Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

66

HOUSE BILL No. __

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

AN ACT
RECOGNIZING THE PARTICIPATORY GUARANTEE SYSTEM (PGS) AS A
FORM FOR CERTIFICATION FOR LABELLING ORGANIC PRODUCTS
AMENDING FOR THE PURPOSE REPUBLIC ACT 10068, ALSO KNOWN AS
THE ORGANIC AGRICULTURE ACT OF 2010, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The enactment of R.A. 10068, also known as the Organic Agriculture Act of 2010, is
considered a boost to the local organic market. While it is still in its initial stages of
implementation, there is a need to fine-tune the Act in order to further promote organic
agriculture and truly empower our local farmers.

However, criticism towards the seemingly exclusive rights given to private certifying
bodies inhibits the growth of organic agriculture as it deters small farmers from going
organic. The high cost to get certified, in order to carry the “organic” label discriminates
against our small farmers and indigenous peoples who have long traditions of raising and
producing organic goods. Denying them to label what is essentially an organic product as
such is also detrimental to their livelihood.

Local government units (LGU) should be given a bigger role in the promotion of organic
agriculture. Increasing number of LGUs recognize the health, economic and

environmental value of organic farming, and have likewise issued ordinances in support


of organic agriculture. These local initiatives should be considered by national
government agencies before they allow crops or agricultural methods that may affect the
organic nature of farming in the localities where they intend to operate or test.

This bill recognizes the Participatory Guarantee System (PGS) in the certification and
labeling of organic products and encourages the appropriate agencies to develop and
strengthen such alternative certification mechanisms. It likewise ensures the protection of

indigenous organic resources against cross contamination of engineered crops.

For decades, the lack of sustainable alternatives and genuine support from the national
government have tured generations of Filipino farmers slaves to the land, instead of
stewards of it. This is due to the fact that landlords, big agro-corporations and
government policies have been used to tie farmers to usurious practices and products,
further pushing peasants to poverty. Sustainable agricultural methods, such as organic
farming, are a welcome alternative to the import-based and toxic farming methods which

are destroying our natural resources.

This bill was first filed by Bayan Muna Representative Teddy Casifio in 2012 during the
15" Congress.

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

Approved,

REP. CARLOS oS 35 T. ZARATE
Bayan Muna Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6566

HOUSE BILL No.

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

AN ACT
RECOGNIZING THE PARTICIPATORY GUARANTEE SYSTEM (PGS) AS A
FORM FOR CERTIFICATION FOR LABELLING ORGANIC PRODUCTS:
AMENDING FOR THE PURPOSE REPUBLIC ACT 10068, ALSO KNOWN AS
THE ORGANIC AGRICULTURE ACT OF 2010, AND FOR OTHER PURPOSES

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

assembled:

SECTION 1. Section 3 of the Organic Agriculture Act of 2010 (R.A. 10068), is hereby
amended to read as follows:

“(a) Organic refers to the particular farming and processing systems described in
the standards and not in the classical chemical sense. The term “organic” is
synonymous in other languages to “biological” or “ecological”. It is also a
labeling term that denotés products considered organic based on the Philippine
National Standards for organic agriculture

XXX

“(n) PARTICIPATORY GUARANTEE SYSTEMS (PGS) ARE LOCALLY
FOCUSED QUALITY ASSURANCE SYSTEMS FOR ORGANIC PRODUCTS.
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THEY CERTIFY PRODUCERS BASED ON ACTIVE PARTICIPATION OF
STAKEHOLDERS AND ARE BUILT ON A FOUNDATION OF TRUST,
SOCIAL NETWORKS AND KNOWLEDGE EXCHANGE.

SEC. 2. Section 15 on accreditation of organic certifying body in R.A. 10068 is hereby

amended as follows:

“The BAFPS is hereby designated and authorized to grant official accreditation to
organic certifying body or entity. The BAFPS is tasked to formulate the necessary
rules and procedures in the accreditation of organic certifying body: Provided,
That there shall be atleast one (1) accredited organic certifying body each in
Luzon, Visayas and Mindanao or in case of only (1) organic certifying body is
accredited, it shall have at least one (1) satellite office or processing unit each in
Luzon, Visayas and Mindanao.

“PROVIDED, FURTHER, THAT IN ACCREDITING A CERTFYING BODY
OR ENTITY, THE BAFPS SHALL RECOGNIZE PARTICIPATORY
GUARANTEE SYSTEMS AS VALID CERTIFICATION MECHANISMS AND
SHALL ESTABLISH PROGRAMS TO STRENGTHEN AND DEVELOP THE
SAME.”

SEC. 3. Section 16 of R.A. 10068 is hereby amended as follows:

(a) The name, address and emergency contact information of each organic food or
‘input establishment that the registrant owns or operates;

XXX
“(g) IN THE CASE OF DIRECT SELLING TO CONSUMERS, DONE BY
SMALL OR FAMILY FARMERS, PREVIOUSLY REGISTERED WITH
BAFPS OR LGU COUNTERPART, CERTIFICATION IS OPTIONAL.”

SEC. 4, Section 17 of R.A. 10068 is hereby amended as follows:

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“The label of organic produce shall contain the name, logo or seal of the organic
certifying body and the accreditation number issued by the BAFPS. [Only third
party certification is allowed to be labeled as organically produced.] THE
ORGANIC LABEL SHALL ALSO INCLUDE THE TRADE NAME AND THE
ORIGIN ADDRESS OF THE PRODUCE.”

XXX

SEC. 5. Sections 24 through 32 of R.A. 10068 are hereby amended as follows

“SECTION 24. PROTECTION OF INDIGENOUS ORGANIC RESOURCES
AGAINST CROSS-CONTAMINATION. THE INTEGRITY OF ORGANIC
CROPS AND LIVESTOCK SHALL BE STRICTLY ENSURED AND
MONITORED. RISK OF CROSS-CONTAMINATION FROM ENGINEERED
CROPS AND LIVESTOCK SHALL BE PREVENTED AT ALL TIMES.
BAFPS SHALL MONITOR ALL APPLICATIONS FOR FIELD-TESTINGS/
PRODUCTION OF ENGINEERED CROPS AND LIVESTOCK, AND SHALL
HAVE THE POWER TO DENY ANY APPLICATION IF IT FINDS
SUFFICIENT CAUSE.

“ALL FIELD TESTING, PLANTING OR RAISING OF GENETICALLY-
MODIFIED ORGANISMS SHOULD NOT BE ALLOWED IN THE VICINITY
WHERE ORGANIC FARMING IS BEING CONDUCTED. BAFPS, IN
COORDINATION WITH NOAB, SHALL IMPLEMENT AN ORGANIC ZONE
TO ESTABLISH THE RADIUS WHERE THE ORGANIC PRODUCE IS NOT
IN DIRECT OR IMMEDIATE CONTACT OR INFLUENCE OF
ENGINEERED ORGANISMS.

“IN THE EVENT OF CONTAMINATION BY GENETICALLY-MODIFIED
ORGANISM, PATENTED OR OTHERWISE, THE LGU, BAFPS AND/OR


ORGANIC INPUT PRODUCER MAY HOLD THE GMO PATENT OWNER
LIABLE FOR ECONOMIC AND ENVIRONMENTAL DAMAGES.

“SECTION 25. RECOGNITION OF LOCAL ORDINANCES AND OTHER
ISSUANCES. CONSISTENT WITH ITS MANDATE UNDER SECTION 16 -
GENERAL WELFARE OF R.A. 7160, LOCAL GOVERNMENT UNITS.
(LGUS) HAVE THE POWER TO ENACT ORDINANCES FOR THE
GENERAL HEALTH AND WELFARE OF ITS CONSTITUENCY.

“PURSUANT TO THIS, LOCAL ORDINANCES, POLICIES AND/OR
ISSUANCES ON AGRICULTURE, INCLUDING BUT NOT LIMITED TO
ORGANIC AGRICULTURE AND PROHIBITION OF GENETICALLY-
MODIFIED ORGANISMS, SHALL BE RECOGNIZED BY THE ALL
GOVERNMENT AGENCIES.

“LGUS, IN COORDINATION WITH BAFPS SHALL STRICTLY MONITOR
THE CONDUCT OF AGRICULTURE IN ORDER TO ENSURE THE
QUALITY AND INTEGRITY OF ORGANIC PRODUCE. TESTING OR
FIELD TRIALS OF ANY TYPE OF AGRICULTURAL PRODUCT OR
METHOD SHALL REQUIRE LGU CLEARANCE APART FROM THE
REQUIREMENTS SET BY THE GOVERNMENT AGENCY CONCERNED.

“SEC. [24] 26. Incentives. x x x

“SEC. [25] 26. Appropriations. x x x

“SEC. [26] 27. Penal Provision. Section 26. Penal Provision. - Any person who
willfully and deliberately:

“(a) obstructs the development of propagation of organic agriculture, or the
‘manufacture, production, sale or use of organic agricultural inputs;

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“(b) refuses without just cause to extend the support and assistance required under
this Act;

“(c) mislabels or claims that the product is organic when it is not in accordance
with the existing standards for Philippine organic agriculture or this Act [shall,
upon conviction, be punished by J; or

“(D) VIOLATES ANY OTHER PROVISION OF THIS ACT SHALL, UPON
CONVICTION, BE PUNISHED BY IMPRISONMENT OF NOT LESS THAN
ONE (1) MONTH NOR MORE THAN SIX (6) MONTHS, OR A FINE OF NOT
LESS THAN FIFTY THOUSAND PESOS (P30, 000.00), OR BOTH, AT THE
DISCRETION OF THE COURT. 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 OR SHE SHALL IN ADDITION, BE
DISMISSED FROM THE OFFICE.

“SEC. [27] 29. Implementing Rules and Regulations. x x x

“SEC. [28] 30. Annual Report. x x x

“SEC. [29] 31. Congressional Oversight Committee. x x x

“SEC. [30] 32. Separability Clause. x x x

“SEC. [31] 33, Repealing Clause.x x x

“SEC. [32] 34. Effectivity. x x x”


SEC. 6. Effectivity Clause. This Act shall take effect immediately after its complete
Publication either in the Official Gazette or in a newspaper of general circulation in the
Philippines.

Approved,