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RA 8435 TITLE 1

Section 5–64 · 60 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Declaration of Policy.

Section 5

SEC. 5. Declaration of Policy. – It is the policy of the State to ensure that all sectors of the economy and all regions of the country shall be given optimum opportunity to develop through the rational and sustainable use of resources peculiar to each area in order to maximize agricultural productivity, promote efficiency and equity and accelerate the modernization of the agriculture and fisheries sectors of the country.

Network of Areas for Agricultural and Agro- Industrial Development.

Section 6

SEC. 6. Network of Areas for Agricultural and Agro- Industrial Development. – The Department shall, within six (6) months after the approval of this Act, and in consultation with the local government units, appropriate government agencies, concerned non-government organizations (NGOs) and organized farmers' and fisherfolk's groups, identify the Strategic Agriculture and Fisheries Development Zones (SAFDZ) within the network of protected areas for agricultural and agro-industrial development to ensure that lands are efficiently and sustainably utilized for food and non-food production and agro-industrialization. The SAFDZ, which shall serve as centers where development in the agriculture and fisheries sectors are catalyzed in an environmentally and socio-culturally sound manner, shall be identified on the basis of the following criteria: a) Agro-climatic and environmental conditions giving the area a competitive advantage in the cultivation, culture, production and processing of particular crops, animals and aquatic products; b) Strategic location of the area for the establishment of agriculture or fisheries infrastructure, industrial complexes, production and processing zones; c) Strategic location of the area for market development and market networking both at the local and international levels; and d) Dominant presence of agrarian reform communities (ARCs) and/or small owner-cultivators and amortizing owners/agrarian reform beneficiaries and other small farmers and fisherfolk in the area. The SAFDZ shall have an integrated development plan consisting of production, processing, investment, marketing, human resources and environmental protection components.

Model Farms.

Section 7

SEC. 7. Model Farms. – The Department, in coordination with the local government units (LGUs) and appropriate government agencies, may designate agrarian reform communities (ARCs) and other areas within the SAFDZ suitable for economic scale production which will serve as model farms. Farmer-landowners whose lands are located within these designated areas shall be given the option to enter into a management agreement with corporate entities with proven competence in farm operations and management, high-end quality production and productivity through the use of up-to-date technology and collateral resources such as skilled manpower, adequate capital and credit, and access to markets, consistent with existing laws.

Mapping.

Section 8

SEC. 8. Mapping. – The Department, through the Bureau of Soils and Water Management (BSWM), in coordination with the National Mapping and Resource Information Authority (NAMRIA) and the Housing and Land Use Regulatory Board (HLURB) shall undertake the mapping of the network of areas for agricultural and agro-industrial development for all municipalities, cities at an appropriate scale. The BSWM may call on other agencies to provide technical and other logistical support in this undertaking.

Delineation of Strategic Agriculture and Fisheries Development Zones.

Section 9

SEC. 9. Delineation of Strategic Agriculture and Fisheries Development Zones. – The Department, in consultation with the Department of Agrarian Reform, the Department of Trade and Industry, the Department of Environment and Natural Resources, Department of Science and Technology, the concerned LGUs, the organized farmers and fisherfolk groups, the private sector and communities shall, without prejudice to the development of identified economic zones and free ports, establish and delineate, based on sound resource accounting, the SAFDZ within one (1) year from the effectivity of this Act. All irrigated lands, irrigable lands already covered by irrigation projects with firm funding commitments, and lands with existing or having the potential for growing high-value crops so delineated and included within the SAFDZ shall not be converted for a period of five (5) years from the effectivity of this Act: Provided, however, That not more than five percent (5%) of the said lands located within SAFDZ may be converted upon compliance with existing laws, rules, regulations, executive orders and issuances, and administrative orders relating to land use conversion: Provided, further, That thereafter: 1) a review of the SAFDZ, specifically on the productivity of the areas, improvement of the quality of life of farmers and fisherfolk, and efficiency and effectiveness of the support services shall be conducted by the Department and the Department of Agrarian Reform, in coordination with the Congressional Oversight Committee on Agricultural and Fisheries Modernization; 2) conversion may be allowed, if at all, on a case-to-case basis subject to existing laws, rules, regulations, executive orders and issuances, and administrative orders governing land use conversion; and, 3) in case of conversion, the land owner will pay the Department the amount equivalent to the government's investment cost including inflation.

Preparation of Land Use and Zoning Ordinance.

Section 10

SEC. 10. Preparation of Land Use and Zoning Ordinance. – Within one (1) year from the finalization of the SAFDZ, in every city and municipality, all cities and municipalities shall have prepared their respective land use and zoning ordinance incorporating the SAFDZ, where applicable. Thereafter, all land use plans and zoning ordinances shall be updated every four (4) years or as often as may be deemed necessary upon the recommendation of the Housing and Land Use Regulatory Board and must be completed within the first year of the term of office of the mayor. If the cities/municipalities fail to comply with the preparation of zoning and land use plans, the DILG shall impose the penalty as provided for under Republic Act No. 7160.

Penalty for Agricultural Inactivity and Premature Conversion.

Section 11

SEC. 11. Penalty for Agricultural Inactivity and Premature Conversion. – Any person or juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares or larger, whether contiguous or not, within the protected areas for agricultural development, as specified under Section 6 in relation to Section 9 of this Act, to lie idle and unproductive for a period exceeding one (1) year, unless due to force majeure, shall by subject to an idle land tax of Three thousand pesos (P3,000.00) per hectare per year. In addition, the violator shall be required to put back such lands to productive agricultural use. Should the continued agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be subject to escheat proceedings. Any person found guilty of premature or illegal conversion shall be penalized with imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the government's investment cost, or both, at the discretion of the court, and an accessory penalty of forfeiture of the land and any improvement thereon. In addition, the DAR may impose the following penalties, after determining, in an administrative proceeding, that violation of this law has been committed: Cancellation or withdrawal of the authorization for land use conversion; and Blacklisting, or automatic disapproval of pending and subsequent conversion applications that they may file with the DAR.

Protection of Watershed Areas.

Section 12

SEC. 12. Protection of Watershed Areas. – All watersheds that are sources of water for existing and potential irrigable areas and recharge areas of major aquifers identified by the Department of Agriculture and the Department of Environment and Natural Resources shall be preserved as such at all times. CHAPTER 2AGRICULTURE AND FISHERIES MODERNIZATION PLAN

Agriculture and Fisheries Modernization Plan (AFMP).

Section 13

SEC. 13. Agriculture and Fisheries Modernization Plan (AFMP). – The Department, in consultation with the farmers and fisherfolk, the private sector, NGOs, people's organizations and the appropriate government agencies and offices, shall formulate and implement a medium- and long-term comprehensive Agriculture and Fisheries Modernization Plan. The Agriculture and Fisheries Modernization Plan shall focus on five (5) major concerns: Poverty alleviation and social equity; Income enhancement and profitability, especially for farmers and fisherfolk; Global competitiveness; and Sustainability.

Food Security, Poverty Alleviation, Social Equity and Income Enhancement.

Section 14

SEC. 14. Food Security, Poverty Alleviation, Social Equity and Income Enhancement. – The Department, in coordination with other concerned departments or agencies, shall formulate medium-and long-term plans addressing food security, poverty alleviation, social equity and income enhancement concerns based on, but not limited to, the following goals and indicators of development: Availability of rice and other staple foods at affordable prices; Reduction of rural poverty and income inequality; Reduction of the incidence of malnutrition; Reduction of rural unemployment and underemployment; and Improvement in land tenure of small farmers.

Global Competitiveness and Sustainability.

Section 15

SEC. 15. Global Competitiveness and Sustainability. – The Department shall formulate medium- and long-term plans aimed at enhancing the global competitiveness and sustainability of the country in agriculture and fisheries based on, but not limited to, the following goals and indicators of development: Increase in the volume, quality and value of agriculture and fisheries production for domestic consumption and for exports; Reduction in post-harvest losses; Increase in the number/types and quality of processed agricultural and fishery products; Increase in the number of international trading partners in agriculture and fishery products; Increase in the number of sustainable agriculture and fisheries firms engaged in domestic production, processing, marketing and export activities; Increase in and wider level of entrepreneurship among farmers and fisherfolk in the area; Increase in the number of farms engaged in diversified farming; and Reduced use of agro-chemicals that are harmful to health and the environment.

Global Climate Change.

Section 16

SEC. 16. Global Climate Change. – The Department, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Service Administration (P.A.G.A.S.A.) and such other appropriate government agencies, shall devise a method of regularly monitoring and considering the effect of global climate changes, weather disturbances, and annual productivity cycles for the purpose of forecasting and formulating agriculture and fisheries production programs.

Special Concerns.

Section 17

SEC. 17. Special Concerns. – The Department shall consider the following areas of concerns, among others, in formulating the AFMP: Strategies and programs aimed to achieve growth and profitability targets in the contest of the constraints and challenges of the World Trade Organization (WTO); Programs arising from the implementation of the Agrarian Reform Program; Identification of SAFDZ; Infrastructure and market support of the SAFDZs; Infrastructure support to make agriculture and fisheries production inputs, information and technology readily available to farmers, fisherfolk, cooperatives and entrepreneurs; Credit programs for small farmers and fisherfolk, and agricultural graduates; Comprehensive and integrated agriculture and fisheries research, development and extension services; Preservation of biodiversity, genetic materials and the environment; Adequate and timely response against environmental threats to agriculture and fisheries; Rural non-farm employment; Access to aquatic resources by fisherfolk; Basic needs program for the impoverished sectors of society who will be affected by liberalization; Indigenous peoples; Rural youth; Women; Handicapped persons; and Senior citizens.

Monitoring and Evaluation.

Section 18

SEC. 18. Monitoring and Evaluation. – The Department shall develop the capability of monitoring the AFMP through a Program Benefit Monitoring and Evaluation System (PBMES). In addition, it can secure the services of independent consultants and external evaluators in order to assess its over-all impact. The Department shall make periodic reports to the Congressional Oversight Committee on Agriculture and Fisheries Modernization.

Role of Other Agencies.

Section 19

SEC. 19. Role of Other Agencies. – All units and agencies of the government shall support the Department in the implementation of the AFMP. In particular, the Department of Public Works and Highways shall coordinate with the Department with respect to the infrastructure support aspect of the plan in order to accomplish networking of related infrastructure facilities. The Department of Interior and Local Government shall provide assistance to the Department in mobilizing resources under the control of local government units. The Departments of Trade and Industry, Agrarian Reform, Science and Technology, and Environment and Natural Resources shall coordinate their investment programs and activities to complement the Department's implementation of the AFMP. The Department of Education, Culture and Sports, the Technical Education and Skills Development Authority, the Department of Health and the Department of Social Services and Development shall coordinate with the Department to determine the financial requirements of small farmers and fisherfolk to adjust to the effects of modernization as envisioned in the Agriculture and Fisheries Modernization Plan. The Department of Environment and Natural Resources shall provide technical assistance and advice on the delineation of the SAFDZ and on the development of the Department's environmental protection plans. The departments referred to above shall be required to identify in their budget proposals the allocation intended for the improvement of the environmental and other conditions affecting agriculture and fisheries. Congressional initiatives shall also be coordinated by the Committees on Agriculture of both Houses to complement and enhance the programs and activities of the Department in the implementation of the AFMP.

CHAPTER 3CREDIT

Declaration of Policy.

Section 20

SEC. 20. Declaration of Policy. – It is hereby declared the policy of the State to alleviate poverty and promote vigorous growth in the countryside through access to credit by small farmers, fisherfolk, particularly the women involved in the production, processing and trading of agriculture and fisheries products and the small and medium scale enterprises (SMEs) and industries engaged in agriculture and fisheries. Interest rates shall be determined by market forces, provided that existing credit arrangements with agrarian reform beneficiaries are not affected. Emphasis of the credit program shall be on proper management and utilization. In this regard, the State enjoins the active participation of the banking sector and government financial institutions in the rural financial system.

Section 21

SEC. 21. Phase-out of the Directed Credit Programs (DCPs) and Provision for the Agro-Industry Modernization Credit and Financing Program (AMCFP). – The Department shall implement existing DCPs; however, the Department shall, within a period of four (4) years from the effectivity of this Act, phase-out all DCPs and deposit all its loanable funds including those under the Comprehensive Agricultural Loan Fund (CALF) including new funds provided by this Act for the AMCFP and transfer the management thereof to cooperative banks, rural banks, government financial institutions and viable NGOs for the Agro-Industry Modernization Credit Financing Program (AMCFP). Interest earnings of the said deposited loan funds shall be reverted to the AMCFP.

Coverage.

Section 22

SEC. 22. Coverage. – An agriculture, fisheries and agrarian reform credit and financing system shall be designed for the use and benefit of farmers, fisherfolk, those engaged in food and non-food production, processing and trading, cooperatives, farmers'/ fisherfolk's organization and SMEs engaged in agriculture and fisheries, hereinafter referred to in this chapter as the "beneficiaries."

Scope of the Agro-Industry Modernization Credit and Financing Program (AMCFP).

Section 23

SEC. 23. Scope of the Agro-Industry Modernization Credit and Financing Program (AMCFP). – The Agro-Industry Modernization Credit and Financing Program shall include the packaging and delivery of various credit assistance programs for the following: Agriculture and fisheries production including processing of fisheries and agri-based products and farm inputs; Acquisition of work animals, farm and fishery equipment and machinery; Acquisition of seeds, fertilizer, poultry, livestock, feeds and other similar items; Procurement of agriculture and fisheries products for storage, trading, processing and distribution; Acquisition of water pumps and installation of tube wells for irrigation; Construction, acquisition and repair of facilities for production, processing, storage, transportation, communication, marketing and such other facilities in support of agriculture and fisheries; Working capital for agriculture and fisheries graduates to enable them to engage in agriculture and fisheries-related economic activities; Agribusiness activities which support soil and water conservation and ecology-enhancing activities; Privately-funded and LGU-funded irrigation systems that are designed to protect the watershed; Working capital for long-gestating projects; and Credit guarantees on uncollateralized loans to farmers and fisherfolk.

Section 24

SEC. 24. Review of the Mandates of Land Bank of the Philippines, Philippine Crop Insurance Corporation, Guarantee Fund For Small and Medium Enterprises, Quedan and Rural Credit Guarantee Corporation, Agricultural Credit Policy Council. – The Department of Finance shall commission an independent review of the charters and the respective programs of the Land Bank of the Philippines (LBP), Philippine Crop Insurance Corporation (PCIC), Guarantee Fund for Small and Medium Enterprises (GSFME), Quedan and Rural Credit Guarantee Corporation (Quedancor), and Agricultural Credit Policy Council (ACPC), and recommend policy changes and other measures to induce the private sector's participation in lending to agriculture and to improve credit access by farmers and fisherfolk: Provided, That agriculture and fisheries projects with long gestation period shall be entitled to a longer grace period in repaying the loan based on the economic life of the project. The Land Bank of the Philippines, shall, in accordance with its original mandate, focus primarily on plans and programs in relation to the financing of agrarian reform and the delivery of credit services to the agriculture and fisheries sectors, especially to small farmers and fisherfolk. The review shall start six (6) months after the enactment of this Act. Thereafter, the review shall make recommendations to the appropriate Congressional Committees for possible legislative actions and to the Executive Branch for policy and program changes within six (6) months after submission.

Rationalization of Credit Guarantee Schemes and Funds.

Section 25

SEC. 25. Rationalization of Credit Guarantee Schemes and Funds. – All existing credit guarantee schemes and funds applicable to the agriculture and fishery sectors shall be rationalized and consolidated into an Agriculture and Fisheries Credit Guarantee Fund. The rationalization and consolidation shall cover the credit guarantee schemes and funds operated by the Quedancor, the GFSME and the Comprehensive Agricultural Loan Fund. The Agriculture and Fisheries Credit Guarantee Fund shall be managed and implemented by the Quedancor: Provided, That representation to the Quedancor Board shall be granted to cooperatives, local government units and rural financial institutions: Provided, further, That credit guarantee shall be given only to small-scale agriculture and fisheries activities and to countryside micro-, small, and medium enterprises. It may also cover loan guarantees for purchase orders and sales contracts. The Agriculture and Fisheries Credit Guarantee Fund shall be funded by at least ten percent (10%) of the funding allocation for the AMCFP.

CHAPTER 4IRRIGATION

Declaration of Policy.

Section 26

SEC. 26. Declaration of Policy. – It is the policy of the State to use its natural resources rationally and equitably. The State shall prevent the further destruction of watersheds, rehabilitate existing irrigation systems and promote the development of irrigation systems that are effective, affordable, appropriate, and efficient. In the choice of location-specific irrigation projects, the economic principle of comparative advantage shall always be adhered to.

Research and Development.

Section 27

SEC. 27. Research and Development. – Irrigation Research and Development (R&D) shall be pursued and priority shall be given to the development of effective, appropriate and efficient irrigation and water management technologies. The Department shall coordinate with the Department of Environment and Natural Resources concerning the preservation and rehabilitation of watersheds to support the irrigation systems.

Criteria for Selection of Irrigation Development Scheme.

Section 28

SEC. 28. Criteria for Selection of Irrigation Development Scheme. – The selection of appropriate scheme of irrigation development shall be location-specific and based on the following criteria: Technical feasibility; Cost-effectiveness; Affordability, low investment cost per unit area; Sustainability and simplicity of operation; Recovery of operation and maintenance cost; Efficiency in water use; Length of gestation period; and Potential for increasing unit area productivity. All irrigation projects shall, in addition to the criteria enumerated above, be subjected to a social cost-benefit analysis.

Simplified Public Bidding.

Section 29

SEC. 29. Simplified Public Bidding. – The construction, repair, rehabilitation, improvement, or maintenance of irrigation projects and facilities shall follow the Commission on Audit (COA) rules on simplified public bidding. Irrigation projects undertaken by farmers, farmers' organizations and other private entities whose funding is partly or wholly acquired by way of loan from government financial institutions shall not be subject to the bidding requirements of the government.

National Irrigation Systems (NIS).

Section 30

SEC. 30. National Irrigation Systems (NIS). – The National Irrigation Administration (NIA) shall continue to plan, design, develop, rehabilitate and improve the NISs. It shall continue to maintain and operate the major irrigation structures including the headwork’s and main canals. In addition, the NIA is mandated to gradually turn over operation and maintenance of the National Irrigation System's secondary canals and on-farm facilities to Irrigator’s Associations.

Communal Irrigation Systems (CIS).

Section 31

SEC. 31. Communal Irrigation Systems (CIS). – The Department shall, within five (5) years from the effectivity of this Act, devolve the planning, design and management of CISs, including the transfer of NIA's assets and resources in relation to the CIS, to the LGUs. The budget for the development, construction, operation and maintenance of the CIS and other types of irrigation systems shall be prepared by and coursed through the LGUs. The NIA shall continue to provide technical assistance to the LGUs even after complete devolution of the Irrigation Systems to the LGUs, as may be deemed necessary.

Minor Irrigation Schemes.

Section 32

SEC. 32. Minor Irrigation Schemes. – The Department shall formulate and develop a plan for the promotion of a private sector-led development of minor irrigation systems, such as Shallow Tube Wells (STWs), Low-Lift Pumps (LLPs) and other inundation systems. The plan shall be included in the Short-term Agriculture and Fisheries Modernization Plan.

Other Irrigation Construction Schemes.

Section 33

SEC. 33. Other Irrigation Construction Schemes. – The Government shall also encourage the construction of irrigation facilities through other viable schemes for the construction of irrigation such as build-operate-transfer, build-transfer and other schemes that will fast-track the development of irrigation systems.

Guarantee of the National Government.

Section 34

SEC. 34. Guarantee of the National Government. – To make build-operate-transfer (BOT) projects for irrigation attractive to proponents, the national government shall issue the needed payment guarantee for BOT projects which shall answer for default of the National Irrigation Administration. Such amounts needed to answer for the payment guarantee is hereby to be appropriated.

Irrigation Service Fees (ISF).

Section 35

SEC. 35. Irrigation Service Fees (ISF). – Upon effectivity of this Act, the NIA shall immediately review the ISF rates and recommend to the Department reasonable rates within six (6) months from the effectivity of this Act.

Monitoring and Evaluation.

Section 36

SEC. 36. Monitoring and Evaluation. – The Department shall monitor the implementation of R & D programs and irrigation projects. The Department shall review all existing irrigation systems every four (4) years, to determine their viability or ineffectiveness. The Department shall employ the services of independent evaluators to assess the over-all impact of the country's irrigation development.

Exemption from Election Ban.

Section 37

SEC. 37. Exemption from Election Ban. – The repair, maintenance and rehabilitation of irrigation facilities as well as BOT irrigation projects shall be exempted from the scope of the election ban on public works. CHAPTER 5INFORMATION AND MARKETING SUPPORT SERVICE

Declaration of Policy.

Section 38

SEC. 38. Declaration of Policy. – It is hereby declared the policy of the State to empower Filipino farmers and fisherfolk, particularly the women, involved in agriculture and fisheries through the provision of timely, accurate and responsive business information and efficient trading services which will link them to profitable markets for their products. They shall likewise be given innovative support toward the generation of maximum income through assistance in marketing.

Coverage.

Section 39

SEC. 39. Coverage. – A market information system shall be installed for the use and benefit of, but not limited to, the farmers and fisherfolk, cooperatives, traders, processors, the LGUs and the Department.

The Marketing Assistance System.

Section 40

SEC. 40. The Marketing Assistance System. – The Department shall establish a National Marketing Assistance Program that will immediately lead to the creation of a national marketing umbrella in order to ensure the generation of the highest possible income for the farmers and fisherfolk or groups of farmers and fisherfolk, matching supply and demand in both domestic and foreign markets.

National Information Network.

Section 41

SEC. 41. National Information Network. – A National Information Network (NIN) shall be set up from the Department level down to the regional, provincial and municipal offices within one (1) year from the approval of this Act taking into account existing information networks and systems. The NIN shall likewise link the various research institutions for easy access to data on agriculture and fisheries research and technology. All departments, agencies, bureaus, research institutions, and local government units shall consolidate and continuously update all relevant information and data on a periodic basis and make such data available on the Internet.

Information and Marketing Service.

Section 42

SEC. 42. Information and Marketing Service. – The NIN shall provide information and marketing services related to agriculture and fisheries which shall include the following: Demand data; Price and price trends; Product standards for both fresh and processed agricultural and fisheries products; Directory of, but not limited to, cooperatives, traders, key market centers, processors and business institutions concerned with agriculture and fisheries at the provincial and municipal levels; Research information and technology generated from research institutions involved in agriculture and fisheries; International, regional and local market forecasts; and Resource accounting data.

Initial Set-up.

Section 43

SEC. 43. Initial Set-up. – The Department shall provide technical assistance in setting-up the NIN at the local level through the cooperatives and the LGUs: Provided, That, at the local level, a system that will make marketing information and services related to agriculture and fisheries will be readily available in the city/municipal public market for the benefit of the producers, traders and consumers.

Role of Government Agencies.

Section 44

SEC. 44. Role of Government Agencies. – The Bureau of Agricultural Statistics will serve as the central information server and will provide technical assistance to end-users in accessing and analyzing product and market information and technology. The Department of Transportation and Communications shall provide technical and infrastructure assistance to the Department in setting up the NIN. LGUs shall coordinate with the Department for technical assistance in order to accelerate the establishment and training of information end-users in their respective jurisdictions. The Cooperatives Development Authority shall coordinate with the Department for technical assistance in order to provide training assistance to cooperatives in the use and analysis of market information and technology.

Role of Private Sector.

Section 45

SEC. 45. Role of Private Sector. – The NIN shall likewise be accessible to the private sector engaged in agriculture and fisheries enterprises. The Department shall formulate guidelines and determine fees for private sector entities that use the NIN.

CHAPTER 6OTHER INFRASTRUCTURE

Agriculture and Fisheries Infrastructure Support Services.

Section 46

SEC. 46. Agriculture and Fisheries Infrastructure Support Services. – The Department of Public Works and Highways, the Department of Transportation and Communications, the Department of Trade and Industry and the LGUs shall coordinate with the Department to address the infrastructure requirements in accordance with this Act: Provided, That, the Department and the LGUs shall also strengthen its agricultural engineering groups to provide the necessary technical and engineering support in carrying out the smooth and expeditious implementation of agricultural infrastructure projects.

Criteria for Prioritization.

Section 47

SEC. 47. Criteria for Prioritization. – The prioritization of government resources for rural infrastructure shall be based on the following criteria: Agro-industrial potential of the area; Socio-economic contributions of the investments in the area; Absence of public investment in the area; and Presence of agrarian reform beneficiaries and other small farmers and fisherfolk in the area.

Public Infrastructure Facilities.

Section 48

SEC. 48. Public Infrastructure Facilities. – Public infrastructure investments shall give preference to the kind, type, and model of infrastructure facilities that are cost-effective and will be useful for the production, conservation, and distribution of most commodities and should benefit the most number of agriculture and fisheries producers and processors.

Private Infrastructure Facilities.

Section 49

SEC. 49. Private Infrastructure Facilities. – For infrastructure facilities primarily benefiting private investors, the State shall facilitate the purchase and use of such facilities and shall keep to the minimum the bureaucratic requirements for these types of investments. Private investors include cooperatives or corporations of agriculture and fisheries producers and processors.

Public Works Act.

Section 50

SEC. 50. Public Works Act. – The Department of Public Works and Highways shall coordinate with the Department for the purpose of determining the order of priorities for public works funded under the Public Works Act which directly or indirectly affect agriculture and fisheries.

Fishports, Seaports and Airports.

Section 51

SEC. 51. Fishports, Seaports and Airports. – The Department of Transportation and Communications, Philippine Ports Authority and Philippine Fisheries Development Authority shall coordinate with the Department for the purpose of determining priority fishports, seaports and airports and facilitating the installation of bulk-handling and storage facilities, and other post-harvest facilities needed in order to enhance the marketing of agriculture and fisheries products: Provided, That fishports, seaports and airports are also equipped with quarantine, sanitary and phytosanitary centers. The Department of Transportation and Communications (DOTC) shall have the mandate to cancel arrastre and cargo handling franchises among operators whom it deems inefficient and/or ineffective owing, but not limited to, a past history of under-capitalization, lack of equipment and lack of professional expertise. The DOTC shall recommend to the Philippine Ports Authority and consult with ship-owners and ship-operators in assessing the cargo-handling capabilities of cargo operators prior to extending new franchises or awards.

Farm-to-Market Roads.

Section 52

SEC. 52. Farm-to-Market Roads. – The Department shall coordinate with the LGUs and the resident-farmers and fisherfolk in order to identify priority locations of farm-to-market roads that take into account the number of farmers and fisherfolk and their families who shall benefit therefrom and the amount, kind and importance of agricultural and fisheries products produced in the area. Construction of farm-to-market roads shall be a priority investment of the LGUs which shall provide a counterpart of not less than ten percent (10%) of the project cost subject to their IRA level.

Rural Energy.

Section 53

SEC. 53. Rural Energy. – The Department shall coordinate with the Department of Energy (DOE), the Department of Public Works and Highways (DPWH), the National Electrification Administration (NEA) and the National Power Corporation (NAPOCOR) for the identification and installation of appropriate types of energy sources particularly in the use of non-conventional energy sources for the locality in order to enhance agriculture and fisheries development in the area.

Communications Infrastructure.

Section 54

SEC. 54. Communications Infrastructure. – The Department shall coordinate with the DOTC to facilitate the installation of telecommunication facilities in priority areas, in order to enhance agriculture and fisheries development.

Water Supply System.

Section 55

SEC. 55. Water Supply System. – The Department shall coordinate with the DPWH and the LGUs for the identification and installation of water supply system in the locality for agro-industrial uses to enhance agriculture and fisheries development in the area.

Research and Technology Infrastructure.

Section 56

SEC. 56. Research and Technology Infrastructure. – The Department in coordination with other government agencies shall give priority and facilitate the funding of infrastructure necessary for research ventures such as farm laboratories and demonstration farms with State colleges and universities that derive their core funds from the Department.

Post-Harvest Facilities.

Section 57

SEC. 57. Post-Harvest Facilities. – The Department shall coordinate with the Bureau of Post-Harvest for Research and Extension and the Post-Harvest Horticulture, Training and Research Center of the University of the Philippines Los Baños, to identify appropriate post-harvest facilities and technology needed to enhance agriculture and fisheries development in the area.

Public Market and Abattoirs.

Section 58

SEC. 58. Public Market and Abattoirs. – The Department shall encourage the LGUs to turn over the management and supervision of public market and abattoirs to market vendors' cooperatives and for that purpose, the appropriation for post-harvest facilities shall include the support for market vendors' cooperatives. The Department shall coordinate with the LGUs in the establishment of standardized market systems and use of sanitary market facilities, and abattoirs, intended to ensure food safety and quality. All markets shall have a sanitation unit, proper and adequate drainage and sewerage system, ample water supply, public toilets with lavatories, garbage receptacles, ice plants and cold storage, adequate lighting and ventilation and supply of electricity to ensure cleanliness and sanitation. Price monitoring bulletin boards for selected commodities and weighing scales accessible to the public shall also be established. Proper protection and preservation of agriculture and fisheries products being sold in the market shall also be observed. All foods which require no further cooking shall be wrapped, covered, or enclosed in containers to preserve the freshness and prevent contamination. Selling of products on market floors shall be prohibited.

Agricultural Machinery.

Section 59

SEC. 59. Agricultural Machinery. – The Department shall give priority to the development and promotion of appropriate agricultural machinery and other agricultural mechanization technologies to enhance agricultural mechanization in the countryside.

CHAPTER 7PRODUCT STANDARDIZATION AND CONSUMER SAFETY

Declaration of Policy.

Section 60

SEC. 60. Declaration of Policy. – It is the policy of the State that all sectors involved in the production, processing, distribution and marketing of food and non-food agricultural and fisheries products shall adhere to, and implement the use of product standards in order to ensure consumer safety and promote the competitiveness of agriculture and fisheries products.

Bureau of Agriculture and Fisheries Product Standards.

Section 61

SEC. 61. Bureau of Agriculture and Fisheries Product Standards. – The Department, within six (6) months after the approval of this Act, and in consultation with the Department of Trade and Industry and the Bureau of Food and Drugs, shall establish the Bureau of Agriculture and Fisheries Product Standards (BAFPS).

Coverage.

Section 62

SEC. 62. Coverage. – The BAFPS shall set and implement standards for fresh, primary- and secondary-processed agricultural and fishery products.

Powers and Functions.

Section 63

SEC. 63. Powers and Functions. – The BAFPS shall have the following powers and functions: Formulate and enforce standards of quality in the processing, preservation, packaging, labeling, importation, exportation, distribution, and advertising of agricultural and fisheries products; Conduct research on product standardization, alignment of the local standards with the international standards; and Conduct regular inspection of processing plants, storage facilities, abattoirs, as well as public and private markets in order to ensure freshness, safety and quality of products.

Pool of Experts and Advisers.

Section 64

SEC. 64. Pool of Experts and Advisers. – The BAFPS may coordinate, seek the services of, and consult with both private and governmental agencies, research institutes, educational establishments and such other individuals and entities with expertise in the field of product standards and consumer safety. The Department of Trade and Industry, the Food and Nutrition Research Institute, and the Bureau of Food and Drugs shall provide technical advice and form part of the pool of experts/advisers of the BAFPS.

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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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