FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTATIVES
House Bili No.__4720

Introduced by: MA. THERESA B. BONOAN-DAVID
4th District, City of Manila

EXPLANATORY NOTE

It is the policy of the State to protect the interest of the people for clean, pure
and healthy food. It is also important that the government must ensure compliance
with international standards of good manufacturing and hygienic practices by
institutionalizing a Halal system for food, non-food products and services,

Muslim dietary law is clear. As outlined in the Qur'an, Muslims are forbidden.
from consuming pork, alcohol, blood, and meat. It is easy to avoid these basic
ingredients, but what about when the ingredients are disguised as something else?
Today’s manufacturing and food production has made it difficult to know what
goes into the food people eat. Food labeling is the first step, but not everything that
is used in food manufacturing and production is listed. In other instances, what is
listed is unknown or unfamiliar to the consumers.

This bill seeks to promote the welfare of our Muslim brothers and their need
for Islamically permissible food by regulating the advertisement, packaging,
labeling, display, sale, preparation, and serving of Halal food. By doing so, we not
only show our genuine concern for the safety and welfare of Muslim populace but
also our sensitivity as a nation to the desire to unite the Filipinos.

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

MA. THE! BONOAN-DAVID

4th District, City of Manila


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTATIVES
House Bill No._4720

Introduced by: MA. THERESA B. BONOAN-DAVID
4 District, City of Manila

AN ACT CREATING THE
PHILIPPINE HALAL ACCREDITATION AND REGULATORY
BOARD AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Philippine Halal Act
of 2005."

Sec, 2. Policy. - It is the policy of the State to protect the interest for clean and
pure food. Towards this end, the State shall ensure compliance with international
standards of good manufacturing and hygienic practices by institutionalizing a
Halal system for food, non-food products and services, in response to the
growing demands for Halal products both in the local and international market.

SEC. 3. Definition of Terms - As used in this Act:

a) Shariah Law - means the Islamic law based on the Al-Quran, Al-hadith(
Traditions of the Messenger of Allah), Ijma (Consensus of Islamic Scholars)
and Qiyas (Legal Deduction or Analogy) according to the Shafei or anyone
of the Hanafi, Maliki or Hanbali Schools of Thought which have been
practiced by countries where these guidelines have been implemented.

b) Halal - means “lawful” as pertaining to food and other products for
human consumption and services permitted under Shariah Law.

©) Haram - means "unlawful", as pertaining to food, beverage and other
products not allowed for human consumption such as carrion, najis,


intoxicating preparations containing alcohol as well as services prohibited
under Shariah Law.

d

Halal system - means the comprehensive systems, standards and
procedures providing the mechanism for the development, promotion,
monitoring and regulation of Halal trade.

Accreditation - the procedure by which an authoritative body grants formal
recognition, under duly established guidelines and rules, to another body
that it is competent to carry out specific tasks.

2

f) Certification - third party attestation related to products, processes,
systems, or persons.

Islamic organization - means qualified Muslim organization engaged in the
inspection, audit and Halal certification of food and non-food products,
establishments and services.

8

h) Carrion - as defined by Shariah Law, means the flesh of swine, dogs, cats,
reptiles, amphibians and predatory animals; flesh of dead animals that
have been sacrificed to idols; blood; flesh partly consumed by beasts and
birds of prey; and dead or decaying flesh of animals felled by
strangulation, beating or goring.

i) Najis - as defined by Shariah Law, means things that are themselves filthy
and cannot be cleaned like: pork, blood and carrion, as well as lawful food
that has been contaminated or has come in contact with filth.

SEC. 4. General Guidelines - For the purpose of this Act, the following are
established General Guidelines for the food, beverage, cosmetics, garments and
textile, and other concerned industries on the preparation, handling, storage and
verification of Halal products to serve as basic requirements for certification
including Halal abattoirs, outlets and other service establishments:

a) The food or product or their ingredient must not contain any components
of animals and carrion that are prohibited under Shariah Law or animals
that are not slaughtered according to Shariah Law.

b) The food or product does not contain ingredients that are considered
Haram or Najis by Shariah Law.


c) The food or product is not prepared, processed or manufactured using
equipment that has been contaminated with Haram or Najis

d

During its preparation, processing, storage or transportation, the food or
product is fully separated from, and does not come in contact with, any
other food or product that has been decreed Haram or Najis by Shariah
Law or does not meet the requirements stated in items (a), (b) or (c) above.

e) Service establishments such as, but not limited to, hotels, restaurants,
resorts and similar service facilities purposely established for and catering
to the public, particularly Muslim patrons; and abattoirs, factories, and
similar establishments purposely producing Halal goods shall conform to
the Philippine National Standards for Halal as provided for under Section
11 of this Act.

f

Labels of products that are certified Halal shall contain the word “Halal”
or its equivalent term and should not be used in ways which could give
rise to doubt about the safety of similar food or to claims that Halal foods
are nutritionally superior to, or healthier than, other foods.

These guidelines shall be used together with the country’s existing
provisions of law on the preparation, processing, manufacturing of food and
non-food and other products in accordance with health, hygiene and sanitation
standards and good manufacturing practices.

SEC. 5. Philippine Halal Accreditation and Regualroty Board. - It is hereby
created a Philippine Halal Accreditation and Regulatory Board, hereinafter
referred to as the Board.

The Board shall be primarily responsible for the formulation, management
and implementation of the Philippine Halal Accreditation and Regulation
Standards in the country. It shall be attached to the Office of the President and
shall be composed of the Governing Council, Accreditation Committee and the
Board Secretariat.

SEC. 6. Governing Council - The Governing Council shall be composed of the
following:

a) Two (2) Muslim scholars appointed by the President upon the
recommendation of the concerned Islamic organizations;

b) Secretary of Trade and Industry or his duly authorized representative;

©) Secretary of Agriculture or his duly authorized representative; and

d) Executive Director of the Office on Muslim Affairs or his duly authorized
representative. The two (2) Muslim scholars shall serve for a term of two


(2) years and may be re-appointed by the President; Provided, That no
person may be appointed to serve for more than two (2) consecutive terms.

The Governing Council shall be headed by the Secretary of Trade and
Industry as Chairman and a Co-Chairman who shall be appointed by the
President from the two (2) Muslim scholar members of the Governing Council.

SEC. 7. Powers and Functions of the Governing Council - The Governing
Council shall have the following powers and functions:

a) Promulgate rules and regulations as are necessary or proper for the
accomplishment of its purposes and objectives, including guidelines and
standards for the board's operation and the success of the Halal voluntary
accreditation and regulation scheme;

b) Issue criteria to be used in the assessment and review for the voluntary
accreditation of applicant Islamic organization.

0

Supervise, regulate and grant, deny or cancel Halal accreditation of any
Islamic organization or order its temporary suspension for failure to
comply with or violation of the provisions of this Act, or any law, order,
rules or regulations, whenever such action is necessary to the best interest
of the public;

d) Investigate, decide and settle all complaints, controversies or disputes
arising out of or connected with Halal system in accordance with the rules
and procedures that may be adopted;

e) Levy, assess and collect, and periodically adjust and/or revise the rates of
fees and charges for the issuance of accreditation;

f) Oversee the funds for the operation of the Board;

g) Establish and prescribe policies on complaints and appeals regarding
accreditation activities;

h) Represent the Philippines in regional or international meetings;
i) Form committee(s) to assist the Board on technical matters; and

j) Perform such other powers and functions as may be prescribed by law, or
as maybe necessary or proper to its mandate.


In the event that any Islamic organization lodges an appeal against any
accreditation-related decision of the Board, the Governing Council shall establish
a three-man panel among its members to act on the appeal.

Sec. 8. Accreditation Committee - the Board shall have an Accreditation
Committee with five (5) members appointed by the Governing Council

It shall be composed of three (3) Muslim scholars and two (2) qualified
technical personnel. The three (3) Muslim scholars shall come from different
Muslim religious organizations. The two (2) technical personnel shall come from
the National Meat Inspection Service (NMIS) of the Department of Agriculture
and the Bureau of Food and Drugs (BFAD) of the Department of Health, and
other government agencies as may be required.

Sec. 9. Functions of the Accreditation Committee - The Accreditation Committee
shall have the following functions:

a. Assist in the formulation of accreditation policies and guidelines;
b. Ensure strict implementation and compliance with Halal accreditation
criteria by applicant Islamic organizations;

. Conduct technical briefings to applicants for Halal accreditation;

d. Review assessment reports submitted by the accreditation assessment
division;

e. Recommend to the Executive Director the granting or refusal of
accreditation to applicant Islamic organizations; and

f, Assist the Executive Director and the Secretariat of the Board as may be
required.

e

Sec. 10. Board Secretariat - The Board shall have a Secretariat which shall furnish
the necessary administrative, secretariat and other support services to the Board.

The Secretariat shall be under the direction and supervision of the
Executive Director appointed by the President upon the recommendation of the
Governing Council. The personnel of the Secretariat shall be appointed, and their
compensation fixed by the Governing Council upon the recommendation of the
Executive Director in accordance with Civil Service laws, rules and regulations.

The Secretariat shall consist of the Assessment Division and the Operations
Division.


The Assessment Division shall be composed of qualified assessors to be
employed by the Board or may be contracted from other non-governmental
organization or government agencies, depending upon the availability of
qualified personnel within the Board to perform such function. The Operations
Division shall be responsible for the administrative and financial functions of the
Board as may be assigned by the Executive Director.

Sec. 11. Philippine National Standards for Halal - The system guidelines
established by the Board shall be called the Philippine National Standards for
Halal hereinafter referred to as the PNS for Halal.

The PNS for Halal shall provide the specific guidelines for a
comprehensive and integrated Philippine Halal system that will govern the
extraction, preparation, processing, manufacture and production, packaging,
labeling, transportation, storage, marketing and distribution of Halal foods and
products as well as the certification of Halal abattoirs, outlets, hotels, restaurants
and other service establishments.

The PSN for Halal shall conform to existing international Halal standards,
where applicable, and guidelines on Halal shall be the basis for a voluntary
accreditation system: Provided, That the Board shall submit the Standards to the
Bureau of Product Standards of the Department of Trade and Industry for
promulgation as the official Philippine National Standards for Halal. Provided,
further, That the Board shall submit a final copy of the Philippine National
Standards for Halal to the Official Gazette for publication.

Sec. 12. Sanctions - The Board shall be empowered to formulate rules and
regulations and impose sanctions to ensure compliance to the Philippine Halal
System: Provided, That the Board shall take into consideration the pertinent
provisions of Republic Act No. 4109 otherwise known as the Bureau of Standards
Law in the formulation and eventual implementation of said rules and
regulations. Provided, further, that the Board, in the formulation of said rules
and regulations and imposition of sanctions, shall maintain the voluntary
character of the Halal accreditation system.

See. 13. Transition Period - There shall be a transition period of two (2) years
wherein personnel from the Department of Trade and Industry shall be utilized
to exercise the functions of the Secretariat. The amount necessary shall be
charged against the current appropriation agencies: Provided, That after such
period, the amount necessary for its continued implementation shall be
appropriated and charged against the General Appropriations Act.


Sec. 14, Office - The Board shall hold office at the Department of Trade and
Industry during the transition period or until such time that a permanent office
for the Board is established.

Sec. 15. Congressional Oversight Committee - Two (2) years from the effectivity
of this Act, a Congressional Oversight Committee composed of the Senate
Committees on Trade and Commerce, Agriculture and Food, Cultural
Communities, and Finance, and the House of Representatives’ Committees on
Trade and Industry, Agriculture and Food, Muslim Affairs, and Appropriations
shall be constituted for the purpose of evaluating the implementation of the
Philippine Halal System under the supervision of the Board and if warranted,
recommend the appropriate legislative measures to support, complement,
supplement or amend this Act.

Sec, 16. Implementing Rules - The Department of Trade and Industry, in
coordination with the National Meat Inspection Service (NMIS) and the Bureau
of Food and Drugs (BFAD) arid other concerned government and non-
government organizations, shall, within ninety (90) days from the effectivity of
this Act, promulgate the necessary rules and regulations for the enforcement of
the provisions of this Act.

Sec. 17. Repealing Clause. - All laws, decrees, orders, rules and regulations or
other issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

See. 18. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby
shall remain in force and effect.

Sec. 19. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or in a
newspaper of general circulation in the Philippines.

Approved.