Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

7498
HOUSE BILL No.

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
and KABATAAN Party-List Representative SARAH JANE I, ELAGO

AN ACT
STRENGTHENING SUSTAINABLE AGRICULTURE AND ENHANCING
SUPPORT FOR SMALL ORGANIC FARMERS, AMENDING FOR THE PURPOSE,
CERTAIN SECTIONS OF RA 10068 OR THE ORGANIC AGRICULTURE ACT OF
2010

EXPLANATORY NOTE

The social, economic and ecological benefits of sustainable agriculture, especially organic farming
are widely accepted globally, yet the practice of organic farming is marginal in the Philippines,
accounting for barely 1% of the country’s total agricultural land and concentrated in only a few
crop lines. Organic products are also hobbled in the marketplace by a cost premium of as much
as 20-50% over non-organic counterpart products, which is quite prohibitive for the Filipino
farmers who comprise the poor majority who live off on a measly Php125 or less per day.

‘There is even a growing consumer campaign not only in the developed countries but also in the
Philippines to demand sustainable agriculture. In the Philippines in particular, this campaign does
not only focus on the undeniable benefits of organic farming to consumers but also seeks to
address rural underdevelopment and poverty. This is a growing farmer-consumer movement that
is grounded in the conditions of Filipino farmers and their organizations, recognizes the low
purchasing power of majority Filipino consumers, and upholds the premise that the government
needs to play an active role.

The government, however, continues to promote an overall policy of chemical farming that is
founded on rural monopolies in land, income, wealth and power. In recent decades, the promotion
of agricultural liberalization and corporatization has also intensified the condition where toxic
chemicals and engineered organisms such as genetically modified organisms (GMOs) bear down
on the Filipino farmers and consumers and their efforts to promote socially-desirable practices.

‘The government gives very low priority to agriculture, allocating barely 5% of the national budget
and even a more negligible amount to organic farming. In 2010, RA 10068 or the Organic
Agriculture Act (QAA) was enacted. It was a welcome move to boost the local organic market.
Five years after, however, organic practices have remained peripheral, while the OAA has been
widely criticized for only having expanded the scope of commercial monopolies and aggravated
the exclusion of indigenous and community-shared knowledge through its expensive certification.


According to farmers’ organizations, sustainable agriculture advocates, and consumer groups, the
law generally is insufficient and as it is cannot be considered an effective instrument to fulfill the
objectives of sustainable agriculture,

Furthermore, the OAA is negated by the Department of Agriculture’s (DA) programs that
encourage conventional or inorganic farming methods such as giving subsidies for balanced
fertilization, chemical farming and use of fertilizers as well as the promotion of GMOs. The
present organic agricultural program is also seen as being more focused on input substitution (for
example, replacing chemical fertilizers with organic fertilizers), instead of making food production
sustainable.

Organic and sustainable agriculture advocates have openly criticized the OAA for failing to grasp
the significant role of sustainable and organic farming in rural development. The overall tone of
the law focuses on producing organic products for export in the same profit-oriented framework
of chemical-dependent agriculture as opposed to addressing the country’s food security and self-
sufficiency. It continues to ignore the current context of rural monopolies.

Previously filed in the 16th and 17th congresses by former Anakpawis Representative Fernando
“Ka Pando” Hicap and Ariel “Ka Ayik” Casilao, respectively, this bill seeks to amend the OAA to
make it genuinely responsive to the needs of small Filipino farmers, increase farm productivity,
secure farmers’ incomes and livelihoods, address rice self sufficiency and promote rural
development.

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

Approved,
wr CA OMAE c
Bayan Muna Partylist
coer
REP. S I i“ \TE REP. GAITE
Bayan Muna Partylist Bayan Muna Partylist
REP. D. BROSAS REP. -E L. CASTRO
GABRIELIA Women's Party ACT Theabers Partylist

REP. I. ELAGO
ariylist


Sowa sHVaune

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 7498

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT
STRENGTHENING SUSTAINABLE AGRICULTURE AND ENHANCING
SUPPORT FOR SMALL ORGANIC FARMERS, AMENDING FOR THE PURPOSE
‘CERTAIN SECTIONS OF RA 10068 OR THE ORGANIC AGRICULTURE ACT OF
2010

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

SECTION 1. Section 2 of Republic Act 10068 or the Organic Agriculture Act of 2010 is hereby
amended to read as follows:

It is hereby declared the policy of the State to promote, propagate, develop further and
implement the practice of ORGANIC FARMING AND OTHER SUSTAINABLE
AGRICULTURE PRACTICES in the Philippines that will cumulatively condition and
enrich the fertility of the soil, increase farm productivity AND FARMERS’ INCOMES;
reduce pollution and destruction of the environment, prevent the depletion of natural
resources, further protect the health of farmers, consumers and the general public, [AND]
save on imported inputs, AND PROMOTE FOOD SELF SUFFICIENCY.

‘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] BIO-PESTICIDES and other farm inputs,
together with a nationwide educational and promotional campaign for their use and
processingf,].

LIKEWISE, A NATIONWIDE EDUCATIONAL AND AWARENESS CAMPAIGN
AMONG CONSUMERS ON THE BENEFITS OF CONSUMING ORGANIC
PRODUCTS TO BOOST LOCAL PRODUCTION OF ORGANIC FOOD AND
NON-FOOD PRODUCTS, as well as the adoption of organic agricultural system as a
viable alternative TO IMPORT-BASED TOXIC FARMING METHODS shall be
undertaken.

The State recognizes and supports the central role of the farmers, indigenous people and
other stakeholders at the grassroots in this program.

SECTION 2: Section 3 on definition of terms:


Seamus sHawne

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(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”. Its also a labelling term that denotes
products considered organic based on the Philippine National Standards for organic
agriculture;

Xxx
(©) Organic production systemis a system designed to:
(1) enhance biological diversity within the whole system;
sox

(7) develop and promote the use of biotechnology in agriculture BASED ON THE.
PRECAUTIONARY PRINCIPLE UNDER THE INTERNATIONAL
CONVENTION ON BIODIVERSITY.

(g) [Commercialization] PROPAGATION -~ IS A PROCESS OF INTRODUCING
NEW AGRICULTURAL AND FISHERY EITHER AS PRODUCT, PROCESS
OR SERVICE THAT HAS UNDERGONE THE INTENSIVE INNOVATIVE
ACTIVITIES OF ASSESSMENT, PROMOTION AND TRANSFER NOT
NECESSARILY FOR COMMERCIAL PROFIT BUT FOR THE PURPOSE OF
PROMOTING ORGANIC AGRICULTURAL PRACTICES AND
TECHNOLOGY ADAPTABLE TO THE LOCALITIES IT IS BEING
INTRODUCED.

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.

©)

SECTION 3. Section 4 On Coverage

‘The provisions of this Act shall apply to the development and promotion of organic
agriculture and shall include, but not be limited to, the following:

@) Policy formulation and regulation, registration, accreditation, certification and labelling
on organic agriculture;

20x

(©) Promotion and encouragement of the establishment of facilities, equipment and
processing plants that would accelerate. the production and
[COMMERCIALIZATION] PROPAGATION of the use of ic fertilizers,
I N] organi


[PESTICIDES] BIO-PESTICIDES [HERBICIDES] BIO-HERBICIDES and other
appropriate farm inputs; and

@ Implementation of oxganic agricultural programs, projects and activities, including the
provision and delivery of support services with focus on the farmers, PRIORITIZING
SMALL FARMERS AND THEIR ORGANIZATIONS, and other stakeholders

SECTION 4. Section 5 on the National Organic Agricultural Program.

There is hereby established a comprehensive organic agricultural program through the
promotion and [COMMERCIALIZATION] PROPAGATION of organic farming
practices, cultivation and adoption of production and processing methods which have
already been developed, or to be developed, continuing research and upgrading thereof, the
capacity building of farmers and the education of consumers thereon, the extension of
assistance to local government units (LGUs), peoples’ organizations (Pos), nongovernment
organizations (NGOs) and other stakeholders including individuals and groups who are
willing to do other pertinent activities, and documentation and evaluation of the program.

SECTION 5. Section 7 on the 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;

Boog

The representatives of small farmers and NGOs, and or agricultural colleges and
universities, shall be chosen by the Secretaries of Agriculture and Science and
‘Technology respectively, from among nominees submitted to the agents concerned by
their respective national organizations. These representatives must REPRESENT THE
LARGEST MEMBERSHIP OF FARMERS’ ORGANIZATIONS NATIONWIDE,
PROMOTING ORGANIC AND OTHER SUSTAINABLE AGRICULTURE
PRACTICES AND MEMBERSHIP ADAPTING ORGANIC FARMING, be
conversant in organic agriculture and committed to the policies and programs provided
under this Act.

SECTION 6. 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 the director through and 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

(@ IN THE CASE OF DIRECT SELLING TO CONSUMERS, DONE BY SMALL
OR FAMILY FARMERS, PREVIOUSLY REGISTERED WITH BAFPS OR LGU.


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COUNTERPART, CERTIFICATION IS OPTIONAL.

SECTION 7. Section 17 on the 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 ORIGIN ADDRESS OF THE PRODUCE.

=xx!

SECTION 8. Section 19 on Availability of Trading Post for Organic Inputs is hereby amended
to read as follows:

Local chief executives shall establish, as far as practicable, at least one (1) trading post for
organic inputs for every LGU in the area of jurisdiction. “THE AREA SHOULD BE IN
AN AREA STRATEGICALLY LOCATED LE., AT THE PUBLIC MARKET AREA,
CENTERS OF TRADING AND LOCAL BUSINESS ACTIVITIES.

SECTION 9. Section 20 on Research, Development and Extension is hereby amended to read
as follows:
‘The Bureau of Agricultural Research (BAR), as the lead agency, shall coordinate with the
other agencies of the DA, the Department of Agrarian Reform (DAR), the Department of
Science and Technology (DOST), the Department of Education (DepED), the
Department of Interior and Local Government (DILG), the strategic agricultural-based
state universities and colleges (SUCS), including private organizations, “AND NGOs and
POs WITH ESTABLISHED TRACK RECORD IN THE PRACTICE OF
SUSTAINABLE AGRICULTURAL METHODS OF PRODUCTION” to develop,
enhance, support and consolidate activities and related technologies for the formulation
and implementation of a unified and integrated organic agriculture RDE plan and
programs for the national to the field level. The organic agriculture RDE plans and
programs shall include, but not limited to the following:
(@) Research, development and [COMMERCIALIZATION] “PROPAGATION” of
appropriate, innovative and viable organic agricultural _ technologies;

(®) Nationwide promotion of developed and [COMMERCIALLY] viable biodegradable
farm wastes and by-products through various extension strategies to accelerate the
production, use and distribution of organic fertilizers; and

SECTION 11. Sections 25 through 31 are hereby amended to read as follows:

SECTION 25. 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 ENGINEERED CROPS AND
LIVESTOCK SHALL BE PREVENTED AT ALL TIMES. BAFPS 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. BAFOSM IN

COORDINATION WITH NOAB, SHALL IMPLEMENT AN ORGANIC ZONE TO

ESTABLISH THE RADIUS WHERE THE ORGANIC PRODUCE IS NOT IN

DIECT OR IMMEDIATE CONTACT OR INFLUENCE OF ENGINEERED

ORGANISMS.

IN THE EVENT OF CONTAMINATION BY GENETICALL-MODIFIED

ORGANISM, PATENTED OR OTHERWISE, THE LGU, BAFPS AND/OR

ORGANIC PRODUCER MAY HOLD THE GMO PATENT OWNER LIABLE FOR

ECONOMIC AND ENVIRONMENTAL DAMAGES.

SECTION 26. 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 CONSTITUENCY.

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 ALL GOVERNMENT AGENCIES.

LGUS, IN COORDINATION WITH BAFPS SHALL STRICTLY MONITOR THE

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. [25] 27. Appropriations. x x x

SEC [26] 28 on Penal Provision. - Any person who wilfully and deliberately:

@) obstructs the development of propagation of organic agriculture, or the manufacture,
production, sale or use of organic agricultural inputs. THIS MAY INCLUDE, BUT
NOT LIMITED TO, ANY FORM OF HARASSMENT OR PERSECUTION OF
GROUPS OR INDIVIDUALS PURSUING THE RIGHTS AND INTERESTS OF
FARMERS IN FURTHERANCE OF THIS ACT, BY GROUPS OR
INDIVIDUALS, CORPORATIONS OR JURIDICAL ENTITIES, INCLUDING
GOVERNMENT OFFICIALS;

Xxx
SEC. [27] 29. Implementing Rules and Regulations. x x x
SEC. [28] 30. Annual Report. x x x

SEC. [29] 31. Congressional Oversight Committee. x x x
SEC. [30] 32. Seperability Clause. x x x

SEC. [31] 33. Repealing Clause. x x x

SEC. [32] 34, Effectivity. x xx

SECTION 12. Repealing Clause. All 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.

SECTION 13. Seperability Clause. If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force and

effect.


Auawne

SECTION 14. Effectivity Clause. This Act shall take effect immediately after its complete
publication either in the Official Gazette of in a newspaper of general circulation in the
Philippines.

Approved,