Organic Agriculture Act of 2010 in the Philippines

• Republic Act No. 10068, also known as the "Organic Agriculture Act of 2010", concerns the development and promotion of organic agriculture in the Philippines.
• The State's policy is to promote and implement organic agriculture to improve soil fertility, increase farm productivity, reduce pollution, protect health, and save on imported farm inputs
• The State recognizes the central role of farmers, indigenous people, and other stakeholders in this program at the grassroots level.

Definition of Terms

• Organic refers to farming and processing systems based on standards, synonymous with "biological" or "ecological" in other languages and denotes products considered organic based on Philippine National Standards.
• Organic agriculture includes systems promoting ecologically sound, socially acceptable, economically viable, and technically feasible food and fiber production, reducing external inputs like chemical fertilizers and pesticides.
• It covers soil fertility management, varietal breeding, biotechnology, and cultural practices that are consistent with the principles and policies of the Act, enhancing productivity without harming the soil, farmers, consumers, and the environment (as defined by IFOAM)
• Biotechnology does not include genetically modified organisms (GMOs).
• Organic production system is designed to enhance biological diversity, increase soil biological activity, maintain long-term soil fertility, recycle plant and animal wastes to minimize nonrenewable resources, and rely on renewable resources in local systems
• Conversion period refers to the time between starting organic management and certification of products as organic.
• Biodegradable wastes are organic matter for compost/organic fertilizer from the kitchen/household, yard/garden, market, and farm wastes.
• Ecologically-sound refers to a state, quality, or condition that aligns with the 1987 Philippine Constitution and the definition of organic agriculture.
• Commercialization involves introducing a new agricultural or fishery technology after intensive research.

Certification and Accreditation

• Certification is the procedure by which official bodies provide written assurance that food or food control systems conform to requirements.
• Accreditation is the procedure by which a government agency formally recognizes the competence of an inspection and/or certification body.
• First party certification is when the producer or company sets and enforces certification criteria.
• Second party certification is when buyers or industry organizations set certification criteria.
• Third party certification is when an independent organization controls supplier compliance with standards.
• Organic food establishment produces fresh or processed organic food, whether local or foreign.
• Organic input establishment produces inputs acceptable for organic agriculture, whether local or foreign.

Coverage of the Act

• The Act applies to the development and promotion of organic agriculture
• Includes policy formulation, regulation, registration, accreditation, certification, and labeling.
• Also includes research, development, and extension of sustainable and gender-friendly organic agriculture.
• Covers promotion of facilities for organic inputs, and implementation of organic agricultural programs with support services for farmers and stakeholders.

National Organic Agricultural Program (NOAP)

• Established to promote organic farming practices, cultivation, and adoption of production and processing methods.
• Includes continuing research, capacity building for farmers, education for consumers, and assistance to LGUs, POs, NGOs, and other stakeholders.

The National Organic Agricultural Board (NOAB)

• Created as the policy-making body to provide direction and guidelines for the NOAP implementation
• The NOAB is attached to the Department of Agriculture (DA)
• The NOAB ensures full participation through coordination and consultative mechanisms.

Composition of the NOAB

• The NOAB consists of the Secretary of Agriculture (Chairperson), Secretaries of Interior and Local Government (Vice Chair), Science and Technology, Environment and Natural Resources, Education, Agrarian Reform, Trade and Industry, and Health, or their representatives.
• Includes three representatives from small farmers, and a representative each from NGOs involved in sustainable agriculture, agricultural colleges and universities, and private sector or agribusiness firms.

Organization of the NOAB

• National organizations of small farmers, NGOs, and agricultural colleges and universities submit nominees within 60 working days of the Act's effectivity.
• The Chairperson calls a meeting to organize the NOAB and prescribe its rules
• A majority of members constitute a quorum.

Powers and Functions of the NOAB

• Formulate policies, plans, programs, and projects to develop and promote organic agriculture.
• Oversee the successful implementation of the NOAP.
• Identify sources of financing to expand organic agriculture.
• Monitor and evaluate program performance for appropriate incentives.
• Undertake measures for international recognition of local certification.
• Call upon government agencies to implement NOAB projects.
• Call upon private sectors, POs, NGOs, and the academe for advice and capability-building.
• Submit annual reports to the President, Secretary of the DA, and Congress.
• Promulgate rules and regulations and perform other functions to carry out the Act's objectives.
• Perform functions for effective operations and growth of organic agriculture.

Bureau of Agriculture and Fisheries Product Standards (BAFPS)

• The BAFPS of the DA is strengthened to serve as the national technical and administrative secretariat of the NOAB.

Functions, Duties, and Responsibilities of the BAFPS

• Implementing organic agriculture programs/projects approved by the NOAB.
• Updating the NOAB on the status of programs, projects, and activities.
• Creating effective networking with stakeholders.
• Performing duties to implement the Act as directed by the NOAB.
• The BAFPS submits a work plan to the Board for approval.
• The work plan includes bringing the program to the grassroots.
• It also contains cooperation and mutual assistance with LGUs, POs, and NGOs.
• And it includes schedules for research and development, marketing, and capacity building.

Organic Agriculture and Protection of the Environment

• The NOAB devises ways to produce organic fertilizers and other farm inputs while alleviating industrial waste and community garbage disposal through sorting, collecting, and composting.
• BAFPS conducts studies and consults with people, officials, POs, and NGOs to advise local governments on waste collection and disposal for organic fertilizer production.

Local Executive Committees

• Every provincial governor must form a provincial technical committee to implement activities in line with the NOAP within each province.
• Every municipal mayor should form a municipal technical committee for implementing activities in line with the NOAP within each municipality.
• Local government units shifting to organic agriculture must ensure local industries are informed and that a viable supply plan is in place
• Governors monitor implementation and compliance within their jurisdictions.

Accreditation of Organic Certifying Body

• The BAFPS is designated and authorized to grant official accreditation to organic certifying bodies,
• The BAFPS is tasked to formulate the necessary rules and procedures for accreditation.
• There must be at least one accredited organic certifying body each in Luzon, Visayas, and Mindanao
• If only one body is accredited, it must have at least one satellite office or processing unit in each region.

Registration of 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 registration shall be submitted to the director through an electronic portal

Information Required for Registration

• Name, address, and emergency contact information of each organic food or input establishment.
• The primary purpose and business activity of each establishment, including dates of operation if seasonal.
• A list of organic food or inputs produced and corresponding brand names.
• For food establishments, the name, address, details of the organic food certifying body.
• Assurance that the director will be notified of any change in products, function, or legal status within 30 days.
• For input producers, a list of materials used in the production of each input.

Labeling of Organic Produce

• The label of organic produce must contain the name, logo, or seal of the organic certifying body and accreditation number issued by the BAFPS.

Retailing and Trading Organic Produce

• Retail/store establishments must designate a separate area to display organic produce.
• Local chief executives must establish at least one trading post for organic inputs for every LGU.

Research, Development and Extension

• The Bureau of Agricultural Research (BAR) coordinates with other agencies to develop and support integrated organic agriculture RDE plans.
• Include research, development, and promotion of viable organic technologies.
• Also includes nationwide promotion of biodegradable farm wastes.
• Also includes research for market development, policy formulation, regulation, and certification.

Creation and Centers

• An organic agriculture RDE network is organized by the BAR with research institutions, LGUs, NGOs, and associations.
• National, regional, and provincial R&D and extension centers are organized, established, and integrated as a component of RDE centers.

Organic Agriculture in the Formal and Non-formal Sectors

• The National Government, through the DepED, coordinates with agencies, NGOs, and private institutions to strengthen the integration of organic agriculture concerns in school curricula.

Incentives for Organic Farming

• Government extends incentives for the production and propagation of organic farm inputs through government-supported agricultural production
• Incentives are also provided to farms certified as compliant to the Philippine National Standard (PNS).
• The DA may give cash rewards for the best organic farm.
• The DA, DAR, DOST, DILG, DTI, DepED, DOF, LBP, and other institutions assist organic input producers and organic farmers through financial, technical, marketing, and other services/resources.

Types of Incentives

• Exemption from duties on importation of agricultural equipment.
• Identification by LGUs of local taxes as incentives.
• Preferential rates and special window to organic input producers and users by the LBP.
• Subsidies for certification fees and other support services.
• Zero-rated VAT on transactions involving the sale/purchase of bio-organic products.
• Income tax holiday and exemption for seven years from registration.
• Tax incentives are given only to purely organic agriculture entities/farmers and are subject to BAFPS accreditation and periodic reporting.
• The incentives are available only to micro, small, and medium enterprises.

Appropriations

• Fifty million pesos and the DA's existing budget are appropriated for the initial year of implementation.
• Necessary amounts for NOAB operation and program implementation are included in the annual General Appropriations Act (GAA).
• The NOAB is authorized to solicit and accept assistance or facilities in the form of grants, subject to budgeting/auditing rules.

Penal Provisions

• Obstructing organic agriculture development, refusing support, or mislabeling products as organic leads to imprisonment (1-6 months) and/or a fine (up to P50,000).
• If the offender is a corporation, the official who ordered the offense is punished with the same penalty.
• Government employees are also dismissed from office.

Implementing Rules and Regulations

• The NOAB adopts rules and regulations within 90 days of this Act's effectivity which must be reviewed and approved by the COCAFM
• The DOF is consulted on tax incentives.

Reporting and Review

• The NOAB renders an annual report to both Houses of Congress.
• A review on the program's viability will be made by concerned agencies three years after implementation.

Congressional Oversight

• COCAFM oversees the implementation of this Act
• COCAFM Monitors and ensures implementations; reviews programs, funding, performance of the NOAB; conducts necessary functions.

Separability, Repealing Clause, and Effectivity

• If any provision of this Act is invalid, the other provisions remain in effect.
• All laws, decrees, orders, proclamations, rules, and regulations contrary to this Act are repealed or modified.
• This Act takes effect 15 days after publication in two newspapers and the Official Gazette.