GAP Certification Rules for Fruits and Vegetables

Legal basis, policy, and purpose

The order recognizes that the Bureau of Agriculture and Fisheries Product Standards (BAFPS) is created pursuant to Republic Act No. 8435, the Agriculture and Fisheries Modernization Act of 1997 (AFMA).
The order mandates BAFPS to formulate and enforce standards of quality in processing, preservation, packaging, labeling, importation, exportation, distribution and advertising of agriculture and fisheries products.
The order establishes a government need to ensure safety and quality of fruits and vegetables consumed fresh.
The order requires systematic identification and establishment of management practices that minimize external and internal contamination from the farm-to-fork chain.
The order directs development and enforcement of the Code of Good Agricultural Practices (GAP) throughout the country in close collaboration with stakeholders.
The order requires specific guidelines to assure agricultural farms adhere to GAP Certification.

Coverage and covered applicants

The order establishes rules used by the Department of Agriculture (DA) for granting, maintaining, and withdrawing a Good Agricultural Practices (GAP) Certificate for the fresh fruit and vegetable sector.
Certification applies to individual growers.
Certification applies to Produce Marketing Organizations (PMOs) that market and/or trade the produce.
Certification also applies to a company/corporation applying for a national or company scheme.
Certification governs “Good Agricultural Practices (GAP) for Fruits and Vegetable (FV) Farming” and the use of the official GAP mark for certified produce.

GAP Certification Committee structure

The Good Agricultural Practices (GAP) Certification Committee includes the Directors of attached agencies of the DA, plus representatives from the private sector, non-government organizations, and academe.
The Chairperson is BAFPS (Bureau of Agriculture and Fisheries Product Standards).
The Co-Chairperson is the Bureau of Plant Industry (BPI).
The members include Fertilizer and Pesticide Authority (FPA), Bureau of Animal Industry (BAI), Bureau of Soil and Water Management (BSWM), the GMA-High Value Commercial Crops (HVCC) Program, plus a representative each from the private sector, NGO/PO, and academe.
The BAFPS acts as the Secretariat of the GAP Certification Committee.
National Inspectors are composed of identified technical personnel designated by the Directors of BPI, FPA, BAI, BSWM, and BAFPS.
Regional Inspectors replicate the composition of National Inspectors and are constituted as the need arises, based on recommendations of their respective Regional heads.

Application requirements, fees, and supporting documents

The DA Certification Scheme operates through three (3) applicant options: (1) Individual grower, (2) Produce Marketing Organization (PMO), and (3) Company/corporation using a national or company scheme.
Applicants must submit the completed application form to the Secretary of the Department of Agriculture (DA) through the GAP Certification Committee.
Supporting documents must accompany the accomplished form:
- Farm/Organization profile
- Company/corporation Certificate of registration
- Track record of the farm or company/corporation
For PMOs, the PMO must illustrate 100% control of the registered growers in the group requesting certification.
For PMOs, PMOs must also show that all individual growers operate under the same management systems and adhere to the DA Code of Good Agricultural Practices (GAP).
The Certification Committee establishes guidelines to fix reasonable fees and charges to cover administrative expenses incurred during evaluation, inspection, and audit.
The charge for first certification covers the Committee’s evaluation and audit-related expenses of inspectors.
Re-certification requires a re-audit of the farm on the GAP-FV guidelines and is conducted one (1) month prior to the expiry of the existing certification.

Audit, inspection, and GAP certificate issuance

After evaluation, the Certification Committee notifies the farm of the farm audit date within thirty (30) days prior to certification or renewal.
Inspectors may take samples of water, soil, plant tissue, plants, and similar materials for testing.
Inspectors must issue a receipt to the producer for samples taken, and the producer does not charge the GAP Program for the samples taken.
The applicant pays the cost of testing.
The applicant receives a copy of the analysis.
Inspectors conduct an “exit” interview with the applicant or authorized representative after inspection completion.
Inspectors must cover all potential problem areas noted on the inspection form.
GAP-FV certification is awarded based on compliance with requirements on farm structure, environment and maintenance, farming practices, and farm management, plus diligent observation of GAP-FV certification regulations.
Compliance criteria include:
- Compliance with the Code of Practice of Good Agricultural Practice (GAP)
- Implementation of a transparent and traceable system to track safe and quality vegetable production from sowing to harvest/packaging
- Documentation of farm management to trace the history of farm produce
Farms must identify a coordinator to represent the farm in certification matters.
Farm records must be kept for two (2) years.
New farms applying for certification must have three (3) months of farm records.
After review of the inspection report, the GAP Certification Committee must approve, deny, or place the application in pending.
If the application is pending or denied, the Chairperson notifies the applicant within fifteen (15) days.
If approved, the Committee endorses the inspection report and recommendation to the Office of the Secretary of the DA for approval.
After the Secretary approves, the GAP Program Certification Committee assigns an unequivocal permanent registration number and issues the GAP Certificate.
The GAP certification award entitles the applicant to use the official mark “Good Agricultural Practice for Fruits and Vegetable Farming” under the rules governing the mark.

Renewal rules and certification cycle

GAP Program participants must renew the GAP Certificate by submitting a new application three (3) years after it has been issued.
Renewal application must be filed one (1) month prior to the anniversary date of the certificate.
Upon receipt of the renewal request, a new certificate is issued and an inspection is performed within thirty (30) days, preferably during the growing or packing season.

Use of GAP mark and advertising offense

The mark “Good Agricultural Practice for Fruits and Vegetable Farming” is an official mark placed on fruits and vegetables produced by certified farms.
Using the mark to advertise fruits and vegetables not produced by the farm or when the farm is not certified is an offense for any farm or company.
Certified farms are allowed to advertise with the mark.
The privilege to advertise with the mark is withdrawn in the event of non-compliance with regulations and guidelines.
The mark may be used on company letterheads and in advertisement materials such as brochures and packaging bags for promotion, subject to specified requirements.
All materials containing the mark must be submitted to the GAP Certification Committee for approval before use and release to the public.

Revocation, non-compliance consequences

Certified farms must comply with the GAP Certification Guidelines and the major criteria specified in the Code of GAP.
Non-compliance with the Code of GAP results in the loss of approval.
Failure to comply with any part of the guidelines may involve fines, suspension, or withdrawal of award.
Any withdrawal of award is publicly announced.
The GAP Certification Committee determines penalties for abuse of standards or mark as part of its tasks.

Confidentiality and conflict of interest

Employees, contractors, and committee members must observe confidentiality principles.
Information submitted by applicants is not released to the public, including production practices, ingredients, customer list, and complaint log, without written permission of the applicant.
The following information may be released:
- The applicant’s name, address and telephone number
- Confirmation whether the applicant’s operation was approved on a specific date
- Information needed to comply with a court order
- Information needed to comply with a request from the GAP Certification Committee investigating an alleged complaint
Conflict of interest is defined as having an economic interest with a producer or packer under review for approval one year prior to, during, or one year after work or employment was concluded.
Staff, contractors, and committee members with a conflict of interest must disclose the conflict and must not participate in discussions or decisions regarding the producer or packer under review.

Committee powers and updates

The Certification Committee reviews and approves applications.
The Certification Committee endorses to the Secretary a list of applicants to be issued a GAP Certificate.
The Certification Committee reviews and approves changes in standards and fees.
The Certification Committee hears appeals.
The Certification Committee annually reviews investigations of complaints about abuses in the production and sale of products that do not adhere to GAP.
The Certification Committee negotiates satisfactory settlement of complaints and reimbursement for investigation cost.
The Certification Committee designates qualified National and Regional Inspectors.
The order authorizes introduction and notification of additional regulations when necessary to ensure production of safe and quality vegetables in certified farms.

Effectivity rule

BAFPS Administrative Order No. 25, s. 2005 takes effect fifteen (15) days after its filing with the UP Law Center.