AN ACT AMENDING REPUBLIC ACT NO. 10068 OR THE ORGANIC AGRICULTURE ACT OF 2010

Eighteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty.

[ REPUBLIC ACT NO. 11511, December 23, 2020 ]

AN ACT AMENDING REPUBLIC ACT NO. 10068 OR THE ORGANIC AGRICULTURE ACT OF 2010

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

Section 1. Section 1. Section 2 of Republic Act No. 10068, otherwise known as "An Act Providing for the Development and Promotion of Organic Agriculture in the Philippines and for Other Purposes", is hereby amended, to read as follows:

Section 2. Section 3 of Republic Act No. 10068 is hereby amended, to read as follows:

Section 3. Section 4 of Republic Act No. 10086 is hereby amended, to read as follows:

Section 4. Section 7 is hereby amended, to read as follows:

Section 5.Section 8 is hereby amended, to read as follows:

Section 6. Section 10 and 11 of Republic Act No. 10068 are hereby repealed and a new Section 10 is hereby inserted, to read as follows:

Section 7. Section 12 of Republic Act No. 10068 is hereby amended and renumbered as Section 11 of this Act, to read as follows:

Section 8. A new Section 12 is hereby inserted after the new Section 11, to read as follows:

Section 9. Section 15 of Republic Act No. 10068 is hereby amended and renumbered as Section 13 of this Act, to read as follows:

Section 10. A new Section 14 is hereby inserted, to read as follows:

Section 11. Section 13 of Republic Act No. 10068 is hereby renumbered as Section 15.

Section 12. Section 14 of Republic Act No. 10068 is hereby amended and renumbered, to read as follows:

Section 13.Section 16 of Republic Act No. 10068 is hereby repealed and replaced with a new Section 17, to read as follows:

Section 14. Section 17 of Republic Act No. 10068 is hereby amended and renumbered, to read as follows:

Section 15. Section 18 of Republic Act No. 10068 is hereby renumbered accordingly.

Section 16. Section 19 of Republic Act No. 10068 is hereby repealed and a new section is inserted, to read as follows:

Section 17. Section 20 to 24 of Republic Act No. 10068 are hereby renumbered accordingly.

Section 18. Section 25 of Republic Act No. 10068 is hereby amended and renumbered, to read as follows:

Section 19. Section 26 is hereby amended and renumbered, to read as follows:

Section 20. Section 27 of Republic Act No. 10068 is hereby amended and renumbered as Section 28, to read as follows:

Section 21. Sections 28 to 32 are hereby renumbered accordingly.

Section 22. Separability Clause. - If any provisions of this Act is held invalid or unconstitutional, the other provisions not so declared shall remain in force and effect.

Section 23. Repealing Clause. - All laws, orders and rules and regulations contrary to, or inconsistent with, the provisions of this Act are hereby repealed or amended accordingly.

Section 24. 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.

Approved,

This Act which is a consolidation of Senate Bill No. 1318 and House Bill No. 6878 was passed by the Senate of the Philippines on October 13, 2020 and the House of Representatives in a special session on October 16, 2020.

Approved: DEC 23 2020

(SGD.) RODRIGO ROA DUTERTE
President of the Philippines

"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 nationwide 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 organic agricultural system as a viable alternative shall be undertaken.

x x x."

"Section 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows:

x x x

(c) Organic production system   is a system designed to:

(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 recognize the competence of an OCB to provide inspection and certification services. This shall be solely and exclusively exercised by the designated agency or agencies in this Act, pursuant to the mandates stated herein.

x x x.

(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 semichemicals.

(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 which 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.

(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:

(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."

"Section 4. Coverage. - The provision of this Act shall apply to the development and promotion of organic agriculture and shall include, but not limited to, the following:

x x x

(c) Promotion and encouragement of the establishments 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 focus on the farmers, prioritizing small farmers/fisherfolk and their organizations and other stakeholders."

x x x

"Section 7. Composition of the NOAB. - The NAOB shall consist of the following members:

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 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.

"Section 8. - Organization of the NOAB. -

x x x

The Chairperson shall call the members of the NAOB, 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 NAOB shall constitute a quorum. The NOAB shall meet at least once every quarter after its constitution.

x x x"

"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."

"Section 11. Work Plan. - In line with the National Organic Agriculture Program, the NOAP-NPCO shall submit to the Board for approval the following:

x x x."

"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:

"Section 13. Accreditation of OCB. - The BAFS is hereby designated and authorized to grant official accreditation to an OCB 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."

"Section 14. Participatory Guarantee System (PGS). -

"Section 16. Local Executive Concerns. - Every provincial governor shall, insofar as practicable x x x.

x x x

x x x

Local government units shall coordinate with the DA-Bureau of Plant Industry for the establishment and/or strengthening of local organic seed centers in order to increase farmers adoption to organic agriculture.

The municipalities and cities are hereby enjoined to enact ordinances that shall protect organic farming zones and organic farming practices.

x x x."

"Section 17. Registration of Organic Producers, Produce, Inputs, and Organic Processed Food. - The BAFS of the DA shall be responsible for the registration of integrated organic farms and organic inputs such as organic soil amendments and organic bio-control agents. The Bureau of Plant Industry (BPI) of the DA shall be responsible for the registration of organic seeds, planting materials and crops.

Further, the Bureau of Animal Industry (BAI) of the DA shall be responsible for the registration of organic agriculture farms, livestock and poultry and its feeds. The Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be responsible for the registration of organic fisheries and aquaculture resources and organic aquaculture feeds.

The BAFS, BPI, BAI, and BFAR of the DA shall come up with a single unified set of rules and regulations for the registration of organic produce and inputs.

The Food and Drug Administration (FDA) of the Department of Health (DOH) shall be responsible for the product registration of organic processed food. It shall formulate its rules and regulations for the registration of organic pre-packaged and processed food."

"Section 18. Labeling of Organic Produce. - The label of organic produce shall contain the name, logo or seal of the OCB and the accreditation number issued by the BAFS. The organic label/mark shall also included the trade name, as defined by pertinent domestic property rights laws, and the address of origin of the produce.

Products which are certified and guaranteed by third-party organic certification system and the PGS shall be allowed to be labelled and sold as organic."

"Section 20. Market Development and Trade Promotion. - The agribusiness and marketing assistance service of the DA, in collaboration with other relevant agencies, shall develop and implement market development and trade promotion programs for organic agriculture, including, but not limited to, the following:

"SEC. 26. Appropriations. x x x.

The Department of Budget and Management shall include annually in the President's program of expenditure for submission to and approval by Congress One billion pesos (P1,000,000,000.00) for the promotion and development of the national Organic Agriculture Program, allocated as follows:

Thirty-five percent (35%) for shared facilities;

Twenty-five percent (25%) for seeds development/planting materials and animals distribution and feed for aquaculture, soil amendments and bio-control agents;

Twenty percent (20%) for extension and training;

Five percent (5%) for socialized credit;

Five percent (5%) for small scale irrigation system;

Five percent (5%) for research and development;

and

Five percent (5%) for marketing and promotion.

x x x."

"SEC. 27. Penal Provisions and Other Penalties. - Any person who willfully and deliberately:

x x x

"SEC. 28. Implementing Rules and Regulations. - The NOAB shall adopt rules and regulations to implement provisions of this Act within ninety (90) days from the effectivity of this Act and submit the same to the COCAFM. In the drafting of the implementing rules and regulations, the Department of Finance (DOF) shall be consulted in connection with the tax incentive provided under Section 25 hereof."