WHEREAS, fertilizer and pesticides as vital inputs in food production and must be supplied in adequate quantities at reasonable costs.
WHEREAS, improper pesticide usage presents serious risks to users, handlers, and the public in general because of the inherent toxicity of these compounds which are, moreover, potential environmental contaminants;
WHEREAS, there is a need to educate the agricultural sector on the benefits as well as the hazards of pesticide use so that it can utilized pesticides properly to promote human welfare while avoiding dangers to health and environmental pollution;
WHEREAS, the fertilizer and pesticide industries have much in common in terms of clientele, distribution channels, system of application in farmers' fields, and technical supervision by the same farm management technicians under the government's food production program;
WHEREAS, the foregoing considerations make it desirable to have one agency to regulate fertilizer importation, manufacture, formulation, distribution, delivery, sale, transport and storage as well as pesticide labeling, distribution, storage, transportation, use and disposal;
WHEREAS, the Fertilizer Industry Authority was created by Presidential Decree No. 135, dated 22 February 1973, and amended by Presidential Decree Nos. 517 and 669, dated 19 July 1974 and 11 March 1975 respectively, in order to regulate, control and develop the fertilizer industry but does not include the pesticide industry in its jurisdiction;
WHEREAS, there is an urgent need to create a technically-oriented government authority equipped with the required expertise to regulate, control and develop both the fertilizer and the pesticide industries;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the following:
SECTION 1.Creation of the Fertilizer and Pesticide Authority. - The Fertilizer and Pesticide Authority, hereinafter referred to as the FPA, is hereby created and attached to the Department of Agriculture for the purpose of assuring the agricultural sector of adequate supplies of fertilizer and pesticide at reasonable prices, rationalizing the manufacture and marketing of fertilizer, protecting the public from the risks inherent in the use of pesticides, and educating the agricultural sector in the use of these inputs.
SEC. 2. Abolition of the Fertilizer Industry Authority. - The Fertilizer Industry Authority created under Presidential Decree 135, dated 22 February 1973, as amended by Presidential Decree 517 and 669, dated 19 July 1974 and 11 March 1975 respectively, is hereby abolished.
The FPA shall assume such appropriations, assets and liabilities and hire such personnel of the FIA as may be determined by its Board of Directors; Provided, that such assumption is made within sixty (60) days from the effectivity of this decree.
SEC. 3. Definitions. - For the purpose hereof, the terms herein below shall be understood to mean as follows:
(a) "Pesticide" - any substance or product, or mixture thereof, including active ingredients, adjuvants, and pesticide formulations, intended to control, prevent, destroy, repel or mitigate directly or indirectly, any pest. The term shall be understood to include insecticide, fungicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant and the like.
(b) "Fertilizer" - includes any substance solid or liquid or any nutrient element or elements organic or inorganic singly or in combination with other materials, applied directly to the soil for the purpose of promoting plant growth, increasing crop yield or improving their quality.
(c) "Other agricultural chemicals" - shall mean chemicals, chemical inputs and chemical compounds not herewith covered by the definition of fertilizer and pesticide but utilized by the agricultural sector.
(d) "Handlers" - shall mean exporters, importers, manufacturers, formulators, distributors, suppliers, wholesalers, dealers, repackers, commercial applicators, warehousers, and retailer of fertilizers, fertilizer inputs, pesticide and other agricultural inputs.
(e) "Tolerance Level" - shall mean the maximum amount of pesticides, as determined by the FPA, which may be allowed to remain in any raw agricultural produce at any stage between harvesting and consumption.
(f) "Imminent Hazard" - shall mean a situation which exists when the continued use of a pesticide will likely result in unreasonable adverse effects on the public and/or the environment or will involve unreasonable hazards to the survival of a specie declared endangered by the appropriate authorities.
SEC. 4. Board of Directors. - The powers and functions of the FPA shall be vested in and exercised by a Board of Directors which shall be composed of the following officials or their representatives:
1. | Secretary of Agriculture | Chairman |
2. | Secretary of Industry | Member |
3. | Secretary of Finance | Member |
4. | Secretary of Trade | Member |
5. | Governor, Central Bank | Member |
6. | President, Philippine National Bank | Member |
7. | Director, Bureau of Plant Industry | Member |
8. | Commissioner, Pollution Control Commission | Member |
9. | Administrator, Food & Drug Administration | Member |
The members of the Board shall elect a Vice-Chairman who shall act as Chairman in case of the absence, inability or temporary incapacity of the Chairman.
SEC. 5. Organization. - The FPA is empowered to determine and create its organizational structure in order to achieve its objectives, including the number, positions and salaries of its officers and employees.
The Board is empowered to create the positions of Administrator, Deputy Administrator for Fertilizer, Deputy Administrator for Pesticides, and other subordinate officials as may be required.
The Board shall appoint all the officers of the FPA, establish a compensation scheme including allowances and benefits, working hours and such other conditions of employment as it may deem proper, discipline and/or removed for cause, and exercise such other powers over its personnel as may be necessary for the efficient operation of the FPA.
SEC. 6. Powers and Functions. - The FPA shall have jurisdiction, on over all existing handlers of pesticides, fertilizers and other agricultural chemical inputs. The FPA shall have the following powers and functions:
I. Common to Fertilizers, Pesticides and other Agricultural Chemicals.
SEC. 8. Prohibitions Governing Sale and Use of Fertilizers and Pesticides. - It shall be unlawful for any handler of pesticides, fertilizer, and other agricultural chemicals or for any farmers, planter or end-user of the same as the case may be:
(a) To engage in any form of production, importation, distribution, storage and sale in commercial quantities without securing from the FPA a license therefor;
(b) To use any pesticide or pesticide formulation on crops, livestock, and the environment in a manner contrary to good agricultural practices as hereinabove defined;
(c) To deal in pesticides and/or fertilizers which have not been previously registered with FPA, or which registration has expired or has been suspended or revoked;
(d) To adulterate pesticides formulation and fertilizer grade;
(e) To impose as a condition for the purchase of fertilizer, the simultaneous purchase of pesticide for other agricultural chemical inputs and vice-versa;
(f) To mislable or make claims which differ in substance from the representation made in connection with a product's registration or from its actual effectiveness; and
(g) To violate such other rules and regulations as may be promulgated by FPA.
SEC. 9. Registration and Licensing. - No pesticides, fertilizer, or other agricultural chemical shall be exported, imported, manufactured, formulated, stored distributed, sold or offered for sale, transported, delivered for transportation or used unless it has been duly registered with the FPA or covered by a numbered provisional permit issued by FPA for use in accordance with the conditions as stipulated in the permit. Separate registrations shall be required for each active ingredient and its possible formulations in the case of pesticides or for each fertilizer grade in the case of fertilizer.
No person shall engage in the business of exporting, importing, manufacturing, formulating, distributing, supplying, repacking, storing, commercially applying, selling, marketing, of any pesticides, fertilizer and other agricultural chemicals except under a license issued by the FPA.
The FPA, in the pursuit of its duties and functions, may suspend, revoke, or modify the registration of any pesticide, fertilizer and other agricultural chemicals after due notice and hearing.
SEC. 10. Penalties. - (a) Fertilizer. - Any person who violates any of the provisions of this Decree or any of the provisions of the rules and regulations issued or promulgated by the FPA on fertilizer shall be punished by imprisonment of not less than 15 years and 1 day or more than 20 years if the amount involved is more than P50,000.00; by imprisonment of not less than 10 years and 1 day or more than 15 years if the amount involved is P10,000.00 or less, as well as a fine ranging from an amount equal to the value involved to three times such value but which shall in no case be less than P5,000.00 nor more than P20,000.00; by a fine of P5,000.00 but not more than P10,000.00 by other violations where the amount involved cannot be determined; Provided, that if falsification of a public or commercial document is committed by reasons or on the occasion of the commission of any of the acts punishable herein, the offender shall be imposed of the maximum fine and term of imprisonment as above prescribed. If the violation is committed by a corporation, firm, partnership, cooperative, association or any other entity, the penalty shall be imposed upon the guilty office or offices and such corporation, firm, partnership, association or entity.
(b) Pesticides. - Any person who violates any of the provisions of this Decree or any of the provisions of the rules and regulations issued or promulgated by FPA or pesticide, shall be liable to a penal servitued of not in excess of one year or a fine of P5,000.00 but not more than P10,000.00 provided that if the violation is committed by a corporation, firm, partnership, cooperative, association or any other entity, the penalty shall be imposed upon the guilty officials or officers of such entities.
SEC. 11. Appropriation. - The sum of One Million and Two Hundred Thousand (P1.2 Million) Pesos shall, in addition to what has been appropriated for the Fertilizer Industry Authority for the Calendar Year 1977, be released out of any funds in the National Treasury not otherwise appropriated. For every calendar year thereafter such sums as may be necessary for the operations of the FPA shall be included in the General Appropriations Decree.
Any provision of existing law to the contrary notwithstanding, the FPA may impose fees or receive grants, subsidies, donations, or contributions from any entity and retain such funds for its operation.
SEC. 12. Life of FPA. - The FPA shall constitute itself immediately and shall continue to exist until and unless abolished by the President of the Philippines.
SEC. 13. Separability Clause. - The provisions of this Decree are hereby declared to be separable, and in the event any one of more of such provisions are held unconstitutional, the validity of other provisions shall not be affected.
SEC. 14. Repealing Clause. - All laws, decrees, acts, executive order, ordinances, rules and regulations which are inconsistent with the provisions of the Presidential Decree are hereby repealed, amended or modified accordingly.
SEC. 15. Effectivity. - This Decree shall take effect upon approval.
Done in the City of Manila, this 30th day of May, in the year of Our Lord, nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS | |||
| By the President: | ||
(Sgd.) JUAN C. TUVERA | |||
Presidential Executive Assistant |