Revised Rules and Regulations on the Registration of Organic Fertilizer Producers

July 8, 2015

DA DEPARTMENT CIRCULAR NO. 05-15

 

Pursuant to the provisions of Section 16 (Registration of Organic Food and Organic Input Producers), Section 17 (Labeling of Organic Produce) and Section 24 (Incentives) of R.A. No. 10068 otherwise known as the "Organic Agriculture Act of 2010" and its Implementing Rules and Regulations (IRR), the Department hereby adopts and prescribes this Circular covering the rules and regulations on the registration of "organic input producers," for the information and guidance of all concerned. HTcADC

SECTION 1. Objectives. — This Circular has the following objectives:

1.1 To provide guidelines in the registration of organic fertilizer producers in the country; and

1.2 To ensure that organic fertilizer products being marketed are compliant with the relevant Philippine National Standards (PNS).

SECTION 2. Definition of Terms. — As used in this Circular, the following words, terms and phrases shall be construed to mean as follows:

2.1 Efficacy Test/Trial — is a mechanism to support claims on the effectiveness of an organic fertilizer to supply the major and/or minor nutrients needed by the plants to support growth and/or reproduction.

2.2 Brand Name — a term, name or trademark, with logo, which may or may not be registered in the Intellectual Property Office (IPO) and used in connection with the organic fertilizer products. DA-BAFS reserves the right to approve and disapprove product brand name based on the list of products registered.

2.3 Certification — means the procedure by which officially accredited Organic Certifying Bodies (OCB) provide written attestation that organic fertilizer product or its control systems conform to applicable organic standards and requirements. Certification may be, as appropriate, based on a range of inspection activities, which may include continuous inspection, auditing of quality assurance systems, and examination of finished products.

2.4 Certificate of Registration — means a DA-BAFS written approval granted to a duly registered organic fertilizer producer.

2.4.1 Full Registration — means a status of registration granted when all administrative and technical requirements are satisfactorily complied with within the validity of the Provisional Registration, which includes two (2) seasons (wet and dry) of efficacy tests with significant results on a representative crop.

2.4.2 Provisional Registration — means a status of registration granted if there is only one (1) season of efficacy test with significant results on a representative crop.

2.5 Organic Fertilizer — means any product in solid or liquid form, of plant (except by-products from petroleum industries) or animal origin that has undergone substantial decomposition that can supply available nutrients to plants with a total Nitrogen (N), Phosphorus (P), Potassium (K) as specified in the PNS for Organic Fertilizers. This may be enriched by microbial inoculants and naturally occurring minerals but no chemical or inorganic fertilizer material has been added to the finished product to affect the nutrient content.

2.6 Officially-Accredited Organic Agriculture Researcher (OAR) — refers to a DA-BAFS recognized researcher that has undergone a formal process of training and evaluation to prepare protocols and conduct efficacy trials.

2.7 Evaluator/Technical Consultant — means the DA-BAFS designated scientific expert tasked of providing scientific recommendation on the evaluation of registration applications.

2.8 Experimental Use Permit (EUP) — means a permit that a registrant shall apply for prior to the DA-BAFS' issuance of a Notice to Proceed (NTP) for the conduct of an efficacy test/trial.

2.9 Heavy Metals — refer to an unordered group of metals, metalloids, and non-metals (i.e., arsenic, cadmium, chromium, manganese, mercury, lead, selenium, zinc, copper, molybdenum and nickel), which when present in concentration above the allowable tolerable level are toxic.

2.11 Label — means a display of the written, printed or graphic information on the immediate container of the organic input product. Information on the label provides the safe and effective use of the product for which it is registered.

2.12 Microbial Inoculant — means a biologically active product containing optimum population of one or a combination of active strains of bacteria, actinomycetes, algae and fungi that are useful in different biological activities (i.e., N₂ fixation, decomposition of organic residues and enhancement of nutrient availability). aScITE

2.13 Notice to Proceed (NTP) — means a DA-BAFS issued official control document for the conduct of efficacy trials.

2.14 Organic — is a labeling term that denotes that the products are considered organic based on the PNS for organic agriculture.

2.15 Organic Certificate — means a written or equivalent assurance issued by an officially accredited OCB that a production system conforms to applicable organic standards and requirements.

2.16 Organic Fertilizer Producer — refers to an entity engaged in the production/marketing of organic fertilizers.

2.17 Organic Plant Supplement — means any compound of organic origin in liquid or solid form, which in low concentration, promotes or modifies physiological processes in plants. It may contain beneficial microorganisms, micronutrients and plant growth regulators. Sources of plant supplements include Fermented Plant Juice (FPJ), Fermented Fruit Juice (FFJ), Fish Amino Acids (FAA), Fish Emulsion (FE), Seaweed Extracts, Vermi Tea, Compost Tea and the like.

2.19 Pathogen — refers to organisms (microorganisms and infective parasites) that can cause negative effects on human health.

2.20 Post-market Surveillance — refers to activities involved in safety and quality monitoring of organic fertilizers after market authorization has been issued. This shall also include among others adverse events reporting, product safety and quality update reporting, collection and testing of organic fertilizers in the market.

2.21 Raw Materials/Substrates — refer to the naturally occurring materials used in the production of organic fertilizers.

2.22 Registrant — means any entity applying for DA-BAFS registration as organic fertilizer producer.

2.23 Registration — refers to the DA-BAFS' process of entering information about producers, engaged in the organic fertilizer supply chain including facilities involved in activities related to organic fertilizers, in an official list or official system.

2.24 Third Party Authorization (TPA) — means an agreement or contract between two (2) companies, the registrant and the party recipient of the TPA, to allow the latter to distribute the product of the former.

2.25 Validation — refers to DA-BAFS official control activities for organic agriculture to verify compliance to relevant PNS for organic agriculture.

SECTION 3. Scope. — This Circular covers the registration of all producers engaged in exporting, importing, manufacturing, formulating, distributing, supplying, repacking, storing, commercially applying, selling, marketing of organic fertilizer products (i.e., compost/soil conditioners, microbial inoculants, plant growth regulator/promoter and plant supplements).

SECTION 4. Registration Procedures. — The following steps or procedures shall be complied with in the registration of organic fertilizer producers.

4.1. Application for Experimental Use Permit (EUP) for Cropping Season 1.

4.1.1 The registrant for registration shall submit to DA-BAFS all the documentary requirements as indicated in Annex A (I).

4.1.2 The registrant shall pay the application fee, as indicated in Annex C of this Circular, at the DA Cashier.

4.1.3 After payment, the registrant shall present the Official Receipt (OR) to the DA-BAFS designated staff.

4.1.4 The DA-BAFS designated staff shall immediately check the submitted application documents. Only complete document submissions shall be accepted and endorsed to DA-BAFS Consultant for evaluation and approval of the efficacy trial protocol within fifteen (15) working days.

4.1.5 The DA-BAFS shall issue a NTP within two (2) working days upon receipt of the approved efficacy trial protocol.

4.2 Application for COR under Provisional Registration (PR) Status.

4.2.1 The registrant for registration shall submit to the DA-BAFS all the documentary requirements and procedures as indicated in Annex A (II).

4.2.2 The registrant shall pay the application fee, as indicated in Annex C of this Circular, at the DA Cashier.

4.2.3 After payment, the registrant shall present the OR to the DA-BAFS designated staff.

4.2.4 The DA-BAFS designated staff shall immediately check the submitted application documents. Only complete document submissions shall be accepted and endorsed to DA-BAFS Consultant for evaluation and approval of the efficacy trial terminal report within twenty (20) working days.

4.2.5 The DA-BAFS shall issue the COR-PR within two (2) working days upon receipt of the approved terminal report. HEITAD

4.3 Application for Experimental Use Permit (EUP) for Cropping Season 2.

4.3.1 The registrant for registration shall submit to the DA-BAFS all the documentary requirements as indicated in Annex A (I).

4.3.2 The registrant shall pay the application fee, as indicated in Annex C of this Circular, at the DA Cashier.

4.3.3 After payment, the registrant shall present the OR to the DA-BAFS designated staff.

4.3.4 The DA-BAFS designated staff shall immediately check the submitted application documents. Only complete document submissions shall be accepted and endorsed to DA-BAFS Consultant for evaluation and approval of the efficacy trial protocol within fifteen (15) working days.

4.3.5 The DA-BAFS shall issue a NTP within two (2) working days upon receipt of the approved efficacy trial protocol.

4.4 Application for COR under Full Registration (FR) Status.

4.4.1 The registrant for registration shall submit to the DA-BAFS all the documentary requirements and procedures as indicated in Annex A (III).

4.4.2 The registrant shall pay the application fee, as indicated in Annex C of this Circular, at the DA Cashier.

4.4.3 After payment, the registrant shall present the OR to the DA-BAFS designated staff.

4.4.4 The DA-BAFS designated staff shall immediately check the submitted application documents. Only complete document submissions shall be accepted and endorsed to DA-BAFS Consultant for evaluation and approval of the efficacy trial terminal report within fifteen (15) working days.

4.4.5 The DA-BAFS shall issue the COR-FR within two (2) working days upon receipt of the approved terminal report.

SECTION 5. Registration Procedures for Registrants with In-Process or with Valid and Existing Registration with the Fertilizer and Pesticide Authority (FPA). —

5.1 In cases where the registrant has an on-going process of registration application or with valid and existing registration with the FPA, the DA-BAFS shall require the registrant to:

5.1.1 secure an organic certification from DA-BAFS officially accredited OCB;

5.1.2 provide the documents submitted to FPA; and

5.1.3 other pertinent documents that the DA-BAFS may require.

5.2 This section shall cover registrants with on-going application or with valid and existing registration with FPA prior to the date of approval of this Circular.

SECTION 6. Criteria for Registration Application. —

The following are the criteria for the approval of registration application:

6.1 Absence of a deviance or misrepresentation of material facts on the part of the registrant vis-a-vis the documents submitted;

6.2 Compliance with the relevant PNS; and

6.3 Proven efficacy of the product.

SECTION 7. Certificate of Registration. —

7.1 The COR shall contain, among others, the following information:

7.1.1 Unique Registration Code;

7.1.2 Name of Producer;

7.1.3 Complete address of the Head Office;

7.1.4 Name of Product;

7.1.5 Covered crop grouping/s;

7.1.6 Status of Registration; and

7.1.7 Date of issuance and expiration.

7.2 Every COR shall be supported by a Deed of Undertaking (DOU) signed by the registrant and the DA-BAFS stipulating therein the rights and obligations of both parties.

SECTION 8. Validity of the Certificate of Registration. —

The following are the validity periods for the COR:

8.1 Provisional Registration shall be valid only for one (1) year; and

8.2 Full Registration shall be valid for three (3) years.

SECTION 9. Renewal of Certificate of Registration. —

For renewal of COR, the submission of the following requirements shall be complied with:

9.1 The registrant shall submit to the DA-BAFS all the documentary requirements and procedures as indicated in Annex A (IV).

9.2 The registrant shall pay, as indicated in Annex C of this Circular, at the DA Cashier.

9.3 After payment, the registrant shall present the OR to the DA-BAFS designated staff. ATICcS

9.4. Only complete document submissions shall be accepted and endorsed to DA-BAFS Consultant for evaluation of the submitted documents within fifteen (15) working days.

9.5 The DA-BAFS shall issue the COR-FR within two (2) working days upon receipt of the renewal application.

SECTION 10. Label Expansion. — For label expansion, one (1) efficacy test should be conducted on the representative crop in the desired crop grouping (Annex B). Other crops belonging to the same crop grouping do not need any additional efficacy test.

SECTION 11. Transfer of Registration. — The registrant may transfer the registration to a third party, subject to the requirements as indicated in Annex A (V).

SECTION 12. Third Party Authorization (TPA). —

12.1 The DA-BAFS shall recognize the existence of a TPA and its terms and conditions between the registrant and the recipient party, subject to applicable laws, rules and regulations. The minimum terms and conditions in the execution of a TPA are as follows:

12.1.1 Specific period of validity;

12.1.2 Provision on rebranding must require that the TPA recipient secure an organic certification issued by the officially accredited OCB for the new brand;

12.1.3 Automatic forfeiture/cancellation/termination in case of non-adherence to existing rules and regulations on registration;

12.1.4 Non-disclosure clause;

12.1.5 Non-transferability clause of TPA to another party; and

12.1.6 Limitation of transfer up to 3 parties only.

SECTION 13. Fees. — All registrants for the registration and licensing by DA-BAFS should pay the prescribed fees as indicated in Annex C.

SECTION 14. Grounds for Revocation of Certificate of Registration. —

The following are the grounds for revocation of COR:

14.1 Revocation of organic certification by the officially accredited OCB;

14.2 Non-compliance with the PNS for organic agriculture and other related organic standards as per validated report;

14.3 Misbranding of the product as per validated report;

14.4 Misrepresentation of material facts in the submitted document as per validated report;

14.5 Non-submission of renewed License two (2) months after expiration of previously submitted license; and

14.6 Non-submission of organic certificate two (2) months after expiration of previously submitted certificate.

SECTION 15. Labeling of Registered Organic Fertilizers. — In addition to the existing standards and requirements for labeling and pursuant to Section 17 (Labeling of Organic Produce) of R.A. No. 10068, the following information shall appear on the label of organic fertilizer products:

15.1 Name, logo or seal of the organic certifying body (OCB);

15.2 Organic mark provided by officially accredited OCB;

15.3 OCB's accreditation number given by DA-BAFS; and

15.4 Registration number given by DA-BAFS.

SECTION 16. Monitoring of Registered Organic Fertilizer Producers and Postmarket Surveillance. —

16.1 Monitoring and post-market surveillance shall be conducted by the Organic Agriculture Validation Team (OAVT) for the following purposes:

16.1.1 To help ensure sustained compliance with the PNS and pertinent provisions of laws and rules in order to prevent misbranding, adulteration and other forms of fraud in locally produced and imported products with organic claims; and

16.1.2 To prevent misrepresentation in the labeling and false advertising of such products.

16.2 The monitoring and post-market surveillance shall be conducted in accordance with the approved guidelines for the conduct of validation process for the registration of primary and postharvest organic food, non-food and input producers.

SECTION 17. Annexes. —

17.1 All annexes, or any part thereof, referred to in this Circular are deemed integral part of this document.

17.2 Changes, if necessary, in the Annexes are subject for the approval of the National Organic Agriculture Board (NOAB).

SECTION 18. Separability Clause. — Should any provision of this Circular or any part thereof is declared invalid, the other provisions, so far as they are separable, shall remain in force and in effect. TIADCc

SECTION 19. Repealing Clause. — All previous guidelines and circulars inconsistent herewith are hereby superseded or modified accordingly.

SECTION 20. Administrative Penalties. — Administrative sanctions shall be imposed against all persons or entities that violate or refuse to abide by the provisions of this Circular to include revocation of the issued certificate, delisting and/or blacklisting of the company name from DA-BAFS official list of registered organic input producers.

SECTION 21. Effectivity. — This Department Circular shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation and its filing with the National Administrative Register of the University of the Philippines Law Center.

(SGD.) PROCESO J. ALCALA

Secretary

ANNEX A

Procedures and Requirements for Certificate of Registration (COR)

I. Application for Experimental Use Permit (EUP)

 

Step	Procedure	Requirement	DA-BAFS Issuance	Timeline	Remark
1	Submission of requirements to DA-BAFS	1. Letter of Intent addressed to DA-BAFS Director 2. Duly Accomplished and Notarized EUP Form 3. Test Protocol (experimental design) by a DA-BAFS officially accredited Organic Agriculture Researcher	OARS Receipt Form	4 working hours	Only application with contact information and complete requirements shall be accepted
2	Payment of fee	OARS Receipt Form	Official Receipt from DA-Cashier	4 working hours	Payment shall be made only if the application has been accepted
3	Assessment and evaluation by DA-BAFS			15 working days	Approved test protocol by DA-BAFS Evaluator is the basis for the issuance of Notice to Proceed (NTP)
4	DA-BAFS Feedback		Feedback (compliance or non-compliance)	2 working days upon receipt of evaluation report	If non-compliant, re-submission of corrected requirements shall be done as soon as possible
5	Claim the NTP	1. Official Receipt for the payment of application fee 2. OARS Receipt Form	NTP	Registrant shall claim the NTP within one (1) week after feedback

NOTES: a) No efficacy trial shall be conducted without a NTP issued by DA-BAFS. Trials conducted without NTP shall be invalid. b) Same procedures and requirements are required for both 1st and 2nd EUPs of efficacy trials. c) For imported organic fertilizers, the volume of product to be imported for EUP shall be computed based on the following specific information: product type; crops; total area covered by trial; total amount of product needed (including contingency allowances); inclusive dates for the duration of trial; and proposed treatment and method of application; d) Written notification by registrant upon written recommendation of the researcher is required in case there is a postponement of trial caused by natural calamity or other accepted reasons.

 

II. Application for COR: Provisional Registration (PR); valid for 1 year

 

Step	Procedure	Requirement	DA-BAFS Issuance	Timeline	Remark
1	Submission of requirements to DA-BAFS	1. Letter of Intent addressed to DA-BAFS Director 2. Duly Accomplished and Notarized Application Form 3. Organic Certificate (from a DA-BAFS Officially Accredited OCB or from the country of origin) and copy of the laboratory analysis results of product samples taken during the certification process 4. Efficacy Data, generated by a DA-BAFS Officially Accredited Organic Agriculture Researcher from the first cropping season (dry or wet), in printed and electronic copies 5. Brochure/Pamphlet describing the product including rate of application, direction for use and general description of production process 6. List of Substrates/Raw Materials used 7. Proposed Packaging and Labeling 8. Any Claim on the presence of beneficial microorganisms must be specified 9. Copy of License from the Fertilizer and Pesticide Authority 10. Company Profile	OARS Receipt Form	4 working hours	Only application with Contact information and complete requirements shall be accepted
2	Payment of fee	OARS Receipt Form	Official Receipt from DA-Cashier	4 working hours	Payment shall be made only if the application has been accepted
3	Assessment and evaluation by DA-BAFS			20 working days	Evaluation Report by DA-BAFS Evaluator is the basis for the issuance of COR-PR
4	DA-BAFS Feedback		Feedback (compliance or non- compliance)	2 working days upon receipt of evaluation report	If non-compliant, re-submission of corrected requirements shall be done as soon as possible
5	Claim the COR-PR	1. Official Receipt for the payment of registration fee 2. OARS Receipt Form	COR-PR	Registrant shall claim the COR-PR within one (1) week after feedback

NOTE: Provisional Registration is not renewable but may be extended for a period of three (3) months, provided that there is an existing application for Full Registration with an undergoing evaluation process by DA-BAFS.

 

III. Application for COR: Full Registration (FR); valid for 3 years

 

Step	Procedure	Requirement	DA-BAFS Issuance	Timeline	Remark
1	Submission of requirements to DA-BAFS	1. Letter of Intent addressed to DA-BAFS Director 2. Duly Accomplished and Notarized EUP Form 3. Efficacy Data, generated by a DA-BAFS Officially Accredited Organic Agriculture Researcher from the second cropping season (dry or wet)/site, in printed and electronic copies	OARS Receipt Form	4 working hours	Only application with contact information and complete requirements shall be accepted
2	Payment of fee	OARS Receipt Form	Official Receipt from DA-Cashier	4 working hours	Payment shall be made only if the application has been accepted
3	Assessment and evaluation by DA-BAFS			15 working days	Evaluation Report by DA-BAFS Evaluator is the basis for the issuance of COR-FR
4	DA-BAFS Feedback		Feedback (compliance or non-compliance)	2 working days upon receipt of evaluation report	If non-compliant, re-submission of corrected requirements shall be done as soon as possible
5	Claim the COR-FR	1. Official Receipt for the payment of registration fee 2. OARS Receipt Form	COR-FR	Registrant shall claim the COR-FR within one (1) week after feedback

 

IV. Application for COR: Renewal of Full Registration; valid for 3 years

 

Step	Procedure	Requirement	DA-BAFS Issuance	Timeline	Remark
1	Submission of requirements to DA-BAFS	1. Letter of Intent addressed to DA-BAFS Director 2. Duly Accomplished and Notarized Application Form 3. Organic Certificate (from a DA-BAFS Officially Accredited OCB or from the country of origin) and updated Nutrient (NPK), Pathogens and Heavy Metal Analyses 4. Additional Efficacy Data, only if there is a product label expansion, in printed and electronic copies (optional) 5. Any change in company and product information 6. Copy of License from the Fertilizer and Pesticide Authority	OARS Receipt Form	4 working hours	Only application with contact information and complete requirements shall be accepted
2	Payment of fee	OARS Receipt Form	Official Receipt from DA-Cashier	4 working hours	Payment shall be made only if the application has been accepted
3	Assessment and evaluation by DA-BAFS			15 working days	Evaluation Report by DA-BAFS Evaluator is the basis for the issuance of COR-FR
4	DA-BAFS Feedback		Feedback (compliance or non-compliance)	2 working days upon receipt of evaluation report	If non-compliant, re-submission of corrected requirements shall be done as soon as possible
5	Claim the COR-FR	1. Official Receipt for the payment of registration fee 2. OARS Receipt Form	COR-FR	Registrant shall claim the COR-FR within one (1) week after feedback

 

V. Transfer of Registration

 

Step	Procedure	Requirement	DA-BAFS Issuance	Timeline	Remark
1	Submission of requirements to DA-BAFS	1. Letter of Intent addressed to DA-BAFS Director requesting for transfer 2. Deed of Transfer of Registration (Original Copy); 2. n Certified True Copy of the valid COR; 3. Certified True Copy of the valid License to Operate (LTO); and 4. Organic Certificate (from a DA-BAFS Officially Accredited OCB) and copy of the laboratory analysis results of product samples taken during the certification process; 5. Proposed Packaging and Labeling; 6. Company Profile;	OARS Receipt Form	4 working hours	Only application with contact information and complete requirements shall be accepted
2	Payment of fee	OARS Receipt Form	Official Receipt from DA-Cashier	4 working hours	Payment shall be made only if the application has been accepted
3	Assessment and evaluation by DA-BAFS			15 days	Evaluation Report by DA-BAFS Evaluator is the basis for the issuance of COR
4	DA-BAFS Feedback		Feedback (compliance or non-compliance)	2 working days upon receipt of evaluation report	If non-compliant, re-submission of corrected requirements shall be done as soon as possible
5	Claim the COR	1. Official Receipt for the payment of registration fee 2. OARS Receipt Form	COR	Registrant shall claim the COR within one (1) week after feedback

 

ANNEX B

Crop Groupings and Representative Crops

 

Group	Crops Group	Representative Crops
1	ROOT CROPS Root and Tubers Bulb Vegetables	Carrots, potato, radish Garlic, leek, onion
FRUITING & LEAFY VEGETABLES Leafy Vegetables Fruiting Vegetables Herbs and Spices Brassica (coles)	Lettuce, spinach Eggplant, tomato Sweet basil, black pepper Cabbage, mustard Chinese, pechay Baguio, pechay
LEGUMES Legume Vegetables (Succulent or dried) Foliage of legumes Cucurbit Vegetables	Mungbean, string bean Mungbean, soybean leaves Cantaloupe, cucumber, squash
2	PERENNIALS/Plantation Crops Citrus Pome Stone Small fruit Tree nuts Sugarcane   Plantation Crops   FORAGE FODDER & STRAW OR CEREAL GRAINS Forage Grass foliage Non-grass animal feeds Turf   ORNAMENTALS Cut Flowers Foliage Indoor plants   INDUSTRIAL CROPS	Calamondin, pomelo Apple, chico, pear Cherry, prune, peaches Bignay, grapes, strawberry Cashew nut, pili nut   Banana, coconut, coffee, cacao, pineapple   Napier grass, cogon Ipil-ipil, stylo             Orchids Bamboo, lady palm, maidenhair fern Aglaonema, poinsettia   Cassava, rubber trees, palm, oil trees
3	GRAIN CROPS	Corn, sorghum, wheat, rice
4	TOBACCO

ANNEX C

Schedule of Fees for Registration

I. Registration of Organic Fertilizer Producers

 

Type of Fee

Amount (Php)

	Local	Imported
1. Application Fee for EUP/product/crop	600.00	1,200.00
2. Provisional Registration Fee (Annually)	600.00	1,800.00
3. Extension of Provisional Registration Fee 6 months 1 year	300.00 600.00	900.00 1,800.00
4. Full Registration Fee (New and Renewal); 3 years Validity	1,800.00	4,200.00

 

II. Other Fees

 

	Amount (Php)
1. Amendment to Certification	750.00
2. All Other Certification	350.00

 

n Note from the Publisher: Copied verbatim from the official copy.