PAMBANSANG

PANGASIWAAN

SA PAGKAIN

NATIONAL FOOD AUTHORITY

_________________________________________________________________________________________________________________________

Philippine Sugar Center Bldg. North Ave., Diliman, Quezon City Tel. No. (02) 453-3900/981-3800 to 30 Website www.nfa.gov.ph

 

 

LETTER CIRCULAR

NUMBER  AO-2013-11-006

Date:  November 06, 2013

 

TO          

 

:

ALL GRAINS BUSINESSMEN TRANSPORTING PALAY/ RICE/

                 

 

 

CORN AND/OR CORNGRITS BY  MEANS OF WATER 

                 

 

 

TRANSPORTATION

 

 

 

ALL SHIPPING COMPANIES ACCEPTING

 

 

 

PALAY/RICE/CORN AND/OR CORNGRITS CARGO

FROM 

 

:

THE ADMINISTRATOR

                 

 

 

 

National Food Authority

SUBJECT

 

:

AMENDMENT TO LETTER CIRCULAR NO. AO-2013- 04- 002

 

 

 

DATED MARCH 13, 2013 ON NFA SHIPPING  CLEARANCE

 

 

 

PRIOR TO LOADING OF PALAY/RICE/CORN AND/OR

 

 

 

CORNGRITS IN ANY WATER VESSEL FROM 3,000 BAGS TO

 

 

 

500 BAGS @ 50 kg/BAG NET MINIMUM AND REDUCTION

 

 

 

OF FEES FROM  P1,000.00 TO P200.00 PER SHIPPING

 

 

 

CLEARANCE/PERMIT  ISSUED 

 

Pursuant to the powers vested to the National Food Authority (NFA) under Presidential Decree No. 4, as amended, and its implementing rules and regulations on grains business, the NFA LETTER CIRCULAR NUMBER AO 2013-04-002 dated March 13, 2013 titled “NFA Shipping Clearance Prior to Loading of Palay/Rice/Corn and/or Corngrits in any Water Vessel of 3,000 Bags @ 50 kg/Bag Minimum” is hereby amended to 500 bags @ 50 kg/bag net minimum and reduction of fees from P1,000.00 to P200.00 per shipping clearance/permit issued.  This was approved per NFA Council Resolution No.695-2013 dated November 5, 2013.

 

For your information, be guided of the following:

 

1.            All shippers of palay/rice/corn and/or corngrits by means of water transport, whose volume is  twenty five (25) metric tons or five hundred  bags( i.e. 500 bags @ 50 kg net) and above, shall be required to apply to the nearest NFA office, for a NFA Shipping Clearance/Permit prior to loading.  This covers palay/rice/corn and/or corngrits of local and/or foreign origin.  The application shall be accomplished in triplicate copies using the prescribed form stating among others the quantity, value, names of shipper and consignee.  

 

2.            For the purpose of this Circular, the term “water transport  shall mean and include, but not limited to vessel, boat, barge and other water crafts.  Palay/rice/corn and/or corngrits commodities could either be a full container load (FCL) and/or a less container load (LCL), which includes stocks loaded on trucks on board ferry boats.

 

 

 

 

 

 

3.            Both shipper and consignee should be duly licensed by NFA as wholesale/transporter.  In case the palay/rice/corn and/or corngrits to be shipped are imported, the shipper/transporter should likewise be a licensed NFA importer.

 

4.            If the transporter/shipper is not the direct importer and have just acquired/bought the commodities from another wholesaler or importer, he/she should possess documentary evidences such as Invoices issued by the seller/importer and the corresponding NFA licenses/permits of the same.

 

5.            Consignees of all palay/rice/corn and/or corngrits shipments whether required to have an NFA Shipping Clearance/Permit or not should be able to present for their protection, Sales Invoices and NFA licenses/import/shipping clearance/ permit when demanded by NFA investigators and/or other enforcement agencies.  Absence of these documents or possession of spurious documents shall be a ground for seizure and detention and eventual forfeiture of stocks by the NFA in coordination with the Bureau of Customs (BOC)/ Philippine Ports Authority (PPA) and/or by other enforcement agencies in accordance with the procedures under the Constitution and the Tariff and Customs Code.

 

6.            To ensure adherence and compliance to quality, packaging and labeling standards under L/C No. AO-97-08-001 known as Philippine Grains Standards (PGSP) for Rice and Corn, all shippers are required to show samples of empty sacks (polypropylene or polyethylene bags/sacks) of rice/corngrits to be shipped, before the NFA Regional or Provincial Offices could issue the NFA Shipping Clearance/Permit.

 

7.            The NFA Shipping Clearance/Permit which will be valid only for a period of fifteen (15) calendar days from date of issue, shall be given on a per shipment/ transaction basis in four (4) copies.  It shall be signed by the NFA Administrator or his duly authorized representatives before the palay/rice/corn and/or corngrits shall be allowed to be loaded on the vessel, barge, boat and other water crafts.  A shipper who shall ship out palay/rice/corn and/or corngrits in succession (in a row), may secure the Clearance/Permit in advance provided that the details of shipments are known beforehand.

 

 

 

 

            

 

8.            All consignees of the shipped palay/rice/corn and/or corngrits shall likewise be required to submit a Report to the NFA Provincial office having jurisdiction on the location where palay/rice/corn and/or corngrits shall be discharged/unloaded, within twenty-four (24) hours from receipt of the goods, in triplicate copies using the prescribed form.

 

9.            The NFA Provincial Offices concerned when deemed necessary, shall conduct random inspection, whether at the shipper’s warehouse or at the pier/port of loading and at the port of discharge or consignee’s warehouse, of the stocks covered with a NFA Shipping

Clearance/Permit.

 

10.        A fee of Two Hundred Pesos (P200.00) per shipping clearance/permit issued shall be paid by the applicant/shipper to the NFA Office issuing the NFA Shipping Clearance/Permit to cover the inspection and monitoring expenses and other administrative cost. 

 

11.        The necessary forms shall be secured from the nearest NFA office.

 

12.        Palay/rice/corn and/or corngrits shipments, whether of local or foreign origin, transported without the necessary Shipping Clearance/Permit shall, at the port of destination, be required to pay the required clearance/permit fee.

 

In case of foreign origin, however, shipper must be able to present documents that commodities were imported legally.  Otherwise, the Bureau of Customs in coordination with NFA, shall apply the procedures of forfeiture under the Tariff and Customs Code.  Forfeited imported rice/corn and/or corngrits in this case, shall not be subjected to the usual shipping clearance/permit fee.

 

Under all circumstances, payment of clearance/permit fee is without prejudice to the imposition of administrative penalties and/or the filing of criminal charges as the evidence may warrant.

 

 

Non-compliance with the Circular shall subject the offender, upon conviction, to a punishment by imprisonment of not less than one (1) month nor more than six (6) months or a fine of not less than One Thousand Pesos (P1,000.00) nor more than Four Thousand Pesos (P4,000.00), or both such fine and imprisonment, at the discretion of the court pursuant to Section 29 (c) of Presidential Decree No. 4.  

 

 

 

 

Provided, however, that non-compliance with the rules, regulations, decisions, orders, circulars or directives does not constitute a higher offense under P.D. 4. The offender may also be subjected to administrative proceedings and payment of Four Thousand Pesos (P4,000.00) administrative fine and/or cancellation of his/her NFA license may likewise be imposed.  The NFA may issue cease and desist orders pending the termination of the administrative case.

 

If the violation is committed by a corporation, partnership or association, the penalty shall be imposed upon the President, Directors, Managers, Managing Partner, as the case may be, or other officials thereof, responsible for such violation.

 

Any provision or provisions for Letter Circular No. AO-2013-04-002 dated March 13, 2013 which are inconsistent hereto are hereby repealed accordingly.

 

This is for strict compliance.

 

 

 

(Sgd.) ORLAN A. CALAYAG

Administrator