RA 10068 - Organic Agriculture Act of 2010 PDF

S. No. 3264 soil, increase farm productivity; reduce pollution and destruction of the H. No. 7066 environment, prevent the d...

S. No. 3264 soil, increase farm productivity; reduce pollution and destruction of the H. No. 7066 environment, prevent the depletion of natural resources, further protect the health of Republic of the Philippines farmers, consumers and the general public, and save program for the promotion of community-based organic agriculture systems which include, among others, farmer- Congress of the Philippines produced purely organic fertilizers such as compost, pesticides and other farm inputs, together with a nationwide educational and promotional campaign for their Metro Manila use and processing, as well as the adoption of organic agricultural system as a viable alternative shall be undertaken. Fourteenth Congress The State recognizes and supports the central role of the farmers, indigenous Third Regular Session people and other stakeholders at the grassroots in this program. SEC. 3. Definition of Terms.- For purposes of this Act, the following terms Begun and held in Metro Manila, on Monday, the twenty-seventh day of shall be defined as follows: July, two thousand nine. _____________ (a) Organic refers to the particular farming and processing systems, described in the standards and not in the classical chemical sense. The term [ Republic Act No. 10068 ] “organic” is synonymous in other languages to “biological” or “ecological”. It is also a labeling term that denotes products considered organic based on the AN ACT PROVIDING FOR THE DEVELOPMENT AND PROMOTION OF Philippine National Standards for organic agriculture. ORGANIC AGRICULTURE IN THE PHILIPPINES AND FOR OTHER PURPOSES (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 Be it enacted by the Senate and House of representatives of the Philippines in Congress external inputs by refraining from the use of chemical fertilizers, pesticides and assembled: 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 SECTION 1. Title. – This Act shall be known as the “Organic Agriculture Act of with the principles and policies of this Act, and enhance productivity without 2010”. destroying the soil and harming farmers, consumers and the environment as defined by the International Federation of Organic Agriculture Movement (IFOAM): SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to Provided, That the biotechnology herein referred to shall not include genetically promote, propagate, develop further and implement the practice of organic agriculture in modified organisms or GMOs. the Philippines that will cumulatively condition and enrich the fertility of the  (c) Organic production system is a system designed to: 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) (1) enhance biological diversity within th whole system; and farm wastes (grass clippings, dead or decayed plants, leaves, fruits, vegetables. branches, twigs and the like). (2) increase solid biological activity; (f) Ecologically-sound refers to a state, quality or condition of a product, (3) maintain long-term solid fertility practice, system, development mode, culture, environment and the like, in accord with the 1987 Philippine Constitution, and as expounded in the above definition of (4) recycle wastes of plant and animal origin in order to return nutrients to organic agriculture. the land, thus minimizing the use of nonrenewable resources; (g) Commercialization is a process of introducing a new agricultural and (5) rely on renewable resources on locally organized agricultural systems ; fishery technology either as product, process or service that has undergone the intensive innovative activities of assessment, promotion and transfer for economic (6) promote the healthy use of soil, water and air as well as minimize all benefit. forms of pollution thereto that may result from agricultural practices; (h) Certification is the procedure by which official certification bodies or (7) develop and promote the use of biotechnology in agriculture; officially recognized certification bodies provide written or equivalent assurance that foods or food control systems conform to requirements. (8) handle agricultural products with emphasis on careful processing methods in order to maintain the organic integrity and vital qualities of the product (i) Accreditation is the procedure by which a government agency having at all stages ; and jurisdiction formally recognizes the competence of an inspection and/or certification body to provide inspection and certification services. (9) become established on any existing farm through a period of conversion, the appropriate length of which is determined by site-specific factors such as the (j) First party certification is defined as when the certification criteria and history of the land, and type of crops and livestock to be produced. rules are set and monitored/enforced by the producer or company itself. (d) Conversion period refers to the time between the start of the organic (k) Second party certification is defined as when the certification criteria management and the certification of crops, animal husbandry or aquaculture and rules are set by buyers or industry organizations products as organic. (l) Third party certification or independent certification is defined as when a (e) Biodegradable wastes refer to organic matter for compost/ organic firm requires that its suppliers meet a certain standard and requests an independent fertilizer for the organic cultivation, farming of food crops and include discards organization that is not involved in the business relationship to control the segregated farm nonbiodegradable wastes coming from the kitchen/household compliance of the suppliers. (leftovers, vegetables and fruit peelings and trims, fish/fowl cleanings, seeds, bones, soft paper  (m) Organic food establishment refers to an entity, whether local or foreign, SEC. 6. National Organic Agricultural Board (NOAB). – To carry out the that produces fresh or processed organic food. 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 (n) Organic input establishment refers to an entity, whether local or foreign for the implementation of the National Organic Agricultural Program. The NOAB that produces inputs acceptable for organic agriculture. shall be attached to the Department of Agriculture (DA). SEC. 4. Coverage. – The provisions of this Act shall apply to the The NOAB shall ensure the full participants of Pos, NGOs, and the general development and promotion of organic agriculture and shall include, but not limited public through coordination and consultative mechanisms such as, but not limited to, the following: to, public hearings, meetings and joint projects. (a) Policy formulation on regulation, registration, accreditation, certification SEC. 7. Composition of the NOAB. – The NOAB shall consist of: and labeling on organic agriculture; (a) The Secretary of Agriculture, or his duly authorized permanent (b) Research, development and extension of appropriate sustainable representative, with a rank of Undersecretary, as Chairperson; environment and gender-friendly organic agriculture; (b) The secretary of the Interior and Local Government, or his duly (c) Promotion and encouragement of the establishment of facilities, authorized permanent representative; equipment and processing plants that would accelerate the production and commercialization of organic fertilizers, pesticides, herbicides and other appropriate (d) The Secretary of Environment and Natural Resources, or his duly farm inputs; and authorized permanent representative; (d) Implementation of organic agricultural programs, projects and activities , (e) The Secretary of Education, or his duly authorized permanent including the provision and delivery of support services with focus on the farmers representative; and other stakeholders. (f) The Secretary of Agrarian Reform, or his duly authorized permanent SEC. 5. National Organic Agricultural Program. – There is hereby representative; established a comprehensive organic agricultural program through the promotion and commercialization of organic farming practices, cultivation and adoption of (g) The Secretary of Trade and Industry, or his duly authorized permanent production and processing methods which have already been developed, or to be representative; developed, continuing research and upgrading thereof, the capacity building of farmers and the education of consumers thereon, the extension of assistance to local (h) The Secretary of Health, or his duly authorized permanent government units (LGUs), peoples’ organizations (Pos), nongovernment representative; organizations (NGOs) and other stakeholders including individuals and groups who are willing to do other pertinent activities, and documentation and evaluation of the program.  (i) Three (3) representatives form the small farmers; and The NOAB shall also determine its budget, including travel expenses, allowances and per diems of its nongovernment members when attending official (j) A representative each from the NGOs involved in sustainable agriculture NOAB meetings or attending to matters assigned to them subject to accounting and for at least three (3) years; agriculture colleges and universities; and private sector auditing rules and regulations. or agribusiness firms as member. SEC. 9 Powers and Functions of the NOAB. – The NOAB shall have the The designated aforementioned representatives of the various departments following powers and functions: shall be occupying positions not lower than a bureau director level shall be coterminous basis. (a) Formulate policies, plans, programs and projects to develop and promote organic agriculture, production, processing and trade; The representatives of small farmers and NGOs, and or agricultural colleges and universities, shall be chosen by the Secretaries of Agriculture and Science and (b) Oversee the successful implementation of the National Organic Technology respectively, from among nominees submitted to the agents concerned Agricultural Program; by their respective national organizations. These representatives must be conversant in organic agriculture and committed to the policies and programs provided under (c) Identify sources of financing to expand organic agriculture; this Act. (d) Monitor and evaluate the performance of programs for appropriate The existing National Organic Agriculture Board create pursuant to incentives; Executive Order No. 481 shall continue to function until the new NOAB created herein has been constituted pursuant to Section 8 hereof. (e) Undertake measures for the international recognition of local certification of organic products; SEC. 8. Organization of the NOAB. – Within sixty (60) working days form the effectivity of this Act, the nation organizations of small farmers, of NGOs and (f) Call upon any government agency to carry out and implement programs agricultural colleges and universities shall submit their respective nominees to the and projects identified by the NOAB; 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 (g) call upon private sectors, Pos and NGOs and the academe to provide qualified members to the NOAB. advice on matters pertaining to organic agriculture and conduct of capability- building initiatives to farmers, producers, extension workers, consumers and other The Chairperson shall call the members of the NOAB on majority thereof if stakeholders in agriculture sector in coordination with the Agricultural Training not all have been designated, to a meeting organize themselves and prescribe its Institute; rules and procedures the attainment of the objectives of this Act. A majority of all the members of the NOAB shall constitute a quorum. (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 (a) A plan of bringing the program down to the grassroots, utilizing objectives of this Act; and available personnel and facilities on the local level and those of LGUs; (j) Perform such other functions as may be necessary for its effective (b) A pattern of cooperation and mutual assistance with LGUs, Pos and operations and for the continued enhancement, growth or development of organic NGOs, which will maximize people empowerment and participatory approaches to agriculture. program formulation, implementation and monitoring; and SEC. 10. The Bureau of Agriculture and Fisheries Product Standards (c) A schedule of short-term, medium-term and long-term targets on (BAFPS) of the DA.- The BAFPS of the DA shall be strengthened and empowered research and development, marketing, trade promotion/ initiatives, capacity in terms of establishing functional divisions and incremental staffing to serve as the building, among others. national technical and administrative secretariat of the NOAB with the member agencies providing additional staff support as the need arises. SEC. 13. Organic Agriculture and Protection of the Environment. – The NOAB shall constantly devise and implement ways and means not only of SEC. 11. Functions, Duties and Responsibilities of the BAFPS. – The producing organic fertilizers and other farm inputs and needs on and off the farm BAFPS, in addition to its existing functions, duties and responsibilities shall but also helping to alleviate the problems of industrial waste and community perform the following functions, duties and responsibilities for purposes of this Act: garbage disposal through appropriate methods of sorting, collecting and composting. The BAFPS shall conduct continuing studies, with consultations (a) Implement organic agriculture programs and projects approved by the among the people and officials involved as well as Pos and NGOs, in order to NOAB; 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 (b)Update the NOAB on the status of the programs, projects and activities materials for the production of organic fertilizer and other farm inputs. undertaken for the development and promotion of organic agriculture; SEC. 14. Local Executive Committees. – Every provincial governor shall, (c) Create effective networking with the various stakeholder involved in insofar as practicable, form a provincial technical committee, and which shall in organic production; and coordination with and assistance of the BAFPS/DA-regional Field Units (RFUs) implement activities in line with the National Organic Agricultural Program within (d) Perform such other functions, duties and responsibilities as may be each province. necessary to implement this Act and as directed by the NOAB. Every municipal mayor shall likewise, insofar as practicable, form a SEC. 12. Work Plan. – In line with National Organic Agricultural Program, municipal technical committee for purposes of implementing activities in line wit h the BAFPS shall submit to the Board for approval the following: the National Organic Agricultural Program within each municipality.  (d) For organic food establishment, the name, address and contact A local government unit that intends to shift its area of responsibility to information of the organic food certifying body that certified the organic products organic agriculture must ensure that local industries have been adequately informed sold by the company; and consulted and that a viable plan to ensure supply for vulnerable industries is in place. (e) An assurance that the registrant will notify the director of any change in the products function of legal status of the domestic food establishment (including The governors shall monitor implementation of and compliance with this cessation of business activities) not later that thirty (30) days after such change; and Act within their respective jurisdictions. (f) For organic input producers, a list of materials used in the production of SEC.15. Accreditation of Organic Certifying Body. – The BAFPS is hereby each particular input. 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 SEC. 17. Labeling of Organic Produce. – The label of organic produce shall the accreditation of organic certifying body: Provided, That there shall be at least contain the name, logo or seal of the organic certifying body and the accreditation one (1) accredited organic certifying body each in Luzon, Visayas and Mindanao or number issued by the BAFPS. Only third party certification is allowed to be labeled in case of only one (1) organic certifying body is accredited, it shall have at least as organically produced. one (1) satellite office or processing unit each in Luzon, Visayas and Mindanao. SEC. 18. Retailing of Organic Produce. – Retail establishments or stores of SEC.16. Registration of Organic Food and Organic Input Producers. – All organic produce shall designate a separate area to display the organic produce to organic food and input establishments must register with the director, BAFPS, avoid mixing it with non-organic produce. registration under this section shall begin within ninety (90) days of the enactment of this Act. Each such registration shall be submitted to the director through an SEC.19. Availability of Trading Post for Organic Inputs. – Local chief electronic portal and shall contain such information as the director by guidance may executives shall establish, as far as a practicable, at least one (1) trading post for determine to be appropriate. Such registration shall contain the following organic inputs for every LGU in their area of jurisdiction. information: SEC. 20. Research, Development and Extension/ - The Bureau of (a) The name, address and emergency contact information of each organic Agricultural Research (BAR), as the lead agency, shall coordinate with the other food input or establishment that the registrant owns or operates; agencies of the DA, the Department of Agrarian Reform (DAR), the Department of Science and Technology (DOST), the Department of Education (DepED), the (b) The primary purpose and business activity of each organic food or input Department of the Interior and Local Government (DILG), the strategic establishment, including the dates of operation if the organic food establishment is agricultural-based state universities and colleges (SUCs) including private seasonal; organizations, to develop, enhance, support and consolidate activities and related technologies for the formulation and implementation of a unified and integrated (c) A list of the organic food or input produced and corresponding brand organic agriculture RDE plans and programs from the national to the field level. names; The organic agriculture RDE plans and programs shall include, but not be limited demonstration programs. Incentives shall also be provided to farmers whose farms to, the following: have been duly certified as complaint to the Philippine National Standard (PNS). Further, the DA may give cash reward in recognition of the best organic farm in the (a) Research, development and commercialization of appropriate, innovative country. The DA, the DAR, the DOST, the DILG, the Department of Trade and and viable organic agricultural technologies; Industry (DTI), the DepED, the Department of Finance (DOF), the Land Bank of the Philippines (LBP), and other government leading and non-leading institutions (b) Nationwide promotion of developed and commercially viable shall also assist organic input producers and organic farmers through the provision biodegradable farm wastes and by-products through various extension strategies to of adequate financial, technical, marketing, and other services and resources. These accelerate the production, use and distribution of organic fertilizers; and include, but shall both be limited to the following: (c) Conduct research for market development, policy formulation, regulation (a) Exemption from the payment of duties on the importation of agricultural and certification. equipment, machinery and implements as provided under Republic Act No. 9281, which amends Republic Act No. 8435 or the Agriculture and Fisheries SEC.21. Creation of Organic Agriculture RDE Network.- An organic Modernization Act (AFMA); agriculture RDE network shall be organized by the BAR, composed of research and educational institutions, LGUs, nongovernment agencies and the recognized (b) Identification by LGUs of local taxes that may be offered as incentives association of organic fertilizer manufacturers and distributors, agricultural to organic input producers and users by the LBP engineers, agriculturists, soil technologist, farmers group and/or associations. (c) Provision of preferential rates and special window to organic input SEC. 22. RDE Centers. - National regional provincial organic R&D and producers and users by the LBP. extension centers shall be organized, established and integrated as a major component of the existing RDE centers of the DA, the DOST, the DENR, SUCs (d) Subsidies for certification fees and other support services to facilitate and the LGUs. These will be strengthened and enhanced to spearhead the integrated organic certification; program to develop and promote organic agriculture throughout the country. (e) Zero-rated value-addded tax (VAT) on transactions involving the SEC. 23. Organic Agriculture in the Formal and Non-formal Sectors. – The sale/purchase of bio-organic products, whether organic inputs or organic produce; National Government., through the DEP ED and in coordination with concerned and government agencies, NGOs and private institutions, shall strengthen the integration of organic agriculture concerns in school curricula at all levels. (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 SEC.24. Incentives.- The government shall extend incentives for the levied by the National Government. production and propagation of organic farm inputs by maximizing their use in all government and government –supported agricultural production, research and The tax incentives shall be given only to purely organic agriculture entitites/ farmers and shall be subject to the accreditation of the BAFPS and periodic reporting by 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 SEC. 27. Implementing Rules and Regulations. – The NOAB shall adopt Republic Act No. 9501 or the Magna Carta for Micro, Small and Medium rules and regulations to implement the provisions of this Act within ninety (90) Enterprises. days form 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 SEC. 25. Appropriations. – The sum of Fifty million pesos DOF shall be consulted to connection with the tax incentives provided under (Php50,000,000.00) and the existing budget for the production of organic farming Section 24 hereof. 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 SEC. 28. Annual Report. – The NOAB shall render an annual report to both NOAB and the implementation of the program shall be included in the annual Houses of Congress on the accomplishment of the program. A review on the General Appropriate Act (GAA). viability of the program shall be made by the concerned agencies after three (3) years of its implementation. The NOAB is hereby authorized to solicit and accept assistance or facilities in the form of grants form individuals and entities here and abroad, and to utilize SEC. 29. Congressional Oversight Committee. - The COCAFM shall be the these funds and resources for purposes of this Act, subject to the usual budget, congressional oversight committee for purposes of this Act. The COCAFM shall accounting and auditing rules and regulations. review and approve the implementing rules and regulations of this act and also perform the following functions: SEC. 26. Penal Provision. – Any person who willfully and deliberately: (a) Monitor and ensure the proper implementation of this Act; (a) obstructs the development or propagation of organic agriculture, or the manufacture, production, sale or use of organic agricultural inputs; (b) Review the proper implementation of the programs on organic agriculture and the use of its funds; (b) refuses without just cause to extend the support and assistance required under this act and (c) Review the performance of the NOAB; and (c) Mislabels or claims that the product is organic when it is not in (d) Such other functions it deems necessary. accordance with the existing standard for Philippine organic agriculture or this Act shall, upon conviction, be punished by imprisonment, of not less that one (1) month SEC. 30. Separability Clause. – IF any provision of this Act is declared nor more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the invalid or unconstitutional, the other provisions not affected thereby shall remain in court. If the offender is a corporation or a juridical entity, the official who ordered full force and effect. 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 SEC. 31. Repealing Clause. – All laws, presidential decrees, executive office. orders, presidential proclamations, rules and regulations or parts thereof contrary to or inconsistent with this Act are hereby repealed or modified accordingly.  SEC. 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 JUAN PONCE ENRILE Speaker of the House President of the Senate Of Representatives 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 EMMA LIRIO-REYES Secretary General Secretary of the Senate House of Representatives Approved: APRIL 6, 2010 GLORIA MACAPAGAL-ARROYO President of the Philippines