Law Summary
Definitions of Key Terms
- Efficacy Test/Trial: Mechanism to prove effectiveness of organic fertilizers.
- Brand Name: Trademark used in connection with organic fertilizer products; approval required.
- Certification: Attestation by accredited Organic Certifying Bodies (OCB) of product conformity to standards.
- Certificate of Registration (COR): Written approval granted to registered organic fertilizer producers.
- Full Registration: Achieved after compliance including two seasons of efficacy tests.
- Provisional Registration: Granted after one season of efficacy tests.
- Organic Fertilizer: Solid or liquid products of plant or animal origin, decomposed and nutrient-supplying, without chemical additives.
- Officially-Accredited Organic Agriculture Researcher (OAR): Scientist trained to conduct efficacy trials.
- Evaluator/Technical Consultant: DA-BAFS scientific expert for evaluation.
- Experimental Use Permit (EUP): Required prior to efficacy trials.
- Heavy Metals: Toxic metals with allowable limits in products.
- Label: Written/printed info on product container.
- Microbial Inoculant: Biologically active product aiding biological plant processes.
- Notice to Proceed (NTP): Official permit to conduct trials.
- Organic Label: Denotes designation as organic per PNS.
- Organic Certificate: Assurance of conformity issued by accredited OCB.
- Organic Fertilizer Producer: Entity engaged in production/marketing.
- Organic Plant Supplement: Organic compounds enhancing plant physiological processes.
- Pathogen: Organisms causing health harm.
- Post-market Surveillance: Monitoring of safety and quality of products after market release.
- Raw Materials/Substrates: Naturally occurring materials for organic fertilizers.
- Registrant: Entity applying for registration.
- Registration: Process of official entry of producer info into DA-BAFS system.
- Third Party Authorization (TPA): Agreement allowing third party distribution.
- Validation: Official compliance verification to PNS.
Scope of Coverage
- Covers producers involved in export, import, manufacture, formulation, distribution, supply, repacking, storage, commercial application, selling, and marketing of organic fertilizer products like compost, microbial inoculants, plant growth promoters, and supplements.
Registration Procedures
- Application for Experimental Use Permit (EUP) followed by efficacy trials.
- Submission of documentary requirements according to Annexes.
- Payment of fees and presentation of Official Receipt.
- Endorsement and approval by DA-BAFS Consultant within specified working days.
- Issuance of Notice to Proceed (NTP) or Certificate of Registration (COR) within set time frames.
- Separate procedures for Provisional and Full Registration statuses.
Special Procedures for Registrants with Fertilizer and Pesticide Authority (FPA) Registration
- Registrants with ongoing or existing FPA registration must secure organic certification from an accredited OCB.
- Provide FPA documents and other requirements.
Criteria for Approval of Registration
- No misrepresentation or deviance in submitted documents.
- Compliance with relevant Philippine National Standards.
- Proven efficacy of the product based on trials.
Certificate of Registration (COR) Details
- Must include unique registration code, producer's name and address, product name, crop groupings, registration status, and dates of issuance and expiration.
- Supported by a Deed of Undertaking stating mutual rights and obligations.
Validity Period of COR
- Provisional Registration: Valid for one year.
- Full Registration: Valid for three years.
Renewal of Certificate of Registration
- Requires submission of specific documentary requirements.
- Payment of prescribed fees.
- Evaluation and issuance of renewed COR within stipulated time.
Label Expansion
- One efficacy test needed for representative crop in the desired crop grouping.
- No additional tests required for other crops within the same grouping.
Transfer of Registration
- Allowed subject to requirements in specified annex.
Third Party Authorization (TPA)
- Recognized by DA-BAFS with minimum terms:
- Validity period.
- Rebranding requires new organic certification.
- Automatic cancellation for rule violations.
- Non-disclosure and non-transferability clauses.
- Limit of transferability to three parties.
Fees
- Prescribed fees are payable as indicated in the Circular’s annex.
Grounds for Revocation of COR
- Revocation of organic certification by OCB.
- Non-compliance with PNS or organic standards.
- Misbranding and misrepresentation.
- Failure to submit renewed license or organic certificate within two months after expiration.
Labeling Requirements
- Must include name, logo/seal of OCB, OCB accreditation number, and DA-BAFS registration number.
Monitoring and Post-Market Surveillance
- Conducted by Organic Agriculture Validation Team (OAVT).
- Ensures compliance with PNS and prevention of misbranding, adulteration, and false advertising.
- Follow approved validation guidelines.
Annexes
- Integral parts of the Circular.
- Changes require National Organic Agriculture Board (NOAB) approval.
Separability Clause
- Invalid provisions do not affect validity of remaining provisions.
Repealing Clause
- Supersedes inconsistent previous guidelines and circulars.
Administrative Penalties
- Violations may lead to revocation, delisting, and blacklisting from DA-BAFS official list.
Effectivity
- Circular takes effect fifteen days after publication and filing with the National Administrative Register.