Farm Tourism Development Act of 2016

July 8, 2019

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10816

RULE I

Farm Tourism in the Philippines

SECTION 1. Purpose and Coverage. — This Implementing Rules and Regulations (IRR), hereinafter called "IRR", is promulgated pursuant to Section 15 of Republic Act No. 10816, otherwise known as the "Farm Tourism Development Act of 2016" for the purpose of prescribing the necessary rules and regulations for the development and promotion of Farm Tourism in the Philippines.

SECTION 2. Construction. — These rules shall be construed and applied in accordance with and in furtherance of the policies of RA 10816.

SECTION 3. Statement of Policy. — It is the declared policy of the State to:

a) Provide the policy and enabling environment for the encouragement, development and promotion of farm tourism in the country;

b) Recognize the importance of agriculture in making available food and other products necessary to sustain and enhance human life, and in providing livelihood to a major portion of the population;

c) Further recognize that tourism, coupled with agriculture extension services, can disseminate the value of agriculture in the economic and cultural development of the country, serve as a catalyst for the development of agriculture and fishery communities, and provide additional income for farmers, farmworkers, and fisherfolk;

d) Promote environment-friendly, efficient and sustainable farm practices; provide alternative recreation facilities and farm tourism activities for families, students and other clientele; and promote health and wellness with high-quality farm-produced food.

SECTION 4. Definition of Terms. — For the purpose of this IRR, the following terms or words or phrases shall mean or be understood as follows:

a) Act — Shall refer to the Republic Act No. 10816.

b) Visitor — Shall refer to any person travelling to a place other than that of his/her usual environment (usual place of residence) for less than 12 months and whose main purpose of trip is other than the exercise of an activity remunerated from within the place visited.

c) Farm tourism — Shall refer to the practice of attracting visitors to farm areas for production, educational and recreational purposes. It involves any agricultural- or fishery-based operation or activity that brings to farm visitors, farmers and fisherfolk who want to be educated and trained on farming and its related activities, and provides a venue for outdoor recreation and accessible family outings.

d) Farm tourism activity — Shall refer to any activity carried out on a farm through education, recreation or leisure.

e) Farm tourism camp — Shall refer to any farm area that allows visitors to visit, get involved in farm activities, and to enjoy and learn rural lifestyle.

f) Farm tourism operator — Shall refer to any person, company or recognized group, who is the owner or overall in charge of a farm tourism camp.

g) Farm tourism practitioner — Shall refer to any person who is engaged in providing one or more farm tourism activities.

h) Accreditation — Shall refer to a certification officially recognizing a farm tourism camp as having complied with the minimum standards for farm tourism.

i) Inbound Tour — Shall refer to a tour of individual/group to the Philippines or any place within the country and any part thereof.

RULE II

Farm Tourism Strategic Action Plan

SECTION 5. Farm Tourism Strategic Action Plan. — The Farm Tourism Strategic Action Plan, herein referred to as the Plan, shall be the comprehensive set of programs, projects and activities for the growth of farm tourism in the country. It shall be integrated and be made consistent with the National Tourism Development Plan and the Philippine Development Plan (PDP) for Agriculture, Forestry, and Fishery Sector 2017-2022. The Plan shall cover, among others, the following areas of concern:

A. Investment Promotion and Financing.

1. The Department of Tourism (DOT), the Department of Agriculture (DA) and the Department of Trade and Industry (DTI) shall develop programs linking stakeholders in the farm tourism industry, government financial institutions (GFIs), government-owned or -controlled corporations (GOCCs), private banks, financial cooperatives and other lending institutions to increase access to credit for farm tourism.

2. The Land Bank of the Philippines (LBP), the Development Bank of the Philippines (DBP), the Small Business Corporation, and other government corporations and instrumentalities providing financing programs shall create lending windows to cater to the development of farm tourism camps and activities.

3. The Tourism Infrastructure and Enterprise Zone Authority (TIEZA) and the Board of Investments (BOI), and other investment promotion agencies, shall develop and implement programs that shall establish reasonable and innovative investment incentives to attract more investors and farm tourism practitioners in the farm tourism industry.

4. Farm tourism operators and practitioners may avail of incentives under existing laws.

B. Market Research and Information.

1. The DOT Office of Tourism Development Planning, Research and Information Management (OTDPRIM) and the Agricultural Training Institute (ATI) of the DA shall conduct researches and studies on farm tourism market, trends and innovations, industry manpower needs and development; sustainable agriculture practices and education, and other issues that may be identified by the Board.

2. The DOT and the DA shall collaborate and maintain a comprehensive farm tourism information system to assist the government in formulating plans and programs on farm tourism development and to enable industry stakeholders respond to the needs of the market. The information system shall contain information and statistics on farm tourism camps and activities, market researches, accessibility and available modes of transportation, publications and research materials, and other information as identified by the Board.

C. Accreditation of Farm Tourism Camps.

1. The DOT and the DA shall jointly promulgate and enforce the standards and guidelines on the accreditation of farm tourism camps.

2. Accreditation shall be on a voluntary basis and shall be valid for two (2) years.

3. Accreditation may be suspended or revoked for any violation of the standards.

4. The DOT with the endorsement from DA, through ATI, shall approve and issue the certificate of accreditation to qualified Farm Tourism Camps.

D. Market Promotion and Development.

1. The DOT and the Tourism Promotions Board (TPB), the DA, the DTI and LGUs shall include farm tourism in their marketing and promotions programs, and support operators of accredited farm tourism camps and their associations in conducting and joining local and international conferences, congresses, trade fairs, and exhibits.

2. Inbound tour operators shall include accredited farm tourism camps as part of their suggested itineraries.

3. The ATI and the Technical Education and Skills Development Authority (TESDA) shall showcase farm tourism camps and activities as a way of promoting sustainable agriculture. The ATI shall encourage Learning Sites (LS), School for Practical Agriculture (SPA), and Accredited Extension Service Providers (ESP) to become Farm Tourism Camps, and TESDA shall accredit LS, SPA, ESPs as Farm Schools, TESDA shall likewise encourage these Farm Schools to become Farm Tourism Camps.

4. The DTI Bureau of Small and Medium Enterprise Development and the Bureau of Domestic Trade Promotion and the DA — Agribusiness and Marketing Assistance Service shall assist farm tourism operators and practitioners in the marketing and distribution of their products, and link them with consumers' cooperatives and organizations, and retailers.

5. The DOT, the DA, and the Philippine Information Agency (PIA) shall launch and pursue a nationwide campaign to promote inclusive farm tourism and accredited farm tourism camps, and promote the principle of sustainable development. For this purpose, the DOT and the DA shall encourage the establishment of at least one (1) farm tourism camp in every province in the country.

6. Encourage the involvement of the youth sector, through farmer-related youth organizations, in the promotion, advancement and enterprise development of Farm Tourism Camps.

E. Agriculture and Fishery Research, Development and Extension.

1. The Philippine Council for Agriculture, Aquatic and Natural Resources Research and Development and the Bureau of Agricultural Research shall include the technology needs on farm tourism camps in the research and development programs in agriculture, aquatic and natural resources and shall disseminate such results to the DOT, the DA, the DTI, other concerned government agencies, farm tourism operators and practitioners, state universities and colleges (SUCs) and private educational institutions offering educational programs on farm tourism development, and organizations engaged in farm tourism.

2. The ATI, together with the Cooperative Development Authority (CDA), SUCs, educational and research institutions and other relevant government agencies shall develop and implement programs for the adoption of technologies appropriate for farm tourism, provide adequate training and agricultural extension services for farm tourism practitioners and operators and strengthen farm tourism cooperatives and organizations.

3. Farm Tourism Camps shall be at least 'Good Agricultural Practices' (GAP) Certified as part of the requirement for their accreditation.

F. Institutional and Human Resource Development.

1. The DOT, DA, DTI, Department of Science and Technology (DOST), Commission on Higher Education (CHED), TESDA, SUCs, private educational and research institutions, and other private sector groups shall establish and implement an institutional and human resource development program for farm tourism development, which shall include, but not be limited to:

a) Capacity building for farm tourism operators to enable them to comply with the DOT, the ATI and the TESDA accreditations standards as primary or secondary tourism enterprises, as extension service providers, and as technical vocational institutions, respectively;

b) Technical-vocational education and training for farm tourism industry practitioners, including farm tourism camp workers, to actively contribute to productivity, the practice of good agricultural, animal husbandry and manufacturing practices, compliance to food safety, health, hygiene and sanitation standards, and adherence to hospitality management practices;

c) Formulation and implementation of competency standards and training regulations for technical-vocational education and training for the farm tourism industry; and

d) Capability building for LGUs in the promotion, development and sustainability of farm tourism camps and activities.

G. Infrastructure Support.

1. The DPWH, the DOTr, the DA, and other infrastructure agencies shall include in their annual development plans and priority investment programs infrastructure projects and transportation programs to expand access to farm tourism camps.

2. The DOT and the DA shall coordinate with these agencies the infrastructure requirements of established and potential farm tourism camps.

The Plan shall likewise define the roles and responsibilities of national government agencies, local government units (LGUs), farm tourism operators, tour operators, educational institutions, and other industry stakeholders in its implementation.

RULE III

The Farm Tourism Development Board

SECTION 6. Creation of the Farm Tourism Development Board. — There shall be created a Farm Tourism Development Board, herein referred to as the Board, which shall be attached to the Department of Tourism (DOT).

SECTION 7. Powers and Functions of the Farm Tourism Development Board. — The Board shall formulate plans and programs for the development and promotion of farm tourism in the country and shall set the overall direction for the implementation of the Plan. It shall exercise the following powers and functions:

a) Formulate, advocate, coordinate, oversee and assess the implementation of the Farm Tourism Strategic Action Plan.

b) Increase awareness on the value of farm tourism through advocacy campaigns and marketing activities.

c) Recommend infrastructure projects and transportation programs for funding by the DA, TIEZA, the Department of Public Works and Highways (DPWH), the Department of Transportation (DOTr), and other concerned government agencies.

d) Formulate and oversee the conduct of farm tourism research and development projects to ensure sustainability of the country's farm tourism program, such as on market research, trends and innovations, and information dissemination; financing requirements; industry manpower development; resource productivity and utilization improvement; and sustainable agriculture practices and education.

e) Create technical panels, working groups, or task forces that will assist the Board in the performance of its functions.

f) Establish cooperation among, and/or request the assistance of, departments, bureaus, offices, agencies or instrumentalities of the government, farm tourism stakeholders, financial and educational institutions, non-government organizations, people's organizations and other like-minded institutions and individuals in the implementation of its functions and the attainment of the objectives of the Act.

g) Perform such other powers and functions which shall advance the development and promotion of farm tourism camps and activities.

SECTION 8. Composition of the Farm Tourism Development Board. — The Board shall be composed of the following:

a) Secretary of the Department of Tourism (DOT) as Chairperson;

b) Secretary of the Department of Agriculture (DA) as Vice-Chairperson;

c) Secretary of the Department of Trade and Industry (DTI) as Member;

d) The president of an educational institution providing farm tourism programs as Member;

e) The president of a national farm tourism organization as Member;

f) The president of a national inbound tour operators association as Member; and

g) The president of a national federation of farmers cooperative as Member.

SECTION 9. Criteria for Selection of Board Members. — The DOT shall nominate one (1) president of a national farm tourism organization, and one (1) president of a national inbound tour operators association to be Board Members; likewise, the DA shall nominate one (1) president of an educational institution providing farm tourism programs, and one (1) president of a national federation of farmers cooperative to be Board Members. The nominees must:

a) Be Filipino citizen;

b) Represent an institution/organization duly registered to the Securities and Exchange Commission or other appropriate government agencies;

c) Be duly authorized by the governing body of the institution/organization he/she is representing; and

d) Must not hold a government elective office upon appointment and until expiration of term in the Board.

Nominations shall be made three (3) months before the expiration of the term of the incumbent Board Members.

The membership of the nominated persons to the Board shall approved by the Chairperson.

SECTION 10. Term of Office. — Board Members from the private sector shall be in office for three (3) years upon appointment. Each member shall only serve one (1) term. Upon expiration of their term, the Member's office shall be deemed vacated.

If a Member ceases to be connected with the sector he or she represents or is removed for cause before the expiration of his or her term upon the vote of majority of the remaining Board members, the appointment of a new Board Member to fill such vacancy shall be in accordance with the manner provided in Section 9 of this IRR. Appointment to any vacancy shall be only for the unexpired term of the predecessor.

SECTION 11. Alternates. — The DOT Secretary may designate the Undersecretary for Tourism Development, or another DOT Undersecretary, as alternate Chairman. The DA and the DTI Secretaries may designate their respective alternates who shall be at least Bureau Director or its equivalent in rank. The acts of the alternates shall be considered the acts of their principals.

SECTION 12. Board Secretariat. — A Secretariat shall be provided by the DOT to perform administrative, technical, and external relations functions for the Board. The DA, and the DTI as may also assign technical personnel to be part of the Board Secretariat. The functions of the Secretariat shall be as follows:

a) Act as the technical and administrative arm of the Board, maintaining records of meetings, deliberations, decisions and activities; coordinating meetings, events and other activities of the Board; and gathering, commissioning, and/or providing information, data, expert studies, recommendations and other technical support for the Board;

b) Liaise and/or coordinate with government agencies and LGUs, private sector organizations and key figures, and other parties whose support, input or participation is needed in the formulation and implementation of the Farm Tourism Strategic Action Plan; and

c) Perform such other technical, administrative, or coordinating activities that the Board shall assign.

RULE IV

Final Provisions

SECTION 13. Appropriations. — The amount necessary for the initial implementation of the Act shall be charged against the current year's appropriations of the concerned agencies for their respective programs and projects. Thereafter, the amounts needed for the full and continued implementation shall be included in the budget of the DOT, DA and DTI through the General Appropriations Act.

SECTION 14. Amendment and Issuance of Additional Circulars/Orders. — The Board as convened by its Chairman at his/her instance, or upon the recommendation of any members of the Board, whenever necessary, may formulate and prescribe amendments to this IRR, consistent with the letter and intent of the Act. Except as provided in Section 5 C (1), Rule 2 of this IRR, the Board shall issue additional Circulars/Orders for effective implementation of the Act and this IRR.

SECTION 15. Repealing Clause. — Any existing rules and regulations or circulars previously issued by the DOT and DA which are inconsistent with the provisions of this IRR are hereby repealed and/or modified accordingly.

SECTION 16. Separability Clause. — The provisions of this IRR are hereby declared separable, and in the event that any one or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.

SECTION 17. Effectivity. — This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a national newspaper of general circulation.

APPROVED AND PROMULGATED this July 8, 2019.

(SGD.) SECRETARY BERNADETTE ROMULO-PUYATDepartment of Tourism

Published in the Philippine Daily Inquirer on September 9, 2019.