of Agriculture remains the national SPS enquiry point (as well as the National Notification Authority)

3.60.  The Bureau of Philippine Standards (BPS), a governmental body under the DTI, is the National Standards Body of the Philippines. It is responsible for developing and promulgating Philippine National Standards (PNSs), including standards developed by other government agencies such as the Department of Agriculture (DA) and Department of Health (DOH). The BPS has been actively involved in establishing mutual recognition agreements within APEC and ASEAN, and at the bilateral level. As a member of the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC), the BPS participates in the development of international standards. The BPS is also the WTO National Enquiry Point and National Notification Authority

3.61.  The BPS has two methods of developing standards, the technical committee method and the fast track method. Under the first method, PNSs are set by technical committees (consisting of academics, trade and industry associations, consumer groups, members of professional groups, research institutions, government agencies, and testing institutions), and are revised periodically. The fast track method is used to adopt existing international or foreign standards. During a period of 60 days, stakeholders can comment on draft standards

3.62.  As of October 2017, there were 10,091 PNSs; the share aligned with international standards was 79.9%, up from 78.5% in October 2011. Where PNSs are not aligned with international standards, this is due mainly to long standing business practices, climatic conditions, the absence of specific international standards, and the need for higher requirements than international standards. The authorities underlined their objective to strongly increase the share of internationally aligned standards by 2022

3.63.  PNS are voluntary, unless declared mandatory through Department Administrative Orders (DAO). There are 72 mandatory PNS (i.e. technical regulations), which apply, inter alia, to: automotive and motorcycle batteries, electrical wires and cables, fire extinguishers, household appliances, lighting fixtures, matches, medical equipment, Portland cement, pneumatic tyres, and sanitary ware. These products are subject to local inspection to assess compliance. Importers of products covered by mandatory PNS are issued an Import Commodity Clearance (ICC) after the BPS has determined that imports meet the relevant Philippine standard. Nevertheless, imports, including those certified abroad as meeting international standards, may be subject to sample testing by BPS; non-compliant imports are denied entry. BPS also conducts random checks at retail outlets to ensure that imports consistently meet Philippine standards

3.64.  The BPS implements two certification schemes, the Philippine Standard (PS) Quality Scheme and/or Safety Certification Scheme. Under these schemes, the BPS issues a licence to allow a company to affix the PS Quality or Safety Mark to its products, after inspections to determine that such products meet the relevant PNS. For 73 products, certification is mandatory.[103] Foreigncompanies may apply for PS Quality or Safety Certification through a BPS recognized counterpart. As of 1 October 2017, 373 foreign firms had been awarded the PS licences

3.65.  The Philippines Accreditation Bureau (PAB) is the national accreditation body of the Philippines. It covers the accreditation of inspection, testing and calibration laboratories and assesses the conformance of laboratories' quality management systems with international guidelines.[104] As at September 2017, PAB has accredited 243 conformity assessment bodies (76 testing laboratories, 41 calibration laboratories, six medical laboratories, four inspection bodies, and 16 certification bodies

3.66.  Between October 2011 and October 2017, the Philippines made 46 notifications to the WTO Committee on Technical Barriers to Trade

3.79.  The Consumer Act (RA No. 7394) prescribes labelling requirements for imported and locally manufactured products. If an imported good is covered by mandatory certification of the BPS and certified to have passed the standard prescribed by the BPS, the label must contain the Import Commodity Clearance (ICC) Mark or the PS Quality/Safety Mark if the manufacturer of the product is a PS license holder. Domestically produced goods that are regulated by BPS must have the PS Quality/Safety Mark. The standards for labelling health products are prescribed by the Food and Drug Administration (FDA)

3.80.  Consumer products, whether manufactured locally or imported, must indicate in their packaging the following minimum labelling requirements: registered brand name; registered trademark; registered business name and address of the manufacturer, importer, or re-packer of the product; general make or active ingredients; net quality of contents, in terms of weight; and, if imported, country of origin. DTI Department Administrative Order No. 01 of 2008 provides for mandatory translation into English or Filipino in the product label or packaging

3.81.  Articles that cannot be marked prior to shipment, such as crude substances, and products imported for private use and not for resale in their imported form, are exempt from marking requirements. The packaging must be secure and adapted to tropical climatic conditions