ORDINANCE NO: 2005-250 BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY IN SESSION ASSEMBLED THAT: Section 1. TITLE. This ordinance shall be known as "The Pagadian City Avian Influenza Prevention & Control Ordinance of 2005." Section 2. PURPOSE. This Ordinance is enacted for the purpose of preventing and controlling possible entry/outbreak of Avian Influenza in the country. Section 3. OBJECTIVES. To prevent the entry of Avian Influenza, thus ensuring public safety. To protect the local livestock industry and other related industries. To promote and protect the health, safety and general welfare of the residents. Section 4. SCOPE AND COVERAGE. This ordinance shall be enforced within the territorial jurisdiction of Pagadian City. Section 5. DEFINITION OF TERMS. For the purpose of this ordinance, the following phrases and terms shall be used to mean: Avian Influenza - an infectious disease in chicken, ducks and other birds caused by different subtypes of the Influenza A virus. BAI - Bureau of Animal Industry. City or LGU - means Pagadian City or its component barangays Fowl /Poultry - includes marketable broilers, culls, day old chicks, pullets, game fowls, native chicken, ducks, hatching eggs, hobby birds, or birds of any kind. Disease free area - has no highly Pathogenic Avian Influenza (HPAI) or Notifiable Avian Influenza (NAI) based on the requirements specified by the OIE International Animal Health Code - 2004 Exotic birds - any bird species or subspecies which do not naturally occur in the Philippines. Negative Monitoring Report - a report to be done by the Veterinarian and City Agriculturist re: AI monitoring data. Poultry Holding Facilities - include commercial farms, backyard units, hatcheries, processing plants, slaughterhouses, aviaries, feed mills, cockpits and public markets. Section 6. CREATION of the LOCAL AVIAN INFLUENZA (AI) TASKFORCE. The AI Prevention and Control Taskforce shall be formed and shall be the main authority to oversee the implementation of the provisions of this ordinance and other related activities as may be provided by rules, regulations and guidelines promulgated by higher authority or mandated by the national laws. The taskforce shall be composed of, but not limited to the following: Chair: City Mayor Vice-Chair: City Vice Mayor Members: City DILG City Veterinarian City Health Officer City Agriculturist City PNP Station Commander President, Liga ng mga Barangay City Information Officer Representative, Poultry Raisers Association Representative, Trimedia Group Protected Area and Wildlife Bureau Officer, PENRO-DENR Port Manager, Philippine Ports Authority Station Commander, Philippine Coastguard Station Head, Bureau of Customs Manager, Air Transportation Office EMB Officer, PENRO-DENR Section 7. CENSUS. The local government shall conduct a census of all livestock and poultry holding facilities in its premises. The surveillance date shall include the type of poultry holding facility, poultry species, poultry population density, facility owner/operator, location, poultry disease profile, bio-security practices, vaccination programs, veterinarian incharge, punong barangay, food security worker, FA president. EMB Office shall furnish copy of ECC on all poultry establishments within the City of Pagadian and the ECC compliance monitoring report to the Local AI Taskforce. Section 8. PROHIBITION OF SALE. It shall be prohibited for any person to engage in trade or have in possession any exotic species. It shall be accordingly penalized as stipulated in Chapter IV (illegal Acts) of RA 9147, otherwise known as THE WILDLIFE RESOURCES CONSERVATION and PROTECTION ACT of 2001. This activity shall be enforced in coordination with the authorities of the DILG - Bureaus or the City PNP station; PAWB, City Agriculture and City Veterinary Offices. Section 9. PROHIBITION of POSSESSION. It shall be unlawful for any person to possess/own or keep unregistered exotic birds for whatever purpose or intent Section 10. OTHER PROHIBITIONS. The City shall assist in the implementation of the following additional prohibitions to safeguard against Avian Influenza while there is a threat of bird flu: Prohibition on sale of live chicken in the market; Prohibition on placing chicken, ducks and pigs together in the same area, cages or pens (at all times); Prohibition on chicken to roam freely; and Prohibition of cockfighting throughout the city. Section 11. COASTAL MONITORING OF SMUGGLING OF FOWL. Smuggling of fowl shall be reported to the Philippine Coastguard and the Bureau of Customs local offices. Section 12. NEGATIVE REPORTING. The City Veterinarian and City Agriculturist shall regularly monitor and submit a joint Negative Monitoring Report QUARTERLY to the Regional Office, Department of Agriculture with a copy furnished to the Provincial Veterinarian. Section 13. ASSIST IN SURVEILLANCE. The LGU shall assist the national/regional surveillance group in the conduct of surveillance in its locality. It shall help in the identification of poultry holding facilities and encourage participation of the facility owners/operators in surveillance and reporting. Surveillance reports shall be recorded and submitted to the National AI Task Force Center at BAI. "Sero-Surveillance" must be conducted twice a year in the backyard/commercial farms and other susceptible fowls. The City shall likewise assist BAI in enforcing requirements covering the local transport of animals, including poultry and poultry by-products, as covered by BAI Memorandum # 08 dated July 13, 2004. This activity shall be enforced in coordination with PNP station. Section 14. INFORMATION DISSEMINATION. The local veterinary/agricultural officer shall conduct regular information campaigns. These campaigns shall include recommended bio-security and other AI preventive measures. They shall be trained by the National Regional Task Force. Section 15. SUSPECTED AI CASES. Reporting. The farm veterinarian or farm owner shall immediately report to the BAI. RFU-DA or city/municipal/provincial veterinarian any occurrence of 1-day mortality of 3% (based on house population) in the case of commercial farms or any unexplained mortality of poultry in two or more households within a barangay or "purok" in a span of 2 days in the case of backyard farms. Investigation/blood collection shall be conducted by the City Veterinarian and the RADDL technician within 24 hours. Movement Control. The local PNP, upon notice from the Local Chief, shall enforce movement control. Farm personnel are not allowed to leave the suspected premises unless with approval from the head of AI taskforce. Likewise, poultry, poultry products, by-products, farm equipment and feeds shall not be allowed to leave the suspected premises. Vaccination. The local health officers shall assist in immunizing veterinarians, laboratory staff, medical health workers, and poultry farm personnel. The Local veterinary/agricultural officers/technician shall assist in the conduct of poultry vaccination in areas identified by the AI task force . Section 16. MOBILIZATION OF BARANGAY HEALTH EMERGENCY RESPONSE TEAM (BHERTS). To maximize efforts at the grassroots level, the organized BHERTs, pursuant to DILG Memorandum Circular No. 2003-95 dated May 7, 2003 shall be mobilized to provide assistance to LGUs in the implementation of Local Avian Influenza Prevention Program. Section 17. PENALTY FOR NON-COMPLIANCE. Any violation of this Ordinance by any person, president of any firm, poultry traders, farm owners shall be liable to prosecution and upon conviction, shall be subject to a fine of not less than Ten Thousand (P10,000.00) Pesos but nor more than Fifty Thousand (P50,000.00) Pesos, or imprisonment of not less than six (6) months but not more than two (2) years, or both upon discretion of the Court. Section 18. IMPLEMENTING RULES AND REGULATIONS (IRR). The formulation of the implementing rules and regulation of this ordinance shall be done by the collaborative efforts by the City Veterinarian, City Health Officer, City Legal Officer, City ENRO and the PAWB. The IRR shall be subject to review and confirmation of the Sangguniang Panlungsod. Section 19. SEPARABILITY CLAUSE. If any provision of this ordinance or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the ordinance on the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 20. REPEALING CLAUSE. All laws, decrees, issuances, ordinances, rules and regulation, parts thereof inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 21. EFFECTIVITY. This ordinance shall take effect fifteen (15) days after its publication in a newspaper of local circulation. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 66th Regular Session held on November 29, 2005 at the SP Session Hall.