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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. J

Introduced by: REPRESENTATIVE CONRADO M. ESTRELLA II!

AN ACT AMENDING CERTAIN SECTIONS OF RA 10068 OR THE ORGANIC
AGRICULTURE ACT OF 2010

EXPLANATORY NOTE

nes is blessed and known to be a fertile agricultural ground more especially because of the
ideal interplay of sunlight, rainfall and temperature that often defines a successful agricultural yield.

The country, however, is not exempted from the rapid changes brought about by modernization which
is gradually overarching to almost all its entirety including our prized field of Agriculture. These
changes have introduced new developments in almost all the facets of farming — principles, methods
and equipment — to the point that the upshots are too overwhelming and disadvantageous and, thus,
creating long-term negative impacts on the environment and to the country’s food security.

This piece of legislation, therefore, aims to realign back our existing Organic Agriculture Act with its
primordial purpose of promoting the country’s food security and sufficiency through Organic
Agriculture/Farming while promoting the restoration and preservation of our environment.

impressively, Organic Farming, in contrast to its modern match, is a three-pronged mechanism. First,
it can largely bring about environmental restoration by eliminating hazards from and issues caused by
the use of chemicals and pesticides and, at the same time, environmental refurbishment by building
healthy soils. Secondly, Organic Farming can help the State address the constitutional mandate
requiring it to ensure the availability of adequate, safe and nutritious food for the people through the
use of natural and farm-based resources. And lastly, Organic Farming is a low-cost but efficient
alternative way of farming. Thus, this shall provide a feasible solution to problems besetting our
smallholder farmers such as their lack of financial and technical capacities and the insufficiency of
supply of organic inputs or fertilizers. Therefore, should organic farming be put into place, through
this legislation, it is so likely that smallholder farmers and related private sectors shall be more
encouraged to participate in bringing Philippine Farming at its best.

This legislation, therefore, strongly seeks to promote, propagate and develop further ORGANIC
FARMING and other sustainable agricultural practices that may thrive in this very challenging time of
modernization and technology. '

Vi
is urgently requested. h
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CONRADO M. ESTRELLA III

Thus, the approval of this bil


WCONAKEYNHE

House of Representatives
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 869

Introduced by HON. CONRADO M. ESTRELLA III

AN ACT AMENDING CERTAIN SECTIONS OF RA 10068 OR THE ORGANIC AGRICULTURE
ACT OF 2010.

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

Section 1.Section 2 on Declaration of Policy is hereby amended to read as follows:

Itis hereby declared the policy of the State to promote, propagate, develop further and
implement the practice of ORGANIC FARMING AND OTHER SUSTAINABLE
AGRICULTURE PRACTICES in the Philippines that will cumulatively condition and
enrich the fertility of the soil, increase farm productivity AND FARMERS’ INCOMES,
reduce pollution and destruction of the environment, prevent the depletion of natural
Tesources, further protect the health of farmers, consumers, and the general public,
(AND) save on imported farm inputs AND PROMOTE FOOD SELF SUFFICIENCY.
Towards this end, a comprehensive program for the promotion of community-based
‘organic agriculture systems, which include, among others, farmer-produced purely
organic fertilizers such as compost, (pesticides) BIO-PESTICIDES and other farm
inputs, together with a nationwide educational and promotional campaign for their use
and processing.

LIKEWISE, A NATIONWIDE EDUCATIONAL AND AWARENESS CAMPAIGN AMONG
CONSUMERS ON THE BENEFITS OF CONSUMING ORGANIC PRODUCTS TO
BOOST LOCAL PRODUCTION OF ORGANIC FOOD AND NON-FOOD PRODUCTS,
as well as adoption of organic agriculture system as a viable altemative shall be
undertaken.

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

Section 2. Section 3 on Definition of Terms is hereby amended to read as follows:

XXX
(0) PARTICIPATORY GUARANTEE SYSTEMS (PGS) ARE LOCALLY FOCUSED
QUALITY ASSURANCE SYSTEMS THAT ARE ACTUALLY PRACTICING ORGANIC

AGRICULTURE, THEY CERTIFY PRODUCERS BASED ON ACTIVE PARTICIPATION
OF PRODUCERS AND FARMERS ACTUALLY PRACTICING _ORGANIC
AGRICULTURE, AND ARE BUILT ON A FOUNDATION OF TRUST, SOCIAL



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NETWORKS AND KNOWLEDGE EXCHANGE.

(P) SMALL FARMERS ARE DEFINED AS THOSE CULTIVATING NOT MORE THAN
FIVE (5) HECTARES OF LAND AND/OR ARE ENGAGED _AS SMALL
POULTRY/LIVESTOCK RAISERS DEFINED AS THOSE RAISING NOT MORE THAN
THE FOLLOWING:

POULTRY - 1 POULTRY LAYERS ROILER:

° SWINE - 10 SOW LEVEL OR 20 FATTENERS
° SATTLE - 10 FATTENERS OR 5 BREEDERS
D DAIRY — 10 MILKING COWS
2 GOAT - 50 HEADS

(Q) AGRIBUSINESS REFERS TO AGRICULTURE-RELATED ACTIVITIES THAT PUT
FARMERS, PROCESSORS, DISTRIBUTORS AND CONSUMERS WITHIN A SYSTEM
THAT PRODUCES, PROCESSES, TRANSPORTS, MARKETS AND DISTRIBUTES
AGRICULTURAL PRODUCTS.

Section 3.Section 4 on Coverage is hereby amended to read as follows:

Coverage. - The provisions of this Act shall apply to the development and promotion of
organic agriculture and shall include, but not limited to, the following:

2x
(c) Promotion and encouragement of the establishment of facilities, equipment and
processing plants that would accelerate the production and commercialization of organic
fertilizers, (pesticides) BIO-PESTICIDES, (herbicides) BIO-HERBICIDES(and—other
jes) and other appropriate

farm inputs; and

(¢) Implementation of organic agricultural programs, projects and activites, including the
provision and delivery of support services with focus on the farmers, PRIORITIZING
SMALL FARMERS AND THEIR ORGANIZATIONSand other stakeholders.

Section 4. Section 7 on the Composition of the NOAB is hereby amended to read as follows:

The NOAB shall consist of:
(a) The Secretary of Agriculture, or his duly authorized permanent representative, with
a rank of Undersecretary, as Chairperson;
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() A representative each from the NGOs involved in sustainable agriculture for at
least three (3) years; agricultural colleges and universities; and private sector or
agribusiness firmsINVOLVED OR PRACTICING IN ORGANIC AGRICULTURE
FOR THE LAST THREE YEARS; as members.

(K) TWO REPRESENTATIVES OF THE NATIONAL PGS FORMED TO BE
CHOSEN AMONGST THEMSELVES.

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The representatives of small farmers and NGOs and of agricultural colleges and
universities shall be chosen by the Secretaries of Agriculture and Science and
Technology, respectively, from among nominees submitted by their respective national
organizations. These representatives must REPRESENT FARMERS’
ORGANIZATIONS NATIONWIDE, ACTUALLY AND ACTIVELY PRACTICING,
PROMOTING ORGANIC AND OTHER SUSTAINABLE AGRICULTURE PRACTICES,
conversant in organic agriculture and committed to the policies and programs provided
under this Act. THE THREE SEATS GIVEN TO SMALL FARMERS SHALL BE CHOSEN
FROM THE LIVESTOCK AND CROP SECTORS, WHICH WILL HAVE ONE (1) AND
TWO (2) SEATS RESPECTIVELY.

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Section 5. Section 8 on Organization of the NOAB is hereby amended to read as follows:
Xxx

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 rules and procedure for
the attainment of this Act. A majofty of al the members of the NOAB shall constitute a quorum.
THE MEMBERS OF THE NOAB SHALL MEET AT LEAST ONCE EVERY QUARTER AFTER
ITS ORGANIZATION,

Section 6. Section 10 on Bureau of Agriculture and Fisheries Product Standards (BAFPS) of the
DA is hereby amended to read as follows:

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. FP TI \S THE SECRETARIAT OF TI a
i TIONAL I ai PR SAT!

BY THE NOAB. IT WILL BE THE PRIMARY ADMINISTRATOR OF THE PROGRAM AND
RESPONSIBLE TO MAINTAIN A DATABASE AND SHOWROOM OF ALL AVAILABLE
ORGANIC PRODUCTS AND TECHNOLOGIES IN THE MARKET, WHICH CAN BE ACCESSED

READILY BY THE PUBLIC.

Section 7. A new provision on Participatory Guarantee Systems is hereby inserted after Section
10, The Bureau of Agriculture and Fisheries Product Standards (BAFPS) of the DA:

SECTION 11. A. PARTICIPATORY GUARANTEE SYSTEMS. PARTICIPATORY
ORGANIC CERTIFICATIONS FROM ASSOCIATIONS OR GROUPS, WHO ARE
ACTUALLY PRACTICING ORGANIC AGRICULTURE, ORGANIZED FOR THIS
PURPOSE WILL BE PROMOTED AND ACCEPTED. PRODUCTS CERTIFIED BY
THESE GROUPS CAN ONLY BE TRADED IN THE DOMESTIC MARKET.

AN ASSOCIATION OR GROUP UNDER THE PGS MUST ADHERE TO PHILIPPINE
NATIONAL STANDARD FOR ORGANIC AGRICULTURE AND THE FOLLOWING
BASIC ELEMENTS AS DESCRIBED BY THE INTERNATIONAL FEDERATION OF
ORGANIC AGRICULTURAL MOVEMENT (IFOAM):

4. SHARED VISION
2. PARTICIPATORY
3. TRANSPARENCY


4. TRUST - INTEGRITY BASED APPROACH
5. LEARNING PROCESS
6. HORIZONTALITY

LIKEWISE, ASSOCIATIONS OR GROUPS UNDER THE PGS MUST ADOPT THE

FOLLOWING FEATURES:

ili,

vi

vil.

vill

ix.

NORMS CONCEIVED BY THE STAKEHOLDERS THROUGH A
DEMOCRATIC AND PARTICIPATORY PROCESS, BUT ALWAYS IN
ACCORDANCE WITH THE COMMONLY UNDERSTOOD SENSE OF
WHAT CONSTITUTES AN ORGANIC PRODUCT. THE NORMS SHOULD
STIMULATE CREATIVITY, WHICH IS A CHARACTERISTIC OF
ORGANIC FARMERS, INSTEAD OF INHIBIT IT,

GRASSROOTS. ORGANIZATION: THE. PARTICIPATORY
CERTIFICATION SHOULD BE PERCEIVED AS A RESULT OF A SOCIAL
DYNAMIC, BASED ON AN ACTIVE ORGANIZATION OF ALL
‘STAKEHOLDERS,

IS APPROPRIATE TO SMALLHOLDER AGRICULTURE, BECAUSE THE
PARTICIPATORY NATURE AND HORIZONTAL STRUCTURE OF THE
PROGRAMS ALLOWS FOR MORE APPROPRIATE AND LESS COSTLY
MECHANISMS OF CERTIFICATION, AND ACTUALLY HIGHLIGHTS AND
CELEBRATES AND ENCOURAGES CONSUMERS TO SEEK OUT
SMALLHOLDERS.

PRINCIPLES AND VALUES THAT ENHANCE THE LIVELIHOODS AND
WELL BEING OF FARMING FAMILIES AND PROMOTE ORGANI

AGRICULTURE,

DOCUMENTED MANAGEMENT SYSTEMS AND PROCEDURES —
THERE MAY BE MINIMAL PAPERWORK REQUIRED OF FARMERS BUT.
THERE WILL _BE WAYS IN WHICH THEY ARE EXPECTED TO
DEMONSTRATE THEIR ORGANIC COMMITMENT AND_INTEGRITY,
THESE WAYS SHOULD BE DOCUMENTED BY THE PGS.

PROVIDE MECHANISMS TO VERIFY FARMER'S COMPLIANCE TO THE
ESTABLISHED NORMS, WHICH IS ABLE TO STIMULATE
PARTICIPATION, ORGANIZATION, AND WHICH ALLOW A LEARNING.
PROCESS FOR ALL THE STAKEHOLDERS.

PROVIDE MECHANISMS FOR SUPPORTING FARMERS TO PRODUCE
ORGANIC PRODUCTS AND BE CERTIFIED AS ORGANIC FARMER’

TO INCLUDE FIELD ADVISORS, NEWSLETTERS, FARM VISITS, WEB
SITES ETC.

SHOULD HAVE A BOTTOM-LINE DOCUMENT, FOR EXAMPLE A
FARMER'S PLEDGE STATING HIS/HER AGREEMENT WITH THE
ESTABLISHED NORMS.

INTRODUCE SEALS OR LABELS PROVIDING EVIDENCE OF ORGANIC
STATUS.

DEFINE A CLEAR AND PREVIOUSLY DEFINED CONSEQUENCES FOR
FARMERS NOT COMPLYING WITH STANDARDS, __ ACTIONS
RECORDED IN A DATA BASE OR MADE PUBLIC IN SOME WAY.

B. REGISTRATION. A PGS SHALL BE REGISTERED BEFORE THE BAFPS ONLY IF



IT_HAS AT LEAST 5 MEMBERS COMING FROM DIFFERENT FARMS IN THE
LOCALITY WHO ARE ACTUALLY PRACTICING ORGANIC AGRICULTURE.

ITS REGISTRATION SHALL BE RENEWED EVERY THREE YEARS. BAFPS SHALL
APPROVE OR DENY THE REGISTRATION CERTIFICATE WITHIN 15 DAYS OF ANY
APPLICATION SUBMITTED BY ANY PGS. THE BAFPS SHALL NOT CHARGE ANY
REGISTRATION OR APPLICATION FEES.

APGS MAY BEGIN TO OPERATE ONCE IT IS RECOGNIZED BY THE SANGGUNIAN
PANGBAYAN OR PANGLUNGSOD,

C. ORGANIZATIONAL LEVELS.

4 CORE GROUP. EVERY PGS SHOULD AT LEAST HAVE 4 FARMERS FROM A
COMBINATION OF EITHER CROPS AND/OR LIVESTOCK SECTORS OR BOTH
THAT LIVE IN THE SAME MUNICIPALITY OR CITY THAT REGULARLY INTERACT
WITH EACH OTHER, 1 MEMBER OF THE ACADEME OR FROM THE DEPARTMENT
(OF EDUCATION (GRADESCHOOL OR HIGHSCHOOL PROFESSOR TEACHING
TECHNOLOGY AND LIVELIHOOD EDUCATION) AND THE LGU AGRICULTURIST/
VETERINARIAN AS AN INDEPENDENT MEMBER, THE LGU AGRICULTURIST /
VETERINARIAN IS INSTALLED AS A MEMBER TO MAKE SURE EVERY PGS IS
PRACTICING THE PROPER ORGANIC STANDARDS, EACH CORE GROUP WILL
HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:

DEVELOP AN UNDERSTANDING OF THE ORGANIC STANDARDS;
MAKE SURE FARM PRACTICES ARE COMPLIANT;

MAKE A PLEDGE THAT THEY UNDERSTAND AND ADHERE TO

THE ORGANIC STANDARDS,

iv, PARTICIPATE _IN__APPRAISALS/INSPECTIONS _OF__MEMBER
FARMS. AT LEAST A MAJORITY OF THE MEMBERS OF THE CORE
GROUP SHOULD BE PRESENT TO SIGN OFF ON EACH
APPRAISAL;

V. INITIATE KEY FIELD TRAININGS TO MEMBER FARMERS AND
RESIDENTS IN THEIR LOCALITY TO PROMOTE ORGANIC
AGRICULTURE;

vi. ATTEND PROVINCIAL PGS MEETINGS, SHARE INFORMATION
AND IMPROVE THE CAPACITY OF THE GROUP OF THE WHOLE:

vii RECOMMEND WHICH FARMS WILL BE CERTIFIED;

vill TAKE ACTIONS ON DEFAULTS/NON-COMPLIANCE AS PER
SANCTION GUIDELINES TO BE PROVIDED BY THE BAFPS AND
PROVINCIAL PGS; AND

ix. ASSIST _DEFAULTING AND _NON-COMPLIANT MEMBERS TO

REGAIN CERTIFICATION STATUS.

2_PROVINCIAL PGS. THIS CAN BE FORMED BY THE PROVINCIAL LOCAL
GOVERNMENT OR BY THE DIFFERENT CORE GROUPS THAT WILL RECOGNIZE,
PROMOTE ORGANIC AGRICULTURE AND IMPLEMENT TRAINING PROGRAMS TO.
(TS MEMBERS.

3. NATIONAL PGS. A NATIONAL PGS SHOULD BE COMPOSED OF AN UNLIMITED



NUMBER _OF PROVINCIAL _PGS, NGOS, CONSUMER GROUPS, AND _A
REPRESENTATIVE FROM THE DEPARTMENT OF AGRICULTURE, WHICH WILL
COORDINATE NATIONAL TRAINING PROGRAMS / WORKSHOPS; ACCREDIT
PROVINCIAL PGS: MAINTAIN DATABASE OF ORGANIC PRACTITIONERS AND
FARMS: AND COORDINATE NATIONAL LEVEL EDUCATION, OUTREACH AND
MARKETING ABOUT ORGANIC AGRICULTURE.

D. PROMOTION. THE BAFPS SHALL ACTIVELY PROMOTE AND _FIND
ASSOCIATIONS OR GROUPS WHO PRACTICE ORGANIC AGRICULTURE TO BE
REGISTERED AS PGS AS DEFINED IN THIS LAW. THE BAFPS SHALL MAKE SURE.
THAT EACH PROVINCE IN THE COUNTRY HAS A PGS. EVERY PGS SHALL TRAIN
AND PROMOTE ORGANIC AGRICULTURE IN THEIR SPECIFIC LOCALITIES TO
STRENGTHEN AND BOOST THE NUMBER OF ORGANIC FARMS BY AT LEAST 1%
ANNUALLY PER PROVINCE MEASURED BY AREA CULTIVATED.

E. TRAINING AND INSPECTION. THE BAFPS IS MANDATED TO TRAIN AND
CONDUCT RANDOM _INSPECTIONSTO MAKE SURE ALL PGS’ FORMED ARE
COMPLIANT WITH THE PHILIPPINE NATIONAL STANDARDS ON ORGANIC
AGRICULTURE. BAFPS SHALL KEEP A RECORD OF COMPLIANT PGS’ IN THE
COUNTRY AND SHALL PUBLISH SUCH LIST AT LEAST ONCE A YEAR.

E. INCENTIVES. ANY ORGANIC AGRICULTURE ENTITY / FARMER AND ORGANIC
INPUT PRODUCERCERTIFIED TO BE COMPLIANT FORA PERIOD OF 5 YEARS BY
A_REGISTERED PGS WITHOUT ANY OFFENSE OR INFRACTION SHALL BE
ELIGIBLE FOR A FULL GOVERNMENT SUBSIDY OF THE COST FOR AN
INTERNATIONAL CERTIFICATION ACCREDITATION PER SCOPE.

G_PENALTIES. ANY PGS FOUNDTO HAVE ISSUED A CERTIFICATION TO A FARM
OR PRODUCER FOUND TO BE NOT IN COMPLIANT WITH ANY OF THE PHILIPPINE

NATIONAL STANDARDS ON ORGANIC AGRICULTURE SHALL BE PENALIZED AS

FOLLOWS:

1, FIRST OFFENSE. WRITTEN WARNING.
2. SECOND OFFENSE.SUSPENSION OF ACCREDITATION.

SECTION (44} 12. Functions, Duties and Responsibilities of the BAFPS. xxx
SECTION (42) 13. Work Plan. xxx

SECTION (43} 14. Organic Agriculture and Protection of the Environment. xxx
‘SECTION {44} 15. Local Executive Committees. xxx

SECTION {46} 16. Accreditation of Organic Certifying Body. xxx

Section 8.Section 16 on the Registration of Organic Food and Organic Input Producersis hereby
amended to read as follows.

Section (46} 17. All organic food and input establishments must register with the director,
BAFPS, registration under this section shall begin within ninety (90) days of the
enactment of this Act. Each such registration shall be submitted to director through an
electronic portal and shall contain such information as the director by guidance may
determine to be appropriate. Such registration shall contain the following information:

(a) The name, address and emergency contact information of each organic food or


input establishment that the registrant owns or operates;
Xx

(a) IN CASE OF DIRECT SELLING TO CONSUMERS, DONE BY SMALL OR FAMILY

FARMERS, PREVIOUSLY REGISTERED WITH BAFPS OR LGU COUNTERPART,
CERTIFICATION IS OPTIONAL.

Section 9. Section 17on the Labeling of Organic Produce is hereby amended to read as follows:

Section (47) 18. Labeling of Organic Produce. - 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-tied edto-be a

organically produced.) THE ORGANIC LABEL SHALL ALSO INCLUDE THE TRADE
NAME AND ORIGIN ADDRESS OF THE PRODUCE.

PRODUCTS FROM THIRD-PARTY CERTIFIED AND GUARANTEED ORGANIC
PRODUCTION SYSTEMS, INCLUDING PGS SHALL BE ALLOWED TO BE LABELLED

AND SOLD AS ORGANIC.

ALL_OTHER PRODUCTS, NON-CERTIFIED PRODUCTS AND_FIRST-PARTY
CERTIFIED PRODUCTS, SHALL BE PROHIBITED FROM BEING LABELLED AS
ORGANIC.

Section 10. Section 19 on Availability of Trading Post for Organic Inputs is hereby amended to
ead as follows:

Section (49) 20. Availability of Trading Post for Organic Inputs. - Local chief executives
shall establish, as far as practicable, at least one (1) trading post for organic inputs for
every LGU in the area of jurisdiction. THE AREA SHOULD BE IN AN AREA

STRATEGICALLY LOCATED LE., AT THE PUBLIC MARKET AREA, CENTERS OF

TRADING AND LOCAL BUSINESS ACTIVITIES.

SECTION (20) 21. Research, Development and Extension, xxx
SECTION (24) 22. Creation of Organic Agriculture RDE Network. xxx
SECTION (22) 23. RDE Centers, xxx

SECTION (23} 24. Organic Agriculture in the Formal and Non-formal Sectors xxx
SECTION (24) 25. Incentives. xx

SECTION (26} 26. Appropriations. xxx

SECTION (26) 27. Penal Provisions. xx

SECTION (22) 28. Implementing Rules and Regulations, xex

SECTION (28) 29. Annual Report. xxx

SECTION (29) 30. Congressional Oversight Committee. xxx

SECTION 20} 31. Separabiity Clause. xxx

SECTION (34} 32. Repealing Clause. xxx

SECTION (32) 33. Effectivty, Xxx

Section 11. Separabilty Clause. If any provisions of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Section 12. Repealing Clause. - All laws, presidential decrees, executive orders, presidential


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proclamations, rules and regulations or parts thereof contrary to or inconsistent with this Act are
hereby repealed or modified accordingly.

Section 13. Effectivity. - This Act shall take effect fifteen (15) days following its publication in at
least two (2) newspapers of general circulation or in the Official Gazette, whichever comes first.

Approved.