March 1, 2011

 

Philippine Department of Agriculture wins case on frozen meat handling

 

 

The Philippine Department of Agriculture (DA) has won its first legal victory against meat importers who questioned the validity of Administrative Order No. 22 that covers the rules of frozen meat handling.

 

Cebu City Regional Trial Court (RTC) Presiding Judge Simeon P. Dumdum junked the petition for preliminary injunction filed by a group of Cebu meat importers and dealers to freeze the implementation of AO 22 that was issued in November by Agriculture Secretary Proceso J. Alcala.

 

The petitioners asked the court to declare the order as unconstitutional since it is discriminatory and violates the equal protection clause of the 1987 Constitution.

 

Petitioners also claimed that AO 22 delegates unwarranted legislative power to the local government units (LGUs) in implementing the handling procedures for chilled meat and frozen meat.

 

Central to the complaint was the order's being unfair since it requires them to store their meat and meat products in a chiller or freezer while local meat dealers are not obliged to do so.

 

Local dealers sell warm meat that is less likely to be contaminated and could stay on the shelves for 12 hours without spoiling, according to the Bureau of Animal Industry (BPI).

 

Dumdum maintained that the distinction between frozen meat and that which is not frozen is clearly defined in AO 22.

 

Since the order applies only to frozen meat products, it could not be deduced as causing injury to frozen meat to the advantage of warm meat, the judge said.

 

Moreover, the court said the petitioners failed to show that AO 22 was unconstitutional, rendering its plea to bar the implementation of the order inappropriate.

 

It added that the guarantee of equal protection of the law is "not violated by a legislation based on reasonable qualification."

 

DA issued AO 22 to institute the proper handling of chilled and frozen meat and meat products in markets.