Amendments to Organic Agriculture Act

Policy and program thrust

The State policy is to promote, propagate, develop further, and implement the practice of organic agriculture in the Philippines to cumulatively condition and enrich soil fertility, increase farm productivity and farmers’ incomes, and reduce pollution and environmental destruction (Section 1).
The State policy includes preventing depletion of natural resources, encouraging participation of indigenous organic farmers, protecting the health of farmers, consumers, and the general public, saving on imported farm inputs, and promoting food self-sufficiency (Section 1).
A comprehensive program for community-based organic agriculture systems must be established, including 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 (Section 1).
A nationwide educational and awareness campaign among consumers must be undertaken on the benefits of consuming organic products to boost local production of organic food and non-food products, and adoption of organic agricultural system as a viable alternative must be promoted (Section 1).

Key definitions for organic systems

Organic production system is defined as a system designed to (1) enhance biological diversity within the whole system, (2) increase soil biological activity, and (3) maintain long-term soil fertility (Section 2).
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 mandated in the Act (Section 2).
Accreditation is the procedure by which a government agency having jurisdiction formally recognizes the competence of an OCB to provide inspection and certification services, and it must be solely and exclusively exercised by the designated agency or agencies under the Act (Section 2).
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, to verify conformity to requirements for being organic, and it includes examination of production and processing systems (Section 2).
Organic bio-control agents refer to organisms and their associated metabolites as well as naturally occurring substances that control pests and diseases, classified as botanicals, macrobials, microbials, and semichemicals (Section 2).
Organic Certifying Body (OCB) is a legal entity accredited by a government agency to perform inspection and certification activities and is responsible for verifying that a product sold or labeled as “organic” is produced, processed, prepared, or handled according to relevant guidelines (Section 2).
Organic soil amendments refer to products within the scope of the Philippine national standard, including organic fertilizers, compost/soil conditioner, microbial inoculants, and organic plant supplements added to the soil to improve its physical properties (Section 2).
Participatory Guarantee System (PGS) is a locally-focused quality assurance system developed and practiced by people actually engaged in organic agriculture, built on trust, social network, and knowledge exchange, and used to certify producers and farmers as actual and active practitioners (Section 2).
PGS group refers to a legal association or cooperative of registered farmer members and other stakeholders in a participatory guarantee system (Section 2).
Core PGS group is the basic grouping unit in the PGS (Section 2).
Participatory Organic Certificate is documentary proof that a core PGS group is compliant with organic farming/agriculture requirements, standards, and norms; it is issued by a government agency or an authorized OCB after investigation and certification activity on the application; it has a validity of three (3) years (Section 2).
Small farmer/fisherfolk is defined as those using not more than five (5) hectares of land for agricultural crop production, including rice and corn, aquaculture, and poultry/livestock raising, with specific livestock/poultry caps: poultry (1,000 poultry layers or 5,000 broilers), swine/native pigs (10 sow level or 20 fatteners), cattle (10 fatteners or 5 breeders), dairy (10 milking cows), goat/sheep/other small ruminants (50 heads), and other animals permitted subject to limits determined by the National Organic Agriculture Board (NOAB) (Section 2).
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 2).

Coverage and program scope

The Act applies to the development and promotion of organic agriculture and includes promotion and encouragement of facilities, equipment, and processing plants that accelerate production and commercialization of organic fertilizers, bio-control agents, organic soil amendments, and other appropriate farm inputs (Section 3).
The Act includes implementation of organic agricultural programs, projects, and activities, including provision and delivery of support services focused on farmers, prioritizing small farmers/fisherfolk and their organizations and other stakeholders (Section 3).

National Organic Agriculture Board structure

The NOAB must consist of members including the Director General of the Technical Education and Skills Development Authority, the Secretary of Agrarian Reform, the Secretary of Trade and Industry, and the Secretary of Health, each represented by a duly authorized permanent representative (Section 4).
The NOAB must include three (3) representatives from small farmers (Section 4).
The NOAB must include one (1) representative from NGOs involved in organic agriculture for at least three (3) years (Section 4).
The NOAB must include one (1) representative from agricultural colleges and universities (Section 4).
The NOAB must include one (1) representative from the private sector in the organic value chain (Section 4).
The NOAB must include one (1) representative from the national association of PGS groups, chosen from among and by themselves, provided the representative is a small farmer (Section 4).
The NOAB must include one (1) representative from a national organization of local government units (LGUs) actually engaged in organic agriculture (Section 4).
The NOAB must include one (1) qualified representative from indigenous organic farmers (Section 4).
Small farmer and NGO and agricultural college/university representatives must be chosen by the Secretaries of Agriculture and Science and Technology, respectively, from nominees submitted by their national organizations, and must represent their organizations at least at the provincial level, actually and actively practice and promote organic agriculture, be conversant in organic agriculture, and be committed to Act policies and programs (Section 4).
The three (3) seats for small farmers are chosen from the crops and livestock sectors with two (2) seats for crops and one (1) seat for livestock (Section 4).
A NOAB member can only serve a single term of three (3) years without reappointment; replacements serve only the unexpired portion of the term (Section 4).
The NOAB must organize itself upon call by the Chairperson (or by majority if not all members are designated), adopt rules and procedures to attain the objectives of the Act, and a quorum is a majority of all members (Section 5).
The NOAB must meet at least once every quarter after its constitution (Section 5).

National Organic program office and standards

The Department of Agriculture (DA), Office of the Secretary, must be strengthened and empowered to establish a functional office known as the National Organic Agriculture Program - National Program Coordinating Office (NOAP-NPCO) to manage effective implementation of the National Organic Agriculture Program (Section 6).
The NOAP-NPCO serves as the planning and administrative secretariat of the NOAB, and as the coordinating office of the Program (Section 6).
The Bureau of Agriculture and Fisheries Standards (BAFS) of the DA must be restructured, strengthened, and empowered to support the objectives of the Act and must provide technical assistance to the NOAB and NOAP-NPCO (Section 8).
The BAFS must formulate and update standards relevant to organic agriculture (Section 8).
The BAFS must issue accreditation to OCBs (Section 8).
The BAFS must conduct inspections on compliance of PGS groups with Philippine National Standards (PNS) for organic agriculture and must publish at least once a year the list of compliant PGS groups (Section 8).
The BAFS must issue registration of organic inputs, including organic soil amendments and organic bio-control agents (Section 8).
The BAFS must issue registration of integrated organic farms with multiple commodities/production and of organic input products (Section 8).
The BAFS must issue rules on the appeal of farm/farmowner decisions made by OCBs and concerned municipal/city PGS groups on inspection and certification issues (Section 8).
The BAFS must perform other functions, duties, and responsibilities necessary to implement the Act (Section 8).
The BAFS must be designated and authorized to grant official accreditation to an OCB entity (Section 9).
The BAFS must formulate necessary rules and procedures in the accreditation of OCBs performing third-party certification or granting certification as part of the PGS (Section 9).
At least one accredited OCB must perform third-party certification in Luzon, Visayas, and Mindanao; if only one OCB is accredited for third-party certification, it must maintain at least one satellite office or processing unit each in Luzon, Visayas, and Mindanao (Section 9).
The BAFS must act on accreditation applications within sixty (60) days from submission of complete requirements; failure to decide within the period is deemed approval of the application (Section 14(d) as incorporated and governed by the PGS section’s accreditation procedure).
The BAFS must not charge any application fee (Section 14(d)).

Participatory Guarantee System (PGS) framework

The PGS is the mechanism by which small farmers/fisherfolk and their farms/associations/cooperatives are certified as engaged in organic agriculture and as producers of organic agriculture products (Section 10(a)).
PGS certification must be organized under the Act and promoted and accepted, and products certified through PGS must be traded only in the domestic market unless covered by international certification or a mutual recognition agreement (Section 10(a)).
Associations or groups under PGS must adhere to the PNS for organic agriculture (Section 10(a)).
PGS associations/groups must adopt features including: organic agriculture norms appropriate to smallholder agriculture; grassroots organization and participatory certification based on active participation; principles and values that enhance livelihoods and well-being of farming families; documented management systems; mechanisms to verify farmer compliance; mechanisms including field advisors, newsletters, farm visits, web sites, among others, to support farmers producing organic products and becoming certified; a bottom-line document such as a farmer’s pledge; seals or labels evidencing organic status; and a previously defined set of recommendations and measures against farmers who fail to comply (Section 10(a)).
The core PGS group must be registered with the municipality/city where it is predominantly located and must secure a mayor’s permit from that municipality/city, and the mayor’s permit suffices as proof of registration and grant of legal personality limited only to PGS transactions (Section 10(b)).
A national organization of LGUs actually engaged in organic agriculture must secure legal personality for BAFS accreditation purposes (Section 10(b)).
Any other OCB must secure a mayor’s permit from the municipality/city where it intends to operate, and possession suffices for legal personality for BAFS accreditation (Section 10(b)).
For certification, the BAFS must provide guidelines for certification of farms under the Act (Section 10(c)).
A farm/farmowner applying for certification as an organic agriculture practitioner must join a PGS group in the same municipality/city where the farm is located, or in a municipality/city within the same province the farmowner regularly interacts with or conducts business with (Section 10(c)).
Certification applications for a participatory organic certificate must be made with one of the accredited bodies: the core PGS group where the farm belongs; or a national LGU organization initiating organic agriculture practices that is a member of the municipality/city where the PGS group is located; or any private group/organization actually engaged in organic agriculture operating in the municipality/city that is accredited as an OCB (Section 10(c)).
Decisions of such OCBs on certification must be appealable to the BAFS, and the BAFS must rule on the appeal within thirty (30) days from receipt; otherwise, the appealed decision is considered reversed (Section 10(c)).
Withdrawal of membership in the PGS group results in forfeiture of the privilege for the farm/farmowner to use the participatory organic certificate (Section 10(c)).
A member of the core PGS group representing a farm applying for renewal of certification with the same core PGS group must inhibit himself/herself before the renewal application can be considered (Section 10(c)).
For accreditation, the core PGS group must apply with the BAFS, and accreditation is granted 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 (Section 10(d)).
The BAFS must extend technical and financial support to a core PGS group in its application for accreditation (Section 10(d)).
The BAFS is authorized to certify five (5) individual farms as a core PGS group; once accredited to certify, it may subsequently certify other core PGS groups that become compliant (Section 10(d)).
The authorization to certify is deemed revoked when core membership becomes less than five (5) or when any of the minimum five (5) member farms becomes noncompliant to organic agriculture standards (Section 10(d)).
A national organization of LGUs actually initiating or engaged in organic agriculture; or any private group/organization actually engaged in organic agriculture as direct farm producer, promoter/advocate of organic agriculture methods/principles, or marketer of organic produce may apply for accreditation as an OCB (Section 10(d)).
The BAFS must decide on accreditation applications within sixty (60) days from submission of complete requirements, and approval is deemed if no decision is rendered within the period; no application fee is charged (Section 10(d)).

PGS levels, duties, and governance

Every core PGS group must have at least five (5) members, composed of farmers from a combination of the crops and livestock sectors, and may add farmers from other agriculture sectors (Section 10(e)(1)).
Core PGS membership may include NGOs, people’s organizations, buyers of organic products, suppliers of organic inputs, among others, who live or operate within the province and regularly interact with the PGS group (Section 10(e)(1)).
Each core PGS group must develop an understanding of organic standards and ensure farm practices are compliant (Section 10(e)(1)).
Each core PGS group must make a pledge that it understands and adheres to the organic standards (Section 10(e)(1)).
Core PGS groups must conduct inspection and certification activities of member farms, and at least a majority of core PGS members who joined the actual inspection and certification activities must sign on the truthfulness of inspection and certification findings (Section 10(e)(1)).
Core PGS groups must recommend which farms will be certified (Section 10(e)(1)).
Core PGS groups must initiate key field trainings for farmer-members and residents in their locality to promote organic agriculture (Section 10(e)(1)).
Core PGS groups must attend municipal/provincial PGS meetings and share information (Section 10(e)(1)).
Core PGS groups must take actions on defaults/noncompliance according to sanction guidelines to be provided by the BAFS, OCBs, and municipal/city PGS groups, and must assist defaulting and noncompliant members to regain certification status (Section 10(e)(1)).
A municipality/city PGS group must be composed of one (1) representative for each core PGS group in the municipality/city and two (2) representatives total from a regional agricultural state university or college (SUC) or local private agricultural educational institution (Section 10(e)(2)).
A municipality/city PGS group can be established only if there are at least two (2) core PGS groups in the municipality/city (Section 10(e)(2)).
Municipality/city PGS group business and affairs must be based on majority decision of members present after securing a quorum (Section 10(e)(2)).
Municipality/city PGS groups must, together with the BAFS, develop or update and implement the PGS as provided in the Act (Section 10(e)(2)).
Municipality/city PGS groups must ensure compliant farmer members continue complying with applicable PNS and relevant regulatory requirements (Section 10(e)(2)).
Municipality/city PGS groups must maintain a registry of core PGS groups within their jurisdiction and forward it to the BAFS on year-end for the national database (Section 10(e)(2)).
Municipality/city PGS groups, together with the OCB involved and in coordination with the BAFS (as referenced by coordination with the national standards office), must issue participatory organic certificates and the “PGS guaranteed organic” label/mark to compliant small farmer/fisherfolk and/or their farm/association/cooperative (Section 10(e)(2)).
Municipality/city PGS groups must submit regularly to the BAFS lists of certified small farmer/fisherfolk and/or their farm/association/cooperative (Section 10(e)(2)).
If a municipal/city PGS group is not yet established, the BAFS, in coordination with the concerned LGU, assumes the powers, duties, and responsibilities of the group (Section 10(e)(2)).
PGS groups may form provincial and national aggregations and receive financial and technical assistance, support, and guidance of departments in NOAB and DA-BAFS channels, and provincial governments must encourage and support formation and activities within their jurisdictions (Section 10(e)(3)).

Promotion, training, inspection, and incentives

The NOAB must actively promote, search, and recognize associations or groups practicing organic agriculture through PGS in accordance with the Act, and must ensure each province has a PGS group (Section 10(f)).
Every PGS group must conduct trainings and promote organic agriculture (Section 10(f)).
The Agricultural Training Institute (ATI) must, in close coordination with BAFS, make available training programs on organic agriculture standards and processes for PGS groups applying for BAFS accreditation (Section 10(g)).
The BAFS must conduct random inspections to ensure PGS groups comply with the PNS for organic agriculture (Section 10(g)).
The BAFS must keep records of compliant PGS groups and publish at least once a year the list of compliance (Section 10(g)).
Any small farmer/fisherfolk or their farms/associations/cooperatives, engaged in organic agriculture, or any organic input producer certified by its core PGS group or any accredited OCB under the PGS section, must be eligible for a full government subsidy of the cost for an international certification for one (1) year if compliant for five (5) years with no offense or infraction (Section 10(h)).
Subsidy eligibility under the international certification incentive requires that the entities export their products (Section 10(h)).
While entities maintain their compliance status, they must be invited and given, for free, prime location in any government agency-initiated or sponsored trade and business marketing gathering of Filipino products for displaying and selling their own organic products (Section 10(h)).

Local executive and registration functions

Local executive concerns require provincial governors to act insofar as practicable in the manner consistent with the Act’s local coordination, and local government units must coordinate with the DA-Bureau of Plant Industry for establishment and/or strengthening of local organic seed centers to increase farmers’ adoption to organic agriculture (Section 12).
Municipalities and cities are enjoined to enact ordinances that protect organic farming zones and organic farming practices (Section 12).
The BAFS must be responsible for registration of integrated organic farms and organic inputs such as organic soil amendments and organic bio-control agents (Section 13).
The Bureau of Plant Industry (BPI) must be responsible for registration of organic seeds, planting materials, and crops (Section 13).
The Bureau of Animal Industry (BAI) must be responsible for registration of organic agriculture farms, livestock and poultry and its feeds (Section 13).
The Bureau of Fisheries and Aquatic Resources (BFAR) must be responsible for registration of organic fisheries and aquaculture resources and organic aquaculture feeds (Section 13).
The BAFS, BPI, BAI, and BFAR must come up with a single unified set of rules and regulations for registration of organic produce and inputs (Section 13).
The Food and Drug Administration (FDA) of the Department of Health (DOH) must be responsible for product registration of organic processed food, and must formulate rules for registration of organic pre-packaged and processed food (Section 13).

Organic labeling and market development

The label of organic produce must contain the name, logo or seal of the OCB and the accreditation number issued by the BAFS (Section 14).
The organic label/mark must also include the trade name and the address of origin of the produce (Section 14).
Products certified and guaranteed by third-party organic certification systems and PGS are allowed to be labeled and sold as organic (Section 14).
The DA agribusiness and marketing assistance service, in collaboration with other relevant agencies, must develop and implement market development and trade promotion programs for organic agriculture, including: development of marketing agenda; establishment ensuring sustainability and monitoring of organic trading posts and stalls/outlets in strategically located public market and other trading/business centers; development of market information system; promotion of organic food, non-food and input products; and facilitation of market matching activities (Section 16).

Budget allocation for the national program

The Department of Budget and Management must 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 (Section 18).
The annual P1,000,000,000.00 allocation must be divided 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 (Section 18).

Penal provisions and OCB sanctions

Any person who willfully and deliberately mislabels or claims that a product is organic when it is not in accordance with existing standards for Philippine organic agriculture or the Act must, upon conviction, be punished by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not more than Fifty thousand (P50,000.00), or both, at the discretion of the court (Section 19).
If the offender is a corporation or juridical entity, the official who ordered or allowed the commission of the offense must be punished with the same penalty (Section 19).
If the offender is in the government service, dismissal from the office is imposed in addition to the penalty (Section 19).
Any OCB found to have issued a certification to a farm or producer established to be not compliant with PNS for organic agriculture or with the Act must be penalized by the BAFS as follows: First offense: Written warning; Second offense: Suspension of accreditation (Section 19).

Implementing rules, repeals, and separation

The NOAB must adopt rules and regulations to implement provisions of the Act within ninety (90) days from effectivity of the Act and submit the same to the COCAFM (Section 20).
In drafting the implementing rules and regulations, the Department of Finance (DOF) must be consulted regarding the tax incentive under Section 25 of the Act as referenced in the implementing rules provision (Section 20).
Sections 10 and 11 of Republic Act No. 10068 are repealed, and a new Section 10 is inserted establishing the NOAP-NPCO (Section 6).
Section 12 of Republic Act No. 10068 is amended and renumbered as Section 11 (Section 7).
Section 13 of Republic Act No. 10068 is renumbered as Section 15 (Section 11).
Sections 14 and 16 of Republic Act No. 10068 are amended/renumbered as Sections 16 and 17, including local executive concerns, seed centers coordination, and local ordinances protecting organic farming zones (Sections 12-13).
Section 16 of Republic Act No. 10068 is repealed and replaced by a new Section 17 on registration of organic producers/produce/inputs/organic processed food (Section 13).
Section 19 of Republic Act No. 10068 is repealed and replaced by penal provisions renumbered as Section 28 (Sections 19 and Section 20 for implementing rules; numbering occurs via the Act’s amendments).
A separability clause is included: if any provision is held invalid or unconstitutional, the remaining provisions remain in force (Section 22).
All laws, orders and rules and regulations contrary to or inconsistent with the Act are repealed or amended accordingly (Section 23).