Law Summary
Declaration of State Policy
- The State mandates the integrated growth and development of the food industry.
- Aim to maintain adequate and continuous food supply at reasonable prices while contributing to the national economy.
Nature and Attachment of the NFA
- The NFA is established as a government corporation attached to the Office of the President.
- It absorbs the functions and powers previously held by the National Grains Authority.
Expanded Scope of Food Industry Definition
- Extends beyond grains to include raw/fresh and processed/packaged food products.
- This broader definition allows the NFA to cover multiple food commodities for development and regulation.
Governing Provisions
- Presidential Decree No. 4 and its amendments (P.D. Nos. 699 and 1485) continue to apply to the NFA.
- The NFA Council may determine applicability to other food commodities as needed.
Composition and Functions of the National Food Authority Council
- Members include key Government Ministers (Human Settlements, Agriculture, Finance, Industry, Trade), financial institution heads, and a Presidential representative.
- The Minister of Human Settlements serves as Chairman; NFA Administrator as Vice-Chairman.
- The Administrator, appointed by the President, manages day-to-day operations with assistance from Deputy and Assistant Administrators.
- Monthly regular meetings and provisions for special meetings.
- Council members receive per diems and other remuneration determined by the Council.
Additional Powers, Functions, and Exemptions of the NFA
- Authority to acquire, hold, invest in, and dispose of shares, stocks, bonds, and obligations.
- Power to register, license, and supervise entities involved in all stages of food handling and impose fees/surcharges with Presidential and Council approval.
- Authority to handle importation/exportation of food products, raw materials, equipment, and establish domestic and foreign branches.
- Engage in manufacturing, processing, or packaging food products as necessary.
- Organize internal structure and determine compensation and benefits for employees.
- Establish a Provident Fund for retirement and other benefits.
- Subsidiaries of the NFA enjoy tax exemptions and privileges upon Presidential approval.
Transfer of Food Terminal, Inc. Investments
- Investments and loans from Human Settlements Development Corporation in Food Terminal, Inc. are transferred to the NFA.
- Valuation and terms of payment to be approved by the President with Commission on Audit recommendations.
Capitalization and Equity
- Authorized capital stock set at 5 billion pesos, divided into 50 million shares, fully subscribed and paid by the national government, LGUs, or other government-owned entities.
- Previous capital and surpluses of the National Grains Authority transferred as initial equity.
- The national government may provide additional equity investments subject to appropriations and Presidential approval.
Funding Sources and Financial Management
- Official development assistance and food aid recorded as paid-in capital or subsidy as approved.
- National government payments on NFA loans recorded as equity payments or subsidies.
- Government may subsidize NFA operations through appropriations.
- Review and realignment of food program appropriations involving multiple agencies to ensure policy consistency.
- Empowered to negotiate loans at preferential rates and avail preferential rediscount by the Central Bank under monetary board terms.
National Government Guarantee
- The Philippine government guarantees the NFA's financial obligations upon Presidential approval.
Rule-Making Authority
- The NFA shall promulgate implementing rules and regulations.
- Such rules take effect 15 days after publication in a daily newspaper of general circulation.
Repealer Clause
- All inconsistent laws, orders, rules, or proclamations are repealed, amended or modified accordingly.
Separability Clause
- Any invalid or unconstitutional provisions do not affect the validity of the remaining provisions.
Effectivity
- The Decree takes effect immediately upon promulgation.