Implementing Rules and Regulations of Republic Act No. 10817

July 26, 2017

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10817

PRELIMINARY PROVISIONS

Pursuant to Section 20 of the Republic Act No. 10817, otherwise known as the "Philippine Halal Export Development and Promotion Act of 2016," and hereinafter referred to as the "Act," the Department of Trade and Industry (DTI), in partnership with the National Commission on Muslim Filipinos (NCMF), Department of Agriculture (DA), Department of Health (DOH), Department of Science and Technology (DOST), Department of Foreign Affairs (DFA), Department of Tourism (DOT), Bangko Sentral ng Pilipinas (BSP), and the Mindanao Development Authority (MinDA), collectively known as the Philippine Halal Export Development and Promotion Board, hereinafter referred to as the Halal Export Board, hereby issues, adopts and promulgates the following rules and regulations to implement the provisions of the Act.

RULE I

Declaration of Policies, Scope, and Definition of Terms

SECTION 1. Declaration of Policy. —

It is hereby declared the policy of the State to:

a. Promote the growth and ensure the integrity and quality of Philippine Halal exports;

b. Harmonize Philippine National standards for Halal to international standards and ensure compliance with standards of Halal products, processes and services, in recognition of the internationalization of markets brought about by globalization and economic integration, and mindful of the State's commitment under international trade agreements including multilateral and bilateral mutual recognition agreements;

c. Develop and promote Halal industries as modes of achieving equity and justice among our farmers and producers, and increasing employment opportunities for the domestic labor force;

d. Adopt measures to make Halal exports more competitive through, among others, research and product development, quality assurance measures, value-adding mechanisms, thereby making the Philippines an active player in regional and international markets and not just a mere spectator of globalized trade;

e. Protect consumers and users of Halal products, processes and services from unscrupulous and unfair agricultural, manufacturing and trade practices; and

f. Provide the policy, regulatory, and coordinative structures and mechanisms for the promotion and export of Philippine Halal products, and institute measures and provide programs to ensure compliance and integrity of producers, manufacturers and providers of Halal products, processes and services to national and/or international or foreign standards.

SECTION 2. Scope. —

This Implementing Rules and Regulations (IRR) issuance covers the following functions:

a. Formulation and implementation of a comprehensive Philippine Halal Export Industry Development and Promotion Program, to increase the export, sale and provision of Halal products, processes and services;

b. Direction and support to the development and promotion of the export of Halal products, processes and services;

c. Export and trade regulation of, and standard-setting on, Philippine Halal products, processes and services;

d. Creation of the Philippine Halal Export Development and Promotion Board and its Secretariat; and CAIHTE

e. Clarification of other provisions.

SECTION 3. Definition of Terms. —

As used in the Act and this IRR, the following terms are defined as follows:

a. Accreditation — refers to the procedure by which a government agency having jurisdiction formally attests to the competence of an inspection and/or certification body to provide inspection and certification services.

 Per International Organization for Standardization (ISO), ISO/IEC 17000:2004, it is a third party attestation related to a conformity assessment body conveying formal demonstration of its competence to carry out specific conformity assessment tasks;

b. Audit/Auditing — is a systematic and functionally independent examination to determine whether activities and related results comply with planned objectives and set standards;

c. Certification — refers to third party attestation of conformance to standards and guidelines related to products, processes, systems or persons;

 Per ISO, ISO/IEC 17000:2004, it is a third party attestation related to products, processes, systems or persons;

d. Halal — means lawful or permissible under Shari'ah referring to food and non-food products and services allowed for human consumption;

e. Halal Assurance System (HAS) — refers to the organizational structure, responsibilities, procedures, activities, capabilities, and resources that together aim to ensure that products, processes or services are Shari'ah-compliant;

f. Halal Certification Body — refers to a Muslim Filipino people's organization (PO) and non-government organization (NGO) or foreign Muslim organizations, composed of Muslim scholars and professionals, providing auditing and certification services (conformity assessment) ensuring that specified requirements relating to a product, process, system, person or body are fulfilled in accordance with Shari'ah;

g. Halal Export Board — refers to the Philippine Halal Export Development and Promotion Board, the body created under R.A. 10817 to pursue the development and promotion of Halal export industry;

h. Inspection — is the examination of food and non-food products or systems or facilities for control of food and non-food, raw materials, processing and distribution, including in-process and finished product testing, in order to verify that they conform to Shari'ah requirements;

i. Philippine Halal Logo — refers to the official logo issued by the Halal Export Board;

j. Philippine National Standards for Halal — refers to a set of standards developed and issued by standard-setting agencies identified in Section 10 of this IRR, in coordination and consultation with Muslim Filipino POs and NGOs, concerned government agencies, and Halal industry stakeholders;

k. Philippine National Halal Certification Scheme — refers to a set of guidelines and rules to be followed by Philippine Halal Certification Bodies, as a basic requirement for accreditation by the Philippine Accreditation Bureau (PAB);

l. Processes — refers to a set of interrelated or interacting activities which transforms inputs to outputs;

m. Products — refers to food and nonfood items produced by human or mechanical effort, or by a natural process, or a combination thereof, and marketed or sold as a commodity;

 Per ISO, ISO/IEC 17000:2004, a product is the result of a process. Four generic product categories are services, software, hardware, and processed materials. Products include results of natural processes such as growth of plants and formation of other natural resources;

n. Recognition — refers to the acknowledgment of the validity of a conformity assessment result provided by a person or body;

o. Services — refers to an intangible result of at least one activity performed by a supplier or provider for customers and end-users.

p. Shari'ah — refers to Islamic Law derived from the Holy Qur'an and the Sunnah/Hadith (traditions and teaching of the Prophet Muhammad, peace be upon him) as primary sources; and Ijma (Consensus of the Muslim Scholars) and Qiyas (analytical deduction) as secondary sources.

RULE II

The Philippine Halal Export Development and Promotion Program

SECTION 4. The Philippine Halal Export Development and Promotion Program. —

The Philippine Halal Export Development and Promotion Program, hereinafter referred to as the "Halal Program," is the comprehensive set of objectives, targets, strategies and activities for the growth of Halal industries producing or providing products, processes and services, resulting in increased exports of Halal products.

It shall include, but not be limited to, the following areas of concern:

a. development and application of Philippine National Standards for Halal agricultural and manufacturing standards and practices that are aligned to international standards and can help promote Philippine products for exports;

b. provision and upgrading of common service facilities;

c. organization and development of accredited certification bodies through, among others, capacity building and the formulation and application of internationally-accepted accreditation standards;

d. identification and expansion of markets for Halal products, processes and services;

e. forging of international and bilateral agreements especially on harmonization of standards, and the compliance of producers, manufacturers, service providers, traders and exporters to established local or international standards;

f. industry development and promotion, including expansion into non-food Halal products and services;

g. consumer awareness and fair trade practices; and

h. roles, responsibilities, and contributions of concerned government agencies, Muslim Filipino organizations, Halal certification bodies, producers and providers of Halal products, processes and services, government and private academic and research institutions, and other industry stakeholders.

The Halal Export Board shall have the primary responsibility in the formulation and advocacy, and coordination, monitoring and assessment of the implementation of the Halal Program.

SECTION 5. Implementation of the Halal Program. —

The implementation of the strategies and activities, and the attainment of the objectives and targets of the Halal Program shall be included in the agency plans and programs of different government agencies that have jurisdiction and can contribute to the growth of exports of Halal products, processes and services.

RULE III

Support for the Development and Promotion of Halal Products, Processes and Services for Export

SECTION 6. Export Promotion. —

The DTI, particularly the Export Marketing Bureau, in coordination with the DA, the DOH, and other concerned government agencies, shall enhance the capabilities and global competitiveness of existing and potential exporters of Halal products, processes and services, through business matching; provision of trade and market information; organization of trade fairs and business missions; conduct of seminars, workshops, conferences and symposium on export-related subjects, including export documentation and procedures; product design and development; market consultancy; and product consultancy.

To assist exporters in finding new and expanding existing markets for Philippine Halal products, processes and services, the DTI and the DA shall task their Foreign Trade Service Corps and Foreign Agriculture Service Corps, respectively, to conduct commercial intelligence and marketing activities. DOT shall encourage hotels, restaurants, and other tourism-related establishments in tourism destinations to be Halal-certified and shall promote these to Muslim tourists.

In addition, the DTI, together with the NCMF and the DFA, shall pursue recognition from accreditation and certification bodies of other countries for the Philippine Accreditation Bureau as the Philippine Halal accreditation body, its Philippine Halal certifiers and Philippine certified Halal products, processes and services.

SECTION 7. Infrastructure Support and Incentives. —

To enhance the growth of Halal industries and assist farmers and producers in complying with the relevant Halal standards, the government, especially the DA, shall provide and/or upgrade necessary common service facilities such as slaughterhouses, warehouses, refrigeration facilities, and laboratory facilities and equipment, in strategic production, processing and manufacturing areas.

The Board of Investments, the Philippine Economic Zone Authority, and other investment promotion agencies are hereby mandated to promote the growth of Halal industries in the different economic zones and strategic locations in the country. They shall, as their charters and other investment laws allow, grant fiscal and non-fiscal incentives to attract investments in pioneering and essential industries to increase exports of Halal products or as raw materials or ingredients in the production of Halal products.

In the case of Mindanao, consistent with Section 6 of RA 9996, the Mindanao Development Authority, in partnership with concerned agencies, shall provide infrastructure and logistic support in parallel with its development framework, plans and programs to allow the promotion and facilitation of investments and thereby enhancing the socioeconomic development of Mindanao.

SECTION 8. Institutional and Human Resource Development. —

The DTI, the NCMF, the DA, the DOH, the DOST, the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), state universities and colleges (SUCs) and private Higher Education Institutions (HEIs), certification bodies, the private sector, and the Muslim Filipino organizations shall establish and implement an institutional and human resource development program for Halal industry development which shall include, but not be limited to:

a. Nationwide capacity building for producers, manufacturers and processors, as well as service providers, to enable them to comply with certification standards, including knowledge on testing requirements for Halal certification, facilities upgrading and retrofitting, adoption of accepted manufacturing practices, product, process and packaging development, Halal assurance systems, marketing and product distribution, and business enterprise development;

b. Skills training for Halal industry workers, farmers, fishermen, and producers, and service providers, to actively contribute in productivity, as well good agricultural, animal husbandry and manufacturing practices, and compliance to food safety, health, hygiene and sanitation standards;

c. Establishment of a scholarship program for the underprivileged but deserving college and post graduate students who are taking up courses in relevant disciplines in SUCs and private HEIs which have programs in agriculture and fisheries for technical-vocational courses for farmers, fishermen, farm technicians, and skilled workers in processing and manufacturing plants and service establishments producing or providing Halal products and services; DETACa

d. Formulation and implementation of competency standards and training regulations for technical-vocational education and training for the Halal industry by the TESDA, in collaboration with other concerned government agencies; and

e. Upgrading of facilities, faculty and staff development, and strengthening of the on-the-job training program of higher education institutions and senior high schools in Halal technology and standards towards the build-up of competent graduates needed by Halal industries.

 The DOST, through its Grants in Aid Program, shall assist in the upgrading of facilities of institutions involved in Halal research and development, training, and education.

 To maximize the expertise of (Brunei-Indonesia-Malaysia-Philippines-East ASEAN Growth Area (BIMP-EAGA) member countries in Halal, the MinDA shall facilitate programs, projects, and mechanisms through the Socio-Cultural and Education (SCE) Cluster in enhancing institutions and human resources in developing the local Halal industry.

SECTION 9. Research, Development and Extension (RDE). —

The DTI, the DA, the DOH, the DOST, the CHED, SUCs, private HEIs and private organizations, in consultation with NCMF on the technical knowledge under Shari'ah, shall formulate and implement a national research, development and extension agenda and program to develop, transfer and propagate, or commercialize products and technologies and to improve and expand the number of Halal products, processes and services.

SUCs and private HEIs with the capability to support RDE for Halal shall be identified and assisted by the CHED, in coordination with the DOST, the DA, the DTI and the DOH, the private sector, or Muslim Filipino organizations to become centers of development and excellence in Halal RDE.

The DOST shall upgrade the capability of the PAB, the BPS, the FDA, the BAFS, other regulatory agencies, Halal certification bodies, producers, manufacturers and service providers in ensuring integrity and compliance with standards by imparting scientific and technical knowledge on Halal standards and in conducting laboratory analyses through its Philippine National Halal Laboratory and Science Center, Halal Verification Laboratories and other Halal Science Laboratories that have research, verification and training capabilities.

RULE IV

Standards and Regulation of Halal Products, Processes and Services for Export

SECTION 10. The Philippine National Halal Standards. —

10.1 The development of Philippine National Standards for Halal shall be the mandate of the following standard setting agencies:

1.1.1 Department of Agriculture-Bureau of Agriculture and Fisheries Standards (BAFS) — for fresh, primary and post-harvest agricultural and fishery products, including tools, machinery, equipment and infrastructure;

1.1.2 Department of Health-Food and Drug Administration (FDA) — for processed and pre-packaged food, drugs and cosmetics;

1.1.3 Department of Trade and Industry-Bureau of Philippine Standards (BPS) — for nonfood products aside from drugs and cosmetics; and

10.2 In the formulation of the Philippine National Standards for Halal, the NCMF shall be consulted for the technical knowledge in Shari'ah. The NCMF may also seek the legal opinion of a Fatwa Council.

10.3 Other products, processes and services that would necessitate the development of the corresponding Philippine National Halal Standards, which are not covered by the above agencies, shall be assigned by the Halal Export Board, through an appropriate Board Resolution, to appropriate government agencies.

10.4 In the development and promulgation of Philippine National Halal Standards for products, processes and services, the standard setting agencies shall consult and ensure the maximum participation of, among others; (a) Muslim Filipino organizations, (b) Halal certification bodies, (c) consumer groups of Halal products, processes and services, (d) producers, manufacturers, and providers of Halal products, processes and services; and (e) government agencies providing direction and support to the growth of export of Halal products, processes and services.

10.5 In addition to standards developed and promulgated, standard setting agencies may recognize foreign or internationally-recognized Halal standards and permit Halal certification bodies and producers, manufacturers, and providers to make use of such foreign or internationally-recognized standards in lieu of the PNHS. This recognition shall be allowed in cases where the importing entities/countries prefer the use of these standards other than the PNHS.

SECTION 11. Accreditation of Halal Certification Bodies. —

11.1 The Philippine Accreditation Bureau (PAB), as the agency mandated to handle the accreditation of certification bodies, inspection bodies, and testing and calibration laboratories, shall formulate, adopt and promulgate the accreditation policies and guidelines which shall govern the accreditation of Halal certification bodies; grant or deny accreditation of Halal certification bodies; and suspend or withdraw such accreditation in accordance with established policies and guidelines.

11.2 The accreditation policies and guidelines for certification bodies must conform to internationally-accepted standards for accreditation bodies.

11.3 Philippine Halal Certification bodies requesting for accreditation from PAB must adhere to the guidelines and regulations set in the Philippine National Halal Certification Scheme.

11.4 In the formulation of accreditation policies and guidelines, the PAB shall (a) consult and, when necessary, collaborate with the Halal Export Board, its member agencies, and Halal industry stakeholders; and (b) adhere to international practices on accreditation.

11.5 The accreditation policies and guidelines shall contain the following information:

a. Scope of accreditation

b. Accreditation standard and other normative documents (local and international)

c. Accreditation requirements

d. Accreditation decision and issuance of accreditation certificate

e. Period of validity of the accreditation

f. Policies and procedures on extending, suspending, reinstating, withdrawing, and reducing scope of, accreditation

g. Reference to accreditation and use of accreditation symbols

h. Policies and procedures on complaints and appeals

i. Rights and obligations of the accreditation and certification bodies

j. Accreditation agreement between the PAB and the certification bodies

k. Procedures for initial assessment, renewal surveillance and special assessment

l. Applicable fees and charges

m. Other related information that may be required from applicant certification bodies

11.6 No Philippine Halal certification body can certify products, processes and services for export as Halal after one and a half (1 1/2) years from the effectivity of this IRR, unless accredited by the PAB; provided that all existing Philippine Halal certification bodies with unexpired accreditation by other government agencies shall secure their PAB accreditation within one and a half (1 1/2) years from the start of the effectivity of this IRR and provided further that during the one and a half year-period and pending the issuance of their respective PAB accreditation, such formerly accredited Halal certification bodies may certify Halal products for export.

The accreditation of all Philippine Halal certification bodies, previously granted by other government agencies, is deemed cancelled on the date right after the one and a half (1 1/2) years.

SECTION 12. The Philippine Halal Logo. —

12.1 Pursuant to Section 6 (d) of the Act, the Halal Export Board shall issue the Philippine Halal Logo and the proper use thereof. The Philippine Halal Logo will be registered in accordance with the standards set by the Intellectual Property Office (IPO), and other related laws.

12.2 The use of the certifier's logo shall be without prejudice, provided that certification bodies must furnish the Halal Export Board and regulatory agencies copy of their Halal logos.

12.3 Consistent with Section 6 of the Act, other government agencies are prohibited to issue a logo and require the use of such a logo as proof of compliance with Halal standards. The use of any logo, previously issued by any government agency involved in Halal development and promotion is strictly prohibited.

SECTION 13. Export and Trade Regulation. —

The following conditions shall apply in the export and trade of Halal products, processes and services:

a. All Philippine products that will be exported as Halal, and processes and services whose outputs or benefits shall accrue or flow outside Philippine territory, shall (i) undergo certification from an accredited Halal certification body, (ii) comply with the appropriate Philippine National Standards for Halal as developed, or with international or foreign standards recognized, by standard setting agencies identified or mandated under Section 10 of this IRR, and (iii) be registered with the national regulatory agency concerned;

b. No product, processes and services whose outputs or benefits accruing or flowing outside Philippine territory claimed, promoted or branded as Halal, can be allowed to be exported after two years from the start of the effectivity of this IRR, unless they have been certified by PAB-accredited Halal certification bodies or PAB-recognized foreign certification bodies.

c. The Philippine Halal Logo, with the permission of the relevant regulatory agency, shall be affixed or used by producers, manufacturers, processors, traders, exporters, and service providers on their products, packaging, letterheads, brochures, leaflets and other forms of media after complying with the conditions set in paragraph (a) hereof;

d. Halal certification of products, processes and services for domestic consumption or use is voluntary on the part of the producer, manufacturer, trader, retailer, or service provider; and

e. Producers, manufacturers, traders, retailers, and service providers catering to the domestic market that have undergone voluntary certification from PAB-accredited Halal certification bodies may apply and be granted permission to use the Philippine Halal Logo on their products, establishments, or facilities.

SECTION 14. Compliance to the Rules on the Export and Provision of Halal Products, Processes and Services. —

The Halal Export Board and the regulatory agencies shall coordinate with the Bureau of Customs and other relevant agencies in ensuring that all Halal products, processes and services being exported follow the rules and standards mandated in this IRR.

The regulatory agencies shall issue the necessary administrative issuances to implement and ensure compliance to the provisions of Section 13 of this IRR.

RULE V

The Halal Export Board

SECTION 15. Creation of Philippine Halal Export Development and Promotion Board. —

To ensure the attainment of the objectives of this Act, there is hereby created the Philippine Halal Export Development and Promotion Board, herein referred to as the Halal Export Board. The Halal Export Board shall be the policy-making body on Halal export development and shall set the overall direction for the implementation of the Philippine Halal Export Development and Promotion Program. It shall be attached to the Department of Trade and Industry. aDSIHc

In the performance of its mandate, the Halal Export Board shall institutionalize the involvement of Muslim Filipino people's organizations and nongovernment organizations through membership in consultative or advisory bodies, coordination of activities with government agencies concerned with Halal industry development, and participation in regular consultative mechanisms such as public hearings and roundtable discussions.

SECTION 16. Powers and Functions. —

The Halal Export Board shall have the following powers and functions:

a. Formulate, advocate, coordinate, oversee and assess the implementation of the Philippine Halal Export Development and Promotion Program;

b. Direct and coordinate the development and harmonization of Philippine National Standards for Halal by standard setting agencies and monitor, through the government regulatory agencies, the application thereof on products, processes and services;

c. Spearhead and support the forging of international agreements and pursue recognition from Halal accreditation bodies in other countries, to open new and expand existing markets for Halal products, processes and services;

d. Issue the Philippine Halal Logo and the guidelines on the proper use thereof: provided that the use of logos of certification bodies on certified products, processes and services shall be without prejudice: Provided, further, That all other government agencies are prohibited to issue a logo and require the use of such logo as proof of compliance to a standard or regulation as Halal and provided, finally, that the use of logos previously issued by government agencies involved in Halal development and promotion is hereby disallowed;

e. Encourage and support the establishment of a single umbrella organization of Halal certification bodies, which can be tapped by standard setting and regulatory agencies to assist in the development and in monitoring the application of internationally-accepted Halal certification standards;

f. Promulgate policies and guidelines as necessary or proper for the accomplishment of the objectives of this Act, including the Halal Export Board's operation;

g. Create technical panels, working groups, or task forces that will assist the Halal Export Board in the performance of its functions;

h. Investigate and make recommendations on complaints, controversies, or disputes arising out of the implementation or enforcement of standards, guidelines, rules and procedures adopted to promote and develop Halal industries, the export of Halal products and the provision of Halal processes and services;

 For this purpose, the Halal Export Board shall make recommendations on complaints, controversies, or disputes, based on existing laws and jurisprudences, among others: the Consumer Act of the Philippines (Republic Act No. 7394), the Food Safety Act of 2013 (Republic Act No. 10611), and the Intellectual Property Code of the Philippines (Republic Act No. 8293).

i. Request the assistance and cooperation of any department, bureau, office, agency or instrumentality of the government, or private entities and organizations in the implementation of its functions and the attainment of the objectives of this Act, including the carrying out of recommendations as a result of investigations and studies made pursuant to paragraphs (g) and (h) hereof;

j. Subject to applicable laws, rules and regulations, accept grants, contributions, endowments, bequests, from local and foreign sources in support of the development and growth of Philippine Halal industries, including, but not limited to, the development of Philippine National Halal Standards, institutional development of certification bodies, producers, manufacturers and service providers, and consumer advocacy campaigns: provided that such donations shall not be used to fund personal services and other operating expenses of the Halal Export Board; and

k. Perform such other powers and function as may be prescribed by law, or may be necessary, incidental, or proper to its mandate.

SECTION 17. Composition of the Halal Export Board. —

The Halal Export Board shall be composed of:

a. The Secretary of the Department of Trade and Industry (DTI) as Chairperson;

b. The Secretary of the National Commission on Muslim Filipinos (NCMF) as Vice-Chairperson;

c. The Secretary of the Department of Agriculture (DA);

d. The Secretary of the Department of Health (DOH);

e. The Secretary of the Department of Science and Technology (DOST);

f. The Secretary of the Department of Foreign Affairs (DFA);

g. The Secretary of the Department of Tourism (DOT);

h. The Governor of the Bangko Sentral ng Pilipinas (BSP);

i. The Chairperson of the Mindanao Development Authority (MinDA); and

j. Two (2) Muslim Filipino professionals from the academe, law, industry, or food science preferably from the Ulama sector who have experience in Halal industry development, to be appointed by the President from at least four (4) nominees recommended by Muslim Filipino people's organizations and nongovernment organizations.

The two (2) Muslim professionals shall serve for a term of three (3) years, and may be reappointed once. Should the Muslim professional fail to complete his/her term, the President may appoint a successor from the list of nominees recommended by Muslim Filipino POs and NGOs. The successor shall only serve the unexpired portion of the uncompleted term.

The ex officio members of the Halal Export Board may designate their respective alternates who shall be at least Bureau Director in rank and their acts shall be considered the acts of their principals. The ex-officio member concerned shall serve a written notice to the Halal Export Board prior to the assumption of his/her designated representative.

SECTION 18. Meetings of the Halal Export Board. —

a. The Halal Export Board shall meet once every six (6) months, and the Chairperson may call for a special meeting as the case may be. Members of the Board may be entitled to per diems and reimbursable expenses as prescribed by the Department of Budget and Management (DBM).

b. A quorum consisting of fifty per cent plus one (50% + 1) of the total Halal Export Board members shall be required for the Halal Export Board to validly transact business or to resolve the issues affecting Philippine Halal. In the determination of quorum, the alternate designated members shall be considered in the absence of the principal members of the Board.

c. The Halal Export Board shall adopt its internal rules in the conduct of its meetings.

RULE VI

The Halal Export Board Secretariat

SECTION 19. Secretariat of the Halal Export Board. —

19.1 Pursuant to Section 8 of the Act, there shall be an inter-agency Secretariat to assist the Halal Export Board in the performance of its powers and functions. It shall be responsible for the technical and administrative requirements of the Halal Export Board, including, but not limited to, the formulation and monitoring of the Philippine Halal Export Development and Promotion Program, keeping of all records relative to the meetings, and other documents relevant to the development of Philippine Halal.

19.2 The Director of the Export Marketing Bureau (EMB) shall be the Head/Executive Director of the Secretariat of the Halal Export Board.

19.3 Cognizant of the respect for cultural understanding for Muslims and in compliance with the requirements of Halal international standards, the Halal Export Board shall appoint a Muslim Deputy Executive Director from among the member agencies of the Secretariat. The Deputy Executive Director shall assist the Executive Director in the management of the day-to-day operations of the Secretariat.

Should the Deputy Executive Director to be appointed be selected from among the member-agencies, this appointment shall be with the concurrence of the concerned member-agency.

19.4 The inter-agency Secretariat shall be composed of the staff of the EMB, other bureaus of the DTI concerned with Halal export development, and the NCMF, DA and DOH. The DTI Secretary, through an administrative issuance, shall identify and appoint DTI technical personnel who shall, in addition to their functions, perform secretariat support to the Halal Export Board. Similarly, the Secretaries of the NCMF, the DA and the DOH shall assign technical staff of their offices as staff of the Secretariat. These staff members shall receive honoraria and/or other forms of remuneration, for the additional workload performed, as prescribed under pertinent rules and regulations issued by the DBM.

19.5 The inter-agency Secretariat may also serve as the Technical Working Group (TWG) or may be transformed into one to function as the technical team to discuss, formulate and draft Halal export industry development and promotion programs and other related activities subject to the approval of the Halal Export Board. As such, the TWG may, on special concerns or when necessary, consult or seek fatwa (legal opinion) from the Ulama (Muslim religious leaders) recognized by the NCMF.

19.6 As prescribed under Section 8 of the Act, the EMB shall be strengthened and a Halal section is hereby created to serve as the nucleus of the Secretariat of the Halal Export Board. The EMB Halal Section shall be composed of:

a. EMB Halal Section Head — preferably a Muslim, with a position of Supervising Trade and Industry Specialist (Sup. TIDS);

b. One (1) Technical Officer for Policy — preferably a Muslim, with a position of Senior Trade and Industry Development Specialist (STIDS);

c. One (1) Technical Officer for Promotions — preferably a Muslim, with a position of TIDS Trade and Industry Development Specialist (TIDS); and

d. One (1) Administrative Staff member — preferably a Muslim, with a position of TIDA or Administrative Assistant.

19.7 Other member agencies shall provide additional staff support upon the determination of the necessity by the Chairperson and conformity of the Halal Board, subject to existing rules, regulations and internal policies of the concerned member-agencies.

RULE VII

Other Provisions

SECTION 20. Applicability of Fair Trade, Consumer Protection and Copyright Laws and Regulatory Agency Charters. —

The relevant provisions of fair trade, consumer protection and copyright laws, and their implementing rules or orders, as well as the charters of regulatory and standard setting agencies shall be applied in the implementation of this Act to ensure compliance with Philippine National Halal Standards and the use of the Philippine Halal Logo. Nothing herein shall be construed as limiting any department, agency or bureau from imposing, applying or enforcing the necessary fines and penalties under these laws.

The regulatory and standard-setting agencies shall issue the necessary administrative issuances to implement this Section.

SECTION 21. Consumer Protection and Advocacy Programs. —

The appropriate agencies of the DTI, the NCMF, the DA, and the DOH shall conduct consumer protection and advocacy programs to create awareness among consumers on Halal products, processes and services, and enable them to determine and complain unfair trade practices.

SECTION 22. Appropriations. —

The amount necessary for the initial implementation of this IRR shall be charged against the current appropriations of the DTI. Thereafter, such amount as may be necessary for the continuous operation of the Halal Export Board and the implementation of the Halal Program, including the projects and activities of concerned agencies, shall be included in the annual General Appropriations Act of the concerned agencies.

SECTION 23. Transitory Provisions. —

The Philippine Halal Promotion, Development and Accreditation Board, under the National Commission on Muslim Filipinos, is hereby dissolved. All Halal promotion and development records of the Board shall be transferred to the Philippine Halal Export Development and Promotion Board, while accreditation records shall be transferred to the PAB.

SECTION 24. Repealing Clause. —

All rules, regulations, and guidelines or part or parts thereof inconsistent with any provision of this IRR are hereby repealed, modified or amended accordingly.

SECTION 25. Separability Clause. —

If any provision of this IRR is declared unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect. ETHIDa

SECTION 26. Effectivity. —

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

Approved on 26th day of July, 2017, at Makati City, Metro Manila.

(SGD.) SEC. RAMON M. LOPEZDepartment of Trade and Industry

Signed by representativeNational Commission on Muslim Filipinos

Signed by representativeDepartment of Agriculture

Signed by representativeDepartment of Health

Signed by representativeDepartment of Science and Technology

Signed by representativeDepartment of Foreign Affairs

Signed by representativeDepartment of Tourism

Signed by representativeBangko Sentral ng Pilipinas

Signed by representativeMindanao Development Authority

MR. _________Muslim Filipino 1

MR. _________Muslim Filipino 2

 

Published in the Official Gazette, Vol. 114, No. 8, p. 1328 on February 19, 2018.