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April 7, 2015

Date of Siaughter/Production- the date the date when the animal was slaughtered.

Carcass. the body of any slaughtered animal after bleeding and dressing.

As used in this Regulations, the following terms, words and phrases shall be considered to mean asfollows:

REGULATIONS ON PACKAGING AND LABELING OF FRESH MEATSUBIECT:

CHAPTER IDEFINITION OF TERMS

"Date of Packaging" means the date on which the food is placed in the immediate container in whichit will be ultimately sold.

Container.any packaging of food for delivery as a simple item, whether completely or partiallyenclosing the food and includes wrappers. A container may enclose several units or types of packageswhen such is offered to the Consumer.

Business name. any name or designation other that the true name of a person. partnership,corporation, or association which is used or signed in connection with his/her business.

WHEREAS, R.A. 7394, otherwise known as the Consumer Act of the Philippines, provides that thestate shall enforce compulsory labeling and fair packaging to enable the consumers to obtainaccurate information as to the nature, quality, and quantity of the contents of consumer productsand to facilitate comparison of the value of such products:

WHEREAS, there is a need to issue regulations on packaging and labeling of fresh meat, either warm,chilled or frozen, to ensure that the meat has not become adulterated after the first inspection at theslaughterhouse; NOW, THEREFORE I, PROCESO I. ALCALA, Secretary of Agriculture, pursuant to theforegoing premises, do hereby issue this Regulations on Labeling

ADMINISTRATIVE CIRCULARNo. _Series of2015

WHEREAS, Sections 5 and B.b. of Republic Act (RA) 9296, as amended by R. A. 10536, otherwiseknown as the Meat Inspection Code of the Philippines, provides that the National Meat InspectionService (NMIS) shall serve as the sole controlling authority on all matters pertaining to meat andmeat product inspection and meat hygiene and is vested with the power and function to formulateand issue measures to ensure pure, wholesome and safe supply of meat and meat products of thecountry;

WHEREAS, Section 37 of the same law provides that any meat or meat products prepared forcommerce which has been inspected and marked "Inspected and Passed", shall be placed r packed in. pot. tin, canvass, other receptacle or covering in any establishment where inspection under theprovision of this Act is maintained.

WHEREAS, Section 30 of the above law provides that no person, form or corporation shall sell,transport. offer for sale or transportation. or receive for transportation, in commerce, any carcass offood animals, or the meat or meat product thereof, unless they are plainly and conspicuously markedor labeled or otherwise identified as required by regulations, prescribed by the Secretary to show thekind of animals from which they are derived;

Fresh meat- meat that has not yet been treated in any way other than the modified atmospherepackaging or vacuum or vacuum packaging to ensure its preservation except that it is has beensubjected only to refrigeration, it continues to be considered as fresh.

Food Contact Material are substances that are reasonably expected to migrate to food because oftheir intended use.

Label- a display of written, printed or graphic matter on any consumer product, its immediatecontainer, tag. literature or other suitable material affixed thereto for the purpose of givinginformation as the identity, components, ingredients, attributes, directions for use, specifications,and other information as may be required by law or regulations.

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Labeling- any written or printed graphic or graphic matter that is written or is displayed near thefood, including that for the purpose of promoting its sale or disposal. accompanies the food.

Manufacturer- any person who manufactures, assembles or processes consumer products. exceptthat if the goods are manufactured, assembled, or processed for another person who attaches hisown brand name to the consumer products, the latter shall be deemed the manufacturer. In case ofimported products, the manufacturer's representative or, in his absence, the importer, shall bedeemed the manufacturer.

Meat- refers to the fresh, chilled or frozen edible carcass including offal derived from food animals.

Misbranded. this term apply to any carcass, part thereof, meat or meat product where one or moreof the following circumstances as defined under R. A. 7394 or Consumer Act of the Philippines ispresent:

I) Ifits labeling is false or misleading in any particular;2) Ifit is offered for sale under the name of another meat or meat product:3) Jf it is an imitation of another meat or meat product, unless its label bears, in any type of

uniform size and prominence. the word "imitation" and immediately thereafter, the name ofthe meat and meat product imitated;

4) If its container is so made, formed, or filled as to be misleading;5) If in a package or other container unless it bears a label showing (llthe name and place of

the business manufacturer, packer or diStributor, and (2)an accurate statement of thequantity of the contents in terms of weigh, measure or numerical Count: Provided, Thatunder clause (2J of this sub paragraph (eJ , reasonable variations maybe permitted, andexceptions as to small packages shall be established, by regulations prescribed by theSecretary;

6) If any word, statement, or other information required by this guidelines to appear on thelabel of other labeling is not prominently placed thereon with such conspicuousness (ascompared with other word. statements, designs, or devices, in the labeling] and in suchtenns as to render it likely to be read and understood by the ordinary individual underCustomary conditions of purchase and use;

7J if it bears or contains any artificial flavoring, artificial coloring ,or chemical preservative,unless it bears labeling stating that fact; Provided, That the extent of compliance with therequirements of this subparagraph (k) is impracticable, exemptions shall be established bythe regulations promulgated by the Secretary;

8) it fails to bear, directly or indirectly on its container as the Secretary as may by regulationsprescribe, the inspection mark or legend and, unrestricted by any of the foregoing, suchother information as the Secretary may require in such regulations to assure that it wiIJ nothave false or misleading labeling and that the public will be informed of the manner ofhandling required to maintain the article in a wholesome condition.

Official device- any device prescribed by the Secretary for use in applying any official mark.

Package or packaging- any container or wrapping in which any consumer product is enclosed for usein the delivery or display of that consumer product to retail purchasers, but does not include:

1) shipping containers or wrappings solely for the transponation of any consumer product inbulk or in big quantities by manufacturer. packers or processors to wholesale retaildistributors there of:

2) shipping containers or outer wrapping used by retailer to ship or deliver any product toretail consumers if such container and wrappings bear no printed matter pertaining anyparticular product;

3) Ihe wrappers or containers of consumer product sold in small quantities by small retailstores to the consumer.

Re-Inspection- means the conduct of examination by the appointed or designated governmentveterinarian or Meat Inspector to determine whether or not the carcass or parts of it hasbecome adulterated after the first inspection at the slaughterhouse which shall be allowed to beprepared or fabricated.

Retailer- a person engaged in the business of selling consumer products directly to consumers.

Secretary- refers to the Secretary of Department of Agriculture.

Trade name or trademark- a word or words, name, title, symbol. emblem, sign or device or anycombination thereof used as an advertisement, sign label, poster or otherwise for the purpose ofenabling the public to distinguish the business of the person who owns and uses said trade name ortrademark.

"Use-hy Date" means the date which signifies the end of the estimated period under any stated storageconditions, after which the product probably will not have the quality attributes normally expectedby the consumers. After this date, the food should not be regarded as marketahlp ThiC' A ..••....• :~

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selected by the manufacturer based on the conditions of storage, handling. preparation and useprinted on the label.

CHAPTERIIPACKAGINGREQUIREMENTS

RULE1. Objective

The basic purpose of packaging is to protect meat from undesirable impacts on quality includingmicrobiological and physiochemical alterations. Packaging protected foodstuffs during processing.storage and distribution from contamination by dirt, microorganisms. parasites, and toxicsubstances, influences affecting color. smell and taste and loss of uptake of moisture.

Rule 2. Layers of PackagingRule 2. 1 Inner packaging is where the product may result in direct contact with the product suchtransparent, opaque or flexible or semi-rigid, gas proof or semi-permeable to certain gasses

Rule 2. 2 Outer packaging- is the outermost enclosure cushioning and any other componentsnecessary to contain and protect inner receptacles or inner packagings. These are often are made ofcardboard boxes or other materials.

Rule 3 Characteristics of Packaging

Rule 3. IPackaging materials that may be used are flexible, lightweight, odorless, hygienic, foodgrade, mechanically strong. ,resistant to hot and cold temperature with sealing capability, goodbarrier properties against gases.

Rule 3.2 Material used should be strong enough to protect the meat during the course of handling andtransportation.

Rule 3.3. Plastic Materials used in the packaging materials shall conform with thoseprescribed in PNS1104, (Plastic Materials for Food Contact Use:Colorants-Specifications).

Rule 3.4 Edible products shall not use packaging which is composed in whole and in part of any toxic ordeleterious substances which may render the contents adulterated or injurious to health incompliance with PNS 1104:1992.

CHAPTERIVHYGIENICCONDITIONSDURINGPACKAGING

Rule 4.1 Wrapping and packaging should take place in hygienic conditions and packaging should be carriedout in the area provided for the purpose where the design of the flow line makes this necessary toprevent contamination of the products.

Rule 4.2. Uncolored transparent coverings, such as cellophane which bear no written, printed or graphicmatter should not be re-used for other meat products.

Rule 4.3 Packaging processes and materials shall not transmit contaminated or objectionable substances tothe product;

CHAPTERVLABELING

Rule .4.1. Mandatory Requirements

Rule 4.2 Any inspected and passed dressed carcasses and primal parts in an unprocessed stateplaced in any receptacle intended solely to prevent soiling or excessive drying during transport shallbear the official inspection mark and address of producer on the immediate container.

Rule 4.3 The labels that are applied to carcasses and whole sale cuts to containers holding meatintended for sale must bear the following mandatory infonnation:

i. Type of meatii. Weight, in metric system

o The name and net weight of the meat shall appear in a prominent positionand in the same field of vision.

iii. The Official Inspection markiv. Name and address of producerv. Date of packaging

o The day, month and year shall be declared in uncoded numerical sequencevi. .Use by. date

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CHAPTER VITRACEABILITY

CHAPTER VIIREGULATORY CONTROL

CHAPTER V,OPTIONAL REQUIREMENTS

Rule 7.2.2 . For local distribution, the Local Government Units shall enforce this labeling andpackaging standards.

Rule 6.2 The meat establishment operator must submit a guarantee or statement of assurance fromthe packaging supplier under whose brand name and firm the material is marketed to establishment.The guarantee or statement of assurance shall state that the materials comply with the applicableregulations on the safety of packaging materials.

Rule 6.1.The meat establishment operator must submit the name of the supplier of the packagingmaterial entering the official establishment

o The date shall be declared by the words: "Use by" where the month, dayand year is indicated

o The year. month and day ,shall be declared in uncoded numerical sequence:Use by2015 Jan 12

vii. Name, address and accreditation number of Meat Establishment where the meatwas slaughtered or prepared

viii. The storage condition that must be maintained

Rule 4.5 In addition to the date of minimum durability, any special conditions for the storage of thefood shall be declared on the label if the validity of the date depends thereon.Rule 4.6 The label should not misrepresent the productRule 4.7 Statements required to appear on the label by virtue of this guidelines shall be clear,prominent, indelible and readily legible by the consumer under normal conditions of purchaseRule 4.8 Where the container is covered by a wrapper, the wrapper shall carry the necessaryinformation or the label on the container shall be readily legible through the outer wrapper or notobscured by it.

Rule 7.2.1. For inter provincial and national distribution, the National Meat InspectionService shall enforce this labeling and packaging standards.

Rule 7.1 Re-inspection

The NMIS shall monitor the use of packaging material in official establishments to assurecompliance to these regulations.

Rule 7.2 Post Meat Establishment Enforcement

Rule 5.1 The use of labeling that would not present any potential health, safety or dietary problem tothe consumer;

Rule 5.3 If the language on the original label is not acceptable to the consumer for whom it isintended, a supplementary translation of the information in the required language may be usedinstead of relabelling.

Rule 5.2 Folded flaps. tear strips, inserts, tags or pasters may be used if the surface of the wrappingor packaging material is too small to accommodate the required information.

Rule 7.3 . No labeling shall be used on any product unless a graphical presentation in print or inelectronic medium of such final labeling has been submitted for approval to the Accreditation andRegistration Division. National Meat Inspection Service accompanied by two sets of Application forApproval of Labels, Marking and Devices.

Rule 7.4. The Executive Director of the National Meat Inspection Service shall approve the submittedsketched label.

Rule 7.5 Inserts, tags, liners, pasters and like devices containing printed or graphic matter and torUse on, or to be placed within, containers and coverings of products shall be submitted for approval.

Rule 7.6 The meat establishment uperator shall be responsible for all labels to be affixed to theirproduct prior to transport out of the establishment where said meat were prepared and inspected.

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The NMIS inspectors assigned at the meat establishment shall ensure the compliance to thisrequirement.

CHAPTER VIIICERTIFICATION OF SAFETY OF THE PACKAGING MATERIAL

Rule 8.1 The packaging material entering the official establishment must be covered by a guaranteeor statement of assurance from the packaging supplier under whose brand name and firm thematerial is marketed to establishment. The guarantee or statement of assurance shall state that thematerials comply with the applicable regulations on the safety of packaging materials.

CHAPTER IXEXEMPTIONS

Rule 9.1. Any meat intended for further processing at another official establishment are exempt fromrequirements prescribed in Chapter lII, Rule I.

CHAPTER XFALSE OR MISLEADING LABELS AND MISBRANDED MEAT

Rule 10.1. It shall be unlawful for any person, firm or cOrporation to package, label, sell or advertisemeat in manner that is false, misleading or deceptive or is likely to create an erroneous impressionregarding its character. value, quantity or safety.

CHAPTER XISANCTIONS AND PENALTY

Rule 11. Withholding false or misleading label and misbranded meatRule 11.1 The Secretary may withheld the use of label if there is reason to believe that the label isfalse or misleading.

Rule 11.2 A notice of Cease and Desist Order (COO) shall be issued by the Secretary after if it hasbeen found that there is a reasonable ground to withheld the use of the label.Rule 11.3 The COO shall be lifted only after corrective measures have been instituted and wasvalidated to be true and correct by the NMIS.

Rule 12. Fines and Penalties

Rule 12.1 Any person, firm or corporation who shall violate the provisions of these guidelines shallbe subject to a fine of not less than Five Hundred pesos (Php 500.00) but not more than TwentyThousand Pesos (Php 20,OOO.00),or imprisonment of not less than three (3) months but not morethan two (2) years or both, at the discretion of the court as provided in the Consumer Act of thePhilippines.

CHAPTER XIIREPEALING CLAUSEAND EFFECTIVITY

Rule 12. Repealing clause

Rule 12.1 All existing laws, decrees, orders and rules and regulations or parts thereof which areinconsistent with this Order are hereby repealed or modified accordingly.

RULE XIIIEFFECTIVITY

12.1 This Order shall take effect fifteen (15) days after its publication in a newspaper of nationalcirculation or in the Official Gazette or its filing with the UP Law Center.