Title
Rules on PhilGAP Certification and Compliance
Law
Administrative Circular No. 01, S. 2018
Decision Date
Jan 26, 2018
The Philippine Jurisprudence case examines the objectives, scope, and administrative procedures of DA Administrative Circular No. 1, S. 2018, which aims to promote the adoption of GAP modules and enhance the availability of Philippine agricultural crops in ASEAN and foreign markets through certification and monitoring processes.
rules and regulations
certification
crops

Legal basis and supersession

  • The circular is issued pursuant to Article III, Section 5 (a) (2, 3, 4) and Article V, Section 16.E of Republic Act No. 10611, also called the Food Safety Act of 2013.
  • The circular is expressly superseding Administrative Circular No. 10, series 2013 in its subject matter on PhilGAP certification rules.

Policy objectives and program aims

  • The circular aims to facilitate the adoption of the four (4) GAP modules, covering food safety, produce quality, environmental management, and workers’ health, safety and welfare, under Section 1.1.
  • The circular aims to facilitate availability and access of Philippine agricultural crops to neighboring ASEAN markets and other foreign markets, under Section 1.2.

Core definitions for PhilGAP

  • Agricultural Crops are cultivated plants whose products are harvested at some point in their growth stage intended for human consumption, under Section 6.1.
  • Applicant refers to persons or groups (cooperatives, corporations, institutions, or organization/associations) involved in crop production applying for PhilGAP certification, under Section 6.2.
  • Certification is the issuance of a PhilGAP certificate through a formal procedure where a competent authority evaluates and verifies applications against established requirements or standards, under Section 6.4.
  • Certification Committee is chaired by the BPI Assistant Director, and is tasked to evaluate and review applications to recommend qualified applicants to the BPI Director for approval, under Section 6.5.
  • Conflict of interest exists when the person has an economic interest with the applicant under review for approval one year prior to, during, or one year after work or employment was concluded, under Section 6.6.
  • Food Safety is the assurance that food will not cause harm to consumers when prepared or eaten according to its intended use, under Section 6.8.
  • Good Agricultural Practices (GAP) are practices that address environmental, economic and social sustainability for on-farm processes and result in safe and quality food and nonfood agricultural products, under Section 6.10.
  • PhilGAP Inspector refers to duly designated technical personnel from BPI, various regional field offices, and other agencies tasked to conduct actual inspection for initial or renewal inspection and to prepare and submit inspection reports, under Section 6.18.

Coverage, application options, and program roles

  • The circular applies to rules on issuing, maintaining, and revoking PhilGAP Certificates for agricultural crops based on compliance with the four (4) GAP modules under Section 2.
  • It covers farms and packing facilities with agricultural crops harvested at a point in their growth stages intended for human consumption or to be used as raw materials for processed products for food purpose, under Section 3.
  • Coverage applies to agricultural crops that have available Philippine National Standards (PNS) guide, under Section 3.
  • Individual certification is available when an individual producer (the certificate holder) applies based on its currently practiced farm management system, under Section 4.1.
  • Group certification is available when a group (cooperative, corporation, institution, or organization/association) (the certificate holder) applies based on its currently practiced QMS or ICS, whichever is applicable, under Section 4.2.
  • The circular establishes the composition and tasks of the PhilGAP Certification Committee, PhilGAP Inspectors, Monitoring Inspectors, the Program Secretariat, and the Regional GAP Team, under Section 5.

Administration and inspection structure

  • The PhilGAP Certification Committee (PhilGAPCC) is chaired by the BPI Assistant Director, with co-chairing by the chiefs of PPSSD, and includes NPQSD and NSQCSD and/or their designated representatives, with permanent members designated by Special Order signed by the Secretary, under Section 7.1.
  • The PhilGAPCC evaluates applications after initial evaluation by PhilGAP Inspectors, makes recommendations to the BPI Director, and endorses qualified applicants for certification, under Section 7.2.1 and Section 7.2.2.
  • The PhilGAPCC acts on filed complaints about abuses in production and sale of products not adhering to PhilGAP provisions, including use of the PhilGAP certified mark; reviews investigation reports; and recommends to the BPI Director whether to revoke or cancel previously issued PhilGAP certification, under Section 7.2.3.
  • The PhilGAPCC recommends the list of qualified PhilGAP inspectors for approval to the Office of the Secretary, conducts annual review of the program and endorses the strategic plan to the BPI Director, and reviews guidelines/inspection procedures annually and proposes changes when necessary, under Sections 7.2.4 to 7.2.6.
  • The BPI maintains a pool of PhilGAP Inspectors; the current pool remains valid until amended or revoked via relevant Special Orders, under Section 8.1.
  • PhilGAP Inspectors set-out the inspection plan, conduct actual inspection, collect samples for laboratory analysis when necessary, prepare inspection reports, coordinate with applicants on compliance/non-compliance items, conduct follow-up inspections when necessary, and submit inspection reports/checklists to the Certification Committee through the Program Secretariat, under Section 8.2.
  • Designated PhilGAP Inspectors must hold a degree in agriculture or related science and have training and experience in basic food safety principles, crop management, integrated pest management, postharvest techniques and handling aspects, and environmental management, under Section 8.3.
  • The BPI may collaborate with the Bureau of Agriculture and Fisheries Standards (BAFS) in training PhilGAP Inspectors on PNS provisions, and inspection/training budget is charged to the BPI GAP Program subject to availability of funds and government accounting rules, under Sections 8.4 and 8.5.
  • The PPSSD heads the pool of Monitoring Inspectors, under Section 9.1, tasked to monitor compliance of PhilGAP-certified farms and to conduct investigations of filed complaints, under Section 9.2.
  • Monitoring Inspectors must meet the same minimum degree/training/experience requirements stated for PhilGAP Inspectors, under Section 9.3, and the BPI may collaborate with BAFS for PNS training and charge monitoring/training budget to the BPI GAP Program, under Sections 9.4 and 9.5.
  • The PhilGAP Program Secretariat is headed by the Accreditation and Inspection Section (AIS) of BPI-PPSSD and composed of designated BPI-PPSSD personnel, under Section 10.1.
  • The Program Secretariat performs technical support functions: assessing applications, preparing inspection plans, coordinating with inspectors and relevant agencies during inspection, receiving and submitting inspection results to the PPSSD Division Chief for review and subsequent submission to the PhilGAPCC, safe-keeping pertinent certification documents, drafting official communications/documentations, and other assigned duties, under Sections 10.2.1.1 to 10.2.1.7.
  • The Program Secretariat performs administrative support: scheduling inspections, booking/transport/budget preparations, organizing record keeping and documentation, coordinating with technical secretariat/management for administrative matters, and other assigned duties, under Sections 10.2.2.1 to 10.2.2.4.
  • The Regional Field Office – Regulatory Division (RFO-RD) promotes and assists eligible farmers applying for PhilGAP certification and conducts farm pre-assessment and recommends applicants to the Regional Director for endorsement to the BPI, under Section 11.1.
  • The BPI may accredit third parties to conduct PhilGAP inspection and certification, and the necessary guidelines shall be issued before accreditation, under Section 12.

Certification application filing and evaluation

  • The following may apply for PhilGAP certification: individual (including partnerships), group (cooperatives, corporations, institutions/organizations/associations), and agencies managing demonstration farms of government/academic/research institutions including LGUs, under Section 13.1.
  • Individual applicants must submit: (a) duly accomplished application form; (b) farm profile; (c) farm map or area map and GPS coordinates if available; (d) field operation procedures including list of fertilizers, pesticides and other agro-chemical inputs used; (e) certificate of training of the farm owner or authorized representative on PhilGAP conducted by recognized institutions (ATI, BPI, LGUs, RFOs, SUCs) or by ATI-accredited extension service providers, and for internally conducted trainings, a training record; and (f) production and harvesting records with at least one production cycle or three (3) months of farm records, under Section 13.2.1.
  • Group applicants must submit: (a) duly accomplished application form signed by applicant or designated representative, with a board resolution authorizing the representative if applicable; (b) farm and/or organizational profile as applicable; (c) farm map/area map and GPS coordinates if available; (d) field operation procedures including list of fertilizers and agro-chemical inputs used; (e) certificate of GAP training of farmers conducted by ATI/BPI/LGUs/RFOs/SUCs or ATI-accredited extension service providers, with training record for internal trainings; (f) production and harvesting records with at least one production cycle or three (3) months of farm records; (g) for corporation, QMS or ICS, as applicable; (h) Certificate of Registration (SEC, DOLE, CDA) and other related permits (e.g., ECC) as applicable; (i) certificate for accreditation of farmers/growers if applicable; and (j) procedure for outgrowership or contract farming scheme showing that the company/PMOs/cooperative has 100% control of all registered or accredited growers, including internal policies on accreditation of farmers/growers and sanctions, if applicable, under Section 13.2.2.
  • Applicants shall submit the application to the Office of the DA Regional Executive Director (RED) of their respective regions, which endorses the application to the BPI Director through the Program Technical Secretariat for evaluation and appropriate action, under Section 13.3.
  • After evaluation, the Program Technical Secretariat notifies the applicant and the PhilGAP Inspectors of the inspection plan within ten (10) working days, under Section 13.4.

Inspection procedures and required assessments

  • Farms are evaluated using a checklist based on adopted relevant PNS that sets requirements for PhilGAP certification, and the same checklist applies to farms producing crops for both domestic and international markets, under Section 14.1.
  • Farm assessment must comply with the four (4) GAP modules, under Section 14.2.
  • A multi-disciplinary inspection team of at most three (3) inspectors conducts inspection using the guidelines and checklist; if applicable, samples for heavy metals, microbial and pesticide analysis are taken using appropriate sampling techniques; the applicant provides samples for analysis, under Section 14.3.
  • Laboratory analysis cost is guided by Section 16 (Payment of Fees), under Section 14.3.
  • PhilGAP Inspectors submit the inspection report to the GAP Certification Committee through the Program Technical Secretariat within five (5) working days after completing all necessary inspections, including follow-up inspections of non-compliant items, under Section 14.4.
  • The Program Technical Secretariat notifies the applicant and the GAP Certification Committee within five (5) working days upon receipt of the inspection report and laboratory results, under Section 14.5.

Certificate issuance, mark use, and renewal

  • The PhilGAPCC convenes to act on PhilGAP applications and has five (5) working days to give recommendations to the BPI Director, under Section 15.1.
  • The BPI Director acts on the PhilGAPCC recommendation within five (5) working days, under Section 15.2.
  • The Program Technical Secretariat notifies the applicant of the certification status within five (5) working days upon receipt of the BPI Director’s decision, under Section 15.3.
  • The BPI Director signs all PhilGAP certificates, under Section 15.4.
  • Each PhilGAP certificate bears: (a) PhilGAP Certificate Number; (b) farm identification number; (c) name of farm/applicant; (d) address of the farm; (e) name of farm/crop certified; (f) validity period; (g) signing authority; and (h) terms and conditions, under Section 15.5.
  • For group certification, the PhilGAP certificate is accompanied by an Annex listing farmer members, area of farm, and name of produce, under Section 15.6.
  • PhilGAP certification entitles the applicant to use the official mark, under Section 15.7.
  • PhilGAP certified farms must put up signboards and/or billboards prominently displayed using specified size 1.2 mx 0.9 m, height from ground 2 m, with white background with black letterings, and must include: PhilGAP Certified Farm, Name of the Farm, Farm Identification No., Name of the Applicant, Location of the Farm, Name of Crops Certified, Area Planted, and Validity period, under Section 15.8.

Monitoring and fee rules

  • Once a farm is granted a PhilGAP certificate, it must be subjected to monitoring for compliance at least once, or as deemed necessary, during the certificate validity period, under Section 16.1.
  • Monitoring frequency is based on the inspection and monitoring report, under Section 16.2.
  • Application and the cost of required analysis for PhilGAP certification are free of charge, under Section 17.
  • If there is non-compliance to standards, the applicant shoulders the cost of subsequent laboratory analyses, under Section 17.

Validity, renewal timing, and renewal inspection

  • A PhilGAP certificate is valid for two years (2) from the date of issuance, under Section 18.1.
  • Renewal applications require additional documents: (a) updated farm records in the last two (2) years of operation; (b) updated list of fertilizers and pesticides used; (c) updated farm map showing new areas/expansion if applicable; and (d) revised manual of operation if applicable, under Section 18.2.
  • Renewal must be filed not later than three (3) months prior to the expiry date, under Section 18.3.
  • Renewal requires re-inspection of the farm based on PhilGAP guidelines, with inspection conducted within three (3) months prior to the expiry date, under Section 18.4.
  • Renewal inspections are preferably conducted during the harvesting season to cover as many checklist points as possible; if no agricultural crop is present when inspection is due, the BPI may extend the validity of the certificate to 3 months if the applicant already filed for renewal, under Section 18.5.

Official mark use and unauthorized use consequences

  • The PhilGAP Certified mark is an official logo with prescribed specifications used EXCLUSIVELY by a PhilGAP Certified Farm on the specified crop produce and/or in their packaging materials, under Section 19.
  • PhilGAP certified farms may use the official mark on letterheads, brochures, and other advertisements and promotional materials, under Section 20.
  • Unauthorized use of the PhilGAP Certified mark is subject to the relevant provisions of the Consumer Act of the Philippines (Republic Act 7394 of 1991) and Philippine Patent Laws, under Section 21.

Revocation, appeals, and confidentiality

  • Revocation results when there is non-compliance with major provisions of the relevant PNS Code of Good Agricultural Practices (GAP) or failure to comply with any part of the guidelines as shown by audit reports or reports of investigations of filed complaints (under Section 7.2.3), including loss of the privilege of using the PhilGAP Certified mark, under Section 22.
  • A PhilGAP certificate recipient with valid and justifiable reasons may submit an appeal for reconsideration, under Section 23.
  • Any person whose existing GAP certificate has been revoked or whose application for a GAP certificate has been denied may appeal in writing within fifteen (15) days after receiving written notification, under Section 27.
  • The appeal must state all facts and reasons on which the appellant bases the appeal, and the appeal will be acted on within sixty (60) days from receipt, under Section 27.
  • Information on production practices, customer list, complaint log and others submitted by applicants for approval shall not be released to any party or to the public without written permission from the applicant, under Section 24.
  • General information may be released: (a) name, address and telephone number of the applicant; (b) date of approval; (c) information to comply with a court order; and (d) information to comply with a request from the PhilGAPCC investigating an alleged complaint, under Section 25.

Conflict-of-interest duty for personnel

  • Personnel involved in PhilGAP certification who have a conflict of interest must make the conflict known and must not participate in discussions or decisions regarding the applicant under review, under Section 26.

Separability and publication effectivity

  • If any provision of the circular is declared invalid or unconstitutional, other provisions remain in full force and effect under Section 28.
  • The rules take effect 15 days after publication in two (2) newspapers of general circulation, under Section 29.

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