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.JbtK% 05 'b ti& SkC.RE 
THIRTEENTH CONGRESS OF THE REPUBLIC 
SECOND REGULAR SESSION 
OF THE PHILIPPINES 
Introduced by Senator Magsaysq, Jr, 
Explanatory Note 
This bill is submitted bearing in mind that it is the policy of the State to protect 
the interest of the people for clean, pure and healthy food 
Likewise, the recognition 
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 
Most important of all, however, is the fact that this bill is 
accorded recognition in respect to the rich tradition and way of life of the Filipino 
Muslims 
Among the highlights of this piece of legislation are as follows 
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The establishment of a Philippine Halal Accreditation and Regulatory 
Board which will be responsible for the formulation, 
drafting, 
management and implementation of programs relevant to manufacturing, 
production, distribution, preparation, handling, storage and verification of 
halal approved-food, non-food merchandise and services, 
It provides as well as informs the people of the basic culture characterizing 
the Muslim society, which includes 1) 
that food or products or their 
ingredients must not contain any components of animals and carrion that 
are prohibited under Sharia'h Law or animals that are not slaughtered 
according to the Sharia'h Law, 2) 
that the food or product does not 
contain ingredients that are considered Haram or Najis by Sharia'h Law, 
3) 
that the food or product is not prepared, processed or manufactured 
using equipment that has been contaminated with Haram or Najis, 4) the 
labeling of products that are certified as 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 
It institutionalizes a national standard at par with the world accepted Halal 
standards ordained in advanced Muslim societies and the same to be 
observed in all abattoirs, outlets, hotels, restaurants and other service 
establishments 
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Early cognizance of this bill by the Committee and its earnest immediate 
enactment is requested. 


THIRTEENTH CONGRESS OF THE 1
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FIRST RIGGULAR SESSION 
OF THE PHILIPPINES 
INTRODUCED BY SENATOR MAGSAYSAY? JR. 
CREATING 
THE 
PHILIPPINE 
HALAL 
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REGULATORY BOARD AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Phi~pp~nes 
in 
Congress assembled 
SECTION I. Ttitle - This Act shall be known a5 the "~hi~ippine 
Halal 
Act of 2005.'' 
SEC. 2. Declaration of 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 AI-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. HaZaZ - means "lawfui," 
as pertaining to food and other products for 
human consumption and services permitted under Shariah Law. 
c. 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. 
e. 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. 
f. Certification - 
third party attestation related to products, processes, 
systems, or persons. 
g. Islamic organization - means qualified Muslim organization engaged in the 
inspection, audit and halal certification of food and non-food products, 
establishments and services. 
h. Cawion - as defined by Shariah Law, means the flesh of swine, dogs, cats, 
reptiles, amphibians and predatory animals; flesh of dead animals that have 
been sacrified 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. 
Nujis - 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. 
i. 
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. 
The food or product does not conkain ingredients that are considered 
Haram or Najis by Shariah Law. 
The food or product is not prepared, processed or manufactured 
using equipment that has been contaminated with Haram or Najis. 
During its preparation, processing, storage or transportation, the food 
or product is fully separated from, and does not come in contact with, 
b. 
c. 
d. 


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. 
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 
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provided for under Section 112 of this Act. 
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. 
f. 
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 ~
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oard - Thereis 
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 
c. 
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 (20 consecutive terms. 
The Governing Council shall be healed by the Secretary of Trade and 
Chairman and a Co-Chairman who shall be appointed by the 
Industry as 
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; 
Issue criteria to be used in the assessment and review for the voluntary 
accreditation of applicant Islamic organization. 
Supervise, regulate and grant, deny or cancel Walal 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; 
b. 
c. 
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; 
Levy, assess and collect, and periodically adjust and/or revise the rates of 
fees and charges for the issuance of accreditation; 
Oversee the funds for the operation of the Board; 
Establish and prescribe policies on complaints and appeals regarding 
accreditation activities; 
e. 
f. 
g.1 


h. Represent the Phili 
in regional or international meetings; 
i. 
Form commi&e(s) 
the Board on technical matters; and 
j. 
Perform such 
may be 
and functions as may be prescribed by law, or as 
or proper to its mandate. 
In the event tha an Islamic organization lodges an appeal against any 
accreditation-related de ision of the Board, the Governing Council shall establish 
a three-man panel amo g its members to act on the appeal. 
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SEC. 8. 
Acc editation Committee - 
The Board shall have an 
Accreditation Commi e with five (5) members appointed by the Governing 
Council. It shall be co posed of three (3) Muslim scholars and two (2) qualified 
technical personnel. T e three (3) Muslim scholars shall come from different 
Muslim religious organ ations. The two (2) technical personnel shall come from 
and the Bureau of Foo 
o&er government agen I ies as may be required. 
the National Meat Inspection 1 Service (NMIS) of the Department of Agriculture 
and Drugs (BFAD) of the Department of Health, and 
SEC. 9. Functio s of the Accreditation Committee - The Accreditation 
Committee shall have 4 
e following functions: 
a. Assist in the ormulation of accreditation policies and guidelines; 
b. Ensure strict 'mplementation and compliance with Halal accreditation 
c. Conduct tec ical briefings to applicants for Halal accreditation; 
d. Review asse i 
sment reports submitted by the accreditation assessment 
criteria by ap licant Islamic organizations; 
division; 
e. 
to the Executive Director the granting or refusal of 
to applicant Islamic organizations; and 
ecutive Director and the Secretariat of the Board as may 
be required. 
SEC. 10. Boar Secretariat - The Board shall have a Secretariat which 
ary administrative, secretariat and other support services 
shall be under the direction and supervision of the 
shall furnish the 
to the Board. 


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 agenaes, 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. Executive Director; Duties and ~es~onsibilities - The 
Executive Director shall have the following duties and responsibilities: 
a. Execute, direct and implement the policies, regulations and resolutions 
issued by the Board; 
b. Sign under authority of the Governing Council accreditation 
certificates issued to Islamic Organization. 
c. Supervise the Board Secretariat and maintain official records, files and 
proceedings of the Board; and 
d. Perform other duties as may be required by the Board. 
SEC. 12. Philippine National Standards for Walal - 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 HalaI system that will govern the 
ektraction, 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, firther, That the Board shall submit a final copy of the Philippine 
National Standards for Halal to the Official Gazette for publication. 
SEC. 13. Sanctions - The Board shall be empowered to formulate rules 
and regulations and impose sanctions to ensure compliance tot he Philippine 
Haial 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, firther, 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. 
SEC. 14. 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. 15. 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. 14. 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. 17, 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) and other concerned government and non- 
government organizations, shall, within ninety (90) days from the effectivity of 
this Act, promulgate the n e c e s w  rules and regulations for the enforcement of 
the provisions of this Act. 
SEC. 18. Separability Clause - Should any provision of this Act be 
subsequently declared unconstitutional, the other provisions not so declared 
shall remain in full force and effect. 
SEC. 19. Repealing Clause 
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All laws, decrees, orders, rules and 
regulations, or any part thereof, which are inconsistent herewith, are hereby 
repealed or amended accordingly. 
SEC. 20. Effectivity - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in newspaper of general circulation in the 
Philippines. 
Approved,