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implementing rules and regulations
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IMPLEMENTING RULES AND REGULATIONS OF

REPUBLIC ACT NO. 7308

(OTHERWISE KNOWN AS THE SEED INDUSTRY DEVELOPMENT ACT OF 1992)


Pursuant to the provisions of Republic Act No. 7308, otherwise known as the SEED INDUSTRY DEVELOPMENT ACT OF 1992 which was enacted on March 27, 1992, the following rules and regulations are hereby adopted in order to carry out and enforce the provisions of the said Act:


CHAPTER I. PRELIMINARY PROVISIONS

Article 1. Title – These rules and regulations shall be known as the Implementing Rules and Regulations (IRRs) of the Seed Industry Development Act of 1992 hereinafter referred to as the Seed Act.

Article 2. Purpose – The main objective of these rules and regulations is to ensure the proper, effective and efficient implementation and enforcement of the provisions of R.A. No. 7308 in order to enhance the development of the Philippine seed industry.

Article 3. Coverage – These implementing rules and regulations shall cover all government and private institutions, agencies, entities, and individuals involved in the seed industry.

Article 4. Interpretation – These rules and regulations shall be interpreted in accord with the declared policy of the state to promote and accelerate the development of the seed industry. For this purpose, the government shall:


CHAPTER II. DEFINITIONS

Article 5. Definitions of Terms – When used in relation to the implementation of these rules and regulations, the following terms shall be defined as follows:


CHAPTER III. GENERAL PROVISIONS

Article 6. The National Seed Industry Council


Article 7. Powers, Responsibilities and Functions of the Council.


Article 8. Powers, Functions and Responsibilities of Chairman of the Council, Executive Director, and Council Members.


Article 9. Council Meetings

Article 10. Council Secretariat

Article 11. Technical Secretariat


Article 12. Facilities of the Council


Article 13. Funds of the Council


CHAPTER IV. THE SEED INDUSTRY DEVELOPMENT PROGRAM

Article 14. The Council, in consultation wit the private sector, shall adopt a Seed Industry Development Program, hereinafter referred to as the “Program”, within ninety (90) days after it has been constituted. The Program shall be implemented by its constituent agencies.

Article 15. The DA shall be the overall responsibility of directing and coordinating the activities of the component agencies in accelerating the development of the seed industry. It shall finalize the Program through a process of consultations with the public and private sector participants in the seed industry, including both seed users and producers.

Article 16. The BPI shall implement and monitor developments and accomplishments of the program. A monitoring report shall be submitted to the Council yearly.

Article 17. The program may be revised and updated upon recommendation of the Council and after consultations with the public and private sector participants in the seed industry.


CHAPTER V. INSTITUTIONS AND AGENCIES INVOLVED IN THE SEED INDUSTRY DEVELOPMENT PROGRAM

Article 18. The DA shall have the overall responsibility for directing and coordinating the activities of its attached agencies and bureaus in implementing the Program. Thus:


Article 19. The UPLB through the IPB shall provide the leadership in plant biotechnology activities related to plant improvement, genetic resources conservation, and in vitro mass production of panting materials.

Article 20. The PCARRD shall coordinate, evaluate, and monitor the research and development components of the Seed Program in line with the National Commodity Research and Development Programs.

Article 21. The Bureau of Investments (BOI) shall promulgate the necessary rules for the development of the seed industry as a preferred area of investment. It shall ensure that incentives provided for under E.O. 226 or the Omnibus Investment Code of 1987 to preferred investment areas are availed of by the seed producers.

Article 22. Other institutions mandated to engage in varietal development of other crops shall develop appropriate varieties of foundation and registered seeds adapted under Philippine conditions. These institutions shall also extend all necessary technical assistance to ensure the proper utilization of such seeds at the farm level.

Article 23. The Government agencies involved in the development of the seed industry shall encourage the private sector to engage in research and development, and in the mass production and distribution of high quality seeds.


CHAPTER VI. NATIONAL SEED QUALITY CONTROL SERVICES

Article 24. A National Seed Quality Control Services, hereinafter referred to as the “Services,” shall be constituted in the BPI. It shall be supervised by the BPI Director in the manner of a common operating division headed by a division chief.

Article 25. The Services shall have control and supervision over field inspection, certification and seed control services, and seed testing laboratories which shall be established by the BPI in various parts of the country as are necessary to ensure the attainment of the purpose of the Seed Act.

Article 26. The Services shall perform the following function:


Article 27. Personnel, funds, and equipment of the existing Seed Certification Section of the BPI, as well as seed quality control services and the field seed inspection services of the DA are hereby transferred to the services.

Article 28. The BPI, as the seed certifying agency of the DA, shall enforce rules and regulations on seed certification through the regional field offices of the DA.

Article 29. The BPI Director, upon endorsement of the Regional Directors of the DA, shall recommend the appointment and deputization of the Seed Analyst, Seed Certification Officers and Seed Inspectors for the approval of the Secretary of Agriculture.

Article 30. Seed Testing Laboratories shall collect reasonable fees for the testing of seeds, inspection of crop fields and facilities, and issuance of permits and licenses in relation to the activities of the service, and in accordance with the government regulations and standards.

Article 31. The accreditation of private seed testing laboratories shall be approved by the Director of the BPI in accordance with the regulations and standards of the Services.

Article 32. At the regional level, the Services shall be coordinating with the DA Regional Director in order to enhance the delivery of services to the clientele and establish a mechanism to provide productive linkages with the Local Government Units (LGUs) in carrying out the provisions of the Seed Act.


CHAPTER VII. REGIONAL AND PROVINCIAL LINKAGES

Article 33. The existing designated Regional Seed Coordinators shall continue to perform the following function:


Article 34. The Regional Chiefs of Seed Quality control Services shall perform the following functions:


Article 35. Provincial Seed Coordinators, who are now all devolved to LGUs, shall coordinate and institutionalize linkages with their respective Regional Seed Coordinators. They shall perform the following functions:


Article 36. Seed Inspectors, who are now all devolved to LGUs, shall coordinate and institutionalize linkages with the Regional Chief of Seed Quality Control Services and perform the following functions:


Article 37. All designations, assignments, and appointments of personnel for the seed program in the regions and provinces shall be approved by the Secretary of Agriculture, or his duly designated representative, upon the recommendation of the BPI Director with the concurrence of the DA Regional Director concerned.

Article 38. In case of disagreement between the parties concerned in the manner of the formulation of recommendations relative to the designations, assignments, and appointments of personnel for the seed program in the regions and provinces, the BPI Director shall make the final recommendation to the DA Secretary.


CHAPTER VIII. INCENTIVES AND PRIVILEGES

Article 39. The private sector may avail of the following incentives to develop the local seed industry:


Article 40. Companies/entities jointly or wholly owned by foreigners may avail of incentives and privileges provided by the BOI pursuant to the Omnibus Investment Code of 1987 and the Foreign Investment Act of 1991.

Article 41. The Council shall facilitate the registration and documentation of patents from discoveries of new seed varieties by local producers at both the national and international levels. The Council shall assist in protecting the intellectual property rights of local producers by providing legal assistance.


CHAPTER IX. RESTRICTIONS, SANCTIONS, AND PENALTIES

Article 42. Restrictions


Article 43. Authority to Search and Condemn Unlawful Seed Lots


Article 44. Penal Provisions


CHAPTER X. TRANSITORY AND FINAL PROVISIONS

Article 45. Funding


Article 46. Repealing Clause


Article 47. Separability Clause


Article 48. Amendments


Article 49. Effectivity


APPROVED:


SDG: ROBERTO S. SEBASTIAN
Secretary
Department of Agriculture
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