Republic of the Philippines

RECEIVED |
a

HOUSE OF REPRESENTATIVES ME; LUPE)
Quezon City "ME =
oY
EIGHTEENTH CONGRESS . S
First Regular Session e DEX. wy

House Bill No.__5641

Introduced by: HON. RUTH MARIANO-HERNANDEZ

EXPLANATORY NOTE

‘The enactment of Republic Act No. 10068, otherwise known as the Organic Agriculture
Act of 2010, is considered a major shot in the arm to the local organic market. But there
isa need to fine-tune the Act in order to further promote organic agriculture in the
country.

This bill seeks important amendments to R. A. 10068 to make the said law more
appropriate for our country's food producers that include marginal farmers, municipal
fisherfolk and micro, small and medium entrepreneurs.

Criticism on the seemingly exclusive rights given to private certifying bodies severely
prevents the all-round growth of organic agriculture as it prevents small farmers from
going organic. The high cost to get certified ~ in order to use the “organic” label for
organic produce - discriminates against our small farmers, small fisherfolks and
indigenous peoples who have a long history and traditions of raising and producing
organic goods. Denying them to label what is essentially an organic product as such is
also detrimental to their livelihood.

‘This bill also recognizes the Participatory Guarantee System (PGS) in the certification
and labeling of organic products and brings together the appropriate agencies and
stakeholder groups to develop and strengthen such alternative certification
mechanisms. It likewise ensures the protection of indigenous organic resources against
cross contamination of engineered crops. Sustainable agricultural methods, such as
organic farming, are better alternatives to the import-based and toxic farming methods
which are destroying our soils and water resources.

In ideas immediate passage of this bill is earnestly sought.
.
Approved, ”
HOW - HERNANDEZ
id

District, Laguna


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__5641

Introduced by: HON. RUTH MARIANO-HERNANDEZ

AN ACT
AMENDING REPUBLIC ACT NO. 10068 OR “THE ORGANIC AGRICULTURE ACT OF
2010”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Section 2 of Republic Act No. 10068, otherwise known as the “Organic
Agriculture Act of 2010”, is hereby amended, to read as follows:

“SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
promote, propagate, develop further and implement the practice of organic
agriculture AND OTHER SUSTAINABLE AGRICULTURE PRACTICES in the
Philippines that will cumulatively [condition and enrich the fertility] ADDRESS
SUSTAINABLE DEVELOPMENT GOALS AND THE ADVERSE IMPACT OF CLIMATE
CHANGE BY ENHANCING THE CONDITION AND ENRICHING THE HEALTH of the
soil, increase farm productivity BY OPTIMIZING LOCALLY AVAILABLE FARM
INPUTS AND INCREASING FARMER'S INCOME, PROMOTE FOOD SELF-
SUFFICIENCY, reduce pollution and destruction of the environment, prevent the
depletion of natural AND AVAILABLE resources, further protect the health of
farmers, consumers, and the general public THROUGH THE IMPLEMENTATION
OF AN EFFECTIVE REGULATORY MANAGEMENT SYSTEM [and save on imported
farm inputs]. Towards this end, [a comprehensive program for the promotion of
community-based organic agriculture systems, which include, among others,
farmer-produced purely organic fertilizers such as compost, pesticides and other
farm inputs, together with a nationwide educational and promotional campaign
for their use and processing, as well as adoption of organic agriculture system as
a viable alternative] A STRENGTHENED IMPLEMENTATION OF THE NATIONAL
ORGANIC AGRICULTURE PROGRAM, ENHANCED REGULATORY CAPACITY,
ESTABLISHED INSTITUTIONAL ARRANGEMENTS, AND THE PROMOTION OF
ORGANIC AGRICULTURE PRODUCTION, POST PRODUCTION AND MARKETING
SYSTEMS INCLUDING THOSE THAT ARE COMMUNITY-BASED TOGETHER WITH
A NATIONWIDE EDUCATIONAL AND PROMOTIONAL CAMPAIGN FOR THEIR

2


USE AND PROCESSING AS WELL AS THE ADOPTION OF ORGANIC AGRICULTURE
SYSTEM AS A VIABLE ALTERNATIVE AND MEANS TO ENSURE FOOD SECURITY
shall be undertaken.

‘The State recognizes and supports the central role of the farmers, FISHERFOLKS,
indigenous peoples and other RELEVANT stakeholders at the grassroots in this
program.”

Section 2. Section 3 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall
be defined as follows:

XXX

(0) PARTICIPATORY GUARANTEE SYSTEMS (PGS) REFERS TO A QUALITY
ASSURANCE INITIATIVE THAT IS LOCALLY RELEVANT, EMPHASIZES ON THE
PARTICIPATION OF STAKEHOLDERS, INCLUDING PRODUCERS AND
CONSUMERS, SINCE THE SYSTEM IS BASED ON DIRECT PERSONAL
RELATIONSHIPS BETWEEN THE CONSUMERS AND PRODUCERS, IT NORMALLY
FAVORS DIRECT OR SHORT-DISTANCE MARKET RELATIONSHIPS.

(P) SMALL FARMERS REFER TO NATURAL PERSONS DEPENDENT ON SMALL-
SCALE SUBSISTENCE FARMING AS THEIR PRIMARY SOURCE OF INCOME AND
WHOSE SALE, BARTER OR EXCHANGE OF AGRICULTURAL PRODUCTS DO NOT
EXCEED A GROSS VALUE OF ONE HUNDRED EIGHTY THOUSAND PESOS
(P180,000) PER ANNUM BASED ON 1992 CONSTANT PRICES. AN INTER-
AGENCY COMMITTEE COMPOSED OF THE DEPARTMENT OF AGRARIAN
REFORM (DAR), THE DEPARTMENT OF TRADE AND INDUSTRY (DTI), THE
DEPARTMENT OF FINANCE (DOF) AND THE NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY (NEDA) AND HEADED BY THE DA MAY CONDUCT
PERIODIC REVIEW AND ADJUSTMENTS OF THE INCOME LEVEL TO TAKE INTO
ACCOUNT THE EFFECTS OF CHANGES IN INFLATION, DEVALUATION AND
CONSUMER PRICE INDEX CONSISTENT WITH R.A. 10068 AND THE MAGNA
CARTA FOR SMALL FARMERS.

(Q) SMALL FISHERFOLKS REFER TO PERSONS: DIRECTLY OR PERSONALLY AND
PHYSICALLY ENGAGED IN TAKING, CULTURING AND PROCESSING FISHERY
AND/OR AQUATIC RESOURCES AS THEIR PRIMARY SOURCE OF INCOME AND
ARE USING FISHING BOATS OF THREE (3) GROSS TONS OR LESS. THEY ARE
ALSO KNOWN AS MUNICIPAL FISHERFOLK.

(R) DESIGNATING AUTHORITY REFERS TO THE AGENCY WITHIN THE
DEPARTMENT OF AGRICULTURE (DA) TO PROVIDE RECOGNITION TO ORGANIC
CERTIFYING BODY, ACCREDITED CERTIFYING BODY, AND OTHER ORGANIC
GUARANTEE SYSTEM PROVIDER, SUSPENSION OR WITHDRAWAL OF
RECOGNITION.

(S) RECOGNITION REFERS TO GOVERNMENTAL AUTHORIZATION OF AN

3


ORGANIC CERTIFYING BODY TO PERFORM CERTIFICATION ACTIVITIES, AND
OTHER ORGANIC GUARANTEE SYSTEM PROVIDERS TO PROVIDE GUARANTEE
ON ORGANIC PRODUCTION SYSTEMS IN ORDER TO ASSURE CONFORMANCE OF
OPERATORS TO THE APPLICABLE PNS RELEVANT TO ORGANIC AGRICULTURE
AND OTHER REGULATORY REQUIREMENTS.”

Section 3. Section 4 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 4. Coverage. - The provisions of this Act shall apply to the development
and promotion of, AND ADOPTION OF RELEVANT AND APPROPRIATE ORGANIC
AGRICULTURE TECHNOLOGIES AND INTERVENTIONS, AND IMPLEMENTATION
OF EFFECTIVE REGULATORY MANAGEMENT SYSTEM SUPPORTING organic
agriculture and shall include, but not limited to, the following:

(a) Policy formulation AND DEVELOPMENT, ENFORCEMENT, REVIEW AND
REVISION OF REGULATIONS WHICH INCLUDE LICENSING, registration,
RECOGNITION, certification and labelling of organic [agriculture] FOOD, NON-
FOOD AND INPUT PRODUCTS TO ENSURE CONSUMER PROTECTION AND
FACILITATE MARKET ACCESS;

(B) STRATEGIC DIRECTION FORMULATION FOR EFFECTIVE IMPLEMENTATION
OF THE NOAP;

[b] (C) Research, development and extension of appropriate, sustainable
environment and gender friendly organic agriculture;

[c] (D) Promotion and encouragement of the establishment of facilities,
equipment and processing plants that would accelerate the production and
commercialization of organic fertilizers, BIO-pesticides, BIO-herbicides and other
appropriate farm inputs; [and]

[a] (E) Implementation of THE NOAP, AND ITS CORRESPONDING PROJECTS AND
ACTIVITIES, INCLUDING THE PROVISION AND DELIVERY OF PRODUCTION AND
POST PRODUCTION SUPPORT SERVICES, AQND IRRIGATION NETWORK
[organic agricultural programs, projects and activities, including the provision
and delivery of support} services with focus on [the] SMALL farmers and
FISHERFOLKS AND THEIR ORGANIZATIONS [other stakeholders]; AND,

(F) MARKET DEVELOPMENT AND TRADE FACILITATION.”
Section 4. Section 7 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 7. Composition of the NOAB.
The NOAB shall consist of:

(a) The Secretary of Agriculture, or his duly authorized permanent
representative, with a rank of Undersecretary, as Chairperson;
XXX


(i) Three (3) representatives from the small farmers/FISHERFOLK
PRACTICING ORGANIC AGRICULTURE/AQUACULTURE FOR AT LEAST
‘THREE (3) YEARS, ALLOCATED AS FOLLOWS: ONE REPRESENTATIVE
FROM LUZON; ONE REPRESENTATIVE FROM VISAYAS; AND ONE
REPRESENTATIVE FROM MINDANAO.

(j) A representative each from the CSO involved in sustainable ORGANIC

agriculture/AQUACULTURE for at least three (3) years; [agricultural
colleges and universities; and private sector or agribusiness firms; as
members];

(K) THREE (3) REPRESENTATIVES FROM THE PRIVATE SECTOR OR
AGRIBUSINESS FIRMS INVOLVED IN ORGANIC
AGRICULTURE/AQUACULTURE FOR AT LEAST THREE YEARS; AND;

(L) A REPRESENTATIVE FROM THE AGRICULTURAL COLLEGES AND
UNIVERSITIES, OR THE DULY AUTHORIZED ALTERNATE
REPRESENTATIVE, as members.

‘The aforementioned designated representatives of the various departments
shall be occupying positions not lower than director level and shall be on a
co-terminous basis.

The representatives of SMALL FARMERS, NGOs, CSOs, and of agricultural
colleges and universities, PRIVATE SECTOR OR AGRIBUSINESS FIRMS, AND
THE ACADEME shall be [chosen] DESIGNATED/APPOINTED by the
Secretaries of Agriculture and Science and Technology respectively, from
among nominees submitted to the agency concerned by their respective
national organizations or academic institutions. These representatives must
be conversant, involved or practicing organic agriculture, SUPPORTIVE, and
committed to the implementation of policies and Program provided under
this Act.

‘The existing National Organic Agriculture Board NOAB created pursuant to
Republic Act No. 10068 shall continue to function until the new NOAB
created herein has been constituted pursuant to Section 8 hereof.”

Section 5. Section 8 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 8. Organization of the NOAB. - Within sixty (60) working days from the
effectivity of this Act, the national organizations of small farmers, of NGOs and of
agricultural colleges and universities shall submit their respective nominees to
the Secretary of Agriculture and the Secretary of Science and Technology, as the
case maybe, who shall evaluate the qualifications of the nominees and appoint
the most qualified members of the NOAB.

The Chairperson shall call the members of the NOAB, or a majority thereof if not
all have been designated, to a meeting to organize themselves and prescribe its
rules and procedures for the attainment of this Act. A majority of all the

5


members of the NOAB shall constitute a quorum. THE MEMBERS OF THE NOAB
SHALL MEET AT LEAST ONCE EVERY QUARTER AFTER ITS ORGANIZATION.

The NOAB shall also determine its budget, including travel expenses, allowances
and per diems of its non-government members when attending official NOAB
meetings or attending to matters assigned to them subject to accounting and
auditing rules and regulations.

FUNDS SHALL BE PROVIDED TO ENSURE THE OPERATIONALIZATION OF THE
NOAB AND EXECUTION OF ITS DUTIES AND FUNCTIONS. THE NOAB SHALL
ALSO DETERMINE ITS BUDGET, INCLUDING, BUT NOT LIMITED TO, TRAVEL
EXPENSES, ALLOWANCES AND PER DIEMS OF ITS NON-GOVERNMENT
MEMBERS WHEN ATTENDING OFFICIAL NOAB MEETINGS OR ATTENDING TO
MATTERS ASSIGNED TO THEM SUBJECT TO ACCOUNTING AND AUDITING
RULES AND REGULATIONS.”

SECTION 6. A new Section 9 is hereby inserted, to read as follows:

“SEC.9. THE NATIONAL TECHNICAL AND ADMINISTRATIVE SECRETARIAT
OF THE NOAB.

‘THE NATIONAL TECHNICAL AND ADMINISTRATIVE SECRETARIAT OF THE
NOAB SHALL HAVE THE FOLLOWING DUTIES AND FUNCTIONS:

A. PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT TO THE NOAB
AND ITS TECHNICAL COMMITTEES TO ENSURE EFFECTIVE AND EFFICIENT
PERFORMANCE OF ITS FUNCTIONS;

B. COORDINATE WITH DA REGULATORY AGENCIES IN ESTABLISHING A
DATABASE OF REGISTERED ORGANIC PRODUCTS AND LICENSED ORGANIC
OPERATORS;

C. COORDINATE AND COLLABORATE WITH THE NOAP-NPCO AND

OTHER RELEVANT GOVERNMENT AGENCIES IN ENSURING THAT
APPROVED NOAB POLICIES, PROJECTS AND ACTIVITIES ARE
IMPLEMENTED IN ACCORDANCE WITH RESULTS OF RELEVANT
ASSESSMENTS AND REVIEWS; AND

D. ESTABLISH A DATABASE OF CERTIFIED ORGANIC OPERATORS,
REGISTERED ORGANIC PRODUCTS AND LICENSED ORGANIC
OPERATORS;

AN OFFICE SHALL BE ESTABLISHED UNDER THE DA AND SHALL HOUSE
THE MEMBERS OF THE NOAB AND THE NOAB SECRETARIAT. THE NOAB
OFFICE SHALL BE STRENGTHENED AND EMPOWERED IN TERMS OF
PROVISION OF PLANTILLA POSITIONS FOR TECHNICAL AND
ADMINISTRATIVE PERSONNEL.”

Section 7. Section 10 of Republic Act No. 10068 is hereby amended, to read as follows:

6


“SEC. 10. Bureau of Agriculture and Fisheries [Product] Standards ([BAFPS]
BAFS) of the DA.

The [BAFPS] BAFS of the DA shall [be strengthened] STRENGTHEN and
[empowered] EMPOWER [in terms of establishing] THE ESTABLISHED
functional divisions FOR ORGANIC AGRICULTURE THROUGH and incremental
staffing to serve as the national technical and administrative secretariat of the
NOAB, with the member agencies providing additional staff support as the need
arises, PERFORM AS STANDARD SETTING AGENCY AND DESIGNATING
AUTHORITY FOR THE RECOGNITION OF ORGANIC CERTIFYING BODIES (OCBs),
AND PARTICIPATORY GUARANTEE SYSTEM (PGS) GROUPS.

THE BAFS SHALL PROVIDE RECOGNITION TO LEGAL ENTITIES TO PROVIDE
GUARANTEE ON THE INTEGRITY OF THE ORGANIC PRODUCTION SYSTEM.
RECOGNITION SHALL BE GIVEN TO OCBS AND PGS GROUPS. CERTIFICATION
PROVIDED BY RECOGNIZED OCBS AND PGS GROUPS SHALL BE VALID FOR
FIVE YEARS SUBJECT TO ANNUAL CONFORMITY ASSESSMENTS AND
RANDOM AUDITS.

THE BAFS SHALL ALSO BE TASKED TO FORMULATE THE SEPARATE
REGULATIONS, GUIDELINES AND CORRESPONDING RULES ENTITY. THE BAFS
IS TASKED TO FORMULATE THE NECESSARY AND PROCEDURES, BASED ON
NATIONAL AND INTERNATIONAL STANDARDS AND GUIDELINES, IN THE
RECOGNITION OF OCBS AND PGS GROUPS.”

Section 8. A new Section 11 is hereby inserted, to read as follows:

“SEC. 11. NATIONAL ORGANIC AGRICULTURE PROGRAM - NATIONAL
PROGRAM COORDINATING OFFICE (NOAP-NPCO)

THE FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE BAFS, SHALL NOW
BE TRANSFERRED TO THE DEPARTMENT OF AGRICULTURE-FIELD OPERATION
SERVICE (DA-FOS). TO MANAGE THE EFFECTIVE IMPLEMENTATION OF THE
PROGRAM, THE DA-FOS SHALL BE FURTHER STRENGTHENED AND
EMPOWERED IN TERMS OF ESTABLISHING A FUNCTIONAL DIVISION AND
INCREMENTAL STAFFING; TO SERVE AS THE NPCO; AND SHALL PERFORM THE
FOLLOWING DUTIES AND FUNCTIONS:

a. DEVELOP ROADMAP AND ITS CORRESPONDING ANNUAL WORK AND
FINANCIAL PLAN IN COORDINATION WITH THE DA IMPLEMENTING
AGENCIES AND DA-RFOS IN CONSULTATION WITH THE CONCERNED
STAKEHOLDERS TO IMPLEMENT PROJECTS AND ACTIVITIES PURSUANT TO
THE NOAP AND THOSE IDENTIFIED BY THE NOAB;

b. CONDUCT SYSTEMATIC ASSESSMENT TO EVALUATE THE PERFORMANCE
OF THE PROGRAM;

c. CONDUCT PERIODIC PROGRESS MONITORING AND IMPACT EVALUATION

7


TO ENSURE THAT INTERVENTIONS ARE RESPONSIVE TO THE NEEDS OF
‘THE STAKEHOLDERS;

d. CREATE EFFECTIVE NETWORKING WITH INTERNATIONAL DONORS AND
PARTNERS TO IMPLEMENT PROJECTS AND ACTIVITIES;

e. DEVELOP AND MANAGE EFFECTIVE STRATEGIES FOR TECHNOLOGY
‘TRANSFER MECHANISM IN ORDER TO BUILD COMPETENCY, WHICH MAY
INCLUDE ACTIVITIES RELATED TO ADVOCACY AND PROMOTION OF
RELEVANT AND APPROPRIATE ORGANIC AGRICULTURE TECHNOLOGIES
AND ACTIVITIES INCLUDING NATIONWIDE CONFERENCES, IN
PARTNERSHIP WITH ATI AND RELEVANT STAKEHOLDERS; AND

f. PERFORM SUCH OTHER FUNCTIONS, DUTIES AND RESPONSIBILITIES AS
MAY BE NECESSARY TO IMPLEMENT THIS ACT AND AS DIRECTED BY THE
NOAB.

IN A LIKEWISE MANNER, A NOAP-REGIONAL PROGRAM COORDINATING
OFFICE (NOAP-RPCO) WITH INCREMENTAL STAFFING AND WITH OTHER
DIVISIONS PROVIDING ADDITIONAL STAFF AS THE NEED ARISES, SHALL BE
ESTABLISHED IN THE DA-RFOS TO SERVE AS REGIONAL PROGRAM
COORDINATING OFFICE.

THE DA, THROUGH THE NOAP-NPCO AND UPON APPROVAL OF THE NOAB,
SHALL RENDER AN ANNUAL REPORT TO BOTH HOUSES OF CONGRESS ON
‘THE ACCOMPLISHMENT OF THE PROGRAM. A REVIEW ON THE VIABILITY OF
THE PROGRAM SHALL BE MADE BY THE CONCERNED AGENCIES AFTER
THREE (3) YEARS OF ITS IMPLEMENTATION.”

Section 9. A new Section 12 is hereby inserted, to read as follows:

“SEC. 11. PARTICIPATORY GUARANTEE SYSTEMS.

AN ESTABLISHED PGS GROUP WITH LEGAL FOUNDATION, AND DEFINED AND
TRANSPARENT RULES AND STANDARDS SHALL SUBMIT ITS APPLICATION TO
THE BAFS ACCREDITATION SECTION. THE ESTABLISHED PGS MUST ENSURE.
THAT IT HAS GONE THROUGH THE COMPLETED TRAININGS ON INTERNAL
CONTROL SYSTEM AND OTHER RELEVANT TRAININGS ON ORGANIC
AGRICULTURE. AFTERWARDS, THE BAFS ACCREDITATION SECTION SHALL
REVIEW THE SUBMITTED DOCUMENTS. AFTER WHICH, AN AUDIT TEAM IS
ORGANIZED TO CARRY OUT OFFICE AND WITNESS AUDITS. REPORTS ON THE
RESULTS OF THE OFFICE AND WITNESS AUDITS SHALL BE SUBJECTED FOR
REVIEW AND EVALUATION.

THE BAFS WILL PROCESS THE RESULTS OF THE AUDITS AND ALL
INFORMATION RELEVANT TO THE APPLICATION OF THE PGS GROUP, AND
RECOMMENDS A DECISION TO THE BAFS DIRECTOR. SHOULD A POSITIVE
DECISION BE AGREED UPON, THE ACCREDITATION SECTION PREPARES AN
OFFICIAL RECOGNITION CERTIFICATE AND SUBMIT THIS, TOGETHER WITH
THE BAFS-OAD RECOMMENDATION, TO THE DIRECTOR FOR HIS/HER

8


APPROVAL. WHEN GRANTED WITH OFFICIAL RECOGNITION, THE PGS GROUP
SHALL BE SUBJECTED TO SURVEILLANCE AUDITS TO VERIFY CONTINUED
COMPLIANCE TO STANDARDS, THIS GUIDELINES, AND THE TERMS AND
CONDITIONS. SHOULD THE BAFS DIRECTOR DECIDES OTHERWISE, THE
DECISION AND THE REASON/S FOR DENIAL SHALL BE COMMUNICATED TO
THE APPLICANT.

BY SIGNING THE TERMS AND CONDITIONS, THE PGS GROUP AGREES TO
COMPLY WITH THE REQUIREMENTS, POLICIES AND PROCEDURES. THE
VALIDITY OF THE RECOGNITION SHALL BE FIVE (5) YEARS SUBJECT TO
ANNUAL CONFORMITY ASSESSMENTS.

UPON RECOGNITION, PGS GROUPS WILL BE AUTHORIZED TO GUARANTEE THE
PRODUCTS AND OPERATIONS OF ITS MEMBERS, AND ALLOW THE USE OF ITS
PGS GUARANTEED ORGANIC MARK. THE PGS GROUPS MUST ENSURE THAT ITS
FARMER MEMBERS ARE READY FOR ITS GUARANTEE PROCESS. IF FOUND
READY, THE FARMER SUBMITS ACCOMPLISHED APPLICATION FORM AND
REQUIRED DOCUMENTS INCLUDING THE SIGNED FARMERS’ PLEDGE TO THE
PGS COMMITTEE THAT WILL ACCEPT AND REVIEW THE DOCUMENTS, AND
ASSIGN PEER REVIEWER TO CONDUCT ON-SITE INSPECTION OF FARM
OPERATIONS. THE PEER REVIEWERS ASSESS THE FARM AND SUBMITS
REPORT TO THE PGS COMMITTEE. THE PGS COMMITTEE WILL THEN REVIEW
THE SUBMITTED REPORT AND SHALL ISSUE CERTIFICATE OF GUARANTEE TO
MEMBERS WITH POSITIVE DECISION. PGS GROUPS MUST ENSURE THAT THEY
OPERATE AND GUARANTEE FARMS BASED ON THE PGS ORGANIC GUARANTEE
SCHEME, AND PROVISIONS OF THE PROPOSED GUIDELINES FOR THE
ESTABLISHMENT OF PGS. FURTHERMORE, ALL GUARANTEED PRODUCTS SOLD
IN THE MARKET WILL BE MONITORED BY THE DA RFO TO ENSURE THAT THE
PRODUCTS COMPLY WITH THE LABELLING REQUIREMENTS SET FORTH.”

Section 10. Section 16 of Republic Act No. 10068 is hereby amended, to read as follows.

“SEC, 16. REGISTRATION OF ORGANIC FOOD, NON-FOOD, AND INPUT
PRODUCTS AND LICENSING OF OPERATORS. All organic food and input
establishments must register with the director, [BAFPS] BAFS, PROVIDED, THAT
registration under this section shall begin within ninety (90) days of the
enactment of this Act. Each such registration shall be submitted to the director
through an electronic portal and shall contain such information as the director
by guidance may determine to be appropriate. Such registration shall contain the
following information:

(a) The name, address and emergency contact information of each organic food
or input establishment that the registrant owns or operates;

(b) The primary purpose and business activity of each organic food or input
establishment, including the dates of operation it the organic food
establishment is seasonal;

(c) Alist of the organic food or input produced and corresponding brand names;

9


(d) For the organic food establishment, the name. address and contact
information of the organic food certifying body that certified the organic
products sold by the company;

(e) An assurance that the registrant will notify the director of any changes in the
products, function or legal status of the domestic food establishment
(including cessation of business activities) not later than thirty (30) days
after such change; and,

(8) For organic input producers, a list of a materials used in the production of
each particular input.

THE DA SHALL BE RESPONSIBLE FOR THE REGISTRATION OF PRIMARY AND
POST-HARVEST ORGANIC FOOD, NON-FOOD, AND INPUT PRODUCTS AND
LICENSING OF OPERATORS. LIKEWISE, THE DOH-FDA SHALL BE RESPONSIBLE
FOR THE REGISTRATION OF PROCESSED AND PRE-PACKED ORGANIC FOOD
AND NON-FOOD PRODUCTS AND LICENSING OF OPERATORS.

THE BAI, BFAR, BPI, AND FPA OF THE DA, AND THE FOOD AND DRUGS
ADMINISTRATION (FDA) OF THE DOH, SHALL ESTABLISH GUIDELINES AND
PROCEDURES FOR THE REGISTRATION OF ORGANIC FOOD, NON-FOOD, AND
INPUT PRODUCTS AND LICENSING OF OPERATORS INCLUDING
ACCREDITATION OF ORGANIC RESEARCHERS.

THE DA AND THE DOH SHALL ALSO MAINTAIN AND MANAGE A DATABASE OF
REGISTERED ORGANIC FOOD, NON-FOOD, AND INPUT OPERATORS. THE
DATABASE SHALL BE ESTABLISHED AND SHALL BE USED TO MONITOR THE
STATUS OF THESE OPERATORS.”

Section 11. Section 17 of Republic Act No. 10068 is hereby amended, to read as follows:
"SEC. 17. Labeling of Organic Produce. - The label of organic produce shall
contain the name, logo or seal of the organic certifying body and the
accreditation number issued by the BAFS [BAFPS]. Only third-party certification
is allowed to be labeled as organically produced.

PRODUCTS FROM THIRD-PARTY CERTIFIED AND PARTICIPATORY
GUARANTEED SYSTEMS SHALL BE ALLOWED TO BE LABELED AND SOLD AS
ORGANIC. THE LABEL OF ORGANIC PRODUCE SHALL CONTAIN THE NAME,
LOGO OR SEAL OF DESIGNATED OCB OR PGS GROUPS, AND THE RESPECTIVE
OFFICIAL ORGANIC MARK.

NON-CERTIFIED PRODUCTS SHALL BE PROHIBITED FROM BEING LABELED AS
ORGANIC.”

Section 12. Section 19 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 19. Availability of Trading Post for Organic Inputs, MARKET
DEVELOPMENT AND TRADE PROMOTION. - Local chief executives shall establish, as

10


far as practicable, at least one (1) trading post for organic inputs for every LGU in
THEIR area of jurisdiction. THE AGRIBUSINESS AND MARKETING ASSISTANCE
SERVICE (AMAS) OF THE DA, IN COLLABORATION WITH DTI AND OTHER
RELEVANT AGENCIES, SHALL DEVELOP AND IMPLEMENT MARKET
DEVELOPMENT AND TRADE PROMOTION PROGRAMS FOR ORGANIC
AGRICULTURE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

a. DEVELOP MARKETING AGENDA FOR ORGANIC AGRICULTURE

b. ESTABLISHMENT, SUSTAINABILITY AND MONITORING OF ORGANIC
TRADING POSTS, AND STALL/OUTLETS;

c. DEVELOPMENT OF MARKET INFORMATION SYSTEM;
d. PROMOTION OF ORGANIC FOOD, NON-FOOD AND INPUT PRODUCTS; AND,
e. FACILITATION OF MARKET MATCHING ACTIVITIES.”

Section 13. Section 26 of Republic Act No. 10068 is hereby amended, to read as follows:
“Section 26, Penal Provisions. - Any person who willfully and deliberately:”

(a) XXx
(b) XXX

(c) Mislabels or claims that the product is organic when it is not in
accordance with the existing standards for Philippine organic
agriculture or this Act shall, upon conviction, be punished by
imprisonment of not less than one month nor more than six (6) months,
or a fine or not more than Fifty Thousand Pesos (P50,000.00), or both,
at the discretion of the Court. If the offender is a Corporation or a
juridical entity, the official who ordered or allowed the commission of
the offense shall be punished with the same penalty. If the offender is in
the government service, he shall, in addition, be dismissed from office
PENALIZED WITHOUT PREJUDICE UNDER THE PROVISIONS OF THE
PHILIPPINE CONSUMER ACT AND THE PHILIPPINE FOOD SAFETY
ACT.”

Section 14. Section 28 of Republic Act No. 10068 is hereby amended, to read as follows:

“SEC. 28, Implementing Rules and Regulations. - The NOAB shall adopt
rules and regulations to implement the provisions of this Act within
ninety (90) days from the effectivity of this Act and submit the same to
the SECRETARY OF THE DEPARTMENT OF AGRICULTURE for review

an approval. In the drafting of the implementing rules and regulations,
the DOF shall be consulted in connection with the tax incentives provided
under Section 24 hereof.

Section 15. Separability Clause. - If any provision of this Act is declared invalid or

11


unconstitutional, the other provisions not affected thereby shall remain in full force and
effect.

Section 16. Repealing Clause. - All laws, presidential decrees, executive orders,
presidential proclamations, rules and regulations or parts thereof contrary to or
inconsistent with this Act are hereby repealed or modified accordingly.

Section 17. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette and in a national newspaper of general circulation.

Approved,

12