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Section 1144. Disposition of Perishable Goods.

— Perishable goods as defined under this Act


when certified as such by the Bureau, maybe sold at a public auction within five (5) days, after a
three (3)-day notice.
For this purpose, perishable goods shall include goods liable to perish or be wasted, or those that
depreciate greatly in value while stored, or which cannot be kept without great disproportionate
expense. The Bureau shall proceed to advertise and sell the same at auction upon notice as shall
be deemed to be reasonable.
Explanation:
Perishable goods certified by the Bureau can be sold at a public auction within 5 days after 3
days of notice. They should not be deposited in a bonded warehouse and must be exported or
transported from the vessel or aircraft in which they were imported or entered for consumption,
along with any duties and taxes paid. When the seizure is made of property that, in the opinion of
the Collector, is liable to perish, be wasted, or to depreciate greatly in value by keeping, or which
cannot be kept without the great disproportionate expense, whether such property consists of live
animals or of any article, the appraiser shall so certify in his appraisal, then the Collector may
proceed to advertise and sell the same at auction, upon such notice as he shall deem reasonable.
(Section 1118).
Section 1145. Disposition of Goods Injurious to Public Health.— Goods in the custody of the
Bureau which, in the opinion of the District Collector are injurious to public health, shall be
seized. The District Collector shall, if the matter is not disposable under the provisions relating to
food and drugs, appoint three (3) members to constitute a Board to examine the goods. The
Board shall be composed of one (1) representative from either the DOH or other appropriate
government agency or the local government unit (LGU) concerned, and two (2) representatives
from the Bureau. If the goods are found to be injurious to public health, the Board shall report
this to the District Collector, who shall appropriately order its destruction or order its re
exportation in accordance with this Act.
The District Collector shall immediately coordinate with the health and quarantine officers at the
port of entry for the disposition of goods injurious to public health.
Explanation:
When any article that, in the opinion of the Collector, is a threat to public health is seized or
otherwise comes into the custody of the Bureau of Customs, the Collector of the port shall, if the
matter is not disposable under the provisions relating to food and drugs, appoint a board of three
members to examine the article whenever possible. One member shall be a representative of the
Bureau of Health or the local health officer, and the two others shall be responsible officials of
the Bureau of Customs, at least one of whom shall be an appraiser. Such board shall examine
said article, and if the same is found to be unfit or a menace to public health, the board shall so
report in writing to the Collector, who shall forthwith order its destruction in such manner as the
case may require.
Section 1146. Disposition of Prohibited Goods.— Prohibited goods, as provided in Section 118
of this Act, shall be destroys, except paragraph 4. thereof which shall be turned over to the BSP.
All goods suitable for shelter, foodstuffs, clothing materials or medicines may be disposed in
accordance with Section 1141 of this Act.

Explanation:
Not all government-seized goods can be auctioned or destroyed. Except for paragraph 4, as
allowed by Section 118 of this act. Some commodities suitable for shelter, such as food, clothing,
or medicines, may be disposed of. Mode of Sale-In the absence of any special provision,
property subject to sale by the customs authorities shall be sold at public auction following ten
days' notice conspicuously posted at the port and such other advertisement as the Collector
deems appropriate in the particular case under Section 1141 of this Act.

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