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

First Regular Session

: 5 S
House BILLNo,__ 3259

Introduced by Representative Lex Anthony Cris A. Colada

EXPLANATORY NOTE

In 1992, upon the approval of Republic Act No. 7308, otherwise known as the Seed
Industry Development Act of 1992, the National Seed Industry Council was created.
The council replaced the former Philippine Seed Board which was responsible for
the approval and registration of crop varieties.

The enforcement of Republic Act 7308 strengthened the role of the Bureau of Plant
Industry (BPI) and the development of the seed industry, from research and
development, field testing, supervision, monitoring, coordination, accreditation of
seed growers and plant nursery operators, to searching and seizing illegal seeds and
plant materials.

Another provision which calls for the amendment is the penal provision. RA 7308
mandates a fine of not more than ten thousand (P10,000.00) pesos, which is notably
very low due to inflations. The current penalty no longer discourages the commission
of the offense, and in fact, enhances the violation of the law because of the very
simall fine imposed.

The bill aims to proposed amendments to a two-decade old law to further bring high
quality seeds and planting materials to the farmers.

In view thereof, approval of this bill is earnestly sought.

LEX ANTHONY CRIS A. COLADA
AAMBIS-OWA Party List


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

NINETEENTH CONGRESS
First Regular Session

3259

HOUSE BILL NO. __

Introduced by Representative Lex Anthony Cris A. Colada

AN ACT ENHANCING AND PROMOTING THE SEED INDUSTRY IN THE
PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 7308, OTHERWISE KNOWN AS THE “SEED INDUSTRY DEVELOPMENT
ACT OF 1992”

Be it enacted by the senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Section 3 of Republic Act No. 7308 is hereby amended to read as
follows:

“Sec, 3. Definition of Terms. As used in this Act, the following terms

shall mean as follows:

a) xxx;

fb) xXx 20x xxx;

b-1) “UNLAWFUL SEED LOTS” REFERS TO THOSE SEED LOTS
DISPLAYED FOR SALE INFESTED WITH INSECT PESTS OR INFECTED
WITH DISEASES SOLD BY DEALERS/PRODUCERS WOULD FALSE
DOCUMENTS AND CERTIFICATION DEPARTMENT OF AGRICULTURE
(DA) OR BUREAU OF PLANT INDUSTRY (BPI), INCLUDING BUT NOT


LIMITED TO IMPORTED SEEDS WITHOUT THE PHYTOSANITARY
DOCUMENTS AND CUSTOMS CLEARANCES;

b.2) “FALSE DOCUMENTS” SHALL MEET ANY FALSE OR
MISLEADING DECLARATION IN ANY MATERIAL PARTICULAR ON THE
PACKAGE OR ON THE LABEL WHICH BEARS ANY STATEMENT, DESIGN
OR DEVICE REGARDING THE QUALITY OR THE KIND OR VARIETY OF
SEED CONTAINED THEREIN, NAME OF A FICTITIOUS INDIVIDUAL OR
ENTITY ASKED THE DEALER OF THE KIND OF OR VARIETY, OR IF THE
PACKAGE IS OTHERWISE DECEPTIVE WITH RESPECT TO ITS
CONTENTS, AND SUCH OTHER ANALOGOUS MISREPRESENTATION.

e-1) “CERTIFIED SEED” SHALL MEAN THE PROGENY OF
BREEDER FOUNDATION SEED OR REGISTERED, BUT NOT FROM
CERTIFIED SEEDS THAT ARE SO HANDLED AS TO MAINTAIN
SATISFACTORY GENETIC IDENTITY AND PURITY;

e-2) “GOOD SEED” SHALL MEAN SEED THAT MAY BE
PRODUCED FROM VARIETIES NOT YET APPROVED BY THE NATIONAL
SEED INDUSTRY COUNCIL ARE (NSIC) AND MEETING THE STANDARD
SANCTIONED BY THE NSIC. ANY CLASS OF CERTIFIED, IN CASE IT
DOES NOT CONFORM WITH THE COUNCIL'S CORRESPONDING
STANDARDS, MAY QUALIFY AS GOOD SEED;

XXX

n-1)“UNFAIR COMPETITION” SHALL MEAN BIASED OR
PREJUDICED CONDITIONS DESCRIBING A TRADES TRANSACTION AS.
EVIDENCE BY THE DUMPING OF SALE SUBSIDIZED SEEDS AND
PLANTING MATERIAL;

n-2) ADEQUATE QUANTITY SHALL MEAN THE IMMEDIATELY
PRECEDING 3 - YEAR AVERAGE LOCAL PRODUCTION OF AC VARIETY


WHICH IS NOT LESS THAN NINETY PER CENT (90) OF PERCEIVED
DEMAND FOR THE SEED VARIETY;

n-3) “COMPETITIVE PRICE” SHALL MEAN THE DOMESTIC PRICE
WHICH IS THE PRICE CHARGED BY SEED WHOLESALERS TO SEE
DEALERS OF LOCALLY PRODUCED SEED VARIETY IF THE VICINITY
OF THE POINT OF ENTRY WHICH IS NO MORE THAN THE LANDED
COST OF THE SAME AND OF IDENTICAL QUALITY IMPORTED SEED
VARIETY PLUS APPLICABLE IMPORT DUTIES AND TAXES.”

SEC. 2. Section 11 of the same Act is here by amended to read as follows:

"SEC. 11. National Seed Quality Control Services. - There shall be a
National Seed Quality Control Services, herein after referred to ask Services,
which shall be constituted in the Bureau of Plant industry. It shall have control
and supervision over field inspection and control services, and seed testing
laboratories which shall be established by the Bureau of Plant industry and
various parts of the country as are necessary to ensure the attainment of the
purposes of this Act. All personnel, fines and equipment of the existed control
services and the field inspection services of the Department of Agriculture are
here by transferred to the here in created body.

THE DIRECTOR OF THE BPI, UPON ENDORSEMENT OF THE
REGIONAL DIRECTORS OF THE DA SHALL RECOMMEND THE
APPOINTMENT AND DEPUTATION OF THE SEED INSPECTORS FOR
THE APPROVAL OF THE SECRETARY OF AGRICULTURE.”

SEC. 3. Section 15 of the same Act is here by amended to read as follows:
“SEC. 15. Restrictions. - the following acts are prohibited:
a) Importation in commercial quantities of species of seeds that are

being produced locally, except seeds difficult to grow under ordinary

conditions or when allowed by the Council;


b) Exportation of rare species, varieties, lights and strains of plants
from the country except for the scientific or International exchange

purposes which shall be determined by the Council; [and]

c) ANY ACT OF DISPLAYING, SELLING, AND TRANSPORTING OF
UNLAWFUL SEED LOT; AND

d) {c)] Such other activities as DETERMINED BY the council. [may
deem fit to prohibit,]"

SEC. 4. Section 18 of the same Act is hereby amended to read as follows:

"SEC. 18. Authority to Search and Condemned Unlawful Seed Lots. —
[In order to carry out effectively the provisions of this Act, the executive
director of the council is hereby authorized to search and seize seed lots
labeled, identified or imported in violation of this Act; Provided, that a search
warrant shall first be secured from the proper court and the same be
served/enforced with the assistance of the Philippine National Police (PNP) of
the National Bureau of Investigation] THE COUNCIL OR ITS DULY
DEPUTIZED COMMITTEE IS VESTED WITH AUTHORITY TO PERFORM
THE FOLLOWING POWERS AND FUNCTIONS:

A) INVESTIGATE SUSPECTED VIOLATORS OF THIS ACT;

B) ARREST AND APPREHEND ANY PERSON ACTUALLY COMMITTING
OR ATTEMPTING TO COMMIT AN OFFENSE UNDER THIS ACT;

C) SEARCH AND SEIZE AT LAWFUL AND PROHIBITED SEE LOTS AS
STATED IN SECTION 15 OF THIS ACT; PROVIDED, THAT PROBABLE
CAUSE FOR THE SEARCH IS ESTABLISHED;

D) STOP THE TRANSPORT AND/OR SHIPMENT OF SEED LOTS
WITHOUT AUTHORITY OR WITHOUT LEGAL DOCUMENTS IN


ACCORDANCE WITH PERTINENT LAWS, REGULATIONS OR
POLICIES ON THE MATTER;

—) AUTHORITY TO SEEK THE ASSISTANCE OF OTHER LAW
ENFORCEMENT AGENCIES FOR THE EFFICIENT AND EFFECTIVE
IMPLEMENTATION OF THIS ACT AND

F) PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS ACT.

THE COUNCIL THROUGH ITS EXECUTIVE DIRECTOR, IS HERE
BY A POWER TO ORDER THE PROPER DISPOSITION OF CEASED AT
CONFISCATED SEE LOTS. THE COUNCIL SHALL FORMULATE
POLICIES AND GUIDELINES FOR THE PROPER IMPLEMENTATION OF
THIS PROVISION.

{Should the seed lots so searched and seized be found after due hearing, to be
suitable for condemnation, and his judgment, the executive director is here by
empowered to issue to any of his designated representatives and order for
condemnation of unlawful seeds lots, in which case the same shall be processed,
relabeled or otherwise disposed of in such matter as he may deem appropriate:
Provided, that in no case shall the executive director orders such condemnation
without giving the claimant an opportunity to apply for the release of said seed lot or
permission to process it in compliance with this Act, subject to the payment of just
compensation in the proper case.]

SEC. 5. Section 19 of the same Act is hereby amended to read as follows:

“Sec. 19. Penal Provisions. Any person, CORPORATION,
PARTNERSHIP, firm, ESTABLISHMENT, [or] association, OR ANY TO
JURIDICAL ENTITY who shail violate any provision of this Act or the
implementing rules and regulations promulgated pursuant to this Act, shall,
upon conviction, be punished with a fine of not more than FIFTY THOUSAND
PESOS (P50,000.00) [Ten thousand pesos (P10,000.00)] or imprisonment of


not more than five (5) years, or both, in the discretion of the court: Provided;
that in the case of CORPORATION, PARTNERSHIP, firm,
ESTABLISHMENT, [or] association, OR ANY JURIDICAL ENTITY the
penalty of imprisonment shall be imposed upon the officers AND MEMBERS
OF THE BOARD OF DIRECTORS [who knowingly participated, a bedded, or

consented to the commission of such punishable acts].

ANY VIOLATION TO ANY PROVISION OF THIS ACT SHALL BE
SUFFICIENT GROUND FOR SUSPENSION, CANCELATION, OR
REVOCATION OF THE SAME.

SEC. 6. Section 21 of the same acts here by a bed that to read as follows

“SEC. 19. Repealing Clause. All [existing] laws, DECREES, ORDERS,
ules and regulations, OR OTHER ISSUANCES or parts thereof WHICH ARE
inconsistent WITH [of] THIS ACT are hereby repealed, AMENDED
[superseded] OR MODIFIED ACCORDINGLY. [Provided, however, that
nothing in this Act shail amend, modify to repeal the provisions of Republic
Act No. 7160, otherwise known as The Local Government Code.]"

SEC. 7. Separability Clause — If any provision of this Act is subsequently declared
invalid or unconstitutional, other provisions hereof which are not affected thereby

shall remain in full force and effect.

SEC. 8. Effectivity — This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation.

Approved,