Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
EIGHTEENTH CONGRESS

: 3638

House Bill No.

Introduced by Rep. Manuel “Way Kurat” E. Zamora

EXPLANATORY NOTE

This bill proposes to amend RA 7308 or the Seed Industry Development Act (SIDA) of
1992 and aims to address a number of policy issues relating to the accessibility of quality seeds to
farmers and the development of the seed sector as a whole. The following are the salient features
of the proposed amendments to the SIDA:

|. Integration and complementation of the formal and informal seed sector.
The policy framework of the SIDA takes into account the integration of the formal
and informal seed system among others. The functional linkage of these two
systems will enhance their mutual development. The formal seed system has the
capital, resources and technology whereas the farmer seed system is the major
source of germplasm for breeding. An inclusive policy framework will be
beneficial to the development of the seed industry and the agriculture sector as a
whole. The current policy framework is anchored on the over-all vision of the
agriculture sector of addressing poverty and ensuring food security of the country.

2. Enhancement of the Organizational Structure of BPI. The organizational
structure of the Bureau of Plant Industry (BPI) is improved by making it a line
bureau. As a line bureau, BPI shall have the mandate over the following: (a)
conservation development and sustainable use of plant genetic materials (b)
ensuring quality of planting materials are available to stakeholders; (c) generating
technologies along the ‘line of varietal development, culture and management,
agricultural mechanization, crop protection and etc.; (d) crop pest management, (e)
seed certification; (f) plant quarantine;(g) biosafety; (h) ensuring food safety; and
(i) variety registration.


BPI, as of the moment, is functioning as a staff bureau. It has limited manpower and
supervision up to the regional level. With the passing of Republic Act 11203 or the Rice
Liberalization Act and the implementation of RA 10611 or the Philippine Food Safety Act, the
regulatory functions of BPI will be upsurged and expanded. BPI is mandated to carry out the food
safety regulatory function of the National Food Authority. This will also entail issuance of sanitary
and phytosanitary import clearance for rice (SPSIC) and the grain quality assurance.

Thus, BPI shall exercise direct supervision and control over the mandates stated herein, as
such, it shall ensure the effective and efficient implementation in various parts of the country. This
will require new plantilla positions to provide the human resource and required skills.

3. Seed Industry Development Program (SIDP). SIDP is enhanced by defining its
operational mechanisms and the institutional arrangement necessary to formulate, implement and
monitor the medium and long term plan for the development of the seed sector. The amended law
also provides for the complementation and interface of the respective participation, roles and
contribution from the farmers and private sector.

4. Seed Control Mechanism. The seed control mechanisms under the SIDA are also
clearly defined. It intends to provide adequate regulatory mechanisms without necessarily putting
additional burdens or hamper the ease of doing business by interested persons. These mechanisms
are as follows: a) Registration of all varieties produced for commerce with the NSIC; b)
Importation and exportation of seeds subject to rules and regulations on plant quarantine; c)
accreditation of seed producer/grower or organization; d) registration of seed dealer, trader,
merchant and the like and truthful labelling of all varieties registered and listed varieties under the
NSIC. It is provided also that any seed control mechanism should not prejudice or diminish the
rights of farmers to seed as provided under the ITPGRFA.

5. Penal provisions. Appropriate penal provisions for acts or activities which are
considered detrimental to public interests in relation to good practices and desirable behavior on
seed quality control, conservation, management among others are provided in the law.
‘Administrative adjudication for violations of the seed control mechanisms is incorporated. This
will work to increase compliance to the required standards and regulation and can help raise
revenues for BPI

6. Enforcement, National law enforcement agencies are tapped to enforce the SIDA. To
strengthen the enforcement, the law also allows the deputation of persons who have undergone
the required training to supplement the limited number of law enforcers, especially at the local
level.

In view of the foregoing, approval of this bill is highly recommended.

M: 9 IRAT” E. ZAMORA


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
EIGHTEENTH CONGRESS

4 House Bill No. 3638

Introduced by Rep. Manuel “Way Kurat” E. Zamora

AN ACT AMENDING THE SEED INDUSTRY DEVELOPMENT ACT OF 1992 AND
FOR OTHER PURPOSES

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

SECTION 1. Section 2 of R.A. 7308 is hereby amended to read as follows:

“SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to promote
and accelerate the development of the seed industry and, for this purpose, the Government
shall:

a) Sustainably conserve, develop and utilize the plant genetic resources of the nation;

b) Encourage and hasten the organization of all sectors particularly small farmers and
indigenous peoples engaged in the industry, integrate all their activities and provide
assistance to them;

c) Strengthen both formal seed system and informal seed system and the interlinkages
between these two systems;

d) Support the private sector, including small farmers and indigenous peoples, to engage
in Seed research and development and in mass production and distribution of good
quality seeds;

e) xxx; and

f) Support and implement farmers’ rights to seeds to adapt to changing economic and
environmental conditions, such as climate change.”

SECTION 2. Section 3 of the same Act is hereby amended to read as follows:

“SECTION 3. Definition of Terms. When used in this Act, the following terms shall mean as
follows:

a) “Seed” shall mean plant material used for the production of food, forage, fibers,
industrial crops, oil, flowers, omamentals, grasses, herbs, spices, and aquatic plants,


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including but not limited to mushroom spores and spawn, meristem, and clonal
propagules such as bulbs, tubers, corms, cuttings, and micro-propagated plantlets;
XXX

“Breeder Seed” as used in the formal seed system means class of seeds directly
controlled by the originating, or in certain cases, the sponsoring plant breeder or
institution and which provides the source for the initial and recurring increase for the
production of Foundation seeds that are so handled as to maintain satisfactory genetic
identity and varietal purity;

“Foundation Seed” as used in the formal seed system means class of seeds that is a
progeny of Breeder seeds that are so handled as to maintain satisfactory genetic identity
and varietal purity. It is the source of initial and recurring production of Registered
and Certified seeds;

“Registered Seed” as used in the formal seed system means class of seeds that is a
progeny of Foundation or Breeder seeds that are so handled as to satisfactorily meet
yenetic purity and other quality standards;

‘eed Industry” shall mean the different components of the chain of activities
undertaken in the formal and informal seed system by an individual, association,
cooperative, corporation or firm, academic institution, and public and non-government
institution in the conservation, breeding, production, processing, testing, handling,
grading, storage, seed exchange, distribution, and marketing of seeds for agricultural
production with economic and social benefits;

XXX

“Seed Certification” is a term used in the formal seed system that shall mean a quality
system of quality assurance in seed production geared toward maintaining genetic
identity, varietal purity and standards of quality seeds of superior crop varieties
registered at National Seed Industry Council (NSIC);

“Seed Quality Control” shall mean a systematic approach to determine, achieve and
maintain desired standards of seed quality;

XXX

“Label” shall mean any written, printed or visual presentation in any manner on the
seed container, parent trees, and seedlings or any packaging material, providing
information through any means that establishes identity and traceability as required in
the rules and regulations promulgated under this Act;

“Seed Dealer/Trader/Merchant” shall mean any person, firm, agency, cooperative or
corporation engaged in the processing and/or marketing of locally produced and/or
imported seeds;

“Seed Grower/Producer” shall mean any person, natural or juridical, engaged in the
production of seeds;

“Seed Marketing Control shall mean the regulation of seed marketing through
registration of seed’ merchants/dealers, labeling, and establishment of minimum
standards of seed quality;

“Adulteration” mixing or incorporation of seeds with inferior quality, i.e below the
standards set by the regulating authority;

“Certified Seed" as used in the formal seed system means class of seeds that passed
the seed certification standards of the Bureau of Plant Industry and which is a progeny



of Breeder, Foundation, or Registered seeds that are so handled as to maintain
satisfactory genetic identity and varietal purity;

4) “Commercial purpose” the sale, exchange or distribution of seeds for any fee, rate,
charge or any considerations, directly or indirectly connected in any business, or any
other undertaking intended for profit;

1) “False Documents” shall mean any written material found on the seed package or on
the label of a seed lot,and planting material, or any other written material that
accompanies the seed or planting material or is displayed in connection with the sale
thereof, which material bears any false or misleading statement, design or device
pertaining to the quality, kind, or the variety of seeds contained therein, such as:

1. Fictitious name of an individual or entity advertised/disclosed as the dealer of
the kind of variety of seed lot;

2. Information inconsistent with the registration and/or license granted to the Seed
Producer/Grower, or with information provided in such Seed
Producer’s/Grower’s application for license;

3. Any information inconsistent with the information contained in the reportorial
requirements submitted by the Seed Producer/Grower to the relevant
government agencies;

4. Any information on the packaging which is deceptive with respect to its
contents; and

5. Such other analogous acts of deception or misrepresentation.

3) “Farmers' Organization” refers to farmers’ cooperatives, associations, or corporations
duly registered with appropriate government agencies and which are composed
primarily of agricultural producers, farmers, farmworkers, and other agrarian reform
beneficiaries who voluntarily join together to form business enterprises which they
themselves own, control and patronize,

1) “Formal Seed System" covers variety development, seed production and supply
mechanisms that are guided by defined methodologies and controlled stages of
multiplication, and are backed by national legislation and international standardization
of methodologies. This also includes research, multiplication, processing, distribution
and uptake, transport, and storage of seeds;

u) “Informal Seed System” covers variety development, seed production and supply
mechanisms by farmers and other individuals through exchange, barter, sell or purchase
from within their communities or through various social mechanisms and relationships;

\) “In Situ Conservation” means the conservation of ecosystems and natural habitats and
the maintenance and recovery of viable populations of species and, in the case of
domesticated or cultivated plant species, in the surroundings where they have
developed their distinctive properties,

w) “Ex Situ Conservation” means the conservation of plant genetic resources for food and
agriculture outside their natural habitat;

x) “Misappropriation” intentional illegal use of the traditional knowledge;

y) “National Cooperative Test” an inter-agency, multidisciplinary, multi-location
undertaking for the purpose of subjecting promising lines, varieties, and accessions to
testing, evaluation and recommendation;



2) “Plant Breeding” shall refer to genetic improvement in plant to produce the desired
characteristics;

aa) “Plant Genetic Resources” are genetic materials of plant origin with actual or potential
value for food and agriculture for the present and future generations;

bb) “Rare species” is a group of organisms that are very uncommon, scarce, or
infrequently encountered as provided by Republic Act 9147;

cc) “Variety Registration” is the process of entering a qualified variety and its agronomic
characteristics in the NSIC registry;

dd): “Unlawful Seed Lots” under the formal seed system refer to those seed lots that
comply with any of the following conditions:

1 All seeds, whether imported or produced locally without the required permits
(including biosafety permits for biotech traits), and/or licenses required under
applicable laws, as well as rules and regulations promulgated by the Department of
Agriculture, Bureau of Plant Industry, and other government agencies;

Produced without compliance with the stewardship requirement in accordance with
biosafety permit, whenever applicable;

3. Displayed for sale or sold under any of the following circumstances:

i. Infested with insect pests or infected with diseases;

ii, Supported by false documents and certifications by the Department of
Agriculture or Bureau of Plant Industry, including but not limited to imported
seeds without the proper phytosanitary and freight documents;

Bearing in its packaging or label any false, misleading, or inaccurate
information or information inconsistent with the (i) registration and/or license
granted to the Seed Grower/Producer/Dealer/Trader/Merchant; (ii) application
for license; or (iii) any reportorial or compliance requirement submitted to the
Department of Agriculture or Bureau of Plant Industry,

iv. Produced by Seed Grower/Producer without the necessary registration,

approval, or license; and
v. Any seed lot treated with prohibited chemicals.

ee) “Small Farmers” means natural persons dependent on small-scale subsistence farming
as their primary source of income and whose sale, barter or exchange of agricultural
products do not exceed a gross value of one hundred eighty thousand pesos (P180,000)
per annum based on 1992 constant prices or such amount adjusted to inflation,
devaluation and consumer price index, as provided in Republic Act No. 7607,
otherwise known as the “Magna Carta of Small Farmers”, and

ff) “Variety” means a plant grouping, within a single botanical taxon of the lowest known
rank, defined by the reproducible expression of its distinguishing and other genetic
characteristics; is a genotype (landraces, traditional varieties, farmers’ varieties,
cultivars, hybrids, clones) which has undergone systematic evaluation and which may
be released for commercialization.”


SECTION 3. Section 4 of the same Act is hereby amended to read as follows:

“SECTION 4. National Seed Industry Council. There is hereby created a National Seed
Industry Council, hereinafter referred to as the Council. The Council shall be composed of the
following who, except for the representatives of the private sector shall serve in ex officio
capacity’

a) Secretary, Department Of Agriculture (DA) - Chairperson or his duly authorized

representative with the rank of Undersecretary as alternate representative

Executive Director, Bureau of Plant Industry (BPI) — Vice-Chairperson and Executive

Director ,

Dean, College of Agriculture and Food Science, University of the Philippines Los

Bajos (UPLB-CAFS) — Member

Director, Institute of Plant Breeding, College of Agriculture and Food Science -

University of the Philippines Los Bafios (UPLB-CAFS-IPB) — Member

e) Director, DA — Bureau of Agricultural Research (BAR) ~ Member

f) Director, Crops Research Division, DOST - Philippine Council for Agriculture,
Aquatic and Natural Resources Research and Development (PCAARRD) - Member

2) Executive Director, Philippine Rice Research Institute - Member

h) Executive Director, crop-based institute of the DA - Member

i) Two (2) representatives from registered farmers’ organizations - Members

j) Two (2) representatives from seed industry association - Members

k) One (1) representative from Non-Government Organization (NGO) relevant to seed
sector - Member

1) One (1) representative from the association of agricultural colleges and universities —
Member

m) Head, Council Secretariat — Ex officio member

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d)

Allex officio members of the Council, except the Vice Chairperson/Executive Director, shall
designate a permanent alternate representative, not lower than a rank of a Division Chief level.
Selection of the representative from crop-based institute of the DA shall be on a rotation basis.

The representatives of the sectors enumerated in Sections 4i, 4j, 4k, and 41, who shall be
nominated by their respective sectors or associations through their respective selection process,
which ensures geographic representation in Council membership, shall be appointed by the
Secretary of Agriculture and shall serve for a term of three (3) years. Only citizens of the
Philippines shall be members of the Council. In case of vacancy the appointed successor shall
serve only the unexpired portion of the term of his predecessor.”

SECTION 4. Section 5 of the same Act shall be amended to read as follows:

“SECTION 5. Duties, Powers, and Functions. The Council shall have the following duties
power and functions:

a) Xxx
b) xxx


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to formulate a comprehensive medium and long-term national seed industry development
program in order to achieve seed security consistent with Section 13;

XXX

to formulate guidelines on varietal registration in the formal and informal seed sectors; and
XXX.

SECTION 5. Section 6 of the same Act is hereby amended to read as follows:

“SECTION 6. Council Meetings. The Council shall hold regular quarterly meetings: Provided,
That it may hold special meetings when necessary upon the call of the Chairperson or upon
written request of at least one third of the members. The presence of simple majority of
members shall constitute a quorum.

‘The members of the Council shall be entitled to a honorarium in compliance to the existing
accounting and auditing rules and regulations for every attendance in the meetings.”

SECTION 6. Section 7 of the same Act is hereby amended to read as follows:

“SECTION 7. Chairperson, Duties and Responsibilities. The Chairperson of the Council shall
have the following duties and responsibilities:

a) Sec. a is hereby deleted and Section b is hereby renumbered and amended to read as
follows:
“a. To supervise the operations and administration of the Council; and”

b) Sec. c is hereby renumbered and amended as follows:
“b. To exercise such other functions and duties as maybe vested by the Council.”

SECTION 7. Section 8 of the same Act is hereby amended to read as follows:

“SECTION 8. Executive Director Duties and Responsibilities. The Executive Director of the
Council shall have the following duties and responsibilities:

a) xxx

b) xxx’

©) To coordinate, monitor and evaluate the implementation of the Seed Industry
Development Program;

d) xxx

e) xxx”

SECTION 8. Section 9 of the same Act is hereby amended to read as follows:

“SECTION 9. Council Secretariat. The Council shall have a Secretariat to be established
under the BPI and under the direction and supervision of the Executive Director. The
Secretariat shall furnish the necessary administration, secretarial and other support services to
the Council, The Secretariat shall also integrate, coordinate and monitor the implementation of


the Seed Industry Development Program. The Secretariat shall be headed by an Executive
Assistant, to be appointed by the Chairperson upon recommendation by the Executive Director.

Plantilla positions shall be created based on the appropriate organizational structure that will
be developed and adopted within 90 days upon the effectivity of this Act and in accordance
with rules provided by the Civil Service Commission and other relevant laws.”

SECTION 9. Section 10 of the same Act is hereby amended to read as follows:

“SECTION 10. Technical Core Group. The Technical Secretariat is hereby renamed as
Technical Core Group composed of the Chairpersons of the different Technical Working
Groups.

The Technical Core Group shall have the following functions:

a) Review variety nominations from the Technical Working Groups;

b) Recommend varieties to the Council for registration, commercial release, and
discontinuation of crop cultivars or varieties in the Seed Program;

c) Recommend to the Council standards and policies relative to seed production, storage,
distribution and monitoring; seed testing and certification standards; extension,
promotion and marketing; and

d) Perform other functions as may be delegated by the Council.

SECTION 10-1. Technical Working Groups. Technical Working Groups shall be created by
the Council, composed of experts coming from the private and public sectors, which shall have
any of the following functions:

a) Develop, review, revise guidelines in evaluating variety entries for registration in the
National Seed Industry Council;

b) Evaluate National Cooperative Test results or characterization data of variety entries;

©) Develop, review, revise standards and formulate policy recommendation for seed
production, storage, distribution and monitoring; seed testing and certification
standards; extension, promotion and marketing; and others as deemed appropriate by
the Council, and

d) Perform other related tasks as may be assigned by the Council.

SECTION 10-2. Honorarium. Members of the Technical Core Group and TWG shall be
entitled to a reasonable compensation to be determined by the Council, subject to existing rules
and regulations.”

SECTION 10. Section 11 of the same Act is hereby amended to read as follows:

“SECTION 11. Reconstitution of the Bureau of Plant Industry (BPI). The BPI is the agency
of the Department of Agriculture that is mandated to develop the crop industry which involves:
(a) conservation, development and sustainable use of plant genetic materials; (b) ensuring
quality of planting materials are available to stakeholders; (c) generating technologies along
the line of varietal development, culture and management, agricultural mechanization, crop


protection; (d) crop pest management; (e) seed testing and certification; (f) plant quarantine;
(g) biosafety; (h) ensuring plant food safety; (i) Philippine Good Agricultural Practices
certification; and (j) variety registration.

The BPI is hereby reconstituted as a line bureau of the Department of Agriculture with
operating units up to the Regional level. Whenever appropriate, provincial offices shall be
established with the corresponding plantilla positions. As such, it shall have the following
powers and functions

a) Exercise direct supervision and control over National Seed Quality Control Services

(NSQCS); hence, BPI shall ensure the effective and efficient implementation of the

services relating to appointment of seed inspectors, licensing, field inspection,

certification, seed quality services, and seed testing laboratories which shall be
established by the BPI in various parts of the country as are necessary to ensure the
attainment of the purpose of the Seed Act;

Implement and administer the plans and resolutions adopted by the Council relevant

to the mandate of BPI;

c) Implement and administer crop variety registration;

d) Supervise, coordinate and monitor the production, distribution, regulation of breeder,

foundation and registered, and certified seeds and planting materials except for those

covered by specific commodity/discipline-based agencies

Establish, upgrade and manage national research, development, and production

support centers, testing and diagnostic and plant genetic resources laboratories, and

other production support laboratories;

f) Oversee, coordinate and monitor the Seed Industry Development Program as provided

under Section 13 hereof;

Establish and implement an efficient system for the collection and remittance of

regulatory and administrative, diagnostic, and other fees; and revenues from the sale

of seeds and planting materials, in accordance with the government regulations and
standards;

h)  Accredit private seed testing laboratories;

i) Collaborate with the Department of Justice and the national law enforcement agencies
for the criminal prosecution of offenses committed in violation of this Act and other
applicable laws;

j) Adjuidicate complaints arising from the violations of this Act as provided in Sections

18 and 19;

Develop and implement research and development (R&D) programs on crop,

agricultural and biosystems engineering except for those covered by specific

commodity/discipline-based agencies;

1) Develop and provide overall direction in the implementation of plant pest management
in agricultural crops, including pest surveillance/validation and protection of crop from
pests except for those covered by commodity specific/discipline-based agencies,

m) Prevent the introduction, incursion, establishment and, if present, the subsequent spread
of plant pests by regulating and monitoring the international and domestic movements
of plants and plant products;

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n) Establish and collaborate with other commodity specific/discipline-based agencies a
management information system;

Issue biosafety permits for biotech traits derived from modem biotechnology, and take
the lead in evaluating and monitoring plant and plant products derived from the use of
modern biotechnology and address biosafety issues related to the country’s agricultural
productivity and food security;

Certify compliance to the Philippine Good Agricultural Practices (PHILGAP)
program;

Perform specific functions mandated by laws such
1, Republic Act 10611 “Food Safety Act of 2013”;
2. Executive Order 514 series of 2006 on National Biosafety Framework for the
Philippines;

Executive Order No. 366 series of 2004 “Rationalization Plan”;

Republic Act 8435 “Agriculture and Fisheries Modernization Act of 1997”
Republic Act 7900 “High-Value Crops Development Act of 1995”:
Republic Act 7394 “Consumer Act of the Philippines";

Executive Order No. 292 “Administrative Code of 1987";

Presidential Decree 1433 “Plant Quarantine Decree of 1978”, as amended;
Other applicable laws;

Perform such other related functions, which shall promote the development of the seed
sector and achieve the purposes of this Act.

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SECTION 11-1. Organizational Structure of BPI. As a line Bureau of the Department, BPI
shall be headed by an Executive Director, assisted by two (2) Deputy Directors, who shall have
control and supervision of all offices and units that will implement its functions provided in
this Act such as regulation, (food safety, quarantine and crop protection, biosafety, seed quality
control, and variety registration), enforcement, research and development, and technology
promotion and production support services. The structure shall likewise reflect the required
‘administrative, financial and technical support to enable it to perform such functions.

Each BPI Regional office shall be headed by a Regional Director assisted by an Assistant
Regional Director, and appropriate divisions including administrative, plant quarantine, seed
quality control, food safety and crop pest management.

SECTION ‘11-2. Plantilla Positions. Plantilla positions shall be created based on the
appropriate organizational structure that will be developed and adopted within 90 days upon
the effectivity of this Act and in accordance with rules provided by the Civil Service
Commission and other relevant laws.”

SECTION 11. Section 12 of the same Act is hereby amended to read as follows:

“SECTION 12. BPI Offices and Functions. The BPI, as a line Bureau shall have the following
key offices and functions:

a) National Plant Product Safety Service — Enforcement of food safety standards, rules
and regulations,


b)

National Plant Quarantine Service — Enforcement of plant quarantine rules and

regulations;

National Crop Research, Development and Production Support Centers ~ Headed by a

Service Director, for the generation and promotion of relevant technologies and

production and distribution of crop seeds;

National Crop Pest Management Service — Plant pest management in agricultural crops,

including pest surveillance/validation and protection of crop from pests;

National Agricultural Engineering Service — Promotion of the development and

adoption of modem, appropriate and cost effective and environmentally safe

agricultural machineries and equipment;

£) National Crop Research and Production Support Service - Coordination of BPI R&D
programs, conduct of researches on plant genetic resources except for those covered by
commodity specific/discipline-based agencies, and implementation of the BPI banner
programs. The NCRPSS shall also coordinate and monitor all National Cooperative
Tests (NCT);

2) Adjudication Board — Adjudication of any complaints arising from the implementation

of this Act;

Enforcement Unit ~ Enforcement of the provisions of this Act and coordination with

the enforcement agencies; and

i) National Seed Quality Control Service -

1. Formulate plans and programs on licensing of seed growers/producers/plant
nursery operators, seed quality control services and activities on seed testing, seed
certification, and other quality control schemes to be developed;

2. Conduct field inspection of the seed crops, seed storage and processing facilities
and other activities required for seed/plant material certification and issue the
corresponding report of inspection within the purview of this Act,

3. Conduct research and capacity enhancement activities to support the performance
of their functions;

4. Impose and collect seed testing, seed and plant material certification and field
inspection fees;

5. Supervise and coordinate all official seed testing laboratories in the regions and
provincial satellite laboratories and seed certification in all provinces;

6. Accredit private seed testing laboratories; and

7. Perform such other functions as the Council may direct.”

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SECTION 12. Section 13 of the same Act is hereby amended to read as follows:

“SECTION 13. Seed Industry Development Program. There shall be a Seed Industry
Development Program (SIDP) hereinafter referred to as the Program which shall be caused to
be developed by the National Seed Industry Council (NSIC) within 90 days from its
constitution. In developing the Program the Council shall be guided by the following:

a) Over-all Framework. The Program shall promote and accelerate the development of
the seed industry in accordance with this Act and the Philippine Development Plan
by building the internal and external capacity of concerned national and regional
agencies and local government units (LGUs), taking into account the complementation


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and interface of the respective participation, processes, roles and contributions from
both formal and informal seed sectors. The program shall develop a national strategy
that will promote productivity, stability and innovation in the seed industry by ensuring
‘adequate supply and availability of quality seeds for agricultural production and
consistent with national development goals such as poverty eradication, rural
development, national food security, protection and management of agricultural
biodiversity, climate change and gender equality among others

Operational Mechanisms. The Program shall have the following elements at the
minimum:

1. Research, Development and Extension. Development of new varieties that are
compliant to variety standards including the National Cooperative Test and other
sui generis system including standards that are appropriate to informal seed
systems, formulated pursuant to this Act. Promotion of on-farm In Situ and Ex Situ
conservation of seed varieties by providing necessary facilities, as well as technical
assistance on proper management and maintenance of such facilities; ensure
‘access, conservation and adaptation of genetic resources access, varietal
development and training and seed education;

2. Seed Production. Formulation of appropriate protocols and guidelines on seed
production, post-harvest processing and storage;

3. Seed Distribution and Marketing. Development of seed networks, seed
enterprises, and incorporation of value chain analysis;

4. Normative and Regulatory Mechanisms. Harmonized and coherent regulations
on varietal registration; streamlined quality control for accreditation (seed growers,
plant nursery operators, tissue culture lab, and private seed laboratories);
Certification; Seed Testing; transboundary movement of seeds;

5. Incentive Mechanisms. Adoption of appropriate and equitable incentive
mechanisms such as credits, loans, awards and the like to ensure active and
meaningful participation from the formal and informal seed systems.

6. Additional Elements. Additional elements of the program may be included
provided the same shall not diminish or change the functions of the agencies
concerned as provided in the preceding section and the participation of the
stakeholders from both formal and informal seed systems will not be prejudiced
and it is consistent with and will complement the foregoing elements.

Institutional Arrangement. The following institutional arrangement shall be taken
into account in the development and formulation of the program:

1. The Department of Agriculture (DA) shall have the overall task of directing and
coordinating the activities of its component agencies in accelerating the
development of the seed industry;

2. The Bureau of Plant Industry shall have the direct responsibility for the production,
distribution, regulation of Breeder, Foundation Registered, and Certified seeds
except for those covered by commodity specific/discipline-based agencies, and the
implementation of the Program, including but not limited to the management of the


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existing research centers, plant quarantine stations, pesticide analytical
laboratories, seed testing laboratories;

3. The University of the Philippines Los Banos shall provide leadership in
conventional and biotechnology activities related to crop improvement, genetic
resources conservation, and in vitro mass production of planting materials;

4, The DA research and development institutions and other State Colleges and
Universities shall conserve and sustainably use genetic resources and develop
appropriate varieties designed under Philippine conditions and propagate them into
Breeder, Foundation, Registered, and Certified seeds and extend all necessary
technical assistance to ensure the proper utilization of such seeds on the farm level;

5. The private sector of the seed industry shall direct their collective efforts in cutting
edge R&D methodologies and applying them in crop improvement and seed
technologies, and shall actively cooperate and coordinate with the government
agencies;

6. The farmer organizations shall also take active part in the development and
sustainable use of plant genetic resources; and

7. The participation and support of the LGUs shall be tapped in the implementation
of the Program particularly on the implementation of the appropriate incentive
mechanisms and capacity building to farmers, establishment of seed banks and
seed registry and in the enforcement of this Act.

Mandatory Consultation and Review. The initial Program to be developed by
Council in accordance with the foregoing provisions shall undergo consultations with
stakeholders. Thereafter, any changes, amendments or updates to meet the needs of the
seed industry, farming community and agricultural sector as a whole may be done only
afier the conduct of a review and assessment by Council and consultation with
stakeholders every five (5) years. A specific fund shall be allocated by the Council to
ensure the conduct of the regular review of the Program.

Budget Allocation. The budgetary requirement of the Program shall be funded by the
Seed Fund, provided that appropriations may be allocated in the General
Appropriations Act.”

SECTION 13, A new section and its subsection are hereby inserted after Section 13 of RA
7308, to read as follows:

“SECTION 14. Conservation of Plant Genetic Resources. The institutions involved in the
Seed Industry Development Program (SIDP) shall adopt an integrated approach to the
collecting, characterization, conservation, protection and sustainable use of plant genetic
resources for food and agriculture and recognize the enormous contribution of local and
indigenous communities and farmers in the conservation and development of such resources.
In pursuit of this objective, the following activities shall be performed:

a) Survey, inventory, and establish a database of plant genetic resources for food and

agriculture, taking into account the status and degrees of variation in existing
populations, including those that are of potential use and assess any threats to them;


b)

Implement a program in the assembly of plant genetic resources for food and
agriculture, especially those that are under threat or are of potential use, by encouraging
access and exchange of genetic materials through community seed networks,
community seedbanks and government research institutions in consultation with
relevant government agencies, farmers organizations, civil society organizations,
private seed companies and other stakeholders;

Develop a strategy for education and information to promote awareness on plant
genetic resources conservation;

Encourage in situ conservation, either in their natural habitats or on-farm, of all crops,
including wild crop relatives and wild plants for food production, and those in protected
areas, by supporting, among others, the efforts of small farmers, local and indigenous
communities;

Develop an efficient system for sustainable ex situ conservation, characterization,
registration and utilization;

f) Ensure the establishment of the conservation of plant genetic resources for ‘medium and
long term storage; and

Develop and implement a research and development program, including on-farm and
farmer research, and transfer of appropriate technologies, to harness plant genetic
resources for food and agriculture for food security, adaptation to climate change, and
addressing the needs of the seed sector.

°)

d

S

g)

SECTION 14.2. Development and Sustainable Use of Seeds. The institutions involved in SIDP
shall ensure the development of new crop varieties and sustainable use of plant genetic
resources for food and agriculture by:

a) Developing plant breeding programs to produce varieties particularly adapted to
varying ecological conditions;

b) Promoting, as appropriate, plant breeding efforts with the participation of farmers;

(c) Promoting the expanded use of locally developed and introduced varieties and
underutilized species; and

(d) Formulating a strategy to support the broadening of the genetic base of crops and
increasing the range of genetic diversity available to farmers.”

SECTION 14. A new section is hereby inserted after Section 14 of RA 7308, to read as
follows:

“SECTION 15. Informal Seed System. The institutions involved in the Seed Industry
Development Program shall strengthen the informal seed system by:

a) Promoting the traditional knowledge, innovations and practices of farmers related to
seeds;

b) Providing the necessary technical and production support and access to financial
assistance to farmers,

©) Developing a mechanism for the protection of traditional knowledge from
misappropriation, misuse and extinction taking into account the provisions of Republic
Act 8371 and other relevant legislations;


d

e)

i)

8)

Developing a mechanism for the equitable benefit sharing from the use of farmers’
varieties and seeds;

Developing a mechanism for the participation of the farmers in decision making, as
provided in the Magna Carta for Small Farmers Act, and other applicable laws;
Formulating a sui generis system for the registration of farmer-bred and traditional
varieties in consultation with the farmers; and

Promoting the rights of farmers to save, use, exchange and sell farm-saved
seed/propagating material subject to Plant Variety Protection (PVP) Law.”

SECTION 15. A new section is hereby inserted after Section 15 of RA 7308, to read as

follows:

“SECTION 16. Seed Control Mechanism. The Council through BPI is hereby mandated to
formulate and implement a seed control mechanism to enhance and develop the seed industry
which shall include the following:

a)
b)

°)

dq)

Registration of all varieties produced for commercial purpose;

Importation and exportation of seeds shall be allowed subject to rules and regulations
on plant quarantine, and other applicable laws;

Adoption of a system for licensing and/or certification of seed producer/grower or
organization engaged in any seed production or horticultural nurseries engaged in
business;

Compliance of all seed dealer, trader, merchant and the like engaged in the business of
selling, exporting or importing seeds at any place under the terms and conditions for
registration;

Adoption of a system on truthful labelling of all varieties registered and listed in the
Council intended for commercial purpose; and

Other seed control mechanisms may be adopted in accordance with the purpose of this
‘Act. However any seed control mechanism shall not prejudice or diminish the rights
of farmers to seeds as provided under Section 15.”

SECTION 16. Section 14 of RA 7308 is hereby renumbered as Section 17 and amended to
read as follows:

SECTION 17. xxx

a)

b)

Individuals, farmers’ organizations, cooperatives, and corporations wholly owned by
Filipinos shall be entitled to technical assistance from the Government, including
training in seed technology, availment of seeds and results of basic research studies,
and monetary benefits arising from commercialization;

XXX

1. xxx

2. xxx
3. xxx
4. xxx
5. xxx


warvausune

RERES

6. xxx

SECTION 17. A new section and its subsections are hereby inserted after Section 17 of RA
7308 as renumbered, to read as follows:

“SECTION 18. Administrative Adjudication. The Department shall organize and designate the
composition of the Adjudication Board, which shall be composed of the BPI Executive
Director as Chairperson and four (4) other members who shall be appointed by the Secretary
The Adjudication Board shall be supported by sufficient number of staff to enable it to perform
its mandate.

The Board shall promulgate rules and regulations for the conduct of administrative
adjudication and the disposition of unlawful seed lots, and other violations of this Act. It shall
also issue subpoena duces tecum and ad testificandum in administrative cases before it.

SECTION 18-1. Commencement of Summary Administrative Action. To effectively implement
and monitor compliance with the provisions of this Act, the Adjudication Board shall, motu
proprio or upon written complaint by an interested party, or upon referral by any other
‘government agency, initiate and conduct inquiries and investigations of violations of this Act.
‘After proper proceedings, the Board may perform any of the following:

a)

Causing the arrest of any person committing or attempting to commit any prohibited
act;

Issuance of cease and desist orders against any person or entity found to be in violation
of this Act;

Issuance of orders for the search, seizure, confiscation and proper disposition of
Unlawful Seed Lots, provided, that probable cause determined by the agency for the
search is established as provided in Section 19.1 hereof,

4) Stoppage of the transport and/or shipment of Unlawful Seed Lots; or

¢) Imposition of administrative fines.

b

5

Any actdecision of the Adjudication Board, as provided herein, may be appealed to the
Secretary of the Department

SECTION 18-2. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
Injunctions, and Preliminary Mandatory Injunctions. No injunction of restraining order from
the Courts shall lie against the Department and BPI upon the ex parte motion or petition filed
by any person or entity in the exercise by the Department and BPI of its regulatory functions
in support of the implementation of this Act.

SECTION 18-3. Persons and Deputies Authorized to Enforce this Act and Its Rules and
Regulations. The law enforcement unit of the BPI, the Philippine National Police, law
enforcement officers of the LGUs and other government enforcement agencies, are hereby
authorized to enforce this Act and its rules and regulations. Other competent government
officials and employees, personnel of the LGUs who have undergone training on law


enforcement may be designated in writing by the Department as deputized enforcers for the
enforcement of this Act and its rules and regulations.”

SECTION 18. Sections 15, 18 and 19 of RA 7308 are hereby renumbered and amended with
subsections to read as follows:

“SECTION 19. Prohibited Acts, The following are prohibited acts/activities:

a) Importation of seeds intended for commerce that does not comply with seed quality,
biosafety, fair trade practices, as well as sanitary and phytosanitary requirements of the
country; :

b) Exportation of rare species xxx;

c) Importation, production, display, marketing, sale, distribution or transportation of
Unlawful Seed Lots; and

d) Unauthorized access to plant genetic resources by physical taking of plant genetic
resources without permission. If committed by a person who has custody over the plant
genetic resources, higher penalty shall be imposed;

¢) Unauthorized acquisition/use and sale of hybrids including parental lines, biotech traits,
and registered varieties by physical taking without permit, subject to the provisions of
the Plant Variety Protection Law; and

2) Untruthful labelling of seeds through misrepresentation in terms of identity, quality and
quantity.

SECTION 19-1. Penal Provisions. Any person, corporation, partnership, firm, establishment,
‘association, or any juridical entity who willfully violates any provision of this Act or any rule
or regulation promulgated pursuant to this Act, shall, upon conviction, be punished with a fine
of not more than FIVE HUNDRED THOUSAND PESOS and/or imprisonment of not more
than five (5) years, or both, in the discretion of the court Provided, that in the case of a
corporation, partnership, firm, establishment, association, or any juridical entity, the penalty
shall be imposed upon the responsible officers and/or members, who knowingly participated,
abetted, or consented to the commission of such punishable acts.

If the offender is a foreigner, he shall, after payment of the fine and/or service of the sentence,
be subject to deportation.

Any violation of any provision of this Act shall be a sufficient ground for the suspension,
cancellation, or revocation of any certification, permit, license, right or privilege granted or
arising pursuant to this Act.

SECTION 19-2. Other Penalties. In cases of any violation of this Act, the BPI Adjudication
Board may, after due notice and hearing, impose fines in accordance with the amounts stated
in the Schedule of Fines issued in relation to this Act. In fixing the amount of the fine, the
Council shall have regard to both the gravity and duration of the violation.

‘The penalties provided in this Act are without prejudice to the right of the offended party to
recover damages and seek other rights and reliefs that the offended party may be entitled to,


@Vousunn

under the Civil Code, international legal norms on liability and compensation, and other
applicable laws and rules on indemnity and compensation,

Nothing in this Act shall impair, affect, impede, obstruct or curtail the powers, duties and
responsibilities expressly and impliedly granted to competent national authorities in
implementing, and performing their respective mandates in, the following laws:

a) DA-DENR-DOST-DOH-DILG Joint Circular No. 1 s. 2016, otherwise known as the
Rules and Regulations in the Importation, Field Trial, Release to the Environment and
Commercial Propagation of Genetically Engineered Crops;

b) Republic Act No. 10611, otherwise known as the “Food Safety Act of 2013”;

©) Republic Act No. 9147 otherwise known as “Wildlife Conservation and Protection

Act”. 2008;

Republic Act No. 8435, otherwise known as the “Agriculture and Fisheries

Modernization Act of 1997",

Republic Act No. 7394, otherwise known as “Consumer Act of the Philippines”.1992;

and

f) Presidential Decree No. 1433, as amended, entitled “Promulgating the Plant
Quarantine Law of 1978, thereby Revising and Consolidating Existing Plant
Quarantine Laws to Further Improve the Plant Quarantine Service of the Bureau of
Plant Industry”.

d

e)

SECTION 19. Section 16 of RA 7308 is hereby renumbered and amended to read as follows:

SECTION 20. Funds of the Council. There is hereby created a revolving fund to be known as
the Seed Industry Development Fund to be sourced from the following:

a) Five hundred million pesos (P500,000,000.00) to be appropriated out of any funds in
the National Treasury not otherwise appropriated;

b) xxx

©) xxx

d) xxx

‘The funds provided therein shall be used solely for the implementation of SIDP and the
implementation of this Act.

SECTION 20. Section 20 of the same Act is hereby renumbered to read as follows:

“SECTION 21. Formulation of Implementing Rules and Regulations. An Inter-agency
Committee is hereby created to formulate rules and regulations for the full implementation of
this Act within ninety (90) days of its effectivity: Provided, however, That the formulated
rules and regulations shall be submitted to both Houses of Congress for information and
guidance. Such rules and regulations shall take effect upon publication in a newspaper of
general circulation.


SECTION 21. A new section is hereby inserted after Section 21 of RA 7308 as renumbered,
to read as follows:

“SECTION 22. Mandatory Review. The Congress of the Philippines shall undertake a
mandatory review of this Act at least once every five (5) years and as often as it may deem
necessary, to ensure that seed policies and guidelines remain responsive to changing
circumstances.”

SECTION 22. A new section is hereby inserted after Section 22 of RA 7308 as renumbered,
to read as follows:

“SECTION 23. Transitory provision. All Regional Crop Protection Centers of the DA
Regional Field Offices shall be transferred to Bureau of Plant Industry. It shall include the
transfer of functions, appropriations, funds, records, equipment, facilities, chosen in action,
rights, other assets, and liabilities, if any, of the transferred unit as well as the personnel thereof,
as may be necessary, who shall, in a hold-over capacity, continue to perform their respective
duties and responsibilities and receive the corresponding salaries and benefits.”

SECTION 23. Section 17, 21, 22 and 23 of RA 7308 are hereby renumbered as Sections 24,
25, 26 and 27, respectively:

SECTION 24. xxx
SECTION 25. xxx
SECTION 26. xxx

SECTION 27. xxx

Approved,