Philippine Halal Export Development Act 2016

State policy and purposes

The State shall promote the growth and ensure the integrity and quality of Philippine Halal exports (Section 2).
The State shall harmonize standards to international standards and ensure compliance of Halal products, processes and services, mindful of international trade commitments and mutual recognition agreements (Section 2).
The State shall assert police power against trade malpractices involving Halal products, processes and services (Section 2).
The State shall develop and promote Halal industries to achieve equity and justice among farmers and producers and to increase employment opportunities for the domestic labor force (Section 2).
The State shall make Halal exports more competitive through research and product development, quality assurance measures, and value-adding mechanisms (Section 2).
The State shall protect consumers and users of Halal products, processes and services from unscrupulous and unfair agricultural, manufacturing and trade practices (Section 2).

Key definitions for Halal compliance

“Accreditation” means 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 (Section 3).
“Certification” means third party attestation of conformance to standards and guidelines related to products, processes, systems or persons (Section 3).
“Halal” means lawful or permissible under Shariaah (Islamic Law) (Section 3).
“Processes” means a set of interrelated or interacting activities which transforms inputs to outputs (Section 3).
“Products” means food and nonfood items produced by human or mechanical effort, or by a natural process, or a combination thereof, and marketed or sold as a commodity (Section 3).
“Recognition” means the acknowledgment of the validity of a conformity assessment result provided by a person or body (Section 3).
“Services” means an intangible result of at least one (1) activity performed by a supplier or provider for a customer (Section 3).

Halal export program scope and coverage

The Philippine Halal Export Development and Promotion Program is established as a comprehensive set of objectives, targets, strategies and activities for the growth of Halal industries producing or providing products, processes and services and resulting in increased exports (Section 4).
The program includes the development and application of Halal agricultural and manufacturing standards and practices (Section 4).
The program includes the organization and development of accredited certification bodies through capacity building and the formulation and application of internationally accepted accreditation standards (Section 4).
The program includes the identification and expansion of markets for Halal products, processes and services, and the forging of international and bilateral agreements for harmonization of standards (Section 4).
The program includes compliance by producers, manufacturers, service providers, traders and exporters to established local or international standards (Section 4).
The program includes industry development and promotion, including expansion into nonfood Halal products and services, and it includes consumer awareness and fair trade practices (Section 4).
The program includes provision of common service facilities (Section 4).

Philippine Halal Board governance

The Philippine Halal Export Development and Promotion Board (the Halal Board) is created as the policy-making body on Halal export development (Section 5).
The Halal Board sets the overall direction for implementing the Philippine Halal Export Development and Promotion Program (Section 5).
The Halal Board is attached to the Department of Trade and Industry (Section 5).
The Halal Board institutionalizes involvement of Muslim Filipino people’s organizations and non-government organizations through membership in consultative or advisory bodies, coordination with concerned government agencies, and participation in regular consultative mechanisms such as public hearings and roundtable discussions (Section 5).

Board powers, functions, and structure

The Halal Board formulates, advocates, coordinates, oversees, and assesses implementation of the Program (Section 6).
The Halal Board directs and coordinates the development and harmonization of Philippine National Standards for Halal by standard setting agencies and monitors application through government regulatory agencies (Section 6).
The Halal Board spearheads and supports forging of international agreements and recognition of accredited Halal certification bodies in other countries to open or expand markets (Section 6).
The Halal Board issues the Philippine Halal Logo and guidelines on proper use (Section 6).
Government agencies are prohibited from issuing a logo and requiring use of such logo as proof of compliance to a standard or regulation as Halal (Section 6).
Logo use previously issued by government agencies involved in Halal development and promotion is disallowed (Section 6).
The Halal Board encourages establishment of a single umbrella organization of Halal certification bodies that standard setting and regulatory agencies can tap to assist in development and monitoring of internationally accepted Halal certification standards (Section 6).
The Halal Board may investigate complaints, controversies, or disputes arising from implementation or enforcement of Halal standards, guidelines, rules and procedures, and make recommendations (Section 6).
The Halal Board may request assistance and cooperation from government departments, bureaus, offices, agencies, instrumentalities, and private entities to implement its functions and carry out recommendations from investigations and studies (Section 6).
The Halal Board may perform other powers and functions prescribed by law or necessary and proper to its mandate (Section 6).

Board composition and secretariat

The Halal Board is chaired by the Secretary of the Department of Trade and Industry (DTI) (Section 7).
The Halal Board vice-chaired by the Secretary of the National Commission on Muslim Filipinos (NCMF) (Section 7).
The Halal Board includes the Secretaries of the Department of Agriculture (DA), Department of Health (DOH), Department of Science and Technology (DOST), and Department of Foreign Affairs (DFA) (Section 7).
The Halal Board includes the Secretary of the Department of Tourism (DOT) (Section 7).
The Halal Board includes the Governor of the Bangko Sentral ng Pilipinas (BSP) and the Chairperson of the Mindanao Development Authority (MinDA) (Section 7).
The Halal Board includes 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 people’s organizations and non-government organizations (Section 7).
The two (2) Muslim professionals serve a term of three (3) years and may be reappointed once (Section 7).
Ex officio members may designate alternates who must be at least Bureau Director in rank, and their acts are considered the acts of their principals (Section 7).
The DTI Secretary establishes an interagency secretariat from DTI bureaus concerned with Halal export development, the NCMF, the DA, and the DOH (Section 8).
The secretariat is headed by the Director of the Export Marketing Bureau, which may be strengthened through creation of a section to serve as the nucleus of the secretariat (Section 8).
The NCMF, DA, and DOH shall assign technical staff to the secretariat, and other agencies shall provide additional staff support upon necessity determined by the Chairperson (Section 8).

Accreditation and national standards

The Philippine Accreditation Bureau (PAB) is empowered to formulate accreditation policies and guidelines governing accreditation of Halal certification bodies (Section 9).
The PAB grants or denies accreditation of Halal certification bodies and suspends or withdraws accreditation according to established policies and guidelines (Section 9).
In formulating accreditation policies and guidelines and in performing accreditation functions, the PAB consults and, when necessary, collaborates with the Halal Board, its member agencies, and Halal industry stakeholders (Section 9).
Development of Philippine National Standards for Halal is assigned to:
- Department of Agriculture – Bureau of Agriculture and Fisheries Standards (BAFS) for primary and post-harvest foods (Section 10);
- Department of Health – Food and Drug Administration (FDA) for processed and prepackaged foods, drugs and cosmetics (Section 10);
- Department of Trade and Industry – Bureau of Philippine Standards (BPS) for nonfood products aside from drugs and cosmetics (Section 10).
The Halal Board assigns other Halal standards development not covered by the listed agencies to appropriate government agencies (Section 10).

Export and trade regulation requirements

All Philippine products exported as Halal, and processes and services whose outputs or benefits accrue or flow outside of Philippine territory, must (i) undergo certification from an accredited Halal certification body, (ii) comply with the appropriate Philippine National Standards for Halal or with international or foreign standards recognized by the standard setting agencies under Section 10, and (iii) be registered with the national regulatory agency concerned (Section 11).
The Philippine Halal Logo may be affixed or used by producers, manufacturers, processors, traders, exporters, and service providers on products, packaging, letterheads, brochures, leaflets and other forms of media only with permission of the relevant regulatory agency after compliance with the conditions required for export and trade (Section 11).
Halal certification of products, processes and services for domestic consumption or use is voluntary on the part of the producer, manufacturer, trader, retailer, or service provider (Section 11).
Producers, manufacturers, traders, retailers, and service providers catering the domestic market who have undergone voluntary certification from accredited Halal certification bodies may apply and be granted permission to use the Philippine Halal Logo on products, establishments, or facilities (Section 11).

Export promotion and government support

The DTI, particularly the Export Marketing Bureau, coordinates with the DA, DOH, and other agencies to enhance exporter capabilities and global competitiveness through business matching; trade and market information; organization of trade fairs and business missions; seminars, workshops, conferences and symposiums on export-related subjects including export documentation and procedures; product design and development; market consultancy; and product consultancy (Section 12).
The DTI and the DA task their Foreign Trade Service Corps and Foreign Agriculture Service Corps, respectively, to conduct commercial intelligence works and marketing activities to assist exporters in finding new and expanding existing markets (Section 12).
The DTI, together with the NCMF and the DFA, pursues recognition of accredited Halal certification bodies and certified Halal products, processes and services by accreditation and certification bodies of other countries (Section 12).
The government, especially the DA, provides and/or upgrades necessary common service facilities such as slaughterhouses, warehouses, refrigeration facilities, and laboratory facilities and equipment in strategic production, processing and manufacturing areas (Section 13).
The Board of Investments, the Philippine Economic Zone Authority, and other investment promotion agencies promote growth of Halal industries in economic zones and strategic locations and grant fiscal and non-fiscal incentives within their charters to attract investments in pioneering and essential industries that increase exports of Halal products or as raw materials or ingredients for production (Section 13).

Human resources, research, and extension

The DTI, NCMF, DA, DOH, DOST, CHED, TESDA, SUCs, certification bodies, private sector, and Muslim Filipino organizations establish and implement an institutional and human resource development program for Halal industry development (Section 14).
The program includes capacity building for producers, manufacturers and processors to comply with certification standards, including knowledge on facilities upgrading and retrofitting, adoption of accepted manufacturing practices, product and packaging development, marketing and product distribution, and business enterprise development (Section 14).
The program includes skills trainings for Halal industry workers, farmers, fishermen, and producers to contribute to productivity, good agricultural and animal husbandry and manufacturing practices, and compliance to food safety, health, hygiene and sanitation standards (Section 14).
The program includes a scholarship program for the underprivileged but deserving college and post graduate students in relevant fields in SUCs with programs in agriculture and fisheries and for technical-vocational courses for farmers, fishermen, farm technicians, and skilled workers in processing and manufacturing plants (Section 14).
TESDA formulates and implements competency standards and training regulations for technical-vocational education and training for the Halal industry (Section 14).
The program includes upgrading of facilities, faculty development, and strengthening of on-the-job training programs of higher education institutions in Halal technology and standards toward competent Halal industry graduates (Section 14).
The DTI, DA, DOH, DOST, CHED, SUCs and private organizations formulate and implement a national research, development and extension (RDE) program to develop, propagate, or commercialize Halal products and technologies and improve and expand Halal products, processes and services (Section 15).
SUCs capable of supporting Halal RDE are identified and assisted by CHED in coordination with DOST, DA, DTI and DOH, private sector, and Muslim Filipino organizations to become centers of development and excellence in Halal (Section 15).
The DOST upgrades capability of the PAB, BPS, FDA, BAFS, other regulatory agencies, Halal certification bodies, producers, manufacturers and service providers by imparting scientific and technical knowledge on Halal standards and conducting laboratory analyses through the Philippine National Halal Laboratory and Science Center (Section 15).

Consumer protection, logo rules, and compliance

Relevant provisions of fair trade, consumer protection and copyright laws and their implementing rules or orders, and the charters of regulatory and standard setting agencies apply in implementing this Act to ensure compliance with Philippine National Standards on Halal and the use of the Philippine Halal Logo (Section 16).
Nothing limits any department, agency or bureau from imposing, applying, or enforcing necessary fines and penalties under applicable fair trade, consumer protection and copyright laws (Section 16).
Appropriate agencies of the DTI, NCMF, DA, and DOH conduct consumer protection and advocacy programs to create consumer awareness of Halal products, processes and services and enable consumers to determine and complain unfair trade practices (Section 16).

Donations, appropriations, and transition

The Halal Board may accept grants, contributions, endowments, and bequests from local and foreign sources to support development and growth of Philippine Halal industries, including development of Philippine National Standards for Halal, institutional development of certification bodies, and consumer advocacy campaigns (Section 17).
Donations accepted by the Halal Board may not be used to fund personal services and other operating expenses of the Halal Board (Section 17).
The amount necessary for the initial implementation of the Act is charged against the current appropriations of the DTI (Section 18).
Thereafter, amounts necessary for continuous operation of the Halal Board and implementation of the Program are included in the annual General Appropriations Act (Section 18).
The Philippine Halal Promotion, Development and Accreditation Board under the NCMF is dissolved (Section 19).
Halal promotion and development records of the dissolved board transfer to the Halal Board (Section 19).
Accreditation records transfer to the PAB (Section 19).

Implementing rules, repeal, and separability

The Halal Board issues the implementing rules and regulations within ninety (90) days starting from the effectivity of the Act, in consultation with concerned government agencies, Muslim Filipino organizations, and Halal industry stakeholders (Section 20).
All laws, decrees, executive orders, and rules and regulations or parts thereof inconsistent with any provision of the Act are repealed, modified, or amended accordingly (Section 21).
If any provision is declared unconstitutional, the remaining provisions remain in full force and effect (Section 22).