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seed industry development act of 1992
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REPUBLIC ACT NO. 7308


AN ACT TO PROMOTE AND DEVELOP THE SEED INDUSTRY IN THE PHILIPPINES
AND CREATE A NATIONAL SEED INDUSTRY COUNCIL AND FOR OTHER PURPOSES


Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


SECTION 1. Short Title. – This act shall be known as the Seed Industry Development Act of 1992.

SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to promote and accelerate the development of the seed industry and for this purpose, the Government shall:

SECTION 3. Definition of Terms. – When used in this Act, the following terms shall mean as follows:

SECTION 4. National Seed Industry Council – There is hereby created a National Seed Industry Council, hereinafter referred to as the “Council”, to replace the existing Philippine Seed Board. The Council shall be composed of the following who, except for the representatives of the private sector shall serve in ex officio capacity.

The representatives of the sectors enumerated herein, who shall be nominated by their respective secotrs or association, shall be appointed by the Secretary of Agriculture and shall serve of a term of three (3) years. Only citizens of the Philippines shall be members of the Council. In case of vacancy the appointed successors shall serve only the unexpired portion of the term of his predecessor.

SECTION 5. Duties, Powers and Functions. – The Council shall have the following duties, powers and functions:

SECTION 6. Council Meeting. – The Council shall hold regular quarterly meetings: Provided, That it may hold special meetings when necessary upon the call of the Chairman or upon written request of at least three (3) members. The presence of five (5) members shall constitute a quorum.

The members of the Council shall not receive any compensation: Provided, That they shall be entitled to per diems and travel allowances, to be determined by the Council for every attendance in the meetings.

SECTION 7. Chairman, Duties and Responsibilities – The Chairman of the Board shall have the following duties and responsibilities:

SECTION 8. Executive Diretor, Duties and Responsibilities – The Executive Director shall have the following duties and responsibilities:

SECTION 9. Council Secretariat. – The Council shall have a Secretariat which shall furnish the necessary administration, secretarial and other support services to the Council. The Secretariat shall be under the direction and supervision of the Executive Director. The personnel of the secretariat shall be appointed and their compensation fixed by the Chairman upon the recommendation of the executive Director in accordance with the Civil Service rules and regulations.

SECTION 10. Technical Secretariat. – There is hereby created under the Council a Technical Secretariat which shall assume the functions of the existing Philippine Seed Board Technical Working Groups. The heads and the members of the Technical Secretariat shall be appointed and their compensation and tenure fixed by the Chairman upon the recommendation of the Executive Director.

The Technical Secretariat shall establish seed standards and formulate systems and procedures for varietal identification, evaluation, nomination, review and approval for registration, commercial release and discontinuation of crop cultivars or varieties in the National Agricultural Crop Production and Development Program

SECTION 11. National Seed Quality Control Services. – There shall be a National Seed Quality Control Services, hereinafter referred to as “Services”, which shall be constituted in the Bureau of Plant Industry. It shall have control and supervision over field inspection and control services, and seed testing laboratories which shall be established by the Bureau of Plant Industry in various parts of the country as are necessary to ensure the attainment of the purposes of this Act. All personnel, funds and equipment of the existing Seed Certification Section of the Bureau of Plant Industry, the seed quality control services and the field inspection services of the Department of Agriculture are hereby transferred to the herein created body.

SECTION 12. Functions of the National Seed Quality Control Services. – The National Seed Quality Control Services shall perform the following functions:

SECTION 13. Seed Industry development Program. – The Council shall adopt within ninety (90) days after it has been constituted, a Seed Industry Development Program hereinafter referred to as the “Program” which shall be implemented by its constituent agencies.

SECTION 14. Incentives. – The private sector may avail of the following incentives to develop the local seed industry:

SECTION 15. Restrictions. – The following acts are prohibited:

SECTION 16. Funds of the Council. – There is hereby created a special account in the general fund to be known as the Seed Fund which shall be obtained from the following sources:

SECTION 17. Appropriations. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter.

SECTION 18. Authority to Search and Condemn Unlawful Seed Lots. – In order to carry out effectively the provisions of this Act, the Executive Director of the Council is hereby authorized to search and seize seed lots labeled, identified or imported in violation of this Act: Provided, That a search warrant shall first be secured from the proper court and the same shall be served/enforced with the assistance of the Philippine National Police (PNP) or the National Bureau of Investigation.

Should the seed lots so searched and seized be found after due hearing, to be suitable for condemnation, in his judgment, the Executive Director is hereby empowered to issue to any of his designated representatives an order for condemnation of unlawful seed lots, in which case the same shall be processed, relabeled or otherwise disposed of in such manner as he may deem appropriate: Provided, That in no case shall the Executive Director order such condemnation without giving the claimant an opportunity to apply for the release of said seed lot or permission to process it in compliance with this Act, subject to the payment of just compensation in the proper case.

SECTION 19. Penal Provisions. – Any person, fir, or association who shall violate any provision of this Act or the implementing rules and regulations promulgated pursuant to this Act, shall, upon conviction, be purnished with a fine of not more than Ten Thousand pesos (P 10,000.00) or imprisonment of not more than five (5) years, or both, in the discretion of the court: Provided, That in the case of a firm or association, the penalty of imprisonment shall be imposed upon the officer(s) who knowingly participated, abetted or consented to the commission of such punishable acts.

SECTION 20. Rules and Regulations. – The Council shall, within ninety (90) days from the effectivity of this Act, promulgate the necessary rules and regulations for the enforcement of the provisions of this Act.

SECTION 21. Repealing Clause. – All existing laws, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, superseded or modified accordingly: Provided, however, That nothing in this Act shall amend, modify or repeal the provisions of republic Act No. 7160, otherwise known as the Local Government Code.

SECTION 22. Separability Clause. – If any part, section or provision of this Act shall be held invalid or unconstitutional, the rest of the provisions shall not be affected thereby.

SECTION 23. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.


Approved,


ORIGINAL SIGNED ORIGINAL SIGNED
RAMON V. MITRA NEPTALI A. GONZALES
Speaker of the House of Representatives President of the Senate

This bill which is a consolidation of Senate Bill No. 401 and House Bill No. 28002, was finally passed by the Senate and the House of Representatives on February 3, 1992 and January 29, 1992, respectively.


ORIGINAL SIGNED ORIGINAL SIGNED
CAMILO I. SABIO ANACLETO D. BADOY, JR.
Secretary General Secretary of the Senate
House of Representatives

Approved: March 27, 1992


ORIGINAL SIGNED
CORAZON C. AQUINO
President of the Philippines
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