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.
A

Scope and Coverage

  • Establish revised rules for issuing, maintaining, revoking PhilGAP certificates for agricultural crops.
  • Applies to farms and packing facilities with crops intended for human consumption or raw materials for food products.
  • Covers crops with available Philippine National Standards (PNS) guide.
  • Certification options: Individual certification (single producers); Group certification (cooperatives, corporations, associations).
  • Defines roles of Certification Committee, PhilGAP Inspectors, Monitoring Inspectors, Program Secretariat, and Regional GAP Team.

Key Definitions

  • Agricultural Crops: Cultivated plants harvested for human consumption.
  • Applicant: Person or group applying for PhilGAP certification.
  • Certification Committee: Group chaired by BPI Assistant Director for evaluation and recommendation.
  • Conflict of Interest: Economic interest with applicant affecting impartiality.
  • Good Agricultural Practices (GAP): Environmentally, economically, socially sustainable on-farm practices yielding safe, quality agricultural products.
  • Inspection: Examination of food production and facilities for legal and standard compliance.
  • PhilGAP Inspector and Monitoring Inspector: Designated technical personnel responsible for inspections and compliance monitoring.
  • Program Secretariat: BPI unit tasked with coordination, communication, and document management.

Administration Structure

  • PhilGAP Certification Committee (PhilGAPCC) chaired by BPI Assistant Director; responsible for evaluation, complaints, recommendations, and program oversight.
  • Pool of PhilGAP Inspectors assigned to conduct inspections, prepare reports, and coordinate applicant compliance.
  • Pool of Monitoring Inspectors tasked with ongoing monitoring and complaint investigations.
  • PhilGAP Program Secretariat manages application assessment, inspection coordination, documentation, and communication.
  • Regional Field Office Regulatory Division promotes certification and conducts pre-assessments.
  • Provision for possible accreditation of Third Parties to conduct inspections and certifications.

Certification Procedures

  • Eligible applicants: Individuals, groups, government/agencies managing demonstration farms.
  • Documentation required includes application forms, farm profile, maps, field operation procedures, training certificates, and production records.
  • Group applications require additional documentation including organizational profiles, Quality Management Systems, registration certificates, and accreditation documents.
  • Application submitted to DA Regional Executive Director for endorsement to BPI for evaluation.
  • Inspection uses a PNS-based checklist covering four GAP modules with multidisciplinary teams, sample collection, and follow-up as needed.
  • Inspection reports submitted within 5 working days; applicants notified of inspection plan and results.
  • Certification decisions made by PhilGAPCC and finalized by BPI Director within defined timelines.
  • Issued certificates include detailed farm and certification information; group certificates include annex of members.
  • Certified farms entitled to use the official PhilGAP mark and required to display certification signage.

Monitoring and Compliance

  • Certified farms are monitored at least once or as needed during certificate validity.
  • Monitoring frequency guided by prior inspection and monitoring reports.

Fees and Validity

  • Certification application and initial required analysis are free.
  • Costs for laboratory analysis due to non-compliance borne by applicant.
  • Certificates valid for two years; renewal requires updated documentation and re-inspection.
  • Renewal applications to be filed at least three months before expiration; inspection preferably during harvesting season.

Use of PhilGAP Certified Mark

  • The official PhilGAP mark is exclusive for certified farms on specified crops and packaging.
  • Authorized usage extends to promotional materials like brochures and letterheads.
  • Unauthorized use is subject to penalties under Consumer Act and Patent Laws.

Revocation of Certification

  • Non-compliance with major PNS provisions or administrative guidelines leads to revocation.
  • Revocation includes loss of privilege to use the PhilGAP Certified mark.
  • Appealable by affected certificate holders with valid reasons.

Confidentiality

  • Production practices, customer lists, and complaints are confidential without applicant consent.
  • General information such as applicant name, address, approval dates may be disclosed under specific conditions.

Conflict of Interest

  • All certification personnel must disclose any conflict of interest and abstain from related decisions.

Appeals Process

  • Denial or revocation can be appealed in writing within 15 days.
  • Final decision on appeal to be made within 60 days.

Miscellaneous Provisions

  • Separability Clause: Invalidity of any provision does not affect the rest.
  • Effectivity: Rules take effect 15 days after publication in two newspapers of general circulation.

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