GE REPRESDS

EGEIVERS A
=)

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

\s

EIGHTEENTH CONGRESS
First Regular Session

3599
HOUSE BILL NO.

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

Organic agriculture is a more ecologically sound approach to farming which refrains from
using chemical fertilizers, pesticides and other pharmaceuticals in growing crops. When propery
Practiced, it provides benefits to farm Productivity, environmental safety, biodiversity, and the health
of farm workers, consumers, and the general public. It should be noted that agriculture has been
practiced for thousands of years before the advent of artificial fertilizers. Organic farming simply
adopts these tried-and-tested methods but at the same time utilizes new agricultural knowledge and
advancements.

The passage of RA 10068 or the Organic Agricutture Act of 2010 is a step in the right
direction when it comes to the Promotion of organic agriculture in the Philippines. Said law provides
for the establishment of the National Organic Agriculture Program (NOAP), which as of May 30,
2017, has been officially recognized as an intemational affiliate of the Intemational Federation of
Organic Agriculture Movements (IFOAM), which is a non-governmental organization and the
worldwide umbrella organization for the organic agriculture movement, representing close to 800
affiliates in 117 countries.

The country has a strong commitment to organic agriculture. But at the same time, it is
recognized that the initial Organic Agriculture Act has problems regarding its implementation. Some
farmers point out that the process of getting your products certified as organic is needlessly
complex. Others cite lack of technical skill and knowledge in meeting organic certification
requirements.

This expanded bill seeks address these issues by strengthen the administration and
procedural aspects of the original law. It provides more institutional support to manage the
implementation of the program and to undertake regular progress monitoring and impact evaluation
to ensure that interventions are responsive to the needs of the relevant stakeholders. In essence,
giving farmers more support in switching to organic agriculture processes.

Overall, this bill seeks to devote more government resources, in the form of additional
staffing and manpower developing and carrying out more strategic and effective plans. This
expanded mandate should lead to better execution so that the benefits of organic agriculture will be
felt not just by the agricultural sector, but the whole of Philippine society as well.

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

IN S. GARIN
1S-Owa Partylist


Oo Vauaune

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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__ 3539

Introduced by Representative Sharon S. Garin

AN ACT

STRENGTHENING THE IMPLEMENTATION OF THE NATIONAL ORGANIC

AGRICULTURE PROGRAM BY ENHANCING REGULATORY CAPACITY,
ESTABLISHING COORDINATING OFFICES, AUGMENTING HUMAN RESOURCE
COMPLEMENT AND REPEALING REPUBLIC ACT NO. 10068, AND
APPROPRIATING FUNDS THEREFOR.

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

SECTION 1. Short Title. - This Act shall be known as the “Expanded
Organic Agriculture Act”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State

‘0 promote, propagate, develop further and implement the practice of organic

agriculture in the Philippines that will cumulatively address sustainable development

goals and the adverse impact of climate change by enhancing the condition and
enriching the health of the soil, reduce pollution and destruction of the environment
with respect to nature, prevent the depletion of natural and available resources,
increase farm productivity by optimizing locally available farm inputs, and further
Protect the health of farmers, consumers, and the general public through
implementation of an effective regulatory management system. Towards this end, a

Strengthened implementation of the National Organic Agriculture Program, enhanced


©

10

sb

12

13

14

15

18

19

20

22

23

24

25

regulatory capacity, established institutional arrangement, and promotion of organic
agriculture production, post-production, and marketing systems including those that
are community-based together with a nationwide educational and promotional
campaign for their use and processing as well as adoption of organic agriculture
«system as a viable alternative and means to ensure food security shall be

undertaken.

The State recognizes and supports the central role of the farmers, fisherfolks,
indigenous peoples, and other relevant stakeholders at the grassroots in this
program.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
shall be defined as follows:

(@) Certification — procedure by which organic certifying bodies, or recognized
organic certifying bodies and other organic guarantee system providers
Provide written or equivalent attestation that food, non-food, or inputs
including their control systems conform to the applicable Philippine National
Standards (PNS) relevant to organic agriculture and other regulatory

requirements. [Modified Definition: RA 10068 and PNS/BAFS 07:2016]

(b) Civil Society Organizations: (CSOs) - non-market and non-state
organizations outside of the family in which people organize themselves to
Pursue shared interests in the public domain. Examples include community-
based organizations and -village associations, environmental groups,
Women's rights groups, farmers associations, faith-based organizations,
labour unions, co-operatives, professional associations, chambers of
commerce, independent research institutes and the Not-for-profit media

[Organisation for Economic Co-operation and Development (OECD)]


13

14

15

16

18

19

20

21

22

23

24

25

(c) Commercialization — process of introducing a new agricultural and fishery
technology either as product, process or Service that has undergone the
intensive innovative activities of assessment, Promotion and transfer for
economic benefit [RA 10068]

(d) Designating authority - agency within the Department of Agriculture (DA) to
Provide recognition to organic certifying body, accredited certifying body, and
other organic guarantee system provider, suspension or withdrawal of
recognition, or removal of their suspension [Modified Definition: ISO
17000:2004]

(e) Formal education - systematic and deliberate Process of hierarchically-
Structured and sequential learning corresponding to the general concept of
elementary, secondary and tertiary levels of schooling including education for
those with special needs [RA 10068]

() Geographical scope — market reach of other organic guaranteed products,
wherein producer may directly link with consumers or indirectly through an

intermediary, that are found within national borders [PGS Guidelines]

(9) Licensing — process by which authority approve an application, of a person,
corporation, cooperative, agriculture or fishery establishment, or other juridical
Persons, for authority to operate an establishment or to engage in any activity,
for the purposes of Producing organic food, non-food, and input products, in
the primary production and postharvest stages of the food supply chain to
Produce safe primary and postharvest animal and plant food and inputs. It
includes facilities involved in activities related to agrochemicals and other
inputs in the primary and postharvest stages of production. The approval will

require proving capability to operate a facility or establishment or to engage in


10

iu

12

13

21

22

23

24

activities in the primary production and postharvest stages of the food supply
chain and covered by the license, [Food Safety Act 2011]

(h) Market matching — activities to match market requirements with product
attributes [B.F. Campbell. PRODUCTIMARKET MATCHING SYSTEM. A

computer-assisted approach to tourism planning]

(i) Non-formal education — any organized systematic educational activity
carried outside the framework of the formal system to provide selected types

Of learning to a segment of the Population [RA 10068]

() Official organic certifying body — an entity administered by a government
agency having jurisdiction empowered, and recognized to certify organic
Production system against applicable PNS relevant to organic agriculture and
other regulatory requirements, [Modified Definition: Codex CAC/GL 34-1999

(k) Officially recognized organic certifying body — an entity which have been
formally approved or recognized by the designating authority. [Modified
Definition: Codex CACI/GL 32]

(

Organic Operator — an individual or a business enterprise that is responsible
for ensuring that production, processing, manufacturing, distribution,
wholesale, retail, trade, importation and/or exportation of organic agriculture
Products meets, and continues to meet, applicable PNS relevant to organic
agriculture and other regulatory requirements [Department Circular No. 6
Series of 2015 or Revised Guidelines for the Official Accreditation of Organic
Certifying Bodies)

(m)Organic — a labeling claim with Written or equivalent attestation that a product

has been produced, Prepared, processed, and handled in accordance to the


10

1

19

20

21

22

23

25

applicable PNS relevant to organic agriculture and other regulatory

requirements [RA 10068 and PNS/BAFS 07:2016]

(n) Organic Agriculture (OA) — a production ‘system that sustains the health of
Soils, ecosystems and people. It relies on ecological processes, biodiversity
and cycles adapted to local conditions, rather than the use of inputs with
adverse effects [IFOAM]

(0) Organic certifying body (OCB) - a conformity assessment body that
conforms with the principles of ISO/EC 17065 or accredited by the
Department of Trade and Industry-Philippine Accreditation Bureau (DTI-PAB),
and recognized to certify organic production system against applicable PNS
relevant to organic agriculture and other regulatory requirements.

(p) Organic guarantee system provider — a group, association, cooperative, or
federation that assembles farmers and fisherfolks who sell their products
directly, and has an organized process to guarantee organic production
systems and the credibility of the interaction of people or organizations, based
‘on participation, compromise, transparency and trust, and is designated by
the government [Modified Definition of Social Control Organization: Brazilian
Law]

(gq) Organic input — organic materials allowed for organic agriculture production
and processing such as seeds, plant propagation materials, plant protection
and pest management agents (e.g. biocontrol agents), organic soil
amendments (e.g. organic fertilizers, compost/soil conditioners, microbial
inoculants, plant supplements.) feeds, Processing aids, which are used to
comply with the requirements of applicable PNS relevant to organic

agriculture and other regulatory requirements [RA 10068]


1

3

10

2

13

15

20

21

22

23

24

25

(f) Organic integrity — adherence to the principles, objectives and standards for
organic production [PNS/BAFS 07:2016]

(s) Recognition — governmental authorization of an organic certifying body to
perform certification activities, and other organic guarantee system providers
to provide guarantee on Organic production systems in order to assure
conformance of operators to the applicable PNS relevant to organic
agriculture and other regulatory requirements [Modified Definition: ISO
17000:2004]

(t) Registration — process by which DA enter information about agriculture and
fishery operators engaged in the Primary production and postharvest stages
of the food supply chain including facilities involved in activities related to
agrochemicals and other inputs in the primary and postharvest stages of
Production, in an official list or official ‘system for entering names and
information of the DA. [IRR of RA 10611/Food Safety Act]

(u) Small farmers — 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. An
inter-agency committee composed of the Department of Agrarian Reform
(DAR), the Department of Trade and Industry (DTI), the Department of
Finance (DOF) and the National Economic and Development Authority
(NEDA) and headed by the DA may conduct periodic review and adjustments
of the income level to take into account the effects of changes in inflation,

devaluation and consumer price index IRA 10068 and Magna Carta for Small

Farmers


10

1

12

14

15

16

7

19

20

21

(¥) Small fisherfolks — persons directly or personally and physically engaged in
taking and/or culturing and Processing fishery and/or aquatic resources as
their primary source of income and are using fishing boats of 3 gross tons or
less. They are also known as municipal fisherfolk [Modified Definition of

Municipal Fisherfolks: RA 8550 or The Philippine Fisheries Code)

(Surveillance - activities conducted to verify the integrity and continued
conformance of organic food, non-food and inputs in the market to applicable
PNS ‘relevant to organic agriculture and other regulatory requirements
[Department Circular No. 6 Series of 2015 or Revised Guidelines for the
Official Accreditation of Organic Certifying Bodies]

(x) Verification — activities Conducted to verify continued conformance of
registered organic operators to applicable PNS relevant to organic agriculture

and other regulatory requirements [Modified Definition: ISO 9000]

SEC. 4. Coverage. — The Provisions of this Act shall apply to the
development and promotion of, and adoption of relevant and appropriate organic
agriculture technologies and interventions, and implementation of effective regulatory
management system supporting organic agriculture and shall include, but not limited
to, the following:

a. Policy formulation and development, enforcement, review and revision of
regulations which include, licensing and registration, recognition, certification
and labeling of organic food, non-food and input products to ensure consumer

Protection and facilitate market access;

b. Strategic direction formulation for effective implementation of the NOAP;


10

u

12

13

21

22

23

24

c. Research, development, and extension through development of technology
transfer mechanism which include commercialization of relevant and
appropriate organic agriculture technologies;

d. Promotion and encouragement of establishment of facilities, equipment and
Processing plants that would accelerate the production and commercialization
of organic food, non-food and input products;

©. Implementation of NOAP, and its corresponding projects and activities,
including the provision and delivery of production and Post-production support
Services, and irrigation network services with focus on the farmers, fisherfolks
and other stakeholders Promoting gender and development; and

f. Market development and trade facilitation.

SEC. 5. National Organic Agriculture Program. — There is hereby a
‘strengthened, expanded and comprehensive National Organic Agriculture Program
(NOAP), herein referred to as Program, through the implementation of effective
regulatory management ‘system, promotion, commercialization of relevant and

appropriate organic agriculture technologies, cultivation and adoption of production

sand post-production technologies which have already been developed, or are to be

developed, continuing research and upgrading thereof, development of technology
transfer mechanism, capacity building of farmers and the education of consumers
thereon, the extension of assistance to local government units (LGUs), civil Society
organizations (CSOs) and other ‘stakeholders including individuals and groups who
are practicing and promoting these technologies, as well as those who are willing to
undertake other pertinent activities, and documentation, monitoring and evaluation of

the program leading to consumer Protection and facilitation of market access.


10

ti

as

16

17

19

20

21

22

23

24

The DA shall designate the National Organic Agriculture Program-National
Program Coordinating Office (NOAP-NPCO) under the Field Operations Service
(FOS) to manage the implementation of the Program and undertake regular progress
monitoring and impact evaluation to ensure that interventions are responsive to the

needs of the stakeholders.

SEC. 6. National Organic Agriculture Board (NOAB). — The National
Organic Agriculture Board, hereinafter feferred to as "NOAB" or "Board’, shall
continue its duties and functions as the policy-making body that provides general
Strategic direction and guidelines for the implementation of the Program. The NOAB
shall be attached to the DA. The NOAB shall ensure the full participation of CSOs
and the general public through coordination and stakeholders consultation strategies
such as, but not limited to, sectoral or area-wide public consultative meetings.

SEC. 7. Composition of the NOAB. — The NOAB shall consist of:

a. The Secretary of Agriculture, or the duly authorized Permanent representative,
with a rank of Undersecretary, as Chairperson;

b. The Secretary of the Interior and Local Government, or the duly authorized
Permanent representative, as Vice Chair.
©. The Secretary of Science and Technology, or the duly authorized permanent

representative;

d. The Secretary of Environment and Natural Resources, or the duly authorized

Permanent representative;
©. The Secretary of Education, or the duly authorized permanent representative;

f- The Secretary of Agrarian Reform, or the duly authorized permanent

representative;


13

14

15

16

7

18

19

20

2a

22

9. The Secretary of Trade and Industry, or the duly authorized permanent

representative;
h. The Secretary of Health, or the duly authorized permanent representative:

i, Small farmer/fisherfolk representatives for the Luzon, Visayas and Mindanao

Practicing organic agriculture/aquaculture for at least three (3) years;

J. CSO representative involved in organic agriculture/aquaculture for at least

three (3) years;

k. Representative from private sector or agribusiness firms involved in organic

agriculture/aquaculture for at ieast three (3) years; and

| Representative from agricultural colleges and universities, or the duly

J authorized alternate representative, as members.

The designated aforementioned representatives of the various departments
shall be occupying positions not lower than a director level and shall be on a

coterminous basis.

The representatives of small farmers, CSOs, and private sector or
agribusiness firms, and academe shall be designated/appointed by the Secretary of
Agriculture from among nominees submitted by the respective national organizations
or academic institutions. These representatives must be involved or practicing
organic agriculture, supportive, and committed to the implementation of policies and

,Program provided under this Act.

The existing NOAB created pursuant to Republic Act No. 10068 shall continue
to function until the new NOAB created herein has been constituted Pursuant to

Section 8 hereof.


coy

12

13

a4

is

2a

22

23

SEC. 8. Organization of the NOAB. — The DA shall issue guidelines for the
selection of the non-government representatives (ie. small farmers, CSO, private
sector or agribusiness firms, and academe).

The Chairperson shall call the members of the NOAB, or a majority thereof if
not all have been designated, to a meeting to organize themselves and prescribe its
tules and procedure for the attainment of the Objectives of this Act. A majority of all

the members of the NOAB shall constitute a quorum.

Funds shall be provided to ensure the operationalization of the NOAB and

“execution of its duties and functions. The NOAB shall also determine its budget,

including, but not limited to, travel expenses, allowances and per diems of its non-
government members when attending official NOAB meetings or attending to
matters assigned to them subject to accounting and auditing rules and regulations.

SEC.9. Duties and Functions of the NOAB. - The NOAB shall have the
following duties and functions:

a. Provide general strategic direction for the Program;

5. Formulate and review existing policies and endorse appropriate revisions
thereof to further strengthen the organic agriculture sector;

¢. Oversee the development, implementation, review and Progress monitoring of
the Program, including its annual plans, to ensure consistency with defined

goals and objectives;

d. Provide recommendations and policy directives on organic agriculture
regulations towards implementation of an effective regulatory management

system;


10

1

15

16

17

20

21

22

23

24

e. Collaborate with appropriate government agency to carry out and implement

identified projects and activities;

f. Collaborate and work towards active Partnership with private sectors (e.g.
CSOs or agribusiness firms) and the academe towards building of
competency and development of technology transfer mechanism, and perform
Such functions as may be necessary for its effective Operations and for the
continued enhancement, growth and development of organic agriculture.

SEC. 10. The Bureau of Agriculture and Fisheries Product Standards
(BAFPS) of the DA and Its Powers, Duties, and Responsibilities. - The BAFPS
of the DA shall be strengthened and empowered in terms of establishing functional
divisions and incremental Staffing to serve as the national technical and
administrative secretariat of the NOAB with the member agencies providing
additional staff support as the need arises.

The BAFPS, in addition to its existing functions and responsibilities shall

Perform the following functions, duties and responsibilities for purposes of this Act:

a. Implement organic agriculture Programs and projects approved by the NOAB;

b. Update the NOAB on the status Of the programs, projects and activities
undertaken for the development and Promotion of organic agriculture;

c. Create effective networking with the various ‘stakeholders involved in organic
Production; and

d. Perform such other functions, duties and responsibilities as may be necessary
to implement this Act and as directed by the NOAB.

SEC. 11. The Bureau of Agriculture and Fisheries Standards (BAFS). —
The BAFS of the DA shall strengthen and empower the established functional


10

1

12

13

14

15

16

17

18

19

20

24

22

23

24

division for organic agriculture through incremental staffing to perform as the

National Technical and Administrative Secretariat of the NOAB, and a Regulatory

Agency for Organic Agriculture.

The BAFS, as the national technical and administrative secretariat of the

NOAB, shall have the following duties and functions:

a. Provide technical and administrative support to the NOAB and its Technical

Committees to ensure effective and efficient performance of its functions,

b. Coordinate and collaborate with the NOAP-NPCO and other relevant
government agencies in ensuring that approved NOAB policies, projects and
activities are implemented in accordance with results of relevant assessments

and reviews, and

¢. In collaboration with NOAP-NPCO, provide regular update to the NOAB on
the status of the Program implementation and other activities undertaken to

address policy needs.

Likewise, the BAFS shall perform the following duties and functions relative to

organic agriculture:

@. Designating authority for the recognition of organic certifying bodies (OCBs),
accredited organic certifying bodies and other organic guarantee system

providers;
b. Regulatory body for the registration and licensing of organic input operators;

©. Verification body for the purposes of registration and licensing of organic input

Operators;

d. Surveillance body for organic food and non-food products, and inputs in

collaboration with relevant regulatory agencies and/or DARFOs; and

14


10

nu

20

21

22

23

24

€. Networking arm tasked to create effective and ‘strengthened linkages with
domestic stakeholders towards increased adoption of organic standards, and
international collaborators to harmonize and update national standards and
relevant regulatory mechanisms with international best practices.

SEC. 12. National Program Coordinating Office (NOAP-NPCO). — To
manage the effective implementation of the Program, the DA-FOS shall be further
strengthened and empowered in terms Of establishing a functional division and
incremental staffing, to serve as the NPCO, and shall perform the following duties
and functions:

@. Develop roadmap and its corresponding annual work and financial plan in
coordination with the DA implementing agencies and DA-RFOs in consultation
with the concerned Stakeholders to implement projects and activities pursuant
to the NOAP and those identified by the NOAB;

b. Conduct systematic assessment to evaluate the performance of the Program;

c. Conduct periodic progress monitoring and impact evaluation to ensure that
interventions are responsive to the needs of the stakeholders;

d. Create effective networking with international donors and partners to
implement projects and activities;

e. Update the NOAB on the status of the Program, and relevant projects and
activities undertaken for the development and promotion of organic agriculture
including submission of policy recommendations;

f. Develop and manage effective strategies for technology transfer mechanism
in order to build competency, which may include activities related to advocacy

and promotion of relevant and appropriate organic agriculture technologies

15


18

19

20

21

22

24

and activities including nationwide conferences, in partnership with ATI and

relevant stakeholders, and

9. Perform such other functions, duties and responsibilities as may be necessary

to implement this Act and as directed by the NOAB.

In a likewise manner, a NOAP-Regional Program Coordinating Office (NOAP-
RPCO) with incremental staffing and with other Divisions providing additional staff as
the need arises, shall be established in the DA-RFOs to serve as regional program

coordinating office.

The DA, through the NOAP-NPCO and upon approval of the NOAB, shall
render an annual report to both Houses of Congress on the accomplishment of the
Program. A review on the viability of the Program shall be made by the concerned

agencies after three (3) years of its implementation.

SEC. 13. Organic Agriculture and the Protection of the Environment. —
The NOAB, in collaboration with relevant government agencies, shall constantly
devise and implement ways and means towards promoting conservation and
Protection of the environment through identification and protection of organic
‘agriculture overlay zones, utilization, management and conservation of soil and
water resources, biodiversity conservation and cumulatively addressing adverse

impacts of climate change.

The NOAB, in partnership with relevant government agencies, CSOs, private
sector and academe, shall explore a fange of options and measures, identify,
assess, prioritize and implement actions, including development of Policy measures,
demonstration and scaling up of activities, especially relevant to sustainable

environmental protection and climate change adaptation and mitigation interventions

16


st

2

3

4

5

6

7

8

9

10

n

22

13

14

16

17

18

20

21

22

23

to combat desertification and restore degraded land and soil, with a view of
improving resilient agricultural systems while harnessing co-benefits and ensuring

food security

SEC. 14. The Responsibilities of Local Government Units. — Every

“provincial governor shall establish and/or strengthen existing provincial technical

committee in coordination with and assistance from the DA-RFO to implement
activities in line with the NOAP. within each province.

Every municipal mayor shall likewise establish and/or strengthen existing
municipal technical committee in coordination with and assistance from the DA-RFO
to implement activities in line with the NOAP within each municipality.

The designated OA Focal Person for the Province and/or the City/Municipality

Shall serve as the technical and administrative secretariat of the LTC.
The LTC shall have the following duties and functions:

a. Develop a roadmap for the implementation of Projects and activities related to
organic agriculture in the locality based from the NOAP and those identified
by the NOAB;

b. Formulate ordinance and policies supportive of organic agriculture;

c. Translate the NOAP for local adaptation as a strategy in ensuring food
security, addressing adverse impacts of climate change towards enhancing
building of resilience of agricultural systems while contributing to eradication
of poverty and health and Wellness of consumers;

d. Appropriate at least 5% of the local development fund for organic agriculture

interventions;


10

xe

18

19

20

22

23

24

. Designate Focal Persons and Agricultural Extension Worker (AEW) specific

for organic agriculture;

f. Provide incentives to OA focal Persons, AEWSs, technicians, farmers, and

fisherfolks;

9. In collaboration with relevant government agencies (e.g. Department of
Environment and Natural Resources (DENR), Department of Interior and
Local Government (DILG), etc.) identify and include organic agriculture
overlay zones in the Comprehensive Development Plan (CDP),
Comprehensive Land Use Plan (CLUP) and Provincial Development and
Physical Framework Plan (PDPFP);

h. Collaborate and contribute to the regular monitoring activities and impact
evaluation conducted by the NOAP-NPCO to evaluate the implementation of
the NOAP;

i. To provide developmental support towards the establishment of other organic

guarantee system providers in the locality; and

j. Create effective networking with local and international donors and partners to

implement projects and activities.

SEC. 15. Organic Certification. — The integrity of organic food and non-food
Products shall be guaranteed by OCBs, recognized OCBs, and other organic
Suarantee system providers. The DA shall establish government OCBs compliant to

relevant international standards for conformity assessment.
SEC. 16. Recognition of Organic Certifying Bodies (OCBs) and Other
Organic Guarantee System Providers. — The BAFS shall provide recognition to

legal entities to provide guarantee on the integrity of the organic production system


12

13

14

15

21

22

23

24

25

Recognition shall be given to OCBs, accredited OCBs and other organic guarantee
system providers. The BAFS shall also be tasked to formulate the separate

regulations, guidelines and corresponding rules and procedures, based on national

‘and international standards and guidelines, in the recognition of OCBs and other

guarantee system providers.

‘As the agency mandated to handle the accreditation of certification bodies,
inspection bodies, and testing and calibration laboratories, the Philippine
Accreditation Bureau (PAB) of the DTI shall: (a) formulate accreditation policies and
guidelines which shall govern the accreditation of OCBs [to ISO 17065]; and (b)
grant or deny accreditation of OCBs:and suspend or withdraw such accreditation in

accordance with established policies and guidelines. [RA No. 10817]

SEC. 17. Registration and Licensing of Organic Food, Non-food, and

«Input Operators. — The DA shall be responsible for the registration and licensing

primary and post-harvest organic food, non-food, and input operators. Likewise, the
DOH-FDA shall be responsible for the registration and licensing processed and pre-
Packed organic food and non-food operators.

The BAFS, in collaboration with the relevant regulatory agencies of the DA,
and the Food and Drugs Administration (FDA) of the DOH, shall establish guidelines
and procedures for the registration and licensing of organic food and non-food

Operators including accreditation of Organic researchers.

All operators of organic inputs, except for seeds, plant propagation materials,

and stocks, shall be duly licensed and registered with BAFS in order to engage in the

business of exporting, importing, manufacturing, formulating, distributing, Supplying,
repacking, storing, commercially applying, selling, or marketing, of any organic

inputs. Likewise, all certified integrated organic farms shall be registered with BAFS.


1

10

Sem

12

13

14

16

17

19

20

22

23

24

f The BAFS, in collaboration with the relevant regulatory agencies, shall also
maintain and manage a database of registered and licensed organic food and non-
food operators. The database shall be established and shall be used to monitor the

registration and license status of these operators.

SEC. 18. Verification and Surveillance of Registered Organic Food, Non-
food and Input Operators. - The BAFS, in collaboration with the relevant regulatory
agencies, shall be responsible for the conduct of verification activities of registered
and licensed primary and post-harvest organic food, non-food, and input operators.
The DOH-FDA shall be responsible for the conduct of verification activities of
registered and licensed processed and Pre-packaged organic food operators.
iticeniee) BAFS shall conduct post-market surveillance of organic food, non-food and
input products in the market in collaboration with the DARFOs.

The BAFS, with the relevant regulatory agencies and DOH-FDA, shall
develop guidelines and procedures for the conduct of verification and surveillance
activities in consultation with relevant stakeholders, and establish a verification team

for the purpose thereof.

SEC. 19. Importing and Exporting Organic Products. — The BAFS, in
Coordination with the DOH-FDA and other relevant regulatory agencies, shall
develop guidelines for the regulation of imported organic food, non-food and input
‘products, and develop guidelines in collaboration with the DTI-PAB for the
recognition of international OCBs and their issued certificates thereof. In order to be
traded within the country, any imported organic food, nonfood and input products
must conform with these relevant regulations and guidelines. The DA shall be

responsible for the regulation of imported Primary and post-harvest food, nonfood


13

14

15

16

18

19

20

22

23

24

and input products. The DOH-FDA shall be responsible for the regulation of imported

processed and pre-packed organic food products.

Any imported products subjected to quarantine treatment not compatible with
this Act and relevant regulations shall not be allowed to be labeled nor sold as

organic products.

Organic food, non-food and input products intended for export market shall

conform with the importing country requirements.

SEC. 20. Labelling and Movement of Organic Products. — Products from
third-party certified and guaranteed organic production systems shall be allowed to
be labeled and sold as organic. Third-party certified products shall be allowed
movement in the domestic and international markets. Guaranteed products shall be
allowed movement within the approved geographical scope. The label of organic
Produce shall contain the name, logo or seal of designated OCB or other organic
guarantee system provider, and the respective Official Organic Mark.

First- and second-party certified products shall be Prohibited from being
labeled as organic.

SEC. 21. Enforcement, and Consumer Protection and Advocacy. — The
BAFS shall organize an inter-agency task force to be composed of relevant DA
regulatory agencies and formulate guidelines for the enforcement of Section 20
(Labelling and Movement of Organic Products). The inter-agency task force shall
collaborate and coordinate with the Fair Trade Enforcement Bureau (FTEB) of DTI.
Bureau of Local Government Supervision (BLGS) of DILG, and the DOH-FDA with

regard to the development and enforcement of organic labeling regulations relevant

to their mandates.

2a


1

12

13

14

19

20

2a

22

23

24

SEC. 22. Handling and Retailing of Organic Products. — Organic food,
non-food and input products shall be protected at all times from being mixed with
non-organic products and from coming into contact with materials and substances
unauthorized for use in organic production.

Organic food, non-food and input products retailed in the domestic market
shall comply with the provisions herewith as well as applicable PNS for organic

retailing and relevant guidelines.

The BAFS shall formulate rules and guidelines for certification of handlers and
retailers, including restaurateurs and prepared food suppliers, of organic food, non-
food and input products.

SEC. 23. Market Development and Trade Promotion. — The Agribusiness
and Marketing Assistance Service (AMAS) of the DA, in collaboration with DTI and
other relevant agencies, shall develop and implement market development and trade

“promotion programs for organic agriculture, including but not limited to the following
a. Develop marketing agenda for organic agriculture;
b. Establishment, Sustainability and monitoring of organic trading posts, and
stall/outlets;
c. Development of market information system;
d. Promotion of organic food, non-food and input products; and
e. Facilitation of market matching activities.

SEC. 24. Research, Development and Extension. - The Bureau of

Agricultural Research (BAR), as the lead agency, shall coordinate with the other

“agencies of the DA, the Department of Agrarian Reform (DAR), the Department of
Science and Technology (DOST), the Department of Education (DepED),

22


.
1

2

3

4

5

10

12

13

15

16

7

19

20

22

23

24

Commission on Higher Education (CHED), the Department of Interior and Local
«Government (DILG), the Department of Environment and Natural Resources
(DENR), the strategic agricultural-based state universities and colleges (SUCs),
including private organizations, to formulate and implement a unified and integrated
organic agriculture RD&E agenda plan for the national to the ground level. The

organic agriculture RD&E agenda plan shall include, but not limited to the following:

a. Research, development, and extension, and commercialization of relevant

and appropriate organic agriculture technologies; and
b. Conduct research to support market development and policy formulation.

The BAR shall, likewise, operationalize an organic agriculture RD&E network,
«composed of the DA agencies, DTI, DILG, research and educational institutions,
LGUs, CSOs and the recognized association of organic food, non-food, and input
Operators, agricultural engineers, Veterinarians, agriculturists, chemists, fish
technologists, soil technologists, food technologists, and organic farmers and
fisherfolks group and/or associations. The RD&E network shall assist in addressing
the needs and gaps of the industry with policy guidance of the NOAB.

National and regional organic RD&E centers shall be organized, established
and integrated as a major component of the existing RD&E centers of DA, the
DOST, the DENR, SUCs and the LGUs). These will be strengthened and enhanced
to spearhead the integrated program to develop and promote organic agriculture

‘throughout the country.

‘SEC. 25. Organic Agriculture in the Formal and Non-formal Education. —
The DA through ATI, DepED, DOST, CHED and Technical Education and Skills

Development Authority (TESDA), in coordination with other concerned government

oy


10

ee

12

14

1s

16

17

18

19

20

2.

2

23

24

agencies, CSOs and private institutions, shall strengthen the integration of organic

agriculture in School curricula at all levels, and other learning platforms.

SEC. 26. Incentives. - The government shall extend incentives for the
production and propagation of organic food, non-food and input products. Incentive
shall also be provided to farmers whose farms have been certified and/or guaranteed
as conformant to the PNS. Further, the DA may give cash reward and project grants
in recognition of the Outstanding organic farm/s in the country. The DA, the DAR, the
DOST, the DILG, the DTI, the DepED, the Department of Finance (DOF), the Land
Bank of the Philippines (LBP), and other government lending and non-lending
institutions, shall also assist organic operators and through the provision of adequate
assistance in the form of technical, financial, marketing and other services. These

include, but shall not be limited to, the following:

a. Exemption from the payment of duties on the importation of agricultural
equipment, machinery and implements as provided under Republic Act No.
9281, which amends Republic Act No. 8435 or the Agriculture and Fisheries

Modernization Act (AFMA),
b. Identification by LGUs of local taxes that may be offered as incentives to
organic production,

c. Provision of preferential rates and special window to organic operators by the
LBP, Agricultural Credit Policy Council (ACPC), Philippine Crop Insurance
Corporation (PCIC) and other government and non-government lending
institutions,

d. Provision of technical and financial support services relevant to access

organic certification and registration;

24


10

u

13

14

15

16

17

18

19

20

21

22

23

e. Zero-rated value-added tax (VAT) on transactions involving the sale/purchase

of organic food, non-food and input products, and

f. Income tax holiday and exemption for seven (7) years, starting from the date
of registration of organic operators on all income taxes levied by the National

Government.

The tax incentives shall be given to organic operators either certified or
guaranteed by recognized OCBs and other organic guarantee system providers,
respectively. The BAFS shall, likewise, provide the official list to the DOF. Provided
that the said incentives shall be available ‘only to micro, Small and medium
enterprises as defined under Section 3 of Republic Act No. 9501 or the Magna Carta

for Micro, Small and Medium Enterprises.

SEC. 27. Appropriations. - The DA shall allocate at least 10% of its annual
budget in the General Appropriations Act (GAA) for the implementation, monitoring
and evaluation of the NOAP and the operation ‘of the NOAB. In relation to this, the
NOAB member agencies, concerned DA agencies and other DA agencies and other
departments, Government-Owned and Controlled Corporations (GOCC),
Government Financial Institutions (GFis), and LGUs are encouraged to allocate a
separate and distinct fund from their annual budget for organic agriculture.

The DA through the NOAP-NPCO is hereby authorized to solicit and accept
assistance or facilities in the form of grants from international donors and partners to
implement projects and activities, and to utilize these funds and resources for
purposes of this Act, subject to the usual budget, accounting and auditing rules and

regulations.

25


10

uu

12

14

15

16

7

18

19

20

2

22

23

24

SEC. 28. Penal Provisions. - The DA in collaboration with the DILG, DTI,
DOH, and Department of Justice (DOJ) shall develop and implement guidelines,
ules and regulations for policing of organic food, non-food and input products. Any
person who willfully and deliberately violate any provision of Sections 17, 19 and 20,
shall upon conviction, be punished a fine of not less than fifty thousand pesos
(P50,000.00) but not more than one hundred thousand pesos (P100,000.00) and
suspension of appropriate authorization for one (1) month. If the offender is a
corporation or a juridical entity, the official who ordered or allowed the commission of
the offense shall be punished with the same penalty. If the offender is in the

government service, he shall in addition, be dismissed from the office.

The DA regulatory agencies shall ensure the inclusion of the penal provisions
in their respective regulations. The DA, through its regulatory agencies and in
collaboration with DILG, DTL, and DOH, shall organize an enforcement team
authorized to issue after proper notice and hearing which shall be summary in nature
except in instances when the continued operation a "Cease and Desist Order" to any
person, firm, or corporation engaged, in the business of production, processing,
packaging, storing, labeling or retailing of any mislabeled organic food, non-food and
input products found to be in violation of any of the provisions of this Act. Products
will be confiscated -and disposed of as provided in the Implementing Rules and
Regulations at the expense of the operator if the product is found to be in Violation

thereof.

SEC. 29. Implementing Rules and Regulations. - The NOAB shall adopt
rules and regulation to implement the provisions of this Act within ninety (90) days

from the effectivity of this Act and submit the same to the Committee on Agriculture

26


He

10

coe

2

16

7

18

19

20

and Food for review and approval. in the drafting of the implementing rules and

regulations.

SEC. 30. Congressional Oversight Committee. - The Committee on
Agriculture and Food shall be the congressional oversight committee for purposes of
this Act. The Committee shall review and approve the implementing rules and
regulations of this Act and also perform the following functions:

a. Monitor and ensure the proper implementation of this Act;

b. Review the proper implementation of the programs on organic agriculture and
the use of its funds;

c. Review the performance of the NOAB; and

d. Such other functions it deems necessary.

SEC. 31. Separability Clause. — \f any provisions of this Act is declared
invalid or unconstitutional, the other provisions not affected thereby shall remain in

full force and effect.

SEC. 32. Repealing Clause. — All laws, presidential decrees, executive
orders, presidential proclamations, rules and regulations or parts thereof contrary to
or inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 33. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in a newspaper of general circulation and in the Official Gazette,

whichever comes first.

Approved,

27