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ORDINANCE 03 series of 2009

EXCERPT FROM THE MINUTES OF THE 88TH REGULAR SESSION OF THE 15TH CITY SANGGUNIANG PANGLUNGSOD, CITY OF GENERAL SANTOS, HELD AT ITS SESSION HALL ON TUESDAY, APRIL 14, 2009.

PRESENT:

Hon. Florentina L. Congson                                 City Vice Mayor & Presiding Officer

Hon. Jose Orlando R. Acharon                            City Councilor (President Pro Tempore)

Hon. Eduardo D. Leyson III                                   City Councilor (Floor Leader)

Hon. Richard L. Atendido                                    City Councilor

Hon. Minardo A. Avila, Jr.                                City Councilor (2nd Asst. Floor Leader)

Hon. Ramon R. Melliza                                        City Councilor

Hon. Nepthale P. Natividad                              City Councilor

Hon. Jose Mariano Constantino

G. Gonzalez                                                 City Councilor (1st Asst. Floor Leader)

Hon. Dante S. Vicente                                        City Councilor

Hon. Orlando A. Oco                                          City Councilor

Hon. Margareth Rose N. Santos                     City Councilor

Hon. Dominador S. Lagare, III                        City Councilor

Hon. Lourdes F. Casabuena                              City Councilor (President, Liga ng mga Barangay)

Hon. Jane R. Calunsag                                       City Councilor (SK Federation President)

ABSENT:

 

Hon. Vivencio E. Dinopol                                    City Councilor (OL)

 

 

WHEREAS, it is the policy of the state to promote and respect the rights, religious practices and general well-being of all Filipinos, including all Muslim Filipino residing in the City of General Santos, as part of the government’s recognition of their productive contributions to the common goal of nation-building;

WHEREAS, the establishment of the Philippine National Standard on Halal Foods and the Philippine Halal Certification, as authorized by Executive Order No. 46, and Memorandum Order 201 signed by Her Excellency President Gloria Macapal-Arroyo, requires the creation of duly accredited abattoirs, dressing plants for slaughtered Halal products, including preparation, handling, storage, transport, and distribution of Halal food to specific consumers and traders;

WHEREAS, this Sanggunian aims to minimize, if not eradicate among the city constituents, the existing gaps, doubts, confusion, misunderstanding and possible abuse on the concept of halal meat products, particularly their appropriate handling, storage and transport to intended markets and consumers;

NOW, THEREFORE, on motion of City Councilor Minardo A. Avila, Jr., for joint sponsorship, duly seconded by City Councilor Richard L. Atendido, be it-

RESOLVED, as it is hereby resolved, to enact this Ordinance:

ORDINANCE NO. 03

Series of 2009

 

AN ORDINANCE PROVIDING FOR THE CREATION, ESTABLISHMENT, OPERATION, MAINTENANCE, AND MANAGEMENT OF A HALAL ACCREDITED ABATTOIR, EXCLUSIVE HALAL MEAT DELIVERY VAN AND OTHER FACILITIES/AMENITIES FOR THE PROMOTION AND ADVANCEMENT OF THE HALAL DEVELOPMENT PROGRAM, AND TO APPROPRIATE BUDGET THEREFOR

 

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JOINT SPONSORSHIP

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Be it ordained by the Sangguniang Panlungsod of General Santos that:

Section 1.  Statement of Policy. – In consonance with all existing policies and guidelines constituting the Philippine National Standards on Halal Food and Memorandum Order 201 issued on December 23, 2005 by Her Excellency President Gloria Macapal Arroyo, there is hereby declared a general policy and requirement that the City Government of General Santos shall create/establish, operate, maintain and manage a Halal accredited Abattoir, exclusive delivery meat van and other facilities/amenities for the development and promotion of halal program in the city.

Section 2.  Policy Directions. -  To carry out the foregoing policy, the City government of General Santos shall initiate, implement and support to:

  1. Appropriate an amount for the establishment, operation, maintenance and management of a   Halal abattoir;
  2. Coordinate with duly authorized body in the city that will take responsibility to accredit/certify Halal Slaughterhouse, Meat Delivery Van and other facilities;
  3. Support proper monitoring of compliance with the general policy on Halal Food standard, specifically on the use of abattoir, Halal Meat Van, Stalls, and other facilities, and as such, impose corresponding penalties thereof.

Section 3. Definition of Terms. -   For purposes of this Ordinance, the following terms shall be defined:

  1. Halal – an Arabis term which means “permissible” or “lawful”.
  2. Haram – an Arabic term which means unlawful, forbidden or prohibited.
  3. Islamic Law – are laws from the Holy Qur’an and Hadith of Prophet Muhammad (SAW) and other considered sources.
  4. Quality Assurance – the activity of providing the evidence needed to establish confidence that the quality function is being performed adequately.
  5. Certification – attestation of certifying body related to product, process, system, persons.
  6. Accreditation – third party attestation related to a conformity assessment body that conveys formal demonstration of its competence to carry out specific assessment and regulatory tasks.
  7. Halal Food – any substance, whether processed, semi-processed or raw, which is permissible for human consumption, and include drinks, chewing gum, supplement and substance which has been used in the manufacture, preparation or treatment of “food” but does not include cosmetics, tobacco or substance used as “drugs” and intoxicating drinks.
  8. Food Handling – any operation in the preparation, processing, packaging, repacking, storage, transport, distribution, sale and services of food product.
  9. Halal Abattoir – is a structure or a slaughterhouse where exclusively halal animals are slaughtered in accordance with Muslim law.
  10. Halal Meat Van – is a duly certified Halal Delivery Van used exclusively for Halal meat.
  11. Shubbah – an Arabic term which means doubtful, suspicious and questionable.
  12. Najis – an Arabic term which mans filth or unclean.
  13. Islamic Competent Authority – refers to eminent Mufti and Ulama who endorsed the Philippine National Standard on Halal Food recognized by the Philippine Government.
  14. Facilities/Amenities – includes, but not limited to all equipments, devices, tools spaces/areas, and materials necessary in carrying out the halal activities.
  15. Halal Procedure – refers to the procedure of slaughtering animals in accordance with Sharia.
  16. Butcher Person – is a person authorized to slaughter animals at the halal abattoir.

Section 4. Scope and Coverage. – This Ordinance shall be enforced within the territorial jurisdiction of General Santos City.

Section 5. Purpose/Objective. – This Ordinance shall serve to aid the implementation of the Philippine National Standards on Halal Food, specifically in the preparation, processing, storage, handling, transporting, and distribution of halal products within the territorial jurisdiction of General Santos City, thereby, realize the following objectives:

  1. To establish, operate, maintain, and manage a halal accredited abattoir;
  2. To prevent the mishandling of all halal meat products traded and sold within the City of General Santos;
  3. To help reinforce the proper management and handling of halal meat products, particularly on the aspect of preparation, processing, storage, transporting and distribution towards its intended market.
  4. To insure among consumers that meat and meat products produced and handled by this establishment are halal and passed the quality assurance system.
  5. To prevent possible occurrence of “Shubhah”(doubtful) mentality among the followers of Islam;
  6. To promote better understanding and respect of the laws and Islamic guidelines defining the concept of halal to its consumers;
  7. To promote and enhance awareness on the concept of halal and haram, which contribute to the appreciation of halal to its consumers and traders;
  8. To insure availability of halal products in the market; and
  9. To promote halal products for local and foreign trading and marketing.

 

Section 6. Enumeration of Prohibited Animals. -  All the prohibited animals enumerated in the Philippine National Standard on Halal Foods shall be included in this Ordinance.  Those not mentioned in the said guidelines are deemed excluded.

 

Section 7. Prohibited Acts. – It shall be unlawful for any person, involved in the halal abattoir management, halal meat delivery van, and other facilities used in the halal operation to allow and or commit the following:

 

1.    Slaughtering of prohibited animals in the halal abattoir;

2.    Mixing of non-halal with halal meat on handling, storage and transporting of halal meat.

3.    Using halal accredited abattoir, halal meat delivery van, halal storage facilities, and halal stalls for non-halal products.

4.    Transporting of Halal meat products using non halal accredited delivery van;

5.    Allowing the physical contact of devices and tools used in processing, slaughtering, storage and transporting of non-halal meat products;

6.    Tampering and misuse of halal meat logo of certifier.

7.    Slaughtering of animals in the halal abattoir not in accordance with the halal procedure as established in Sharia.

Section 8. Penalty Clause. – Any person and/or registered owner and manager of meat delivery van who commit unlawful acts, in violation of Section 7 hereof, shall be penalized as follows:

 

  1. First Offense:  Fine of One Thousand Pesos (1,000.00) or imprisonment of not less than six (6) months, or both such fine and imprisonment at the discretion of the court.
  2. Second Offense:  Fine of Three Thousand Pesos(3,000.00) or imprisonment of not less than nine (9) months, or both such fine and imprisonment at the discretion of the court.
  3. Third Offense: Five of Five Thousand Pesos (5,000.00) or imprisonment of One (1) Year, or both, such fine and imprisonment at the discretion of the court.

 

Section 9. Implementing  Rules and Regulations. -  The Office of the City Mayor, through the Cultural Affairs Division, Office of the City Veterinarian in coordination with the Office on Muslim Affairs (OMA), shall formulate the rules and regulations for the smooth implementation of this Ordinance.

 

Section 10. Funding. – The fund for the constitution, operation and management of the Halal Abattoir, equipment and other amenities, procurement of Halal Meat Delivery Van, which shall be for the exclusive use of halal meat, and other costs shall be taken from the City Government General Fund.

 

Section 11. Separability Clause. – If for any reason any portion of this Ordinance is declared to be unconstitutional or invalid, all other provisions hereof which are not affected thereby shall continue to be in full force and effect.

 

Section 12. Repealing Clause. – All ordinances, resolutions, memoranda, orders and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly.

 

Section 13. Effectivity. – This Ordinance shall take effect after thirty (30) days following the completion of its full publication in any newspaper of general circulation within the city.

 

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 88th Regular Session held on April 14, 2009.

 

CERTIFIED CORRECT:

 

 

(SGD) ATTY. ROSENDO A. ROQUE

Secretary to the Sanggunian

 

ATTESTED BY:

 

(SGD) FLORENTINA L. CONGSON

City Vice Mayor and Presiding Officer

 

 

Approved by His Honor, the City Mayor on April 23, 2009.

 

(SGD) PEDRO B. ACHARON JR.

City Mayor

 

N.B.

 

This Ordinance has been published in the THE SOUTHERN REVIEW as can be verified in its issue on July 6-12, 2009.

 

 

 

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