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| Organic farming in the Philippines |
Republic of the
Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
CONGRESS OF THE PHILIPPINES
Metro Manila
Fourteenth
Congress
Third Regular Session
Third Regular Session
Begun and held
in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.
REPUBLIC ACT NO. 10068
AN ACT PROVIDING
FOR THE DEVELOPMENT AND PROMOTION OF ORGANIC AGRICULTURE IN THE PHILIPPINES AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:
Section 1 Title. - This Act shall be known
as the "Organic Agriculture Act of 2010".
Section 2 Declaration of Policy. - It is
hereby declared the policy of the State to promote, propagate, develop further
and implement the practice of organic agriculture in the Philippines that will
cumulatively condition and enrich the fertility of the soil, increase farm
productivity, reduce pollution and destruction of the environment, prevent the
depletion of natural resources, further protect the health of farmers,
consumers, and the general public, and save on imported farm inputs. 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 and other farm inputs, 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 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 3 Definition of Terms. - For
purposes of this Act, the following terms shall be defined as follows:
(a) Organic refers to the
particular farming and processing system, 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 denotes products considered organic based on the
Philippine National Standards for organic agriculture.
(b) Organic agriculture
includes all agricultural systems that promote the ecologically sound, socially
acceptable, economically viable and technically feasible production of food and
fibers. Organic agricultural dramatically reduces external inputs by refraining
from the use of chemical fertilizers, pesticides and pharmaceuticals. It also
covers areas such as, but not limited to, soil fertility management, varietal
breeding and selection under chemical and pesticide-free conditions, the use of
biotechnology and other cultural practices that are consistent with the
principles and policies of this Act, and enhance productivity without
destroying the soil and harming farmers, consumers and the environment as
defined by the International Federation of Organic Agricultural Movement
(IFOAM): Provided, That the biotechnology herein to shall not
include genetically modified organisms of GMOs.
(c) Organic production
system is a system designed to:
(1) enhance biological
diversity within the whole system;
(2) increase soil
biological activity;
(3) maintain long-term soil
fertility;
(4) recycle wastes of plant
and animal origin in order to return nutrients to the land, thus minimizing the
use of nonrenewable resources;
(5) rely on renewable resources
in locally organized agricultural system;
(6) promote the healthy use
of soil, water and air as well as minimize all forms of pollution thereto that
may result from agricultural practices;
(7) develop and promote the
use of biotechnology in agriculture;
(8) handle agricultural
products with emphasis on careful processing methods in order to maintain the
organic integrity and vital qualities of the product at all stages; and
(9) become established on
any existing farm through a period of convention, the appropriate length of
which is determined by site-specific factors such as the history of the land,
and type of crops and livestock to be produced.
(d)Conversion period refers
to the time between the start of the organic management and the certification
of crops, animal husbandry or a aquaculture products as organic.
(e) Biodegradable wastes
refer to organic matter for compost/ organic fertilizer for the organic
cultivation, farming of food crops and includes discards segregated farm
non-biodegradable wastes coming from the kitchen/household (leftovers,
vegetables and fruit peelings and trims, fish/fowl cleanings, seeds, bones,
soft paper used as food wrap and the like), yard or garden (leaves, grasses,
weeds and twigs), market (wilted, decayed or rotten vegetables and fruits,
fish/fowl cleanings, bones) and farm wastes (grass clippings, dead or decayed
plants, leaves, fruits, vegetables, branches, twigs and the like).
(f) Ecologically-sound
refers to a state, quality or condition of a product, practice, system,
development mode, culture, environment and the like, in accord with the 1987
Philippine Constitution, and as expounded in the above definition of organic
agriculture.
(g) Commercialization is
process of including 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.
(h) Certification is the
procedure by which official certification bodies or officially recognized
certification bodies provide written or equivalent assurance that foods or food
control systems conform to requirements.
(i) Accreditation is the
procedure by which a government agency having jurisdiction formally recognizes
the competence of an inspection and/or certification body to provide inspection
and certification services.
(j) First party
certification is defined as when the certification criteria and rules are set
and monitor/enforced by the producer or company itself.
(k) Second party
certification is defined as when the certification criteria and rules are set
by buyers or industry organizations.
(l) Third party
certification or independent certification is defined as when the firm requires
that its supplies meet a certain standard and requests an independent
organization that is not involved in the business relationship to control the
compliance of the suppliers.
(m) Organic food
establishment refers to an entity, whether local or foreign, that produces
inputs acceptable for organic agriculture.
Section 4 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:
(a) Policy formulation on
regulation, registration, accreditation, certification and labeling on organic
agriculture;
(b) Research, development
and extension of appropriate, sustainable environment and gender-friendly
organic agriculture;
(c) Promotion and
encouragement of the establishment of facilities, equipment and processing
plants that would accelerate the production and commercialization of organic
fertilizers, pesticides, herbicides and other commercialization of organic
fertilizers, pesticides, herbicides and other appropriate farm inputs; and
(d) Implementation of
organic agricultural programs, projects and activities, including the provision
and delivery of support services with focus on the farmers and other
stakeholders.
Section 5 National Organic Agricultural Program. -
There is hereby established a comprehensive organic agricultural program
through the promotion and commercialization of organic farming practices,
cultivation and adoption of production and processing methods which have already
been developed, or to be developed, continuing research and upgrading thereof,
the capacity building of farmers and the education of consumers thereon, the
extension of assistance to local government units (LGU's), peoples'
organizations (POs), non-government organizations (NGOs) and other stakeholders
including individuals and groups who are practicing and promoting these methods
as well as those who are willing to do other pertinent activities, and
documentation and evaluation of the program.
Section 6 National Organic Agricultural Board
(NOAB). - To carry out the policy and the program provided in this
Act, there is hereby created a NOAB which shall be the policy-making body and
shall provide direction and general guidelines for the implementation of the
National Organic Agricultural Program. The NOAB shall be attached to the
Department of Agriculture (DA).
The NOAB shall ensure the full participation of
POs, NGOs and the general public through coordination and consultative
mechanisms such as, but not limited to, public hearings, meetings and joint
projects.
Section 7 Composition of the NOAB. - The
NOAB shall consist of:
(a) The Secretary of
Agriculture, or his duly authorized permanent representative, with a rank of
Undersecretary, as Chairperson;
(b) The Secretary of the
Interior and Local Government, or his duly authorized permanent representative,
as Vice Chair;
(c) The Secretary of
Science and Technology, or his duly authorized permanent representative;
(d) The Secretary of
Environment and Natural Resources, or his duly authorized permanent
representative;
(e) The Secretary of
Education, or his duly authorized permanent representative;
(f) The Secretary of
Agrarian Reform, or his duly authorized permanent representative;
(g) The Secretary of Trade
and Industry, or his duly authorized permanent representative;
(h) The Secretary of
Health, or his duly authorized permanent representative;
(i) Thee (3)
representatives from the small farmers; and
(j) 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
firms; as members.
The designated aforementioned representatives of
the various departments shall be occupying positions not lower than a bureau
director level and shall be on a conterminous basis.
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 be conversant in organic agriculture and committed to the policies and
programs provided under this Act.
The existing National Organic Agriculture Board
created pursuant to Executive Order No. 481 shall continue to function until
the new NOAB created herein has been constituted pursuant to Section 8 hereof.
Section 8. Organization of the NOAB. -
Within sixty (60) working days from the effectivity of this Act, the national
organizations of small farmers, of NGOs and of agricultural colleges and
universities shall submit their respective nominees to the Secretary of
Agriculture and the Secretary of Science and Technology, as the case may be,
who shall evaluate the qualifications of the nominees and appoint the most
members to the NOAB.
The Chairperson shall call the members of the NOAB,
or a majority tereof if not all have been designated, to a meeting to organize
themselves and prescribe its rules and procedure for the attainment of the
objectives of this Act. A majority of all the members of the NOAB shall
constitute a quorum.
The NOAB shall also determine its budget, including
travel expenses, allowances and per diems of its nongovernment members when
attending official NOAB meetings or attending to maters assigned to them
subject to accounting and auditing rules and regulations.
Section 9 Powers and Functions of NOAB. -
The NOAB shall have the following powers and functions:
(a) Formulate policies,
plans, programs and projects to develop and promote organic agriculture,
production, processing and trade;
(b) Oversee the successful
implementation of the National Organic Agricultural Program;
(c) Identify sources of
financing to expand organic agriculture;
(d) Monitor and evaluate
the performance of programs for appropriate incentives;
(e) Undertake measures for
the international recognition of local certification of organic products;
(f) Call upon any
government agency to carry out and implement programs and projects identified
by the NOAB;
(g) Call upon private
sectors, POs and NGOs and the academe to provide advice on matters pertaining
to organic agriculture and conduct of capability-building initiatives to farmers,
producers, extension workers, consumers and other stakeholders in agriculture
sector in coordination with the Agricultural Training Institute;
(h) Submit annual and other
periodic reports to the President, Secretary of the DA and Congress of the
Philippines through the Congressional Oversight Committee on Agricultural and
Fisheries Modernization (COCAFM);
(i) Promulgated such rules
and regulations and exercise such other powers and functions as may be
necessary to carry out effectively the purposes and objectives of this Act; and
(j) Perform such functions
as may be necessary for its effective operations and for the continued
enhancement, growth or development of organic agriculture.
Section 10 The Bureau of Agriculture and Fisheries
Product Standards (BAFPS) of the DA. - 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.
Section 11 Functions, Duties and Responsibilities of
the BAFPS, in addition to its existing functions and responsibilities
shall perform the following functions, duties and responsibilities for purpose
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.
Section 12 Work Plan. - In line with the
national Organic Agricultural Program, the BAFPS shall submit to the Board for
approval the following:
(a) A plan of bringing the
program down to the grassroots, utilizing available personnel and facilities on
the local level and those of LGUs;
(b) A pattern of
cooperation and mutual assistance with LGUs, POs and NGOs, which will maximize
people empowerment and participatory approaches to program formulation,
implementation and monitoring; and
(c) A schedule of
short-term, medium-term and long-term targets on research and development,
marketing, trade promotion/initiatives, capacity building, among others.
Section 13 Organic Agriculture and Protection of the
Environment. - The NOAB shall constantly devise and implement ways and
means not only of producing organic fertilizes and other farms inputs and needs
on and off the farm but also of helping to alleviate the problems of industrial
waste and community garbage through disposal through appropriate methods of
sorting, collecting and composting. The BAFPS shall conduct continuing studies,
with consultations among the people and officials involved as well as POs and
NGOs, in order to advise local governments, from the barangay to the provincial
level, on the collection and disposal of garbage and waste in such a way as to
provide raw materials for the production of organic fertilizers and other farm
imputs.
Section 14 Local Executive Committees. -
Every provincial governor shall, insofar as practicable, form a provincial
technical committee, and which shall, in coordination with and assistance of
the BAFPS/DA - Regional Field Units (RFUs) implement activities in line with
the National Organic Agricultural Program within each province.
Every municipal mayor shall likewise, insofar as
practicable, form a municipal technical committee for purposes of implementing
activities in line with the National Organic Agricultural Program within each
municipality.
A local government unit that intends to shift its
area of responsibility to organic agriculture must ensure that local industries
have been adequate informed and consulted and that a viable plan to ensure
supply for vulnerable industries is in place.
The governors shall monitor implementation of and
compliance with this Act within their respective jurisdictions.
Section 15. Accreditation of
Organic Certifying Body. - 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
Section 16. Registration of Organic
Food and Organic Input Producers. - 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;
(b) The primary purpose and
business activity of each organic food or input establishment, including the
dates of operation if the organic food establishment is seasonal;
(c) A list of the organic
food or input produced and corresponding brand names;
(d) For organic food
establishment, the name, address and contact information of the organic food
certifying body that certified the organic products sold by the company;
(e) An assurance that the
registrant will notify the director of any change in the products, function or
legal status of the domestic food establishment (including cessation of
business activities) not later than 30 days after such change; and
(f) For organic input
producers, a list of materials used in the production of each particular input
Section 17 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
third party certification is allowed to be labeled as organically produced.
Section 18 Retailing of Organic Produce. -
Retail establishments or stores of organic produce shall designate a separate
area to display the organic produce to avoid mixing it with non-organic
produce.
Section 19 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.
Section 20 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), the Department of Interior and Local Government (DILG), the strategic
agricultural-based sate universities and colleges (SUCs), including private
organizations, to develop, enhance, support and consolidate activities and
related technologies for the formulation and implementation of a unified and
integrated organic agriculture RDE plan and programs for the national to the field
level. The organic agriculture RDE plans and programs shall include, but not
limited to the following:
(a) Research, development
and commercialization of appropriate, innovative and viable organic
agricultural technologies;
(b) Nationwide promotion of
developed and commercially viable biodegradable farm wastes and by-products
through various extension strategies to accelerate the production, use and
distribution of organic fertilizers; and
(c) Conduct research for
market development, policy formulation, regulation and certification.
Section 21. Creation of
Organic Agriculture RDE Network. - An organic agriculture RDE network
shall be organized by the BAR, composed of research and educational
institutions, LGUs, nongovernment agencies and the recognized association of
organic fertilizer manufacturers and distributors, agricultural engineers,
agriculturists, soil technologists, farmers group and/or associations.
Section 22. RDE Centers. -
National, regional and provincial organic R & D and extension centers shall
be organized, established and integrated as a major component of the existing
RDE 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.
Section 23. Organic
Agriculture in the Formal and Non-formal Sectors. - The National
Government, through the DepED and in coordination with concerned government
agencies, NGOs and private institutions, shall strengthen the integration of
organic agriculture concerns in school curricula at all levels.
Section 24. Incentives. -
The government shall extend incentives for the production and propagation of
organic farm inputs by maximizing their use in all government and government
supported agricultural production, research and demonstration programs.
Incentive shall also be provided to farmers whose farms have been duly
certified as compliant to the Philippine National Standards (PNS). Further, the
DA may give cash reward in recognition of the best organic farm in the country.
The DA, the DAR, the DOST, the DILG, the Department of Trade and Industry
(DTI), the DepED, the Department of Finance (DOF), the Land Bank of the
Philippine (LBP), and other government lending and non-lending institutions
shall also assist organic input producers and organic farmers through the
provision of adequate financial, technical, marketing and other services and
resources. 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 input production
and utilization;
(c) Provision of
preferential rates and special window to organic input producers and users by
the LBP;
(d) Subsidies for
certification fees and other support services to facilitate organic
certification;
(e) Zero-rated value-added
tax (VAT) on transactions involving the sale/purchase of bio-organic products,
whether organic inputs or organic produce; and
(f) Income tax holiday and
exemption for seven (7) years, starting from the date of registration of
organic food and organic input producers on all income taxes levied by the
National Government.
The tax incentives shall be given only to purely
organic agriculture entities/farmers and shall be subject to the accreditation
of the BAFPS and periodic reporting by the BAFPS 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.
Section 25. Appropriations. -
The sum of Fifty million pesos (Php50, 000, 000.00) and the existing budget for
the promotion of organic farming of the DA is hereby appropriated for the
initial year of implementation of this Act. Thereafter, such amount as may be
necessary for the continuous operation of the NOAB and the implementation of
the program shall be included in the annual General Appropriation Act (GAA).
The NOAB is hereby authorized to solicit and accept
assistance or facilities in the form of grants from individuals and entities
here and abroad, and to utilize these funds and resources for purposes of this
Act, subject to the usual budget, accounting and auditing rules and
regulations.
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;
(b) refuses without just
cause to extend the support and assistance required under this Act; and
(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 imprisonment of not less than one (1) month nor more
than six (6) months, or a fine of not more than Fifty thousand pesos (P50,
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 shall in addition, be dismissed from the office.
Section 27. 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 COCAFM for review and approval. In the drafting
of the implementing rules and regulations, the DOF shall be consulted in
connection with the tax incentive provided under Section 24 hereof.
Section 28. Annual Report. -
The NOAB shall render an annual report to both House 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.
Section 29. Congressional
Oversight Committee. - The COCAFM shall be the congressional oversight
committee for purposes of this Act. The COCAFM 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.
Section 30. Separability
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 31. 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.
Section 32. 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,
PROSPERO C. NOGRALES
Speaker of the House of Representatives |
JUAN PONCE ENRILE
President of the Senate |
This Act which is a consolidation of Senate Bill
No. 3264 and House Bill No. 7066 was finally passed by the Senate and the House
of Representatives on February 1, 2010.
MARILYN B. BARUA-YAP
Secretary General House of Representatives |
EMMA LIRIO-REYES
Secretary of the Senate |
Approved: APRIL 06, 2010
GLORIA MACAPAGAL-ARROYO
President of the Philippines
President of the Philippines
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