Title
Seed Industry Development Act of 1992
Law
Republic Act No. 7308
Decision Date
Mar 27, 1992
Republic Act No. 7308 establishes a National Seed Industry Council to promote the development of the seed industry in the Philippines through genetic resource conservation, quality control, and support for local seed production and research.
A

Declaration of Policy

  • State policy to promote and accelerate seed industry development.
  • Government roles include:
    • Conserving and preserving national plant genetic resources.
    • Encouraging organization and integration of all industry sectors.
    • Providing assistance to seed industry sectors.
    • Considering seed industry a preferred investment area.
    • Protecting local seed industry against unfair import competition.

Definition of Terms

  • Defines key terms such as:
    • Seed, seed lot, breeder seed, foundation seed, registered seed.
    • Seed industry components.
    • Seed testing, certification, quality control.
    • Labeling, seed dealer, seed grower/producer.
    • Seed control refers to regulation of seed marketing.

National Seed Industry Council

  • Creation of a Council replacing the Philippine Seed Board.
  • Composition includes government officials and sector representatives.
  • Term of three years for private sector representatives.
  • Vacancies filled for unexpired terms.

Duties, Powers and Functions of the Council

  • Formulate policies promoting plant breeding and seed quality.
  • Encourage adoption of quality systems by seed industry participants.
  • Promote infrastructure and support services establishment.
  • Create medium and long term seed development program.
  • Grant awards and subsidies to breeders.
  • Promulgate implementing rules and regulations.

Council Meetings

  • Regular quarterly meetings; special meetings as necessary.
  • Five members constitute a quorum.
  • Members receive per diems and travel allowances but no compensation.

Chairman Duties

  • Presides over Council meetings.
  • Supervises Council operations and administration.
  • Performs other Council-assigned duties.

Executive Director Duties

  • Implements Council policies and resolutions.
  • Assists in Council management.
  • Coordinates government seed programs.
  • Oversees budget and financial management.
  • Supervises Council Secretariat.

Council Secretariat

  • Provides administrative and secretarial support.
  • Personnel appointed under Civil Service rules.

Technical Secretariat

  • Functions for varietal identification, evaluation, registration, and certification.
  • Staff appointed by Chairman upon Executive Director recommendation.

National Seed Quality Control Services

  • Established within Bureau of Plant Industry.
  • Oversees field inspections, control services, seed testing labs nationwide.
  • Absorbs existing seed certification and quality control sections.

Functions of National Seed Quality Control Services

  • Plans seed quality control programs.
  • Samples and tests local and imported seeds.
  • Conducts field inspections.
  • Performs seed research and training.
  • Collects fees for services.
  • Accredits private seed testing labs.
  • Performs additional Council-directed duties.

Seed Industry Development Program

  • Council to adopt a comprehensive program within 90 days.
  • Establishes a National Seed Network of production centers.
  • Department of Agriculture coordinates the program.
  • Bureau of Plant Industry manages production and regulation of breeder, foundation, and registered seeds.
  • Other agencies (UP Los Baños, PHILRICE, BOI) have defined roles.
  • Private sector encouraged to cooperate.
  • Farmers’ organizations participate in genetic resource conservation.

Incentives for Private Sector

  • Technical assistance including training and access to research.
  • Duty and tax exemption on technical equipment (first 5 years) under conditions.
  • 200% income tax deduction for R&D expenses (first 5 years).
  • Restrictions on transfer of exempted equipment.
  • Exemptions exclude those with similar incentives from Omnibus Investments Code.

Prohibited Acts

  • Importation of commercially available local seed species (exceptions apply).
  • Exportation of rare seed species unless for scientific/international exchange.
  • Other prohibitions as determined by the Council.

Funds of the Council

  • Special Seed Fund created from:
    • Initial P5,000,000 appropriation.
    • Existing Seed Fund.
    • Revenues from seed sales, fees, fines, and donations.
  • Fund held in trust by Bureau of Plant Industry under Council’s authority.

Appropriations

  • Necessary funds granted through General Appropriations Act starting year after enactment.

Authority to Search and Condemn Unlawful Seed Lots

  • Executive Director authorized to search and seize unlawful seed lots with court warrant.
  • May order condemnation after due hearing unless claimant files for release/payment.

Penal Provisions

  • Violations punishable by fine up to P10,000 or imprisonment up to 5 years, or both.
  • For firms, managers/officers involved liable for imprisonment.

Rules and Regulations

  • Council to promulgate implementing rules within 90 days after effectivity.

Repealing Clause

  • Repeals inconsistent laws but preserves Local Government Code provisions.

Separability Clause

  • Invalidity of any part of the Act does not affect the rest.

Effectivity

  • Act takes effect 15 days after publication in Official Gazette or newspapers of general circulation.

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