Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila Kio: ee = ‘a

SIXTEENTH CONGRESS \ & iN
First Regular Session Nex

House Bil No._ 1779,

Introduced by Representatives
CARLOS ISAGANI T. ZARATE and NERI JAVIER COLMENARES,

AN ACT
RECOGNIZING THE PARTICIPATORY GUARANTEE SYSTEM (PGS) AS A FORM
FOR CERTIFICATION UPON WHICH PRODUCTS SOLD LOCALLY OR
INTERNATIONALLY MAY ACQUIRE THE ORGANIC LABEL THEREBY
AMENDING FOR THE PURPOSE REPUBLIC ACT 10068, ALSO KNOWN AS THE.
ORGANIC AGRICULTURE ACT OF 2010, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘The enactment of R.A. 10068, also known as the Organic Agriculture Act of 2010, is
considered a boost to the local organic market. While it is still in its initial stages of
implementation, there is a need to fine-tune the Act in order to further promote organic

agriculture and truly empower our local farmers.

Criticism towards the seemingly exclusive rights given to private certifying bodies
inhibits the growth of organic agriculture as it deters small farmers from going organic. ‘The
high cost to get certified, in order to carry the “organic” label discriminates against our small
farmers and indigenous peoples who have long 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.

Local government units (LGU) are given a bigger role in the promotion of organic
agriculture. Increasing number of LGUs recognize the health, economic and environmental
value of organic farming, and have likewise issued ordinances in support of organic
agriculture. These local initiatives should be considered by national government agencies
before they allow crops or agricultural methods chat may affect the organic nature of farming

in the localities where they intend to operate or test.

» 24.JUL 2013 *
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Sustainable agricultural methods, such as organic farming, is a welcome alternative to
the import-based and toxic farming methods which are destroying our natural resources.

For decades, the lack of sustainable alternatives and genuine support from the national

government, have tured generations of Filipino farmers slaves to the land, instead of

stewards of it.

In view of the foregoing, immediate passage of this bill is earnestly sought.

Approved,

CARLOS oh T.ZARATE
Bayan Muna Parpy-lst

an Muna Pary-ist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1779

House Bill N

Introduced by Representatives
CARLOS ISAGANI T. ZARATE and NERI JAVIER COLMENARES,

AN ACT
RECOGNIZING THE PARTICIPATORY GUARANTEE SYSTEM (PGS) AS A FORM
FOR CERTIFICATION UPON WHICH PRODUCTS SOLD LOCALLY OR
INTERNATIONALLY MAY ACQUIRE THE ORGANIC LABEL THEREBY
AMENDING FOR THE PURPOSE REPUBLIC ACT 10068, ALSO KNOWN AS THE
ORGANIC AGRICULTURE ACT OF 2010, AND FOR OTHER PURPOSES

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

SECTION 1. Section 3 of the Organic Agriculture Act of 2010, is hereby amended

to read as follow:

“(a) Organic refers to the particular farming and processing systems described in the
standards and not in the classical chemical sense. The term “organic” is synonymous
in other languages to “biological” or “ecological”. It is also a labeling term that
denotes products considered organic based on the Philippine National Standards for
organic agriculture

“(0) PARTICIPATORY GUARANTEE SYSTEMS (PGS) ARE LOCALLY
FOCUSED QUALITY ASSURANCE SYSTEMS. THEY CERTIFY
PRODUCERS BASED ON ACTIVE PARTICIPATION OF STAKEHOLDERS
AND ARE BUILT ON A FOUNDATION OF TRUST, SOCIAL NETWORKS
AND KNOWLEDGE EXCHANGE.



SEC. 2. Section 16 on the registration of organic food and organic input producers,
Registration of Organic Food and Organic Input Producers. - All organic food and
input establishments must register with the director, BAFPS, registration under this
section shall begin within ninety (90) days of the enactment of this Act. Each such
registration shall be submitted to 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:

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

xxx
(g) “IN THE CASE OF DIRECT SELLING TO CONSUMERS, DONE BY
SMALL OR FAMILY FARMERS, PREVIOUSLY REGISTERED WITH BAFPS.
OR LGU COUNTERPART, CERTIFICATION IS OPTIONAL.”

SEC. 3. Section 17 on Labeling of organic produce is hereby amended to read as

follows:

“The label of organic produce shall contain the name, logo or seal of the organic

certifying body and the accreditation number issued by the BAFPS. [ONLY THIRD
PARTY CERTIFICATION] THE ORGANIC LABEL SHALL ALSO INCLUDE
THE TRADE NAME AND THE ORIGIN ADDRESS OF THE PRODUC

XXX

SEC. 4. Sections 24 through 31 are hereby amended as follows:

“SECTION 24, PROTECTION OF INDIGENOUS ORGANIC RESOURCES
AGAINST CROSS-CONTAMINATION. THE INTEGRITY OF ORGANIC
CROPS AND LIVESTOCK SHALL BE STRICTLY ENSURED AND
MONITORED. RISK OF CROSS-CONTAMINATION FROM E!
CROPS AND LIVESTOCK SHALL BE PREVENTED AT ALL TIM)
SHALL MONITOR ALL APPLICATIONS FOR FIELD-TESTINGS/
PRODUCTION OF ENGINEERED CROPS AND LIVESTOCK, AND SHALL



HAVE THE POWER TO DENY ANY APPLICATION IF IT FINDS
SUFFICIENT CAUSE.

“ALL FIELD TESTING, PLANTING OR RAISING OF GENETICALLY-
MODIFIED ORGANISMS SHOULD NOT BE ALLOWED IN THE VICINITY
WHERE ORGANIC FARMING IS BEING CONDUCTED. BAFPS, IN
COORDINATION WITH NOAB, SHALL IMPLEMENT AN ORGANIC
ZONE TO ESTABLISH THE RADIUS WHERE THE ORGANIC PRODUCE
IS NOT IN DIRECT OR IMMEDIATE CONTACT OR INFLUENCE OF
ENGINEERED ORGANISMS.

“IN THE EVENT OF CONTAMINATION BY GENETICALLY-MODIFIED
ORGANISM, PATENTED OR OTHERWISE, THE LGU, BAFPS AND/OR
ORGANIC INPUT PRODUCER MAY HOLD THE GMO PATENT OWNER
LIABLE FOR ECONOMIC AND ENVIRONMENTAL DAMAGES.

“SECTION 25. RECOGNITION OF LOCAL ORDINANCES AND OTHER
ISSUANCES. CONSISTENT WITH ITS MANDATE UNDER SECTION 16 -
GENERAL WELFARE OF R.A. 7160, LOCAL GOVERNMENT UNITS (LGUS)
HAVE THE POWER TO ENACT ORDINANCES FOR THE GENERAL
HEALTH AND WELFARE OF ITS CONSTTIUENCY.

“PURSUANT TO THIS, LOCAL ORDINANCES, POLICIES AND/OR
ISSUANCES ON AGRICULTURE, INCLUDING BUT NOT LIMITED TO
ORGANIC AGRICULTURE AND PROHIBITION OF GENETICALLY-
MODIFIED ORGANISMS, SHALL BE RECOGNIZED BY TI
GOVERNMENT AGENCIES.

“LGUS, IN COORDINATION WITH BAFPS SHALL STRICTLY MONITOR
HE CONDUCT OF AGRICULTURE IN ORDER TO ENSURE THE,
QUALITY AND INTEGRITY OF ORGANIC PRODUCE. TESTING OR
FIELD TRIALS OF ANY TYPE OF AGRICULTURAL PRODUCT OR
METHOD SHALL REQUIRE LGU CLEARANCE APART FROM THE.
REQUIREMENTS SET BY THE GOVERNMENT AGENCY CONCERNED.



“SEC. [26] 25. Incentives. xx x

“SEC. [27] 26. Penal Provision. Section 26. Penal Provision. - Any person who
willfully and deliberately:

“(a) obstructs the development of propagation of organic agriculture, or the

manufacture, production, sale or use of organic agricultural inputs;

“(b) refuses without just cause to extend the support and assistance required under

this Act;

“(c) mislabels or claims that the product is organic when it is not in accordance

the existing standards for Philippine organic agriculture or this Act; and

“@ VIOLATES ANY OTHER PROVISION OF THIS ACT SHALL, UPON
CONVICTION, UPON CONVICTION, BE PUNISHED BY IMPRISONMENT
OF NOT LESS THAN ONE (1) MONTH NOR MORE THAN SIX (6)
MONTHS, OR A FINE OF NOT LESS THAN FIFTY THOUSAND PESOS
(P30, 000.00), OR BOTH, AT THE DISCRETION OF THE COURT. IF THE
OFFENDER IS A CORPORATION OR A JURIDICAL ENTITY, THE

THE COMMISSION OF THE
OFFENSE SHALL BE PUNISHED WITH THE SAME PENALTY. IF THE

OFFICIAL WHO ORDERED OR ALLOW!

OFFENDER IS IN THE GOVERNMENT SERVICE, HE SHALL IN
ADDITION, BE DISMISSED FROM THE OFFICE.

“SF

[28] 27. Implementing Rules and Regulations. x x x

[29] 28. Annual Report. x x x

“SEC. [30] 29. Congressional Oversight Committee. x x x

“SF

[31] 30. Separability Clause. x x x

“SEC. [32] 31. Repealing Clause-x x x


“SEC. [33] 32. Effectivity. xxx”

SEC. 5. Repealing Clause. The following laws or provisions of laws are hereby

repealed:
(A) Sections 3, 17, 24 to 31 of Republic Act No. 10068; and

(B) Al other laws, acts, decrees, executive orders, issuances, and rules and
regulations or parts thereof which are contrary to and inconsistent with any provisions of

this Act are hereby repealed, amended, or modified accordingly.

SEC. 6. Separability Clause. lf any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force

and effect.
SEC. 7. Effctivity Clause. This Act shall take effect immediately after its complete

publication either in the Official Gazette ot in a newspaper of general circulation in the

Philippines.

Approved,