AN ACT ENHANCING ANIMAL INDUSTRY DEVELOPMENT AND COMPETITIVENESS, STRENGTHENING THE BUREAU OF ANIMAL INDUSTRY, AND CREATING FOR THE PURPOSE THE ANIMAL COMPETITIVENESS ENHANCEMENT FUND

That this shall not apply to feed processing for one's own use, the sale or distribution of the by-products of grains, such as rice bran, rice crush, corn barn, and corn crush, which are sold in their natural state as feeding stuff without having been further processed, mixed with other ingredients, or otherwise manufactured into another form; (2) Importing, distributing, storing, or selling meat or animal products from countries where entry of such meat or animal products are prohibited or banned by existing regulations; (3) Engaging in the importation, manufacture, distribution, or sale of animal products without proper authorization and registration; (4) Allowing the entry of animals, animal products, animal by-products, animal feeds, feed ingredients or feed additives, veterinary drugs or products, veterinary devices, or veterinary biological products without the necessary importation documents, permits, and clearances; (5) Fraudulently using or altering certificates for analysis, diagnosis, or registration; (6) Knowingly using or administering drugs, biologics, antibiotics, and other substances in excess of what is prescribed, which has been proven to seriously affect human health by semi-commercial or commercial animal producers; (7) Knowingly slaughtering any food animal or prepare meat or meat products from animals with communicable disease for sale; (8) Knowingly possessing falsified instrument, certification, document, statement, or device purporting to indicate that a particular product is safe or legitimate with intent to deceive or cause damage; or (9) Harassing, intimidating, assaulting, impeding, or interfering with any inspector during the performance of his/her duties as prescribed under relevant laws and government issuances; (b) Less Grave Offense. The following violations shall be punishable by a fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00) and/or imprisonment from two (2) years and one (1) day to six (6) years at the discretion of the court, taking into account the volume and value of the commodity or animal economic impact to the sector, the potential gains of the violator, loss or damages to the victims, and frequency of the violation: (1) Fraudulently lessening or adulterating the feeding value of any feed or feeding stuff, veterinary drugs or products, veterinary devices, or veterinary biological products; (2) Tampering, altering, mutilating, destroying, obliterating, or removing the whole or any part of the labeling material, packages, and tags or labels of feed and feeding stuff, veterinary drugs or products, veterinary devices, or veterinary biological products for the purpose of defrauding or misleading the public; (3) Making unauthorized disposition of feeds, animals, and animal products placed under confiscation; (4) Disposing solid and liquid wastes from farms during production process in violation of existing environmental standards; (5) Intentionally concealing the existence of notifiable or reportable animal disease by: (i) Hiding or disposing disease animal carcasses; (ii) Refusing to cooperate with inspectors; or (iii) Concealing, tampering, or falsifying laboratory results; (6) Offering the sell, selling, transporting, or storing animals or animal products for sale, at semi-commercial or commercial scale, without proper authorization; (7) Failing to report notifiable diseases to competent authorities when and as required by the BAI and rules and regulations, immediately within twenty-four (24) hours of attaining knowledge of such cases; (8) Adulterating, misbranding, mislabeling, or falsely advertising animal products at semi-commercial or commercial scale; (9) Producing, handling, manufacturing or offering for sale, distributing in commerce, or importing into the Philippines any animal products in violation of food safety standards; (10) Failing or refusing to withdraw meat and animal products from the market or circulation as specified in a recall order; (11) Torturing, maltreating, or abusing any animal through beating, kicking, or using objects to inflict harm; dogfights or hose fights; or other analogous circumstances except when permitted by rules and regulations; (12) Transporting, selling, or disposing of animals coming from areas known to be affected or have been declared to be affected by animal disease; (13) Fabricating, tampering, forging, recycling, or otherwise falsifying any required documents or permits authorizing animal movements; (14) Obstructing, hindering, resisting, or refusing access to pertinent records, or in any other way opposing an inspector in the execution of his/her duties under laws, rules, and regulations; or (15) Casting, printing, lithographing, or otherwise making any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation by brand manufacturers and printers not authorized by the DA Secretary or BAI Administrator; (c) Minor Offense. The following shall be punished by a fine of at least Ten thousand pesos (P10,000.00) and not more than One hundred thousand pesos (P100,000.00) and/or imprisonment from thirty (30) days to two (2) tears at the discretion of the court, taking into account the volume and value of the commodity or animal economic impact to the sector, the potential gains of the violator, loss or damages to the victims, and frequency of the violation: (1) Deliberately violating imposed biosecurity protocols; (2) Killing or slaughtering any animal, except animals raised for food and industrial use and those specified in the Animal Welfare Act; (3) Slaughtering or handling any food animal in violation of existing regulations on humane handling and slaughtering; (4) Refusing or failing to have their animals vaccinated or treated whenever required by competent authorities; (5) Abandoning, displacing, or neglecting to provide adequate care for animals under one's custody or care; or (6) Failing to comply with DA regulations related to quarantine measures and movements of animals. SEC. 25. Administrative Violations. - Violation of administrative orders or regulations promulgated by the BAI or any provision thereof shall subject the offender to a fine of Ten thousand pesos (P10,000.00) to Two hundred thousand pesos (P200,000.00), depending on the socio-economic impact and seriousness of the violation, volume and value of the animal product and by-product, damage to the industry and/or the environment due to the violation, and the habituality of the offender: Provided, That a violator may offer not to contest with the BAI its finding that an offense was committed, after which the BAI, through the adjudication procedure, is authorized to impose not less than the minimum penalty, but not more than half of the maximum penalty imposable for the violation. SEC. 26. Escalation Clause.