Title
Seed Industry Development Act of 1992
Law
Republic Act No. 7308
Decision Date
Mar 27, 1992
The Seed Industry Development Act of 1992 promotes the growth of the seed industry in the Philippines, providing support, incentives, and protection against unfair competition, while also establishing a Board of Claims for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes under the Department of Justice to compensate individuals who have been wrongfully imprisoned or detained, as well as victims of violent crimes.
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Key Definitions

  • Seed: plant material for crop production including meristem and clonal propagules
  • Seed lot: identified quantity of seeds with uniform characteristics
  • Breeder seed: original seed source controlled by breeder or institution
  • Foundation seed: progeny of breeder seed with maintained genetic purity
  • Registered seed: progeny of foundation seed maintaining identity and purity
  • Seed industry: all activities related to seed production, processing, testing, marketing
  • Seed testing: analysis to determine seed quality based on prescribed methods
  • Seed certification: system ensuring genetic identity and quality standards
  • Quality control: systematic process to maintain seed quality standards
  • Seed sample: properly identified sample from seed lots for testing
  • Label: information presented on seed containers per regulations
  • Seed dealer/trader/merchant: entities engaged in processing or marketing seeds
  • Seed grower/producer: engaged in production and marketing of seeds
  • Seed control: regulation including registration and quality standards enforcement

National Seed Industry Council Composition

  • Replaces Philippine Seed Board
  • Chaired by Secretary of Agriculture
  • Includes Directors of key agricultural institutes and two farmer reps, one industry rep
  • Private sector representatives appointed for 3-year term
  • Members must be Filipino citizens

Council Powers and Functions

  • Formulate policies promoting genetic resource development
  • Encourage adoption of best practices to improve seed quality
  • Promote infrastructure and support services for seed industry growth
  • Develop medium and long-term programs for seed self-sufficiency
  • Provide awards and subsidies to outstanding breeders
  • Issue implementing rules and regulations

Council Meetings and Administration

  • Regular quarterly meetings with quorum of five members
  • Special meetings on Chairman’s call or member request
  • Members receive per diems and travel allowances but no salary
  • Chairman presides, supervises operations
  • Executive Director implements policies, manages budget, supervises Secretariat
  • Secretariat provides administrative support staffed under Civil Service rules

Technical Secretariat Responsibilities

  • Establish seed standards
  • Formulate varietal identification, evaluation, registration procedures
  • Manage cultivar release and discontinuation under national agricultural programs

National Seed Quality Control Services

  • Located in Bureau of Plant Industry
  • Oversees field inspections, seed testing labs nationwide
  • Assumes functions and resources of former Seed Certification components

Quality Control Services Functions

  • Develop quality control plans covering seed testing, certification
  • Sample and analyze local and imported seeds and issue reports
  • Conduct field inspections of seed crops and facilities
  • Perform seed research and training
  • Collect fees related to testing, inspections, permits, licenses
  • Accredit private seed testing laboratories
  • Support Council-directed seed quality initiatives

Seed Industry Development Program

  • To be adopted within 90 days of Council constitution
  • Establish National Seed Network for production of breeder, foundation, and registered seeds
  • DA to coordinate component agencies
  • BPI responsible for production, distribution, regulation, and management
  • UP Los Baños to lead in biotechnology and plant improvement
  • PHILRICE tasked with rice varietal development and extension
  • BOI to issue incentives for seed industry investments
  • Private and farmers’ sectors encouraged to cooperate and conserve resources

Incentives for Private Sector

  • Government technical assistance and training
  • Five-year duty and tax exemption on qualified seed processing equipment
  • Conditions: equipment not locally made, used exclusively, Council approval required
  • Restrictions on early disposal or transfer with penalties
  • 200% tax deduction on R&D and extension expenses for first five years

Prohibited Acts

  • Importing commercially available local seed species except exceptional cases
  • Exporting rare plant genetic materials except for scientific/international exchange
  • Other prohibitions as declared by the Council

Seed Fund and Financial Provisions

  • Special Seed Fund created from government appropriation, existing funds, fees, and donations
  • Managed by Bureau of Plant Industry in trust for the Council
  • Council authorized to allocate and utilize funds

Appropriations

  • Necessary funds to be included in annual General Appropriations Act

Enforcement Powers

  • Executive Director authorized to search and seize unlawful seed lots with court warrant
  • Condemnation orders subject to hearing and claimant’s right to comply
  • Sale, processing, or disposal of condemned seed regulated

Penal Provisions

  • Violators subject to fines up to P10,000 or imprisonment up to 5 years, or both
  • Officers of offending firms liable if participating or consenting

Implementation and Regulatory Procedures

  • Council to promulgate implementing rules within 90 days
  • Repeal or modification of inconsistent laws except Local Government Code
  • Separability clause preserving valid provisions if part declared invalid
  • Act effective 15 days after publication in official/gazette and newspapers

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