AN ACT INSTITUTING THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION PROGRAM
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AN ACT INSTITUTING THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION PROGRAM
Republic Act No. 10817
May 16, 2016
Case Overview and Summary
Summary of Republic Act No. 10817 (Philippine Halal Export Development and Promotion Act of 2016)Title and Declaration of Policy (Sections 1-2)
• This Act shall be known as the "Philippine Halal Export Development and Promotion Act of 2016".
• It declares the policy of the State to promote the growth and ensure the integrity and quality of Philippine Halal exports, develop and promote Halal industries, and protect consumers of Halal products, processes, and services.
Definition of Terms (Section 3)
• Defines key terms such as "Halal", "accreditation", "certification", "processes", "products", "recognition", and "services".
Philippine Halal Export Development and Promotion Program (Section 4)
• Establishes the Philippine Halal Export Development and Promotion Program, which includes:
- Development and application of Halal agricultural and manufacturing standards and practices
- Organization and development of accredited certification bodies
- Identification and expansion of markets for Halal products, processes, and services
- Forging of international and bilateral agreements on harmonization of standards
- Compliance of producers, manufacturers, service providers, traders, and exporters to established standards
- Industry development and promotion, including expansion into non-food Halal products and services
- Consumer awareness and fair trade practices
- Provision of common service facilities
Creation of Philippine Halal Export Development and Promotion Board (Sections 5-8)
• Creates the Philippine Halal Export Development and Promotion Board (Halal Board) as the policy-making body on Halal export development.
• Outlines the powers and functions of the Halal Board (Section 6), including:
- Formulating, advocating, coordinating, overseeing, and assessing the implementation of the Program
- Directing and coordinating the development and harmonization of Philippine National Standards for Halal
- Spearheading and supporting the forging of international agreements and recognition of accredited Halal certification bodies
- Issuing the Philippine Halal Logo and guidelines for its use
- Encouraging and supporting the establishment of a single umbrella organization of Halal certification bodies
- Promulgating policies and guidelines for the accomplishment of the Act's objectives
- Creating technical panels, working groups, or task forces
- Investigating and making recommendations on complaints, controversies, or disputes
- Requesting assistance and cooperation from government agencies or private entities
• Specifies the composition of the Halal Board (Section 7), including representatives from various government agencies and two Muslim Filipino professionals appointed by the President.
• Establishes an interagency secretariat from the DTI, NCMF, DA, and DOH to support the Halal Board (Section 8).
Accreditation of Halal Certification Bodies (Section 9)
• Empowers the Philippine Accreditation Bureau (PAB) to formulate accreditation policies and guidelines, and grant or deny accreditation of Halal certification bodies.
Philippine National Standards for Halal (Section 10)
• Mandates the development of Philippine National Standards for Halal by the following agencies:
- Department of Agriculture – Bureau of Agriculture and Fisheries Standards (BAFS) – for primary and post-harvest foods
- Department of Health – Food and Drug Administration (FDA) – for processed and prepackaged foods, drugs, and cosmetics
- Department of Trade and Industry – Bureau of Philippine Standards (BPS) – for non-food products aside from drugs and cosmetics
Export and Trade Regulation of Halal Products, Processes, and Services (Section 11)
• Outlines conditions for the export and trade of Halal products, processes, and services, including:
- Undergoing certification from an accredited Halal certification body
- Complying with appropriate Philippine National Standards for Halal or recognized international/foreign standards
- Being registered with the national regulatory agency concerned
- Affixing or using the Philippine Halal Logo after complying with the conditions
- Voluntary Halal certification for products, processes, and services for domestic consumption or use
Export Promotion (Section 12)
• Requires the DTI, DA, DOH, and other concerned agencies to enhance the capabilities and global competitiveness of Halal exporters through various means, such as business matching, trade and market information, trade fairs, and seminars.
• Tasks the Foreign Trade Service Corps and Foreign Agriculture Service Corps to conduct commercial intelligence works and marketing activities to find new and expand existing markets.
• Mandates the DTI, NCMF, and DFA to pursue the recognition of accredited Halal certification bodies and certified Halal products, processes, and services by accreditation and certification bodies of other countries.
Infrastructure Support and Incentives (Section 13)
• Requires the government, especially the DA, to 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.
• Mandates the Board of Investments, Philippine Economic Zone Authority, and other investment promotion agencies to promote the growth of Halal industries and grant fiscal and non-fiscal incentives to attract investments in pioneering and essential industries for increasing exports of Halal products or as raw materials/ingredients.
Institutional and Human Resource Development (Section 14)
• Requires the DTI, NCMF, DA, DOH, DOST, CHED, TESDA, SUCs, certification bodies, private sector, and Muslim Filipino organizations to establish and implement an institutional and human resource development program, including:
- Capacity building for producers, manufacturers, and processors to enable compliance with certification standards
- Skills trainings for Halal industry workers, farmers, fishermen, and producers
- Scholarship program for underprivileged but deserving college and post-graduate students in relevant fields
- Formulation and implementation of competency standards and training regulations for technical-vocational education and training by TESDA
- Upgrading of facilities, faculty development, and strengthening of on-the-job training programs in higher education institutions for Halal technology and standards
Research, Development, and Extension (RDE) (Section 15)
• Requires the DTI, DA, DOH, DOST, CHED, SUCs, and private organizations to formulate and implement a national RDE program to develop, propagate, or commercialize Halal products, processes, and services.
• Identifies and assists SUCs with the capability to support RDE for Halal to become centers of development and excellence.
• Requires the DOST to upgrade the capability of the PAB, BPS, FDA, BAFS, other regulatory agencies, Halal certification bodies, producers, manufacturers, and service providers in ensuring integrity and compliance to standards.
Applicability of Fair Trade, Consumer Protection, and Copyright Laws (Section 16)
• Applies relevant provisions of fair trade, consumer protection, and copyright laws, as well as the charters of regulatory and standard-setting agencies, to ensure compliance with Philippine National Standards on Halal and the use of the Philippine Halal Logo.
• Requires appropriate agencies to conduct consumer protection and advocacy programs to create awareness among consumers on Halal products, processes, and services, and enable them to determine and complain about unfair trade practices.
Authority to Receive Donations and/or Grants (Section 17)
• Authorizes the Halal Board to accept grants, contributions, endowments, and bequests from local and foreign sources in support of the development and growth of Philippine Halal industries, subject to the condition that such donations shall not be used to fund personal services and other operating expenses of the Halal Board.
Appropriations (Section 18)
• Charges the initial implementation of the Act against the current appropriations of the DTI, and requires subsequent amounts necessary for the continuous operation of the Halal Board and the implementation of the Program to be included in the annual General Appropriations Act.
Transitory Provisions (Section 19)
• Dissolves the Philippine Halal Promotion, Development, and Accreditation Board under the NCMF, and transfers its Halal promotion and development records to the Halal Board, and accreditation records to the PAB.
Implementing Rules and Regulations (Section 20)
• Requires the Halal Board, in consultation with concerned government agencies, Muslim Filipino organizations, and Halal industry stakeholders, to issue the implementing rules and regulations of the Act within ninety (90) days from its effectivity.
Repealing Clause, Separability Clause, and Effectivity (Sections 21-23)
• Repeals, modifies, or amends laws, decrees, executive orders, and rules and regulations inconsistent with the Act.
• Includes a separability clause to ensure the validity of the remaining provisions if any provision is declared unconstitutional.
• Specifies that the Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
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AN ACT INSTITUTING THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION PROGRAM
Republic Act No. 10817
•May 16, 2016
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Sixteenth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10817
AN ACT INSTITUTING THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION PROGRAM, CREATING FOR THE PURPOSE THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION BOARD, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. – This Act shall be known as the “Philippine Halal Export Development and Promotion Act of 2016”.
SECTION 2. Declaration of Policy. – Recognizing the significant role of exports to national economic development, and the potential contribution of Halal industries, it is hereby declared the policy of the State to promote the growth and ensure the integrity and quality of Philippine Halal exports.
With 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, harmonization of standards to international...
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