Title
Amendments to Organic Agriculture Act
Law
Republic Act No. 11511
Decision Date
Dec 23, 2020
Republic Act No. 11511 promotes and implements organic agriculture in the Philippines, aiming to enrich soil fertility, increase farm productivity, protect the environment, and raise awareness among consumers about the benefits of organic products.

Questions (PRESIDENTIAL DECREE NO. 1667-A)

It emphasized promoting, propagating, developing, and implementing organic agriculture to enrich soil fertility, increase productivity and farmers’ incomes, reduce pollution and environmental destruction, prevent depletion of natural resources, protect health of farmers/consumers/public, save on imported farm inputs, and promote food self-sufficiency. It also directed development of community-based organic agriculture systems and nationwide educational/awareness campaigns among consumers.

It specifies that an organic production system is designed to enhance biological diversity within the whole system, increase soil biological activity, maintain long-term soil fertility, and (as reflected in the text excerpt) generally align production with organic standards.

“Certification” is the procedure where a government agency or Organic Certifying Body (OCB) provides written/equivalent assurance that farms or production/processing systems conform to organic standards. “Accreditation” is the procedure where a government agency with jurisdiction formally recognizes an OCB’s competence to provide inspection and certification services; in the Act, this is “solely and exclusively” exercised by the designated agency/entities.

BAFS is restructured/strengthened and given functions such as: formulating/updating organic agriculture standards; issuing accreditation to OCBs; conducting inspections for PGS compliance with Philippine National Standards (PNS) and publishing compliant PGS lists yearly; issuing registration of organic inputs (soil amendments, bio-control agents); issuing registration of integrated organic farms and organic input products; making rules on appeals involving OCB decisions and municipal/city PGS inspection/certification issues; and performing other necessary functions to implement the Act.

To manage effective implementation of the National Organic Agriculture Program by strengthening DA (Office of the Secretary), creating NOAP-NPCO as the planning and administrative secretariat of the NOAB and as the coordinating office of the Program.

It adds/updates representatives including: more enumerated government agency heads (e.g., TESDA, DAR, DTI, DOH); three (3) representatives from small farmers; representatives from NGOs involved in organic agriculture, agricultural colleges/universities, private sector in the organic value chain; a representative from national association of PGS groups (must be a small farmer); a representative from a national organization of LGUs engaged in organic agriculture; and a qualified representative from indigenous organic farmers.

The NOAB is required to meet at least once every quarter after its constitution. It also states quorum requirements: a majority of all members constitutes a quorum.

It is built on trust, social network, and knowledge exchange, emphasizing: organic norms suited to smallholder agriculture; grassroots organization and active stakeholder participation; values that enhance livelihoods; documented management systems; mechanisms to verify compliance; mechanisms to support farmers (e.g., field advisors, newsletters, farm visits, web sites); a bottom-line document such as a farmer pledge; use of seals/labels indicating organic status; and defined recommendations/sanctions for noncompliance.

The core PGS group must be registered with the municipality/city where it is predominantly located and secure a mayor’s permit from that LGU. The mayor’s permit serves as proof of registration and grant of legal personality, but that personality is limited to PGS transactions.

Products certified through PGS shall be traded only in the domestic market, unless covered by an international certification or a mutual recognition agreement.

The decision of the OCBs or certifying bodies referred to in the section is appealable to BAFS. BAFS must rule within thirty (30) days from receipt; otherwise, the appealed decision is considered reversed.

A registered core PGS group may apply for accreditation. BAFS grants accreditation only if it has at least five (5) members from different farms within the municipality/city or within the province, certified and actually practicing organic agriculture. BAFS may provide technical/financial support for application.

The authorization to certify is deemed revoked when the core membership becomes less than five (5) or any of the minimum five (5) member farms becomes noncompliant with organic standards.

BAFS registers integrated organic farms and organic inputs (organic soil amendments and bio-control agents). BPI registers organic seeds, planting materials, and crops; BAI registers organic livestock/poultry farms and feeds; BFAR registers organic fisheries/aquaculture resources and aquaculture feeds. FDA registers organic processed food, including pre-packaged/processed organic food products. BAFS/BPI/BAI/BFAR must come up with a unified set of rules for registration of organic produce and inputs.

The organic label must contain the name/logo/seal of the OCB and its accreditation number issued by BAFS, plus the trade name and address of origin of the produce. It also allows products certified by third-party certification and the PGS to be labeled and sold as organic.

Upon conviction: imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not more than PHP 50,000, or both (at the discretion of the court). If the offender is a corporation/juridical entity, the responsible official may be punished. If the offender is in government service, dismissal may apply in addition. For an OCB that issued certification to a noncompliant farm/producer: first offense—written warning; second offense—suspension of accreditation.

The NOAB must adopt the IRR to implement the Act within ninety (90) days from the effectivity of the Act and submit the same to COCAFM. In drafting, the Department of Finance (DOF) must be consulted regarding tax incentive provisions.


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