Title
Philippine Halal Export Development Act 2016
Law
Republic Act No. 10817
Decision Date
May 16, 2016
The Philippine Halal Export Development and Promotion Act of 2016 aims to promote the growth and integrity of Philippine Halal exports, harmonize standards with international norms, protect consumers, and provide support for the development of Halal industries. The Act establishes a program, a policy-making board, and accreditation processes to achieve these objectives.

Questions (Republic Act No. 10817)

RA 10817 declares the State’s policy to promote the growth and ensure the integrity and quality of Philippine Halal exports; assert police power against trade malpractices; harmonize standards to international standards; develop Halal industries to achieve equity among farmers/producers and create employment; and protect consumers/users from unscrupulous and unfair agricultural, manufacturing, and trade practices.

“Halal” means lawful or permissible under Shariaah (Islamic Law). “Accreditation” is the procedure by which a government agency having jurisdiction formally attests to the competence of an inspection and/or certification body to provide inspection and certification services.

It establishes a comprehensive program of objectives, targets, strategies, and activities for growth of Halal industries resulting in increased Halal exports. Coverage includes development/application of Halal standards, organization and development of accredited certification bodies, market identification and expansion, forging agreements for standard harmonization, compliance to standards by stakeholders, industry development/promotion (including nonfood Halal), consumer awareness and fair trade, and common service facilities.

The Halal Board is the policy-making body for Halal export development. It sets overall direction for implementing the Halal Export Development and Promotion Program and is attached to the Department of Trade and Industry (DTI).

Examples include: (1) formulating/advocating/overseeing/assessing implementation of the Program; (2) directing and coordinating development and harmonization of Philippine National Standards for Halal and monitoring their application; (3) spearheading and supporting international agreements and recognition of accredited Halal certification bodies; (4) issuing the Philippine Halal Logo and guidelines; (5) investigating complaints/controversies/disputes related to Halal standards implementation.

It consists of designated government officials (e.g., DTI Secretary as Chairperson; NCMF Secretary as Vice Chairperson; DA, DOH, DOST, DFA, DOT, BSP Governor, MinDA Chairperson) and two (2) Muslim Filipino professionals from academe, law, industry, or food science, appointed by the President from at least four (4) nominees recommended by Muslim Filipino organizations and NGOs.

They serve for three (3) years and may be reappointed once.

The DTI Secretary (Chairperson) establishes an interagency secretariat from DTI bureaus concerned with Halal export development, NCMF, DA, and DOH. It is headed by the Director of the Export Marketing Bureau, strengthened to create a section serving as the nucleus of the Secretariat. Technical staff are assigned by NCMF, DA, and DOH.

The Philippine Accreditation Bureau (PAB) is empowered to formulate accreditation policies and guidelines governing accreditation of Halal certification bodies, and to grant or deny accreditation, and suspend or withdraw such accreditation in accordance with those policies and guidelines.

BAFS (under DA) covers primary and post-harvest foods; FDA (under DOH) covers processed and prepackaged foods, drugs, and cosmetics; BPS (under DTI) covers nonfood products aside from drugs and cosmetics. Other categories may be assigned by the Halal Board to appropriate agencies.

Exported Halal products/processes/services must: (i) undergo certification from an accredited Halal certification body; (ii) comply with the appropriate Philippine National Standards for Halal or with recognized international/foreign standards; and (iii) be registered with the national regulatory agency concerned.

No. Halal certification for domestic consumption or use is voluntary on the part of the producer/manufacturer/trader/retailer/service provider.

The Philippine Halal Logo may be affixed/used with permission of the relevant regulatory agency after compliance with export conditions (and for domestic use by those who voluntarily obtained certification, they may apply for permission to use the logo). Other government agencies are prohibited from issuing a logo and requiring its use as proof of compliance to a standard or regulation as Halal; and logos previously issued by government agencies involved in Halal development and promotion are disallowed.

The government (especially DA) shall provide/upgrade common service facilities such as slaughterhouses, warehouses, refrigeration facilities, and laboratory facilities/equipment in strategic production and processing areas. Investment promotion agencies (BOI, PEZA, and others) are mandated to promote Halal industries in economic zones/strategic locations and, as allowed by their charters, grant fiscal and non-fiscal incentives to attract investments in pioneering and essential industries to increase exports of Halal products or ingredients.

It includes capacity building for compliance with certification standards; skills trainings for Halal industry workers, farmers, fishermen, and producers for good practices and food safety/sanitation; scholarships for underprivileged but deserving students and technical-vocational courses; formulation and implementation of competency standards and training regulations via TESDA; and upgrading facilities, faculty development, and strengthening on-the-job training in Halal technology and standards.

The RDE program aims to develop/propagate/commercialize Halal products and technologies and expand the number of Halal products/processes/services. DOST must upgrade the capability of regulatory agencies, Halal certification bodies, and stakeholders, and provide scientific/technical knowledge and laboratory analyses through the Philippine National Halal Laboratory and Science Center.

Transitorily, the Philippine Halal Promotion, Development and Accreditation Board under the NCMF is dissolved; Halal promotion/development records are transferred to the Halal Board, while accreditation records go to the PAB. Effectivity is 15 days after publication in the Official Gazette or a newspaper of general circulation.


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