SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

House Bill No.

Introduced by Hon. Mark A. Villar

EXPLANATORY NOTE

Halal is a term in the Quran meaning ‘permitted, allowed or lawful’. When
used in relation to food and other consumer goods, it means “permissible for
consumption. In the 1980's and 1990's the need for a proper Halal certification in
both the Muslim and the Non-Muslim countries became evident. These impositions

This Bill establishes 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. The Board is also tasked to ensure that food or products

It aims to institutionalize 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.


Lastly, this bill is focused respecting the Islamic traditions of our Muslim
brethren, providing them with an established system of Halal certification free from
doubt and ensuring them of the quality and fitness of the products certified as such.

For the above stated reasons, the passage of this bill is earnestly sought.

Ge

MARK A. VILLAR™


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

HOUSE OF REPRESEN ES
House Bill No. Nigh)

Introduced by Hon. Mark A. Villar

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

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

SECTION 1. Title - This Act shall be known as the "Philippine Halal Act of
2013”.

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. oes

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

a. Sharia’h Law - means the Islamic law based on the Al-Quran, Al-hadith
(Traditions of the Messenger of Allah), lima (Consensus of tslamic 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 “lawtul," as pertaining to food and other products for human
consumption and services permitted under Sharia’h 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 Sharia’h Law.

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


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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. Carrion - as defined by Sharia’h 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

i. Najis - as defined by Sharia’h 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 Sharia’h Law or animals that
are not slaughtered according to Sharia'h Law.

b. The food or product does not contain ingredients that are considered
Haram or Najis by Sharia’h 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 Sharia’h
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
12 of this Act

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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
10 manufacturing practices.

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13 SEC. 5. Philippine Halal Accreditation and Regulatory Board- There is
14 hereby created a Philippine Halal Accreditation and Regulatory Board, hereinafter
15 _ referred to as the Board.

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

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

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

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

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30 c. Secretary of Agriculture or his duly authorized representative; and

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32 d. Executive Director of the Office on Muslim Affairs or his duly authorized
33 representative. The two (2) Muslim scholars shall serve for a term of two
34 (2) years and may be re-appointed by the President; Provided, That no
35 person may be appointed to serve for more than two (2) consecutive
36 terms.

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38 The Governing Council shall be headed by the Secretary of Trade and

39 Industry as Chairman and a Co-Chairman who shall be appointed by the President
40 from the two (2) Muslim scholar members of the Goveming Council
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a2 SEC. 7. Powers and Functions of the Governing Council -The Governing
43 Council shall have the following powers and functions:

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

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

c. 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) the Board on technical matters; and

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

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

SEC. 8. Accreditation Committee - The Board shalt 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 and the National
Meat Inspection Service (NMIS) ofthe 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;


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b. Ensure strict implementation and compliance with Halal accreditation criteria
by applicant Islamic organizations;

c. 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

SEC. 10. Board Secretariat - The Board shall have a Secretariat which shall
furnish the necessary administrative, secretariat and other support services 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 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. Executive Director; Dy Ss and Responsibfiities - 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 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 PNS 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. 13. Sanctions - The Board shall be empowered to formulate rules and
regulations and impose sanctions to ensure compliance 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.

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 necéssary 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
andindustry during the transition period or until such time that a permanent office for
the
Board is established.

SEC. 16. 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

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supervision of the Board and if warranted, recommend ihe 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 concemed 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.

SEG. 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 - 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 iis
publication in the Official Gazette or in newspaper of general circulation in the
Philippines.

‘Approved,