Law Summary
Definition of Key Terms
- Organic production system: Enhances biodiversity, increases soil biological activity, maintains long-term soil fertility.
- Certification: Procedure by which government/OCB assures conformity to organic standards.
- Accreditation: Formal recognition of an OCB's competence by government agencies.
- Inspection: Examines farms/products to verify organic conformity, including processing systems.
- Organic bio-control agents: Natural organisms/substances controlling pests/diseases.
- Organic Certifying Body (OCB): Accredited entity verifying compliance to organic standards.
- Organic soil amendments: Products improving soil physical properties (fertilizers, composts).
- Participatory Guarantee System (PGS): Locally-focused quality assurance by stakeholders certifying organic practice.
- Core PGS group: Basic unit within PGS.
- Participatory Organic Certificate: Proof of compliance issued by government or authorized OCB, valid for 3 years.
- Small farmer/fisherfolk: Uses up to 5 hectares and limited livestock numbers per specified standards.
- Organic value chain: System linking production, processing, distribution, and consumption of organic products.
Coverage of the Act
- Applies to development and promotion of organic agriculture.
- Supports establishment of facilities for producing organic fertilizers, bio-control agents, and farm inputs.
- Implements programs and support services prioritizing small farmers/fisherfolk and stakeholders.
Composition of the National Organic Agriculture Board (NOAB)
- Includes key government secretaries, representatives from small farmers, NGOs, educational institutions, private sector, PGS groups, LGUs, and indigenous farmers.
- Representatives chosen from provincial-level organic agriculture practitioners.
- Small farmers have three seats divided between crops and livestock sectors.
- Members serve a single 3-year term; early replacements serve unexpired term only.
Organization and Meetings of NOAB
- Chairperson calls meetings to organize the board and establish procedures.
- A majority of members constitutes quorum.
- Board meets at least once every quarter.
National Organic Agriculture Program - NOAP-NPCO
- Department of Agriculture establishes and empowers NOAP-NPCO as secretariat and coordinating office for the program.
Work Plan
- NOAP-NPCO submits plans for approval to the NOAB.
Role and Functions of Bureau of Agriculture and Fisheries Standards (BAFS)
- Restructured and empowered to support the Act.
- Functions include formulating organic standards, accrediting OCBs, inspecting PGS groups, registering organic inputs and farms, handling appeals regarding certification, and other necessary duties.
Accreditation of Organic Certifying Bodies
- BAFS designated to grant accreditation and formulate accreditation rules.
- Requires at least one accredited OCB in Luzon, Visayas, and Mindanao.
- Single OCB may operate satellite offices regionally.
Participatory Guarantee System (PGS)
- Certification mechanism for small farmers/fisherfolk organized in groups.
- Certification recognized for domestic market unless international certification or mutual recognition applies.
- Core PGS groups must have organic norms, grassroots organization, documented procedures, verification mechanisms, and farmer support.
- Legal personality attained through mayor’s permit.
- Certification requires joining a PGS group in the same locality; appeals decided by BAFS within 30 days.
- Accreditation requires at least five members from different farms; BAFS provides technical and financial support.
- Organizational Levels: Core PGS group (minimum five members from crops and livestock), Municipality/City PGS group (representatives from core groups and an agricultural institution), Provincial/National PGS groups (optional).
- PGS groups promote organic agriculture, conduct training, and maintain registries.
- BAFS conducts inspections and publishes compliant groups yearly.
- Incentive: Farmers certified compliant for five years qualify for government subsidy for international certification and priority in government trade events.
Local Executive Roles
- Provincial governors to coordinate local organic agriculture efforts.
- LGUs to enact ordinances protecting organic farming zones and practices.
- Collaboration with Bureau of Plant Industry to establish organic seed centers.
Registration of Organic Producers and Inputs
- BAFS responsible for integrated organic farms and inputs.
- Bureau of Plant Industry for organic seeds and crops.
- Bureau of Animal Industry for livestock and poultry.
- Bureau of Fisheries and Aquatic Resources for fisheries and aquaculture.
- Unified set of registration rules to be established.
- Food and Drug Administration to regulate organic processed food products.
Labeling of Organic Produce
- Labels must have OCB name/logo/seal and BAFS accreditation number.
- Include trade name and address of origin.
- Certified products from third-party or PGS allowed to be labeled and sold as organic.
Market Development and Trade Promotion
- Department of Agriculture to develop organic market programs including:
- Marketing agenda
- Sustainable organic trading posts/stalls
- Market information systems
- Promotion of organic products
- Market matching activities
Appropriations
- Annual budget of One Billion Pesos allocated as follows:
- 35% for shared facilities
- 25% for seeds, planting materials, animals, feeds, soil amendments, bio-control agents
- 20% for extension and training
- 5% for socialized credit
- 5% for small scale irrigation
- 5% for research and development
- 5% for marketing and promotion
Penal Provisions and Sanctions
- Mislabeling or false organic claims punishable by imprisonment (1-6 months), fines up to P50,000, or both.
- Corporate offenders penalized through responsible officials.
- Government employees additionally subject to dismissal.
- OCBs issuing false certifications face escalating penalties: first offense written warning, second offense suspension of accreditation.
Implementing Rules and Regulations
- NOAB shall adopt and submit rules within 90 days of enactment.
- Department of Finance consulted regarding tax incentives.
Separability Clause
- Invalid provisions do not affect the validity of remaining provisions.
Repealing Clause
- Laws, orders, and regulations inconsistent with this Act are repealed or amended.
Effectivity
- The Act takes effect 15 days after publication in two newspapers or the Official Gazette.