THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2,,Section 16, provides: 
The State shall protect and advance the right of the people to 
a balanced and healthful ecology in accord with the rhythm and 
harmony of nature. 
Organic agriculture is the oldest form of agriculture on earth. Farming without the use of 
petroleum-based chemicals (fertilizers and pesticides) was the sole option for farmers until post- 
World War 11. The war brought with it technologies that were useful for agricultural production. 
For example, ammonium nitrate used for munitions during World War I1 evolved into 
ammonium nitrate fertilizer; organophosphate nerve gas production led to the development of 
powerful insecticides. Although these technical advances have resulted in significant economic 
benefits, these have also brought environmental and social detriments wbicb have led to a 
negative impact on society and the environment, such as pesticide pollution and insect or pest 
- resistance. 
In the United States(U.S.), organic industry continues to grow at a rate of 20% annually. 
The organic industry is a consumer-driven market. According to industry surveys, the largest 
purchasers of organic products are young people and college-educated consumers. American 
farmers are interested in the profitability and environmental benefits that organic systems yield. 
Countries around the world revived the old practice of organic agriculture because o f  the 
increasing demand of fresh and natural foods using organic methods. Worldwide consumption of 
organic products has experienced tremendous growth, often surpassing U. S. figures of 20% 
annual gain. Much of the increase in consumption worldwide has been fueled by consumers' 
demand for products free of genetically-modified organisms or GMOs. European consumers 
have led the demand for organic products, particularly in Scandinavian countries and the 
Netherlands. Two percent of all German farmland, 4% of Italian farmland and 10% of Austrian 
farmland, respectively, is managed organically. Prince Charles of England has developed a 
model organic farm, and established a system of government support for transitioning organic 
farmers. Major supermarket chains and restaurants in Europe offer a wide variety of organic 
products in their aisles and on their menus. 
Several benefits can be obtained from bracing the organic agriculture: it reduces pollution 
and destruction of useful organism for the agricultural ecosystem; it helps solve the problem of 
waste and garbage disposal through the use of plant and animal waste and crop residues; and it 
assists farmers reduce their expenses by decreasing their dependence on inorganic fertilizers. 
This bill seeks to promote the production of organically produced foods through the 
establishment of a National Standard Production for organically produced products and for the 
labeling of organically produced products. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
1 
5 
M V  19 A930 
OF THE PHILIPPINES 
First Regular Session 
) 
v 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROMOTE THE PRODUCTION OF ORGANICALLY PRODUCED FOODS THROUGH 
TWE ESTABLISHMENT OF ANATIONAL STANDARD PRODUCTION FOR 
ORGANICALLY PRODUCED PRODUCTS AND FOR THE LABELING OF 
ORGANICALLY PRODUCED PRODUCTS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short TiTitle. - 
This Act shall he known as the “Organic Foods Production 
Act of 2005.” 
SECTION 2. Declaration ofPolzcy. - 
It is the policy ofthe State to protect and advance 
the right of the people to a balanced and healthhl ecology in accord with the rhythm and 
harmony of nature. 
. 
SECTION 3. Definition of Terms. - 
As used in this Act, the term: 
(1) “Agricultural product” - means any agricultural commodity or product, whether raw 
or processed, including any commodity or product derived from livestock, or fowl that is 
marketed in the Philippines for human and livestock consumption. 
(2) “Certifying agent” - means the chief executive oficer who is accredited by the 
Secretary as a certifying agent for the purpose of certifying a farm or handling operation 
as an organically certified farm or handling operation in accordance with this title. 
(3) “Certified organic farm” - means a farm, or portion of a farm, that is certified by the 
certifying agent under this title as utilizing a system of organic farming as described by 
this title. 
(4) “Certified organic handling operation” - means any operation, or portion of any 
handling operation, that is certified by the certifying agent under this title as utilizing a 
system of organic handling as described under this title. 
( 5 )  “Crop year” - means the normal growing season for a crop as determined by the 
Secretary, 


(6) “Growing medium” - means a substance that provides nutrients for plants or hngi but 
” 
that is separate from the land surface. 
(7) “Handle” - means to sell, process, or package organically produced agricultural 
products. 
(8) “Handler” - means any individual engaged in the business of handling agricultural 
products. 
(9) “Handling operation” means any operation or portion of an operation that: (i) receives 
or otherwise acquires agricultural products from the producer of such products; and (ii) 
processes, packages, or stores such products. 
(10) “Individual” - means a person, group of people, corporation, association, 
organization, cooperative, or other entity. 
(1 1) “Micronutrients” - means trace or minor elements in the soil that are essential for 
normal plant growth. 
(12) “National list” - means a list of approved and prohibited substances. 
(13) “Organic farm plan” - means a plan of management of an organic farm that has been 
agreed to by the producer and the certifying agent and that includes written plans 
concerning all aspects of agricultural production described in this title including crop 
rotation and other practices. 
(14) “Organically produced” - means an agriculture product that is produced using 
organic farming methods as described in this title, on an organically certified farm and 
handled by organically certified handling operations. 
(15) “Organically produced label” - means a label that is established under Section 5 .  
(16) “Pesticide” - means any substance which alone, in chemical combination, or in any 
formulation with one or more substances, repel, kill, or control any species designated as 
a “pest” including weeds, insects, rodents, fungi, bacteria, or other organisms. 
(17) “Processing” - means cooking, baking, heating, drying, mixing, grinding, churning, 
separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, 
freezing, or otherwise manufacturing, and includes the packaging, canning, jarring, or 
otherwise enclosing food in a container. 
(18) “Producer” - means an individual who engages in the business of growing or 
producing food for consumption by humans or livestock. 
(19) “Secretary” - means the Secretary of the Department of Agriculture 
(20) “National organic certification program’’ - means a program that meets the 
requirements set and approved by the Secretary, and that is designed to ensure that a 
producf that is labeled as ‘organically produced‘ under this title is produced and handled 
using organic methods. 
(21) “Synthetic” - means a substance that is formulated or manufactured by a process 
which chemically changes a substance extracted from naturally occurring plant, animal, 
or mineral sources, excepting microbiological processes, 


SECTION 4. National organic Production Program. - 
(1) IN GENERAL. - 
The Secretary shall establish an organic certification program for 
producers and handlers of agricultural products that have been produced using organic 
methods as provided for in this Act. 
(2) PROVINCIAL PROGRAM. - 
In establishing the program under subsection (l), the 
Secretary shall permit each province to implement a provincial organic certification 
program for producers and handlers of agricultural products that have been produced 
using organic methods as provided for in this Act. 
(3) CONSULTATION,- 
In developing the program under subsection (l), and the 
National List, the Secretary shall consult with duly recognized organization of farmers, 
agricultural machinery dealers and manufacturers, and agricultural engineers. 
(4) LABELING. - 
Each certifying agent may label agricultural products that have been 
produced on organically certified farms and handled through certified handling 
operations as 'organically produced' 
(5) CERTIFICATION. - 
Each certifying agent may certify a farm or handling operation 
that meets the requirements of this title as an organically certified farm or handling 
operation. 
*
-
 
SECTION 5. Establishment Of Label. - 
(1) IN GENEXAL.- 
The Secretary shall establish a label to be affixed to agricultural 
products that have been produced on organically certified farms and have been handled 
by organically certified handlers. 
(2) CONTENT OF LAE3EL.- 
The label established under subsection (1) shall state that 
the agricultural product to which such label is afixed has been 'organically produced' 
and shall bear the seal of the Department of Agriculture. 
(3) AFFIXING LABEL.- 
(a) REQUIREMENT,- 
The Secretary or certifying agent may affix such label 
only on an agricultural product that has been produced and handled in accordance 
with this title and the organic certification program that is implemented in 
accordance with this title. 
(b) AFFIXATION,- 
The Secretary or the certifying agent shall have the 
exclusive authority to affix such label to an agricultural product. 
(4) TAMFERTNG WITH LABEL,- 
No individual may replicate, afftx, or otherwise 
tamper with an organically produced label in any manner other than a normal consumer 
use, as determined by the Secretary. 
(5) LIMITATION ON LABELING,- 
(a) RESTRICTION.- No individual may affix a label to an agricultural product 
that implies, directly or indirectly, that such product is organically, naturally, or 
ecologically produced, grown, processed, or marketed, except in accordance with 
this Act and under an approved organic certification program implemented under 
this Act. 
(b) EXEMPTION.- 
Paragraph (a) shall not apply to individuals who sell 
agricultural products at local farmers markets if compensation for the sale of such 
products does not exceed the amount which will be determined by the Secretary. 
(c) EXEMPTION FOR IMPORTED PRODUCTS.- 
Paragraph (a) shall not 
apply to imported agricultural products with labels that imply that such product is 
organically or naturally produced if the Secretary determines that such products 


have been produced and handled under an organic program that provides 
safeguards and guidelines governing the production and handling of such products 
that are at least equivalent to the requirements of this Act. 
(6) LABEL OF ORIGIb- The certifying agent, on the approval of the Secretary, may 
affix an additional label to an agricultural product that indicates the origin and certifying 
body of such product. 
SECTION 6. General Requirements. - 
(1) IN GENERAL. -A program established under this Act shall - 
(a) require that each agricultural product that bears an organically produced label 
must- 
(i) be produced only on organically certified farms and handled only 
through organically certified handling operations in accordance with this 
title; and 
(ii) be produced and handled in accordance with such program; 
(b) require that producers desiring to participate under such program establish an 
organic farm plan; 
(c) establish procedures that permit producers and handlers to appeal an adverse 
administrative determination under this Act; 
(d) require that each organic farming operation or each organic handling operation 
covered under such program certify to the Secretary and the certifying agent on an 
annual basis, that such producer or handler has not produced or handled any 
agricultural product bearing an organically produced label except in accordance 
with this Act and any applicable program; 
(e) require annual on-site inspections of each farm and handling operation that has 
been certified under this title; 
(0 require periodic residue testing of agricultural products that have been 
produced on organically certified farms and handled through organically certified 
handling operations to determine whether such products contain any pesticide or 
other non-organic residue or natural toxicants; 
(g) establish appropriate and adequate enforcement procedures, as determined by 
the Secretary to be necessary; 
(h) establish regulations to protect against conflict-of-interest; 
(i) require public access to certification documents and laboratory analyses that 
support certifications under this Act; and 
(j) require such other terms and conditions as may be determined by the Secretary 
to be necessary. 
(2) DISCRETIONARY REQUIREMENTS. - An organic certification program 
established under this title may- 
(a) provide for the collection of reasonable fees from producers and handlers who 
participate in such program; and 
(b) provide for the certification of an entire farm or handling operation or specific 
fields of a farm or parts of a handling operation if- 
(i) in the case of a farm, the fields to be certified have distinct, defined 
boundaries and buffer zones separating the land being operated through 
the use of organic methods from land that is not being operated through 
the use of such methods; 
(ii) in the case of a handling operation, the part of a handling operation to 
be certified under this title is adequately separated, as determined by the 
certifying agent, from other parts of the handling operation that are not 
organically managed; 
(iii) the operators of such farm or handling operation maintain separate 
records of all operations and make such records available at all times for 
inspection by the Secretary, or by the certifying agent; and 


(iv) appropriate physical facilities, machinery, and management practices 
are established to prevent the possibility of a mixing of organic and non- 
organic products or a penetration of prohibited chemicals or other 
substances on the certified land or area. 
(c) PROVINCIAL PROGRAM. - 
A provincial organic certification program approved 
under this title may contain additional guidelines governing the production or handling of 
products labeled as organically produced in such province. 
SECTION 7. Implementing Rules and Regulations. - 
The Department of Agriculture, in 
consultation with duly recognized organization of farmers, agricultural machinery dealers and 
manufacturers, and agricultural engineers, shall promulgate rules and regulations within ninety 
(90) days upon the approval of this Act. 
SECTION 8. Separability Clause. - 
If any provision, or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - 
Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
SECTION 10. Effectivity Clause. 
~ 
This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation, 
Approved,