IRR of Organic Agriculture Act (RA 11511) 2021 PDF

DA-DAR-DOH-DILG-DOST-DTI-TESDA-NCIP Joint Memorandum Circular No. 01 Series of 2021 Subject: Implementing Rules and Regulations of Republic Act No. 10068 as amended by Republic Act No. 11511, otherwise known as “Amendment to Organic...

DA-DAR-DOH-DILG-DOST-DTI-TESDA-NCIP Joint Memorandum Circular No. 01 Series of 2021 Subject: Implementing Rules and Regulations of Republic Act No. 10068 as amended by Republic Act No. 11511, otherwise known as “Amendment to Organic Agriculture Act of 2010” (IRR of Organic Agriculture Act as amended by RA No. 11511) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Pursuant to the provisions of Section 28 of Republic Act No. 10068, as amended by Republic Act No. 11511, the member agencies of the National Organic Agriculture Board hereby adopt and promulgate the following Rules and Regulations: Section 1. Title – An Act Amending Republic Act No. 10068 or the Organic Agriculture Act of 2010. Rule 1.1. This Joint Memorandum Circular shall be known as the Implementing Rules and Regulations of Republic Act No. 10068 as amended by Republic Act No. 11511, otherwise known as “Amendment to Organic Agriculture Act of 2010”, hereinafter referred to as the “IRR of Organic Agriculture Act as amended by RA No. 11511.” Rule 1.2. The provisions of the amended Republic Act No. 10068 are reproduced herein for reference purposes followed by the corresponding Rules and Regulations of each Section. Rule 1.3. The RA No. 11511 was published on January 5, 2021 and subsequently took effect on January 21, 2021. 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 and farmers’ incomes, reduce pollution and destruction of the environment, prevent the depletion of natural resources, encourage the participation of indigenous organic farmers in promoting their sustainable practices, further protect the health of farmers, consumers, and the general public, 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 organic soil amendments, bio-control agents and other farm inputs, together with a nation-wide educational and promotional campaign for their use and processing shall be established. 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 the adoption of an organic agricultural 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 of this program. Page 1 of 51  Rule 2.1. Organic agricultural systems further promote the development of related community-based industries, namely organic agriculture, prime habitat and ecotourism, among others. These communities provide clean, safe, nutritious and sufficient food, water, air and health conducive environments. Organic agriculture enhances food sovereignty and substantially contributes to food security. Rule 2.2. Organic agricultural system, in its goal to reduce environmental pollution and ecosystem destruction and, prevent the depletion of natural resources, shall endeavor to promote the low carbon development path and its strategies. Rule 2.3. Organic agriculture boosts community resilience to disaster risks and climate change vulnerabilities caused by anthropogenic factors (climatic vulnerabilities and changes induced by human interventions) and naturally induced hazards and contributes to risk reduction. Rule 2.4. The State shall likewise recognize the importance of indigenous organic farmers, consumers and other vulnerable stakeholders of the organic farming system at the national and grassroots levels. Section 3. Definition of Terms. – For the purposes of this Act, the following terms shall be defined 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 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 agriculture 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 Agriculture Movement (IFOAM): Provided, That the biotechnology herein referred to shall not include genetically modified organisms or GMOs. (c) Organic production system is a system designed to: (1) Enhance biological diversity within the whole system; (2) Increase soil biological activity; Page 2 of 51  (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 systems; (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) Becomes established on any existing farm through a period of conversion, the appropriate length of which is determined by site- specific factors such as the history of the land, and the type of crops and livestock to be produced. (d) Conversion period refers to the time between the start of organic management and the certification of crops, animal husbandry or aquaculture products as organic. (e) Biodegradable wastes refer to organic matter for compost/organic fertilizer for the organic cultivation, farming of food crops and include 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 a 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. (h) Certification is the procedure by which a government agency or an organic certifying body (OCB) provides written or equivalent assurance that farms, or production and processing systems, conform to organic standards as mandated in this Act. (i) Accreditation is the procedure by which a government agency having jurisdiction formally recognizes the competence of an OCB to provide inspection and certification services. This shall be solely and exclusively Page 3 of 51  exercised by the designated agency or agencies in this Act, pursuant to the mandates herein. (j) First-party certification is defined as when the certification criteria and rules are set and monitored/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 a firm requires that its suppliers 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 fresh or processed organic food. (n) Organic input establishment refers to an entity, whether local or foreign that produces inputs acceptable for organic agriculture. (o) Inspection is the examination of farms, food and non-food products, food control systems, raw materials, processing, distribution and retailing, including in-process and finished product testing, in order to verify that they conform to the requirements for being organic. Inspection includes the examination of the production and processing systems. (p) Organic bio-control agents refer to organisms and their associated metabolites as well as naturally occurring substances that control pests and diseases. These are classified as botanicals, macrobials, microbials, and semiochemicals. (q) Organic Certifying Body (OCB) refers to a legal entity accredited by a government agency to perform inspection and certification activities. It is responsible for verifying that a product sold or labeled as “organic” is produced, processed, prepared, or handled according to relevant guidelines. (r) Organic soil amendments refer to all the products within the scope of the Philippine national standard, i.e. organic fertilizers, compost/soil conditioner, microbial inoculants, and organic plant supplements that are added to the soil to improve its physical properties. (s) Participatory Guarantee System (PGS) refers to a locally-focused quality assurance system that is developed and practiced by people actually engaged in organic agriculture. It is built on a foundation of trust, social network and knowledge exchange. It is used to certify producers and farmers as actual and active practitioners of organic agriculture. (t) PGS group refers to a legal association or cooperative of registered farmer members and other stakeholders in a participatory guarantee system. (u) Core PGS group refers to the basic grouping unit in the PGS. Page 4 of 51 (v) Participatory Organic Certificate refers to a documentary proof that a core PGS group is compliant with the requirements, standards and norms of organic farming/agriculture. It shall be issued by a government agency or by an authorized OCB, after the conduct of an investigation and certification activity on the application for certification by the core PGS group. It shall have a validity of three (3) years. (w) Small farmer/fisherfolk refers to those utilizing not more than five (5) hectares of land for the single purpose of, or a combination of the following purposes for, agricultural crop production, including rice and corn, aquaculture, and poultry/livestock raising: Provided, that poultry/livestock raising shall not have more than the following: Poultry – 1,000 poultry layers or 5,000 broilers Swine/native pigs – 10 sow level or 20 fatteners Cattle – 10 fatteners or 5 breeders Dairy – 10 milking cows Goat, sheep and other small ruminants – 50 heads Other animals permitted to be raised, the limits of which are to be determined by the National Organic Agriculture Board (NOAB). (x) Organic value chain refers to agriculture-related activities that put farmers, processors, distributors and consumers within a system that produces, processes, transports, markets and distributes organic agricultural products. Rule 3.1. In addition to the terms and definition provided for by the amended RA No. 10068, the following terms shall be defined as follows: (a) Agribusiness firm refers to various businesses involved in organic food and non-food production, including farming and contract farming, inputs supply, farm machinery, wholesale and distribution, processing, marketing, and retail sales. (b) Alternative Learning System (ALS) is a parallel learning system to provide a viable alternative to the existing formal educational instruction. (c) Appeal is the request by applicant, candidate or certified entity for reconsideration of any adverse decision related to its desired certification or accreditation status. Adverse decisions include refusal to accept an application, refusal to proceed with an inspection or audit, changes in certification or accreditation scope, decisions to deny, suspend or revoke certification and any other action that impedes the attainment of certification or accreditation. (d) Biopiracy refers to the illegal acquisition of indigenous knowledge and biological materials with the goal of capitalizing them or when indigenous materials are used for a profit with little or no compensation or recognition to indigenous peoples. Page 5 of 51 (e) Climate Change refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity. (f) Consumer refers to persons and families purchasing and receiving goods in order to meet their personal needs. (g) Complaint is the expression of dissatisfaction, other than appeal, by any individual or organization to accredited OCBs, relating to the activities of that body or a certified entity, where a response is expected. (h) Department refers to all departments involved in the implementation of the NOAP. (i) Disaster refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of the following: exposure to hazards, conditions of vulnerability that are present, and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption and environmental degradation. (j) Disaster Risk is the potential disaster losses in lives, health status, livelihood, assets and services, which could occur to a particular community or a society over some specified time in the future. (k) Disaster Risk Reduction and Management is the systematic process of using administrative directives, organizations, and operational skills and capacities to implement strategies, policies and improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster. Prospective disaster risk reduction and management refer to risk reduction and management activities that address and seek to avoid the development of new or increased disaster risks, especially if risk reduction policies are not put in place. (l) Domestic market refers to the market reach of a PGS guaranteed organic produce and product, wherein the producer may directly link with consumers or indirectly through an intermediary. PGS groups are locally relevant and shall promote food self-sufficiency within the community. Page 6 of 51 (m) Food Safety refers to the assurance that food will not cause harm to the consumer when it is prepared and/or eaten according to its intended use. (n) Food security refers to a situation/state where all people have physical, social, and economic access to sufficient, safe, and nutritious food that meets their food preferences and dietary needs for an active and healthy life. (o) Food self-sufficiency means the ability to meet consumption needs, particularly for staple food crops, from own production rather than by buying or importing. (p) Food sovereignty refers to ownership and control and management of the food supply chain (i.e. from seeds/stocks up to its final products and by-products). (q) Formal Education refers to the systematic and deliberate process of hierarchically structured and sequential learning corresponding to elementary, secondary, technical-vocational education and training, and higher education. (r) Genetically Modified Organisms (GMOs) refer to organisms that possess a novel combination of genetic materials obtained through the use of modern biotechnology. (s) Indigenous peoples (IP) refers to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as an organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. (t) Indigenous organic farmers refer to practitioners of the indigenous organic farming practices regardless of ascription/affiliation/aggrupation to Indigenous Cultural Communities (u) Indigenous organic farming practice refers to a system of traditional farming methods and techniques without intervention from entities outside their community that are being practiced by the indigenous people. (v) Informal Education is a lifelong process of learning by which every person acquires and accumulates knowledge, skill, attitudes and insights from daily experiences at home, at work, at play and from life itself. Page 7 of 51 (w) Integrated organic farm refers to a production system practicing a combination of any two or more scopes defined in the applicable current Philippine National Standards for organic agriculture (crop production, animal production, inputs, beekeeping, special products, processed products, and aquaculture). (x) Labeling refers to any written, printed or graphic matter that is present on the label, accompanies the food, or is displayed near the food including that for the purpose of promoting its sale or disposal. (y) Livestock means any domestic and domesticated animal including bovine (buffalo and bison), ovine, porcine, caprine, equine, poultry and bees raised for food or in the production of food. The products of hunting or fishing of wild animals shall not be considered part of this definition. For the purposes of this Act, it shall include aquaculture which refers to fishery operations involving the breeding and farming of fish and other fishery species in fresh, marine and brackish water areas. (z) Low carbon development path refers to growth that integrates positive impact on the environment, minimizes if not eliminates greenhouse gas emissions, taking into account long term sustainability. (aa) Mislabeling refers to an act of deliberate and intentional misinterpretation of food and products, including its ingredients and packaging; or false or misleading statements made about a product for economic gain. (bb) Monitoring refers to activities to verify compliance of organic producers/operators, produce and products with the regulatory requirements of concerned agencies. These activities may also include among others adverse events reporting, product safety update reporting, collection and testing of organic produce and products in the market. (cc) Non-biodegradable wastes refer to anything that cannot be degraded by biological processes (metals, plastics, glass, etc.). (dd) Non-Formal Education is 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. This shall cover learning outcomes derived from professional development in the practices of profession which leads to qualifications. (ee) Non-Government Organization (NGO) refers to any non- profit, voluntary citizens’ group which is organized on a local, national or international level. It is a legally constituted organization created by a natural or legal person that operates independently from any government. In the cases in which NGOs are funded Page 8 of 51  totally or partially by governments, the NGO maintains its non-governmental status by excluding government representatives from membership in the organization. (ff) OA shall refer to Organic Agriculture. (gg) OAA shall refer to the Organic Agriculture Act of 2010. (hh) Official Accreditation refers to the accreditation provided by the Bureau of Agriculture and Fisheries Standards (DA-BAFS) to qualified OCBs. (ii) Organic Agriculture Areas refers to certified organic areas which practice a holistic production management system involving the promotion and enhancement of the agro-ecosystem health, including biodiversity, biological cycles, and soil biological activity; these are areas that emphasizes the use of management practices over the use of off-farm inputs; and utilizes cultural, biological, and mechanical methods as opposed to synthetic materials. (jj) Organic inputs are organic materials necessary for organic agriculture production and processing such as seeds, plant protection and pest management products, compost and fertilizers, feeds, processing aids which are used to comply with the requirements of applicable current Philippine National Standards (PNS) for organic agriculture (OA). (kk) Organic input producer refers to an entity, whether local or foreign, that produces inputs compliant with the applicable current PNS for OA. (ll) Organic non-food products refer to agriculture and fishery products that are not used directly for food consumption such as feeds, fiber, tea bags. (mm) Organic operator refers to an individual or a business enterprise that is responsible for the production, processing, manufacturing, distribution, wholesale, retail, trade, importation of organic agriculture products meets, and continues to meet, the applicable current PNS for OA and regulatory requirements, on which the certification is based. (nn) Organic agriculture practitioner refers to stakeholders practicing organic agriculture in accordance with the applicable current PNS for OA. (oo) Organic pre-packaged food refers to processed food produced according to applicable current PNS for OA, made up in advance in a container, labeled and ready for sale to the consumer, or for catering purposes, or for further processing, or for institutional use only compliant with current regulations issued by the Department of Health - Food and Drug Administration (DOH-FDA). Page 9 of 51 (pp) Organic Processed food refers to food compliant with applicable current PNS for OA that have been substantially altered by the application of physical, chemical, or biological processes such as, but not limited to, heating, smoking, curing, maturing, drying, marinating, extraction, extrusion and a combination of those processes intended to produce food. (qq) Organic processed and pre-packaged food refers to food compliant with applicable current PNS for OA that have been subjected to, but not limited to, heating, smoking, curing, maturing, drying, marinating, extraction, extrusion and a combination of those processes intended to produce food, packaged and labeled compliant with the applicable regulations issued by DOH-FDA. (rr) Organic produce refers to any agricultural produce that is produced according to applicable current PNS for OA or gathered from nature, and/or handled with post- harvest management. (ss) Organic product refers to a product that has been processed, pre-packaged, and handled in compliance with applicable current PNS for OA. (tt) People’s Organization (POs) are community-based, mass membership organizations, that are either Securities and Exchange Commission (SEC), or any government agency empowered by law or policy to register and/or accredit POs and other similar aggrupations, registered or existing but not registered, with a set of by-laws adopted through a membership assembly and duly elected officials. POs are either sectoral or multi-sectoral alliance pursuing a common goal and established to secure benefits for their membership and articulate aims and objectives in the general development discourse. (uu) Private/business sector refers to a key factor in the realm of the economy where the central social concern and process is the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises private corporations, enterprises, individual businesses, among others. (vv) Processing Aid means any substance or material, not including apparatus or utensils, and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients, to fulfill a certain technological purpose during treatment or processing and which may result in the non- intentional but unavoidable presence of residues or derivatives in the final product. (ww) Registry of Core PGS groups refers to the list of core PGS groups operating within its area of jurisdiction, accredited by DA-BAFS. This shall include certified Page 10 of 51  individual farms as core PGS groups and accredited PGS groups. (xx) Retail establishment refers to an entity principally engaged in the sale of commodities or goods for consumption to the general public; it includes those that are classified as formal and informal establishments including online merchants. (yy) Risk is the combination of the probability of an event and its negative consequences. (zz) Risk reduction is the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including reduced exposures to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events. (aaa) Surveillance refers to a set of activities including office and witness audits, except reassessment, to monitor continued compliance of accredited OCBs with the requirements for accreditation. (bbb) Sustainable practice refers to a system of agricultural farming methods and techniques that allow farmers and fisherfolks to meet production demand without compromising the natural availability of resources. (ccc) Third-party OCB refers to an independent legal entity not engaged in organic production accredited by DA- BAFS to perform inspection and certification of organic management systems. (ddd) Vulnerabilities refer to the characteristics and circumstances of a community, system or asset that make it susceptible to the damaging effects of a hazard. Vulnerabilities may arise from various physical, social, economic, and environmental factors such as poor design and construction of buildings, inadequate protection of assets, lack of public information and awareness, limited official recognition of risks and preparedness measures, and disregard for wise environmental management. (eee) Vulnerable stakeholders are those that face higher exposure to disaster risk and poverty including, but not limited to, women, youth, children, elderly, differently- abled people, and indigenous/ethnic minorities. 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; Page 11 of 51  (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, bio-control agents, organic soil amendments and other appropriate farm inputs; and (d) Implementation of organic agricultural programs, projects and activities, including the provision and delivery of support services with the focus on farmers, prioritizing small farmers/fisherfolks and their organization and other stakeholders. Rule 4.1. The coverage of this Act enumerated herein shall be considered in the development of the National Organic Agriculture Program (NOAP) under Section 5 (National Organic Agricultural Program). 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 (LGUs), 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. Rule 5.1. The National Organic Agriculture Board (NOAB), through the National Organic Agriculture Program - National Program Coordinating Office of the Department of Agriculture (NOAP- NPCO), shall call upon all concerned government agencies and instrumentalities, including the LGUs, academe, NGOs, organic small farmers/fisherfolks organizations, and research and development and extension (RDE) institutions, to submit their respective annual and long term OA plans taking into consideration climate change impact and mitigation, with emphasis on adaptation, disaster risk reduction and management, gender-sensitive development, site-specific ecosystem-based for consolidation and integration into a comprehensive NOAP. Rule 5.2. The NOAP operating units shall support the establishment of organic agriculture hubs, which shall act as a business integrator that will supply the organic inputs, shall provide farm services, as well as the consolidation and the marketing of the produce of organic farmers/fisherfolks in every organic agriculture activity. Rule 5.3. The NOAB, through the NOAP-NPCO and in collaboration with concerned agencies, shall develop a national communication strategy to increase the awareness of the consumers on the benefits of consuming organic products to boost local Page 12 of 51  production of organic food and non-food products, as well as the adoption of an organic agricultural system as a viable alternative. Rule 5.4. The Bureau of Agricultural Research of the DA (DA-BAR) and in partnership with the Department of Science and Technology (DOST), National Commission on Indigenous Peoples (NCIP), state universities and colleges (SUCs), and NGOs shall support the documentation and promotion of indigenous organic farming practices. Rule 5.5. The NOAP-NPCO and other concerned government agencies shall provide technical and financial assistance to LGUs, SUCs, NGOs, and POs in establishing community-based organic agriculture systems. Rule 5.6. The Agribusiness and Marketing Assistance Service of the DA (DA-AMAS) and other concerned agencies, shall develop and undertake a nationwide educational and awareness campaign among consumers on the benefits of consuming organic products to boost local production of organic food. Rule 5.7. The Department of Agriculture (DA) and Department of Trade and Industry (DTI) shall develop and institutionalize the promotion of local and international trade fairs, market promotion and matching activities with the active participation of LGUs, NGOs, national government agencies (NGAs), academe, RDE institutions, organic farmer organizations, consumer, business groups and multi-stakeholder (environment and climate change advocates and agrarian reform communities) networks to push organic products in the local and international markets as outlined in the NOAP. Likewise, the consumption of organic products in the country shall be encouraged and promoted. Rule 5.8. The NOAP shall be comprehensive, strategic and sustainable, and formulated, taking into consideration the coverage of this Act under Section 4 (Coverage), following the principles of bottom-up, multi-disciplinary and multi-sectoral participatory planning, and monitoring and evaluation system. Due consultation with the stakeholders shall be undertaken for purposes of ownership, legitimacy, transparency and accountability and, following the principles of inclusivity and subsidiarity. Rule 5.9. The implementation of the NOAP shall be focused on areas where delivery of support services is not adequately responded to, especially to farmers in marginal farm and coastal lands, in ancestral domains and agrarian reform areas subject to the prioritization criteria to be established by the NOAB. The implementation of small farm holding certification with an Internal Control System shall be intensified in areas where organic farms are contiguous and the farmers are adopting the same farming system. Page 13 of 51  Rule 5.10. The NOAP shall provide assistance such as but not limited to equipment, facilities, and scholarships to educational institutions to strengthen the integration of organic agriculture in their curricula. Rule 5.11. A separate and distinct line budget item for organic agriculture in the General Appropriations Act (GAA) shall be allocated for the planning, implementation, monitoring, and evaluation of the NOAP including the operation of the NOAB. All agencies involved in the implementation of the NOAP shall allocate funds in accordance with Section 26 (Appropriations) of this Act. Rule 5.12. Other NOAB member agencies, concerned departments, government-owned and controlled corporations (GOCCs), government financial institutions (GFIs), and LGUs shall allocate funds from their annual budget (GAA, Internal Revenue Allotment, LGU development fund, Economic Development Fund, Official Development Assistance, Agricultural Competitiveness Enhancement Fund, etc. and private sector investment) in support to the implementation of the NOAP. These agencies shall report to the NOAB on their fund allocation for organic agriculture activities. Rule 5.13. The NOAB through its Chairman shall forge Memorandum of Agreements (MOAs) with the Department of Interior and Local Government (DILG) on behalf of the LGUs for fund sources for planning, implementation, monitoring and evaluation of the NOAP. Rule 5.14. The NOAB, through the NOAP-NPCO, shall conduct results- based monitoring and evaluation regularly to ensure the expeditious, efficient, and cost-effective implementation of the NOAP. Rule 5.15. A NOAP program-benefit monitoring and impact evaluation of key organic programs, plans, and projects shall be undertaken subject to the guidelines that will be developed and adopted by the NOAB. Rule 5.16. The NOAB, through the NOAP-NPCO, shall maintain a dedicated website to NOAP. All organic agriculture-related information and databases from the member’s departments, agencies, bureaus, research institutions, and LGUs shall be linked to the NOAP website. 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. Page 14 of 51  Rule 6.1. The NOAB shall exercise its powers and functions in accordance with Sections 8 (Organization of the NOAB) and 9 (Powers and Functions of the NOAB) of this Act. Rule 6.2. The DA through the NOAP shall provide a dedicated office for the NOAB and other logistics to facilitate the Board’s functions. Rule 6.3. The NOAB shall involve the participation of relevant stakeholders to ensure transparency, accountability, and inclusivity. Section 7. Composition of the NOAB – The NOAB shall consist of the following members: (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 Director General of the Technical Education and Skills Development Authority, or his/her duly authorized permanent representative; (e) The Secretary of Agrarian Reform, or his/her duly authorized permanent representative; (f) The Secretary of Trade and Industry, or his/her duly authorized permanent representative; (g) The Secretary of Health, or his/her duly authorized permanent representative; (h) Three (3) representatives from the small farmers; (i) One (1) representative from the NGOs involved in organic agriculture for at least three (3) years; (j) One (1) representative from agricultural colleges and universities; (k) One (1) representative from the private sector in the organic value chain; (l) One (1) representative from the national association of PGS Groups, to be chosen from among and by themselves: Provided, That the representative is a small farmer; (m) One (1) representative from a national organization of local government units (LGUs) actually engaged in organic agriculture; and (n) One (1) qualified representative from the indigenous organic farmers. Page 15 of 51 The designated aforementioned representatives of the various departments shall be occupying positions not lower than a bureau director level and shall be on a coterminous 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 to the agency concerned by their respective national organizations. These representatives must represent their respective organizations at least from the provincial level, actually and actively practicing and promoting organic agriculture practices, be conversant in organic agriculture and be committed to the policies and programs provided under this Act. The three (3) seats given to small farmers shall be chosen from the crops and livestock sectors, which will have two (2) seats and one (1) seat, respectively. An appointed/elected member of the board can only serve a single term of three (3) years, without reappointment. Should the member fail to complete his/her term, the replacement or successor shall only serve the unexpired portion of the term. Rule 7.1. The DA through the NOAP-NPCO shall formulate the criteria and the guidelines for the selection of the following non- government members of the NOAB: (a) three (3) small farmer representatives, (b) one (1) representative from a national organization of LGUs actually engaged in organic agriculture, (c) one (1) representative from NGO, (d) one (1) representative from a national organization of Participatory Guarantee System (PGS) groups, and (e) one (1) representative from the private sector in the organic value chain. The selection criteria and guidelines for the said representations shall be reviewed and approved by the NOAB. Rule 7.2. The small farmer representatives are mandated to comprise one (1) seat from the livestock sector and two (2) seats from the crop sector. Provided that the three (3) major islands of the country are still represented. Provided further that the aquaculture sector shall be considered in the livestock sector. Rule 7.3. The representative from the national organization of LGUs actually engaged in organic agriculture must be: (a) registered in the Securities and Exchange Commission (SEC) for at least five (5) years and with an organizational medium to long term strategic OA development program; (b) must comprise of at least three (3) members legally implemented under the municipal and/or city-wide organic agriculture plan; (c) recognized by the local and international authorities on organic agriculture. Rule 7.4. The DOST shall formulate the criteria and the guidelines for the selection of the academe representative, subject to the approval of the NOAB. Rule 7.5. The NCIP shall facilitate the nomination of the indigenous organic farmer representative to the NOAB. In the absence of a qualified nominee, the NCIP shall represent the sector to the NOAB. Page 16 of 51  Rule 7.6. The list of nominees shall be submitted to the Secretary of the DA and DOST in accordance with the deadline provided. The Secretary of DA shall appoint the members of the Board from small farmers, the national organization of LGUs actually engaged in organic agriculture, NGOs, the national organization of PGS groups, and private sector in the organic value chain, while the representative from the academe (i.e. SUCs and private higher education institutions) shall be appointed by the DOST. Rule 7.7. An appointed member of the Board shall serve for a single term of three (3) years and cannot be reappointed for another term. Should a private sector or an academe member of the Board fail to complete his/her term, the concerned Secretary shall appoint the second rank nominee, provided that the nominee met the minimum requirements. Otherwise, the Secretary shall appoint a successor from the same organization which the private sector or academe represents. The successor shall only serve the unexpired portion of the uncompleted term. Rule 7.8. The incumbent members of the NOAB shall continue to serve their term provided in this Act. Provided that, positions that are vacant by virtue of this Act shall be accordingly filled and shall also serve the unexpired portion of the incumbent’s term. Rule 7.9. The concerned government agencies shall designate their permanent representatives and alternate representatives with a rank no less than Director IV. These representatives shall serve on a coterminous basis. 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 qualified members to the NOAB. 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 procedures 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 meet at least once every quarter after its constitution. The NOAB shall also determine its budget, including 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. Rule 8.1. Within sixty (60) working days from the effectivity of this IRR, the national organization of PGS groups, the national organization of LGUs actually engaged in organic agriculture, and indigenous organic farmers shall submit their respective nominees to the Secretary of Agriculture, in accordance with the guidelines approved by the NOAB. Page 17 of 51  Rule 8.2. The NOAB shall establish Rules of Procedure (Manual of Operations) in its operations and establishments of Technical Working Groups (TWGs) and Task Forces (TFs) including roles and responsibilities to exercise general coordination of its work. The Rules of Procedure of the NOAB shall apply, mutatis mutandis, to TWGs, TFs, and ad hoc committees. Rule 8.3. The NOAB shall hold quarterly meetings and special meetings when necessary. The presence of at least nine (9) including the chairperson of the NOAB shall constitute a quorum. In all cases, the presence of the chairperson or his duly authorized official permanent representative shall be required. Rule 8.4. Government agencies shall be allowed to send their authorized representatives to the NOAB with a rank not lower than Director IV. However, other representatives not duly appointed by the Secretary shall not be considered to constitute a quorum. Rule 8.5. The NOAB shall create its TWGs where the technical concerns on organic agriculture development and promotion will be tackled. Government agencies may designate their technical representatives who are knowledgeable on organic agriculture and other related concerns. The membership in the TWGs and TFs shall be approved by the NOAB. Rule 8.6. The NOAB shall be entitled to other allowable emoluments for every meeting actually attended, subject to existing accounting and auditing rules and regulations and other relevant statutes. Rule 8.7. The Director of the NOAP-NPCO shall serve as the NOAB Secretary and shall keep all records relative to the meetings of the NOAB. Section 9. Powers and Functions of the 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 Page 18 of 51  workers, consumers and other stakeholders in the 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) Promulgate 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 other functions as may be necessary for its effective operations and the continued enhancement, growth or development of organic agriculture. Rule 9.1. The NOAB and its appropriate TWGs shall continuously review all existing government (NGAs, legislative, and LGUs) issuances, policies, and programs affecting the implementation of the OAA and update recommendations to harmonize its provisions to further strengthen these IRRs consistent with the provisions of this Act. Rule 9.2. The NOAB shall formulate the guidelines for the implementation of multi-sectoral (LGUs, NGOs, organic small farmers/fisherfolks’ organizations, academe, RDE institutions, consumers and business groups) monitoring protocols to track the promotion and delivery of OAA support services and their implementation by the local chief executives (LCEs) at the provincial and municipal/city levels. Rule 9.3. The NOAB, in coordination with concerned agencies, shall undertake measures for the international recognition of Philippine organic produce and products which include harmonization of the national organic certification schemes. Rule 9.4. The NOAB shall establish guidelines for the provision of technical and financial assistance to eligible certified and guaranteed organic operators or their farms/associations/cooperatives for international certification in accordance with this Act. Rule 9.5. The NOAB shall develop guidelines for the provision of assistance to organic agriculture practitioners for the laboratory analyses of produce, inputs and products to ensure and maintain compliance with the applicable current Philippine National Standards (PNS) for organic agriculture (OA) and other regulatory requirements. Rule 9.6. The NOAB and its member departments shall ensure the implementation of the provisions of this Act. The member departments shall ensure that other activities relevant to their mandates and jurisdictions in line with the provisions of this Act are acted upon. Rule 9.7. The NOAB shall coordinate with other concerned government agencies to institutionalize organic agriculture programs at the Page 19 of 51  local level through the formulation of a framework for a food self-sufficiency program. The framework shall provide the strategic plans of action in eliminating malnutrition and hunger, bringing unity and responsibilities between the community and the LGU, educating the community on the importance of practicing organic farming and sustainable agriculture, and generating food and income from the establishment of backyard organic gardens and community organic farms. Rule 9.8. Upon approval by the NOAB, the DILG, in coordination with other concerned agencies, shall issue relevant guidelines to LGUs in the implementation of the provisions of this Act. Rule 9.9. The NOAB, through the NOAP-NPCO, in coordination with DA- AMAS and DTI, shall lead the development of an organic agriculture industry profile. Rule 9.10. The Department of Agrarian Reform (DAR) shall maintain a database of Agrarian Reform Beneficiaries Organizations engaged in organic agriculture and formulate a roadmap in accordance with the comprehensive NOAP. Rule 9.11. The NOAB shall call upon other public Standards Development Organizations to develop standards related to organic produce and products covered by their respective mandates. Rule 9.12. The NOAB shall collaborate with the DTI to establish mechanisms for notification and reporting of third-party certification bodies or entities conducting conformity assessment activities in the country for organic produce and products intended for export. These certification bodies or entities shall provide relevant information as may be required by the NOAB. Rule 9.13. The NOAB, in collaboration with concerned agencies, shall craft and harmonize existing rules and regulations on registration of organic produce and products’ brand names and business names, including online merchants to include with substantiation for ‘organic’ labeling/ brand names in accordance with their respective mandates. Rule 9.14. The NOAB, when necessary, may call upon the cooperation of other government agencies to effectively and efficiently carry out and implement its identified programs and projects. Section 10. National Organic Agriculture Program - National Program Coordinating Office (NOAP-NPCO) – To manage the effective implementation of the National Organic Agriculture Program, the Department of Agriculture (DA), Office of the Secretary, shall be strengthened and empowered in terms of establishing a functional office, to be known as the National Organic Agriculture Program – National Program Coordinating Office (NOAP – NPCO). It shall serve as the planning and administrative secretariat of the NOAB, and as the coordinating office of the Program. Page 20 of 51 Rule 10.1. The NOAB, as attached to the DA, shall be supported by the NOAP-NPCO in the performance of its duties and responsibilities, particularly in spearheading the implementation of RA No. 10068 as amended by RA No. 11511. Rule 10.2. To effectively implement the NOAP, the NOAP-NPCO shall facilitate the adoption of policies, plans, projects, and programs for the development and promotion of organic agriculture at the grassroots level. Rule 10.3. The NOAP-NPCO is empowered to determine and create its organizational structure including its plantilla position requirements in order to perform its functions to achieve the objectives of this Act. Rule 10.4. At the minimum, the NOAP-NPCO shall be headed by a Director to be appointed by the President. He/she shall be assisted by a deputy director. The NOAP-NPCO shall have at least three (3) divisions, namely the 1. Secretariat and Policy Development Division, 2. Planning and Project Development Support Division, and 3. Advocacy, Coordination, and Administrative Division. Rule 10.5. The interim NOAP-NPCO is authorized to submit its proposed plantilla positions to the Department of Budget and Management (DBM) within one hundred eighty (180) days upon the adoption of this IRR and prior approval by the NOAB. The DBM shall promptly act within the deadline stipulated under the Code of Conduct of the government employees by the Civil Service Commission. Rule 10.6. The NOAP-NPCO plantilla positions shall be completed within one (1) year from the approval of the said plantilla positions by the DBM. Rule 10.7. The DA Regional Field Offices (DA-RFOs) shall be strengthened with the creation of the NOAP Regional Program Coordinating Office (NOAP-RPCOs), consisting of at least five (5) additional plantilla positions under the Field Operations Division, to assist in the implementation of the NOAP in their respective regions. The DA-RFOs shall perform the following functions and responsibilities with respect to the implementation of the NOAP: 10.7.1. Gather policy recommendations from regional stakeholders; 10.7.2. Disseminate policies and regulations to regional stakeholders; 10.7.3. Assist regional stakeholders in preparing their plans, including the organic agriculture roadmaps and organic agribusiness plans; 10.7.4. Monitor compliance to policies and regulations in their regions; Page 21 of 51  10.7.5. Prepare annual budget for organic agriculture program responsive to the needs of their regional stakeholders; 10.7.6. Implement and monitor organic agriculture programs and projects in their region; 10.7.7. Promote organic agriculture in their regions, including the conduct of regional Organic Agriculture Achievers’ Awards, the conduct of Organic Agriculture Month, and consumer awareness; 10.7.8. Provide assistance in the organic agriculture certification process within their regions; 10.7.9. Assist in the capacity development of LGUs and farmers’ associations concerning organic agriculture; 10.7.10. Submit reports and data required by the NOAP; 10.7.11. Participate in NOAP assessments; 10.7.12. Conduct field validation of organic agriculture enterprises; 10.7.13. Participate in the identification of priority and basic organic agriculture commodities of the different localities in their region; and 10.7.14. Maintain a registry of organic agriculture practitioners in their region. Rule 10.8. Pending the approval of the DBM, the existing NOAP-NPCO and the NOAP regional focal persons shall continue to perform their current functions as interim NOAP-NPCO and NOAP-RPCOs, respectively. Rule 10.9. The Integrated Laboratory Divisions (ILDs) of the DA-RFOs and laboratories of concerned DA Regulatory Agencies and SUCs shall be upgraded and capacitated to assist in the implementation of the provisions of this Act. Rule 10.10. All NOAP implementing agencies of the DA shall modify its existing structure and staffing pattern, if appropriate, for the provision of the required manpower complement in order to perform its function. Section 11. Work Plan – In line with the National Organic Agriculture Program, the NOAP- NPCO 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; Page 22 of 51  (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. Rule 11.1. The NOAB shall formulate institutional mechanisms and arrangements that will ensure the effective implementation of the Work and Financial Plan and further assist NOAP-NPCO in carrying out the plan in a most expeditious, efficient, and cost- effective manner. This must be achieved through effective coordination and networking among appropriate NGAs and the LGUs as well as the existing network of organic producers and their support organizations including the small farmers/fisherfolks, agrarian reform beneficiaries, landless farmworkers, and indigenous peoples. Section 12. Bureau of Agriculture and Fisheries Standards (BAFS) – The BAFS of the DA shall be restructured, strengthened and empowered to support the objectives of this Act. It shall provide technical assistance to the NOAB and the NOAP–NPCO. The BAFS, in addition to its existing functions and responsibilities, shall perform the following functions, duties and responsibilities for purposes of this Act: (a) Formulate and update standards relevant to organic agriculture; (b) Issue accreditation to OCBs; (c) Conduct inspections on compliance of PGS groups with the Philippine National Standards (PNS) for organic agriculture, and publish at least once a year the list of compliant PGS groups; (d) Issue registration of organic inputs, such as organic soil amendments and organic bio-control agents; (e) Issue registration of integrated organic farms with multiple commodities/production and of organic input producers; (f) Rule on the appeal of farm/farm owner on decisions made by OCBs and the concerned municipal/city PGS groups on inspection and certification issues; and (g) Perform such other functions, duties and responsibilities as may be necessary to implement this Act. Rule 12.1. The DA-BAFS shall be restructured, strengthened and empowered, and shall be authorized to submit plantilla position requirements for its National Office and create Regional Field Units (RFUs) to ensure that the additional functions, duties, and responsibilities as provided in this Act are effectively and efficiently carried out. Page 23 of 51 Rule 12.2. To institutionalize DA-BAFS at the regional level, each DA-BAFS RFU shall have at least five (5) plantilla positions headed by a Supervising Science Research Specialist and shall be responsible for the following: 12.2.1. Provide technical and administrative support, including but not limited to the provision of manpower, for the implementation of DA-BAFS accreditation, registration, and monitoring and labeling enforcement; 12.2.2. Pre-assess applicants for core PGS group and PGS farm member certification and endorse qualified operators to DA-BAFS National Office; 12.2.3. Assist applicants and serve as enquiry point of registration and accreditation; 12.2.4. Coordinate with regional and private laboratories the sampling and testing of samples collected during the monitoring; 12.2.5. Assist on handling appeals and complaints relative to the implementation of organic agriculture regulations at the regional level; 12.2.6. Submit lists, updates, and reports to the DA-BAFS National Office on matters of organic agriculture regulations; and 12.2.7. Coordinate with the DA-RFOs and concerned regional offices all activities relative to the promotion of standards and regulations. Rule 12.3. The Standards Development Division, Technical Services Division, and Laboratory Services Division of the DA-BAFS shall be strengthened and capacitated through incremental staffing to provide support to Organic Agriculture Division (OAD) in carrying out additional functions, duties and responsibilities provided by this Act. Rule 12.4. In view of strengthening the DA-BAFS as a competent authority for organic agriculture, the DA-BAFS shall have an Assistant Director to assist the Director of DA-BAFS in overseeing the regulatory functions, and development and promotion of standards relevant to organic agriculture. It shall be appointed by the President of the Philippines. Rule 12.5. The OAD shall be headed by the Chief Science Research Specialist with Supervising Science Research Specialist. 12.5.1. The existing Organic Agriculture Accreditation Section shall be renamed as Accreditation Section to perform the functions, duties and responsibilities in accordance with Sections 13 (Accreditation of OCB) and 14 (Participatory Guarantee System) of this Act. It Page 24 of 51  shall have two units: 1. Third-party Organic Certifying Body (OCB) Unit covering domestic and international OCBs, and 2. Participatory Guarantee System Unit wherein the manpower complement shall be provided from the dissolved NOAB Secretariat Section. The Accreditation Section shall ensure that the organic certification schemes and accreditation requirements are aligned and harmonized with international standards. 12.5.2. The existing Organic Agriculture Registration Section shall be renamed as Registration Section and shall be responsible for the registration of integrated organic farms, and organic inputs such as organic soil amendments and organic bio-control agents consistent with Section 17 (Registration of Organic Producers, Produce, Inputs, and Organic Processed Foods) of this Act. 12.5.3. The existing Organic Agriculture Networking Section shall be renamed as Monitoring and Labeling Enforcement Section and shall be responsible for the verification of continued compliance by organic operators with standards and regulations relevant to DA-BAFS’ regulatory functions in accordance with Sections 17 (Registration of Organic Producers, Produce, Inputs, and Organic Processed Foods), 18 (Labeling of Organic Produce) and 19 (Retailing of Organic Produce) of this Act. This Section shall also be responsible for handling appeals and complaints relevant to DA-BAFS regulatory functions. Rule 12.6. The DA-BAFS shall formulate and/or update organic agriculture standards of fresh, primary and postharvest which would cover crops, poultry and livestock, and fish and fishery products including its labeling and production practices, as necessary. Production and postharvest processing of organic produce shall comply with applicable on-farm food safety standards, guidelines, and codes of practice. Rule 12.7. All standards adopted shall, as applicable, be disseminated in any available media. Rule 12.8. The DA-BAFS shall formulate the necessary policies and guidelines for the handling of appeals and complaints of PGS groups and their clients, subject to the approval of the NOAB. Rule 12.9. The DA-BAFS shall provide technical assistance to the NOAB and NOAP-NPCO relevant to its functions, duties, and responsibilities provided in this Section, to support the implementation of programs and projects identified by the NOAB. The DA-BAFS shall submit quarterly reports to the NOAB through the NOAP-NPCO. Page 25 of 51 Section 13. Accreditation of OCB – The BAFS is hereby designated and authorized to grant official accreditation to an OCB or entity. The BAFS is tasked to formulate the necessary rules and procedures in the accreditation of OCBs performing third- party certification, or granting certification as part of the PGS: Provided, That there shall be at least one (1) accredited OCB, performing third-party certification, each in Luzon, Visayas and Mindanao, or in case of only one (1) OCB performing third-party certification is accredited, it shall have at least one (1) satellite office or processing unit each in Luzon, Visayas and Mindanao. Rule 13.1. The DA-BAFS shall be authorized to accredit OCBs or entities that shall perform certification and inspection of organic management systems in accordance with the applicable current PNS for OA and relevant regulations. Rule 13.2. The DA-BAFS shall review and revise, as appropriate, existing guidelines, rules, and procedures for the accreditation of OCBs. Likewise, DA-BAFS shall develop policies and guidelines for the accreditation of Core PGS groups or any qualified entity applying for accreditation, and related activities such as handling complaints and appeals relating to the operations of accredited PGS groups. These policies and guidelines shall be subjected to the approval of the NOAB. Rule 13.3. The DA-BAFS shall create a TWG tasked to evaluate the results of inspections and assessments, to recommend decisions for accreditation to the DA-BAFS Director. The TWG shall be composed of individuals competent in organic agriculture, fisheries, inputs, environment, quality infrastructure, and relevant standards and regulations. The TWG members tapped as inspectors or assessors for the purposes of Section 13 (Accreditation of OCB), shall not be part of the evaluation process to avoid conflict of interest. Rule 13.4. If there is only one (1) accredited third-party OCB in the country or only one (1) accredited third-party OCB for a particular scope, it shall maintain a satellite office or processing unit, either a physical office or in the form of an authorized OCB personnel, each based in Luzon, Visayas, and Mindanao. Rule 13.5. The DA-BAFS shall issue accreditation certificates valid for five (5) years, subject to annual surveillance audits. Rule 13.6. All organic certificates issued by the accredited OCBs shall be valid for three (3) years, subject to annual inspections. Rule 13.7. The DA-BAFS shall maintain and publish the list of accredited OCBs, and shall ensure that the list is periodically updated. Rule 13.8. Accreditation policies and guidelines shall be made available to the public through DA-BAFS website and other means of communication. Rule 13.9. The DA-BAFS and the Philippine Accreditation Bureau (PAB) of the DTI (DTI-PAB), as the National Accreditation Body of the country, shall strengthen its collaboration to ensure effective implementation of the accreditation of OCBs such as, but not Page 26 of 51  limited to, the conduct of joint assessments and capacity building. Section 14. Participatory Guarantee Systems (PGS) – (a) Basic Principles. The PGS shall be the mechanism by which small farmers/fisherfolk, their farms/associations/cooperatives shall be certified as engaged in organic agriculture and as producers of organic agriculture products. The participatory organic certification from a government agency or OCBs, organized in accordance with this Act, shall be promoted and accepted. The products certified through the PGS shall be traded only in the domestic market, unless covered by an international certification or a mutual recognition agreement. An association or group under the PGS shall adhere to the PNS for organic agriculture. Further, associations or groups under the PGS shall adopt the following features and characteristics: (i) Existence of organic agriculture norms conceived by the organic agriculture stakeholders, norms that are appropriate to smallholder agriculture; (ii) Grassroots organization: the participatory certification should be perceived as a result of a social dynamic, based on the active participation of all stakeholders; (iii) Existence of principles and values that enhance the livelihoods and well-being of farming families and promote organic agriculture; (iv) Documented management systems and procedures; (v) Provision of mechanisms to verify farmer’s compliance to established norms; (vi) Provision of mechanisms for supporting farmers to produce organic products and be certified as organic farmers, which shall include field advisors, newsletters, farm visits, web sites, among others; (vii) Existence of a bottom-line document, such as a farmer’s pledge, that shall state his/her agreement to the established norms; (viii) Introduction or use of seals or labels providing evidence of organic status; and (ix) Existence of a clear and previously defined set of recommendations and measures against farmers who fail to comply with the standard. (b) Legal Personality. The core PGS group shall be registered with the municipality/city where the PGS group is predominantly located. It shall secure a mayor’s permit from said municipality/city, possession Page 27 of 51  of which shall suffice as proof of registration and the grant of legal personality, which however shall be limited only to PGS transactions. The national organization of LGUs actually engaged in organic agriculture shall also secure a legal personality for purposes of accreditation by the BAFS. Any other OCB shall secure a mayor’s permit from the municipality/city where it intends to operate and possession of which shall suffice to grant them legal personality for purposes of accreditation by the BAFS. (c) Certification. The BAFS shall provide the guidelines for the certification of farms, pursuant to the provisions of this Act. A farm/farm owner applying for certification as an organic agriculture practitioner shall join a PGS group in the same municipality/city where his/her farm is located, or with a PGS group in a municipality/city within the same province to which he/she, as the farm owner, regularly interacts or conducts business with. The farm/farm owner shall apply for a participatory organic certificate with a core PGS group of the PGS group where the farm belongs; or with a national organization of LGUs initiating organic agriculture practices, a member of which is the municipality/city where the PGS group is located; or with any private group or organization actually engaged in organic agriculture and operating in that municipality/city; any of which is accredited as an OCB. The decision of any of the abovementioned OCBs shall be appealable to the BAFS: Provided, That the BAFS shall rule on the appeal within thirty (30) days from its receipt. Otherwise, the appealed decision shall be considered reversed. The withdrawal of membership in the PGS group shall mean forfeiture of the privilege for the farm/farm owner to use the participatory organic certificate. In case a member of the core PGS group representing a farm applies for renewal of certification with the same core PGS group, the member of the core PGS group must inhibit himself/herself before the application for renewal can be considered. (d) Accreditation. The BAFS shall provide the guidelines for accreditation. A registered core PGS group shall apply for accreditation with the BAFS. A core PGS group shall be accorded accreditation by the BAFS only if it has at least five (5) members, coming from different farms within the municipality/city or within the province, certified and actually practicing organic agriculture. The BAFS shall extend technical and financial support to a core PGS group in its application for accreditation. For purposes of this Section, the BAFS is hereby authorized to certify five (5) individual farms as a core PGS group: Provided, that once such core PGS group is accredited to certify, it can subsequently certify as organic agriculture compliant other core PGS groups: Provided, further, That the authorization to certify shall be deemed revoked when the core Page 28 of 51  membership becomes less than five (5) or any of the minimum five (5) member farms becomes noncompliant to organic agriculture standards. A national organization of LGUs actually initiating or engaged in organic agriculture; or any private group or organization actually engaged in organic agriculture, as direct farm producer, as a promoter/advocate of the ways, methods and principles of organic agriculture, or as a marketer of organic agriculture produce; may also apply for accreditation as an OCB. The BAFS shall issue its decision on the application for accreditation by a core PGS group or any qualified entity applying for accreditation within sixty (60) days from the submission of the complete requirements. Failure to render a decision within such period shall be deemed an approval of the application for accreditation as an OCB. The BAFS shall not charge any application fee. (e) Organizational Levels. (1) The Core PGS Group. Every core PGS group should have at least five (5) members, composed of farmers from a combination of both the crops and livestock sectors. It may add to its membership farmers from other sectors in agriculture, NGOs, people’s organizations, buyers of organic agriculture products, suppliers of organic inputs, among others, who all lives or operate within the province and regularly interact with the concerned PGS group. Each core PGS group shall have the following duties and responsibilities: (i) Develop an understanding of the organic standards; (ii) Make sure farm practices are compliant; (iii) Make a pledge that they understand and adhere to the organic standards; (iv) Conduct inspection and certification activities of member farms. At least a majority of the members of the core PGS group who joined in the actual inspection and certification activity should sign on the truthfulness of the findings of the inspection and certification activity; (v) Recommend which farms will be certified; (vi) Initiate key field trainings for farmer-members and residents in their locality to promote organic agriculture; (vii) Attend municipal/provincial PGS meetings and share information. (viii) Take actions on defaults/noncompliance as per sanction guidelines to be provided by the BAFS, OCBs and municipality/city PGS groups; and (ix) Assist defaulting and non-compliant members to regain certification status. Page 29 of 51  (2) Municipal/City PGS Group. The municipal/city PGS group shall be composed of the following: 1) One (1) representative for each core PGS group in the municipality/city; and 2) One (1) representative from a regional agricultural state university or college (SUC) or local private agricultural educational institution: Provided, that there should be at least two (2) core PGS groups in the municipality/city before a municipal/city PGS group can be established. The municipal/city PGS group shall conduct its business and affairs based on the majority decision of the members present, after having secured a quorum. The municipal/city PGS group shall have the following powers, duties and responsibilities: (i) Together with the BAFS, develop or update and implement the PGS, as provided in this Act; (ii) Ensure that compliant farmer members continue to comply with all the requirements of the applicable PNS for organic agriculture and relevant regulatory requirements; (iii) Maintain a registry of core PGS groups operating within its area of jurisdiction, which shall be forwarded to the BAFS on year-end for the latter’s national database; (iv) Together with the OCB involved in the inspection and certification activity, and in coordination with the BAFS, issue participatory organic certificate and the “PGS Guaranteed Organic” label/mark to compliant small farmer/fisherfolk and/or their farm/association/cooperative; and (v) Submit regularly to the BAFS a list of certified small farmer/fisherfolk and/or their farm/association/cooperative. In case a municipal/city PGS group has yet to be established, the BAFS, in coordination with the LGU concerned, shall assume the powers, duties and responsibilities of this group. (3) Provincial and National PGS group. It shall be the option of the PGS groups to form their aggrupation at the provincial and national levels. They shall receive the financial and technical assistance, support and guidance of the departments in the NOAB and the BAFS in this regard. The provincial governments shall encourage and support the formation and activities of the