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Agricultural and Fisheries Mechanization: July 23, 2012-Begun

This document is the Republic Act No. 10601, which promotes agricultural and fisheries mechanization in the Philippines. Some key points: - It declares state policy to promote modern and cost-effective farm machinery to improve productivity, food security and farmers' incomes. - It aims to develop local assembly and manufacturing of machinery and equipment for agriculture and fisheries. - It establishes a National Agri-fishery Mechanization Program to promote research, credit access, and regulation to support local machinery development and manufacture by the private sector.

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Gelina Lacson
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0% found this document useful (0 votes)
55 views8 pages

Agricultural and Fisheries Mechanization: July 23, 2012-Begun

This document is the Republic Act No. 10601, which promotes agricultural and fisheries mechanization in the Philippines. Some key points: - It declares state policy to promote modern and cost-effective farm machinery to improve productivity, food security and farmers' incomes. - It aims to develop local assembly and manufacturing of machinery and equipment for agriculture and fisheries. - It establishes a National Agri-fishery Mechanization Program to promote research, credit access, and regulation to support local machinery development and manufacture by the private sector.

Uploaded by

Gelina Lacson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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preserving, transporting and distribution of agricultural

REPUBLIC ACT NO. 10601 and fisheries products.

AN ACT PROMOTING AGRICULTURAL AND (b) Agricultural and fisheries mechanization refers
FISHERIES MECHANIZATION DEVELOPMENT IN to the development, adoption, assembly, manufacture
THE COUNTRY and application of appropriate, location specific and
cost-effective agricultural and fisheries machinery
July 23, 2012- begun
using human, animal, mechanical, electrical, renewable
and other nonconventional sources of energy
Section 1. Title. – This Act shall be known as the
"Agricultural and Fisheries Mechanization
(c) Agro-industrial processing refers to the local
(AFMech) Law".
activity or series of activities to maintain or raise the
quality or change the form or characteristics of
ARTICLE I
agricultural, fisheries and forestry products.

DECLARATION OF POLICY, DEFINITION OF


(d) Fishing boat refers to any boat, ship or other
TERMS
watercraft of three (3) gross tons or less, equipped to
AND COVERAGE
be used for taking of fishery species or aiding or

SEC. 2. Declaration of Policy. – It shall be the policy assisting one (1) or more vessels in the performance

of the State to: chanrobles vi rt uallawli bra ry


of any activity relating to fishing including, but not
limited to, preservation, supply, storage, refrigeration,
(a) Promote the development and adoption of modern, transportation and/or processing.
appropriate and cost-effective and environmentally-
safe agricultural and fisheries machinery and SEC. 4. Scope and Application. – The provision of

equipment to enhance farm productivity and efficiency this Act shall apply to the research, development and

in order to achieve food security and safety and extension, promotion, distribution, supply, assembling,

increase farmers’ income; ςrαlαω


manufacturing, regulation, use, operation,
maintenance and project implementation of
(b) Provide a conducive environment to the local agricultural and fisheries machinery and equipment.
assembling and manufacturing of engines, machinery
and equipment for agricultural and fisheries
production, processing and marketing; ςrαlαω

ARTICLE II
(c) Ensure the quality and safety of machineries and
THE NATIONAL AGRI-FISHERY MECHANIZATION
equipment locally manufactured or imported by
PROGRAM
strengthening regulation through the development and
enforcement of machinery and machine performance
SEC. 5. The National Agri-fishery Mechanization
standards, regular testing and evaluation, registration,
Program. – There shall be formulated a National Agri-
and the accreditation and classification of suppliers,
fishery Mechanization Program by the Department of
assemblers and manufacturers to ensure compliance to
Agriculture (DA) with the following objectives: chanroble s virtuallaw lib rary

prescribed quality standards; ςrαlαω

(a) Promote and support through the provision of


(d) Strengthen support services such as credit
research grants, credit, transparent and predictable
faculties, research, training and extension programs,
regulation, the local development and manufacture of
rural infrastructures, postharvest facilities and
agricultural and fisheries machinery by the private
marketing services;
sector;
ςrαlαω

ςrαlαω

(e) Unify, rationalize and strengthen the


(b) Unify, lead and support the efforts of various
implementation, coordination of activities and
institutions in the research, design and development of
mechanisms on agricultural and fisheries
agricultural and fisheries machinery; ς rαlαω

mechanization programs and projects; and

(c) Establish quality, safety and performance standards


(f) Deliver integrated support services to farmers,
for agricultural and fisheries machinery; ς rαlαω

fisherfolk and other stakeholders, and assist them to


be able to viably operate and manage their agricultural (d) Support the establishment of quality, safety and
and fisheries mechanization projects. performance testing centers for the certification of
agricultural and fisheries machinery in strategic
SEC. 3. Definition of Terms. – The following terms
localities in the country; ςrαlαω

are defined, as follows: chanrob les vi rtual lawlib rary

(e) Establish guidelines for the registration of


(a) Agricultural and fisheries machinery refers to
ownership of agricultural and fisheries machinery; and
machinery and equipment for the production,
harvesting, processing, storage, manufacture,
(f) Promote the adoption of certified agricultural and (a) Development, pilot-testing and commercialization
fisheries machinery for improving agriculture and of appropriate, location-specific and cost-effective
fishery productivity. agricultural and fisheries machinery and equipment in
support to contiguous farming and machinery pooling; ςrα lαω

SEC. 6. Program Implementation. – The overall


implementation of the National Agri-fishery (b) Design and testing of new machineries and
Mechanization Program shall be coordinated by the DA equipment for agriculture and fisheries; ςrαl αω

through the Undersecretary duly designated by the


Secretary who shall: cha nrob les vi rtual lawlib rary
(c) Local manufacture and assembly of agricultural
engines and equipment; ςrαlαω

(a) Conduct the formulation and review of the five-


year National Agri-fishery Mechanization Program for (d) Development and utilization of renewable and

the DA; ςrαl αω


nonconventional energy resources such as wind,
biomass, hydro, solar and biofuels for agricultural and
(b) Provide leadership in the formulation of guidelines fisheries equipment and machineries; ςrαlαω

for the registration of ownership of agricultural and


fisheries machinery; ςrαlαω
(e) Development of efficient production and
postproduction mechanization systems; ςrαlαω

(c) Ensure the formulation of quality, safety and


performance standards for agricultural and fisheries (f) Continuous development of technical standards and

machinery; ς rαlαω
testing procedures for quality agricultural machinery
and components; ςrαlαω

(d) Ensure the formulation of accreditation guidelines


for testing centers for agricultural and fisheries (g) Training of farmers, fisherfolk, manufacturers,

machinery; ς rαlαω
extension workers, agricultural engineers, technicians
and operators engaged in the agricultural and fisheries
(e) Formulate and enforce guidelines for the credit mechanization; ςrαlαω

program to include, but not limited to, access,


disbursement and repayment; ςrαlαω
(h) Promotion of technologies through agricultural and
industrial extension activities and techno-demo
(f) Oversee the implementation of the National Agri- centers; ςrαlαω

fishery Mechanization Program by the various units of


the Department; and (i) Development of prototype and fabrication of
agricultural machinery and equipment; and
(g) Coordinate with other government agencies and
local government units (LGUs) in the (j) Development and conduct of commercialization

implementation of measures provided for in this Act. strategies involving all sectors representing the
demand and supply sides of agricultural and fisheries
ARTICLE III mechanization technologies.

RESEARCH, EXTENSION AND HUMAN RESOURCE SEC. 8. Agri-fisheries Mechanization RDE


DEVELOPMENT Network. – An Agricultural and Fisheries
Mechanization RDE Network is hereby organized and
SEC. 7. Unified National Research and composed of research and educational institutions,
Development (R&D) and Extension Agenda. – A LGUs, nongovernment organizations. The Agricultural
unified National Agricultural and Fisheries and Fisheries Mechanization RDE Network shall be
Mechanization Research and Development and responsible for the formulation and implementation of
Extension (RDE) Agenda shall be formulated and the National Agricultural and Fisheries Mechanization
implemented by the DA: Provided, That the DA, RDE Agenda. The PHilMech shall be responsible for
through the Philippine Center for Postharvest organizing the Network and shall serve as secretariat
Development and Mechanization (PHilMech) as to the Network. The Network shall be chaired by the
focal agency, shall integrate and unify all agricultural Director of the PHilMech.
and fisheries mechanization RDE programs and
projects of all concerned national government SEC. 9. Agri-fisheries Machinery and Equipment
agencies, Local Government Units (LGUs), state Service Centers. – The DA and the LGUs shall
universities and colleges (SUCs), which shall be encourage and support the private sector and other
geared towards development of machineries and rural entrepreneurs to establish and operate
equipment, job generation, address market and agricultural and fishery machinery and equipment
industry demands and help accelerate agricultural and service centers in the Strategic Agricultural and
fisheries modernization in the countryside. Fishery Development Zones (SAFDZs)) and
Agrarian Reform Communities.
The National Agricultural and Fisheries Mechanization
RDE Agenda shall include, but not be limited, to the
following: chanrobles vi rtua llawli bra ry
The Agri-fisheries Machinery and Equipment Service Furthermore, scholarships for graduate and
Center’s shall be operated as business enterprises that undergraduate degrees on agricultural engineering and
will provide the following services: chanrob les vi rtual lawlib rary trade/vocational courses on agricultural and fisheries
mechanization shall be given priority by the DA, the
(a) After-sales service and warranty to their respective CHED and the DOST.
clients; ςrαlαω

SEC. 13. Manpower Complement. – All agricultural


(b) Custom plowing, harrowing, harvesting, drying, and fisheries machinery pools and service centers,
milling and other farm mechanization services; ςrαl αω

including sales and distribution outlets and


manufacturing establishments, either public or private,
(c) Repair and troubleshooting services of agricultural
shall have the required manpower complement of
and fishery machinery and equipment; and
licensed agricultural engineers and certified technicians
and operators, in accordance with the guidelines and
(d) Training of maintenance and proper use of
standards to be promulgated by the Board of
agricultural machineries and equipment.
Agricultural Engineering (BoAE) of the

The ownership and operation of Agri-fisheries Professional Regulation Commission (PRC) and

Machinery and Equipment Service Centers shall not be the DOLE to ensure efficient operation and

the exclusive domain of equipment and machineries maintenance and good management practices. The DA

suppliers. These may be owned and operated by shall ensure compliance to this manpower complement

registered cooperatives or by businesses registered requirement.

with the Securities and Exchange Commission


SEC. 14. Skills Certification of Agricultural
(SEC) or with the Department of Trade and
Machinery Technicians and Operators. – The
Industry (DTI).
TESDA, in collaboration with the DA, the BoAE and the

SEC. 10. Agri-fisheries Mechanization and national associations of agricultural engineers and

Engineering Resource Network. – The existing agricultural machinery assemblers, manufacturers and

agricultural machinery information and database of the distributors, shall undertake skills certification and

PHilMech shall be strengthened into an agri-fishery accreditation systems for agricultural and fishery

mechanization and engineering resource network. It machinery operators and technicians.

will also be used or tapped as a facility for the online


ARTICLE IV
registration of agri-fisheries machinery and equipment,
and monitoring of agri-fisheries mechanization and
LOCAL ASSEMBLY, MANUFACTURE, SUPPLY AND
infrastructure projects. This network shall be linked to
AFTER-SALES SERVICE
other existing information and database networks of
the DA, the Agricultural Machinery Information SEC. 15. Local Assembling and Manufacturing. –
Network of the Department of Science and Production of locally-made engines and other
Technology (DOST), the Agricultural Mechanization machinery for agricultural and fisheries purposes shall
Development Program of the UPLB and of other be promoted and encouraged by the DA in partnership
government agencies. with the private sector, and through joint venture
agreements. For this purpose, the DA in partnership
SEC. 11. Research Grants. – To enhance research
with the recognized national organization of
and technological development on agricultural and
agricultural machinery assemblers, manufacturers and
fisheries mechanization, the government through the
distributors, agricultural engineers and the DOST shall
Bureau of Agricultural Research (BAR) of the DA,
undertake the feasibility study and R&D for the local
the DOST and the Commission on Higher Education
assembly and manufacture of agricultural
(CHED) shall provide competitive research grants to
engines/prime mover, and other agricultural machinery
members of the Network to undertake needs-oriented
and equipment.
research as well as institutional development and
upgrading of laboratory facilities and equipment. SEC. 16. Incentives for Local Manufacturers and
Assemblers of Agri-fisheries Machinery. –
SEC. 12. Training and Scholarship Program. – The
Ventures in local manufacture, fabrication and
DA, in partnership with SUCs and the private sector,
assembly of agri-fisheries machinery and equipment
shall train the agricultural extension workers and
shall be eligible for loans under the Agricultural
agricultural engineers of the LGUs who in turn shall
Competitiveness Enhancement Fund (ACEF) under
train the farmers and fisherfolk on agricultural and
the program of the DA. These businesses shall be
fisheries mechanization technologies and practices.
granted incentives as long as they are considered as
registered enterprises engaged in a preferred area of
The Department of Labor and Employment
investment pursuant to Article 39 of Executive Order
(DOLE) and the Technical Education and Skills
No. 226. as amended.
Development Authority (TESDA) shall be
responsible in the training of agricultural and fisheries
machinery technicians and operators.
SEC. 17. After-Sales Service. – All agricultural and that have no certification. One (1) year after the
fisheries machinery assemblers, manufacturers, enactment of this Act, the registrants must submit to
importers, suppliers, distributors and dealers are the BAFE the list of equipment/machineries
required to provide after-sales service and warranty to manufactured/fabricated/assembled/ imported.
then respective clients which shall be monitored by the
agriculture offices of the LGUs and the Bureau of SEC. 21. Standards Development and

Agricultural and Fisheries Engineering (BAFE), Enforcement. – The DA, through the Bureau of

created under Section 24 of this Act. Agriculture and Fisheries Product Standards
(BAFPS), in coordination with the DTI, the DOST, the
ARTICLE V BoAE and the AMTEC, and in consultation with the
accredited associations of farmers and fisherfolk,
TESTING AND EVALUATION, REGISTRATION, agricultural machinery assemblers, manufacturers and
STANDARDIZATION AND ACCREDITATION distributors and agricultural engineers shall develop
standards specifications and test procedures of
SEC. 18. Testing and Evaluation. – Agricultural and
agricultural and fishery machinery and equipment.
fisheries machinery and equipment to be sold in the
These standards should be in conformity with the
market shall pass through testing and evaluation by
International Standards Organization (ISO) and
the Agricultural Machinery Testing and Evaluation
shall be part of the existing Philippine Agricultural
Center (AMTEC) in accordance with the national
Engineering Standards (PAES).
policies and guidelines to be promulgated by the
Secretary. Specifically, before it can be assembled, Thereafter, the DA and the LGUs, in collaboration with
manufactured and commercially sold in the market, the BoAE, shall enforce the above standards on the
the model of the machine and any modification thereof manufacture, sale and distribution of agricultural and
should be tested by the AMTEC and should pass the fisheries machinery and equipment, and its
prescribed quality and performance standards. The accreditation system for agricultural and fisheries
regular testing and evaluation of machinery sold shall facilities and establishments.
be undertaken by the AMTEC on new models and
design. Field tests shall likewise be undertaken by the The Secretary shall deputize the agriculture offices of
AMTEC to ensure consistent quality of test units as well the LGUs to monitor the implementation of regulation
as on the commercial units. The BAFE shall maintain a concerning certification, registration of manufacturers,
certification registry of equipment and machinery as assemblers, dealers or importers and accreditation of
well as a registry of those denied certification. agricultural and fishery machinery and equipment
testing centers.
SEC. 19. Registration of Ownership of Agricultural
and Fishery Machinery and Equipment. – All The Department of Public Works and Highways
owners of agricultural and fishery machinery and (DPWH) and the local building officials, consistent with
equipment must register these with the agriculture the provisions of Republic Act No. 8559, otherwise
offices of municipal and city government units. The known as the "Philippine Agricultural Engineering Act
agriculture offices of the LGUs shall establish and of 1998", and in coordination with the agriculture
maintain a registry of agricultural and fishery offices of the LGUs shall enforce the PAES as part of
machinery at the municipal, city and provincial levels. the implementation of the National Building Code of
The DA Regional Agricultural Engineering Division shall the Philippines particularly in the design, construction,
maintain a registry of agricultural and fishery operation and maintenance of agricultural and fisheries
machinery at the regional office whereas the BAFE buildings and structures.
shall maintain a national database of all registered
agricultural and fishery machinery. Each office shall SEC. 22. Classification and Accreditation of

ensure that these registries and databases are Assemblers, Manufacturers, Importers,

available through the internet. The Secretary shall Suppliers, Distributors and Dealers. – Agricultural

promulgate national guidelines and procedures for the and fisheries machinery assemblers, manufacturers,

registration of agricultural and fisheries machinery by importers and suppliers, distributors and dealers shall

the LGUs, including the collection of registration fees in be classified into small, medium and large, and shall

accordance with the Local Government Code. be encouraged to have their manufacturing/service
facility build-up: Provided, That agricultural and
SEC. 20. Registration of Manufacturers, fisheries machinery assemblers, manufacturers,
Fabricators, Assemblers and Importers. – Within importers, suppliers, distributors and dealers shall be
six (6) months upon the enactment of this Act, all classified and accredited based on their organizational
manufacturers, fabricators, assemblers and importers strengths and track record, area of operation,
must register with the BAFE. marketing and distribution network, after-sales service
and manufacturing capabilities.
Three (3) years upon the enactment of this Act,
registrants must provide certification by an accredited
certifying body of all products that they have in the
market or intend to market and withdraw all products
ARTICLE VI equipment, in coordination with technology
generators: chanrobles vi rtua llawli bra ry

INSTITUTIONS
(h) Issue permits to operate to agriculture and fishery
SEC. 23. Agricultural and Fisheries Mechanization tools and equipment manufacturers, fabricators,
Committee. – The Agricultural and Fisheries assemblers and importers; and
Mechanization Committee (AFMeC) under the
National Agricultural and Fishery Council (NAFC) (i) Promulgate and implement accreditation guidelines
shall act as an advisory body to ensure the success of for testing centers.
the programs and activities of the DA concerning
agricultural and fisheries mechanization. It shall also The BAFE shall be headed by a Bureau Director and

serve as the consultative and feedback mechanism Assistant Bureau Director, all appointed by the

from the lowest possible level to the top decision President.

makers and to assist in defining and formulating the


The BAFE shall have the following divisions: (1)
goals and scope of the country’s agricultural and
Engineering Plans, Designs and Specifications; (2)
fisheries mechanization and infrastructure policies,
Programs and Projects Management; (3) Standards
plans and programs. The agricultural and fisheries
Regulation and Enforcement; and (4) Administration
mechanization committees under the regional,
and Finance.
provincial, city, municipal and barangay agricultural
and fishery councils shall integrate, coordinate, unify
Modifications shall be made in the organizational
and monitor the field implementation of the agri-
structure and staffing pattern of the regional field units
fisheries mechanization and infrastructure projects of
of the DA for the creation of Agricultural Engineering
various national government agencies, LGUs, banking
Division to strengthen the provision of agricultural
and financial institutions and the private sector.
engineering services necessary to carry out the field
implementation of the agricultural and fishery
SEC. 24. Strengthening the DA Agricultural and
engineering, mechanization and infrastructure
Fishery Engineering Groups. – Pursuant to Section
programs and projects of the DA.
46 of Republic Act No. 8435, otherwise known as the
"Agriculture and Fisheries Modernization Act of 1997",
All concerned bureaus and attached agencies of the DA
a Bureau of Agricultural and Fisheries
implementing agri-fishery mechanization and
Engineering (BAFE) is hereby created as a regular
infrastructure projects shall review and modify their
bureau of the DA which shall be under the supervision
organizational structure and staffing pattern with the
of the DA Undersecretary and shall have the following
end-view of strengthening the provision of agricultural
functions and responsibilities:
engineering services as part of the overall network of
chanro bles vi rtua llawli bra ry

the BAFE.
(a) Coordinate, oversee and monitor the national
planning and implementation of agri-fisheries
SEC. 25. Philippine Center for Postharvest
engineering, farm-to-market road and other agri-
Development and Mechanization (PHILMech). –
fisheries infrastructure projects;
The PHilMech shall coordinate, plan and execute
ςrαlαω

agricultural and fishery mechanization and postharvest


(b) Assist in the national planning, coordination and
RDE programs and projects of the DA.
implementation of the national agri-fisheries
mechanization programs;
SEC. 26. Bureau of Agriculture and Fisheries
ςrαlαω

Product Standards. – The BAFPS, in addition to its


(e) Prepare, evaluate, validate and recommend
functions under Sections 62 and 63 of Republic Act No.
engineering plans, designs and technical specifications
8435, shall develop standards for agriculture and
on agri-fisheries mechanization and infrastructure
fishery machinery, tools and equipment in coordination
projects; ςrαlαω

with accredited testing centers, and other concerned

(d) Oversee and provide technical assistance to the government and private entities.

operations of the agricultural engineering divisions of


The BAFPS is hereby renamed into Bureau of
the DA regional field units; ςrαlαω

Agriculture and Fisheries Standards (BAFS) and

(e) Coordinate and integrate all agricultural and authorized to create a new section under the current

fisheries engineering activities of the DA bureaus, Standards Development Division on agricultural and

attached agencies and corporations; ςrαlαω


fisheries machinery regulations. It may call upon
experts, professional groups and other government
(f) Coordinate and monitor the enforcement of agencies to assist in the performance of its functions.
standards and other regulatory policies on agricultural
and fishery engineering; ςrαlαω
SEC. 27. Agricultural Machinery Testing and
Evaluation Centers (AMTEC). – The AMTEC of the
(g) Implement accreditation and registration scheme College of Engineering and Agro-Industrial
for agriculture and fishery machinery, tools and Technology (CEAT) of the UPLB is hereby
institutionalized. The AMTEC is hereby designated as
the premier and reference testing center in the projects on irrigation, farm mechanization, postharvest
country, and for purposes of functional coordination facilities, farm-to-market roads and agricultural and
and integration, shall closely coordinate its activities fisheries infrastructure; ςrα lαω

with the BAFS and BAFE. As the premier testing


center, it shall assist the BAFS in the formulation of (e) Be in the frontline of the delivery of basic

quality, safety and performance standards of agricultural engineering services; ςrαlαω

agricultural and fisheries machinery and of


(f) Provide training and extension activities to farmers
accreditation guidelines for testing centers. It shall also
and fisherfolk particularly in the installation, operation
provide technical assistance in the establishment of
and maintenance of their irrigation, postharvest
testing centers in other parts of the country.
facilities, agricultural and fishery machinery projects in

ARTICLE VII coordination with the agriculture and fisheries


extension workers; ςrαlαω

RESPONSIBILITIES OF THE LOCAL GOVERNMENT


UNITS (g) Undertake and/or coordinate the pilot testing and
commercialization of matured agricultural and fisheries
SEC. 28. Implementation by the LGUs. – The LGUs, engineering technologies; and
pursuant to the provisions of Republic Act No. 7160,
otherwise known as the "Local Government Code of (h) Exercise such other powers and perform such other

1991", shall undertake applied research, extension, duties and functions as may be prescribed by law or

dispersal, management and regulation of agricultural ordinance.

and fisheries machinery and equipment, including the


To effectively carry out the above functions and
collection of fees.
responsibilities, the agricultural engineering division of

SEC. 29. Strengthening the Agricultural the provincial and city agriculture offices, and

Engineering Groups of the LGUs. – The agricultural agricultural engineering section in the municipal

engineering division/section of the agriculture offices of agriculture offices are hereby strengthened and

the LGUs organized under Executive Order No. 86, institutionalized into the organizational structure of the

Series of 1999 and Section 46 of Republic Act No. LGUs, and if not yet existing, shall be created in the

8435 shall serve as the planning, coordinating, particular LGUs. The LGUs belonging to the first up to

regulating and implementing bodies at the provincial, the third income classes which are providing or

city and municipal levels on agricultural and fisheries implementing agricultural and fisheries infrastructure,

engineering, mechanization and infrastructure mechanization and engineering projects shall hire at

programs and projects and shall have the following least one (1) agricultural engineer at the provincial,

functions and responsibilities: chanro bles vi rtua llawli bra ry


city and municipal levels.

(a) Provide agricultural engineering services which In the case of provincial, city and municipal LGUs

include engineering survey, preparation and evaluation belonging to the fourth up to the sixth income classes

of plans, designs, technical specifications, feasibility which are not capable of establishing then agricultural

studies and cost estimates/program of work of engineering division/section due to financial

irrigation, small water impounding, soil conservation constraints, the DA through its regional agricultural

and management, farm machinery, slaughterhouses, engineering divisions shall augment and perform such

poultry dressing plants, postharvest facilities, auction responsibilities and, as deemed necessary, establish its

markets, farm-to-market roads and other agricultural provincial, city and municipal operation units, and shall

and fisheries infrastructure projects of the LGUs; ςrαlαω


be allocated and provided with necessary funding and
manpower requirements for their operation.
(b) Administer, supervise and coordinate the
construction, operation, maintenance, improvement ARTICLE VIII

and management of irrigation, small water


PROHIBITED ACTS, PENALTIES AND SANCTIONS
impounding, soil and water conservation structures
and facilities, farm machinery, postharvest facilities,
SEC. 30. Prohibited Acts. – It is unlawful for any
auction markets, farm-to-market roads and other
person to: chanrobles vi rt uallawl ibra ry

agricultural and fisheries infrastructure projects of the


LGUs; ςrαlαω

(a) Sell, mortgage or lease agricultural and fishery


machinery without being registered with the BAFE; ς rαlαω

(c) Undertake the registration of agri-fishery


machinery and facilities, enforcement of the PAES and (b) Sell new agricultural and fishery machinery without
other agricultural and fishery engineering regulatory warranty or after-sales service; ςrαlαω

activities in coordination and collaboration with the


concerned national government agencies; ςrαlαω (c) Claim ownership to an agricultural and fishery
machinery that has not been properly registered in
(d) Coordinate with the concerned national his/her name; and
government agencies with regard to the
implementation of national government programs and
(d) Operate a testing center without proper efficient operation of agricultural machinery and
accreditation. equipment and likewise to ensure economies of scale.
The contiguous farming projects shall: chanrobles vi rtua llawli bra ry

SEC. 31. Penalties. – Any person who shall violate


any provision of this Act shall, upon conviction, be (a) Promote farm land clustering with a minimum of
subject to a fine of not less than One thousand fifty (50)-hectare cluster for synchronized farming
pesos (P1,000.00) but not more than Ten operations, from land preparation to harvesting, in
thousand pesos (P10,000.00) or imprisonment of cooperation or contract with agricultural mechanized
not less than two (2) months but not more than operation service providers; ςrαl αω

one (1) year, or both, upon the discretion of the


court and/or other applicable penalties imposed under (b) Undertake farm development planning; and

Republic Act No. 7394, otherwise known as the


(c) Promote the strengthening of farmers cooperatives
"Consumer Act of the Philippines". The purchase of
and associations.
noncertified or substandard agricultural and fishery
machinery for the government shall be dealt with
SEC. 35. Use of Renewable Energy. – The use of
under Republic Act No. 3019, as amended, otherwise
renewable and nonconventional energy such as wind,
known as the "Anti-Graft and Corrupt Practices
solar, hydro, biomass and other farm-based energy
Act."
sources shall be promoted as power sources for the
cha nrob lesvi rtua lawlib rary

operation and maintenance of agricultural and fisheries


SEC. 32. Sanctions. – This provision shall take effect
machinery. The DA, in coordination with the
four (4) years upon the enactment of this Act when
Department of Energy (DOE), the DOST and SUCs, and
all regulatory provisions have already been in place.
the private sector shall undertake research and
The Secretary or his duly authorized representative
extension activities to enhance the use of renewable
has the power to file before the proper court or
and nonconventional energy in agricultural and
regulatory agency the: chanro bles vi rtua llawli bra ry

fisheries operations.

(a) Forfeiture proceedings for agricultural and fishery


SEC. 36. Infrastructure Support. – The government
machinery that is not duly certified, without serial
shall provide priority investment for the infrastructure
number and without warranty, and is substandard; ςrαlαω

needs in clustered farm land identified as key

(b) Closure proceedings against business entities not agricultural and fishery production areas to accelerate

duly registered as manufacturers, assemblers, dealers agricultural and fisheries mechanization in the

or importers of agricultural and fishery machinery, or countryside and this includes irrigation, farm-to-

sells new agricultural and fishery machinery not duly market roads, postharvest, power and communications

certified, without a serial number, or without warranty, facilities.

without after-sales service and substandard; and


SEC. 37. Implementing Rules and Regulations. –

(c) Closure proceedings against testing centers that The DA, within six (6) months upon the enactment of

has not been duly accredited. this Act and in consultation with the stakeholders and
other government agencies, shall promulgate the
Any business that sells new agricultural and fishery necessary rules and regulations to implement this Act.
machinery which was not duly certified, without a
serial number, without warranty, or without after-sales SEC. 38. Funding. – The Secretary of Agriculture shall

service shall be given one (1) month to refund or include in the DA’s program the implementation of this

replace the sold machinery duly corrected for any Act, the funding of which shall be included in the

deficiency as indicated. Failure to do so shall result to annual General Appropriations Act.

corresponding legal action against the offending party.


The DA shall likewise set aside funds from the

ARTICLE IX Agricultural Competitiveness Enhancement Fund


(ACEF) for grants to upgrade the AMTEC and to
MISCELLANEOUS PROVISIONS establish one (1) testing center in Visayas and one (1)
testing center in Mindanao.
SEC. 33. Agricultural and Fisheries Mechanization
Programs at the Local Levels. – The LGUs, through The BAR shall allocate funds annually from its regular
an ordinance, shall also formulate in consultation with R&D funds to support research programs, processing
the DA and implement their respective provincial, city of patent applications, and testing and certification of
and municipal agricultural and fishery mechanization locally designed agri-fisheries equipment and
plans as a vital component of their respective local machineries.
development plans.
All LGUs shall include in their investment plans, as part
SEC. 34. Contiguous Farming. – The DA, together of the priority appropriations for local development
with the Department of Agrarian Reform (DAR), fund, the funding support for the implementation of
shall carry out contiguous farming projects in order to their respective provincial, city, municipal and
effect suitable field shapes and sizes conducive to barangay agricultural and fisheries mechanization
programs in accordance with Republic Act No. 7160 DA - Department of Agriculture

and its implementing rules and regulations and the LGU- Local Government Units
Department of the Interior and Local Government-
Department of Budget and Management (DILG-DBM) PhilMech - Philippine Center for Postharvest
Development and Mechanization
Joint Memorandum Circular No. 1, Series of 2005.
SUCs - State Universities and Colleges
The CHED shall allocate funds from the Higher
Education Development Fund necessary for the RDE - Research and Development and Extension

upgrading of agri-fisheries mechanization and SAFDZs - Strategic Agricultural and Fishery


engineering laboratory facilities of concerned SUCs, Development Zones
faculty training program and scholarships.
DTI - Department of Trade and Industry
The TESDA shall likewise allocate funds from its annual
appropriations necessary for the skills certification and DOST - Department of Science and Technology

training program for agri-fishery machinery technicians SEC - Securities and Exchange Commission
and operators.
BAR - Bureau of Agricultural Research
SEC. 39. Congressional Oversight Committee. –
CHED - Commission on Higher Education
The Congressional Oversight Committee on
Agricultural and Fisheries Modernization DOLE - Department of Labor and Employment
(COCAFM) shall be the congressional oversight
TESDA - Technical Education and Skills Development
committee for purposes of this Act.
Authority

SEC. 40. Separability Clause. – The provisions of this BoAE - Board of Agricultural Engineering
Act are hereby declared separable and if any clause,
PRC - Professional Regulation Commission
sentence, provision or section hereof should be
declared invalid, such invalidity shall not affect the ACEF - Agricultural Competitiveness Enhancement
other provisions of this Act which can be given force Fund
and effect without the provisions which have been
BAFE - Bureau of Agricultural and Fisheries
declared invalid. Engineering

SEC. 41. Repealing Clause. – All laws, decrees, AMTEC - Agricultural Machinery Testing and
executive and other administrative issuances and parts Evaluation Center

thereof which are inconsistent with the provisions of BAFPS - Bureau of Agriculture and Fisheries Product
this Act are hereby repealed or modified accordingly. Standards

SEC. 42. Effectivity Clause. – This Act shall take ISO - International Standards Organization
effect after fifteen (15) days from its publication in the
PAES - Philippine Agricultural Engineering Standards
Official Gazette or m two (2) newspapers of general
circulation. AFMeC - Agricultural and Fisheries Mechanization
Committee
Approved:
NAFC - National Agricultural and Fishery Council

BAFE - Bureau of Agricultural and Fisheries


(Sgd.) FELICIANO (Sgd.) JUAN Engineering
BELMONTE JR. PONCE ENRILE
BAFS - Bureau of Agriculture and Fisheries Standards
Speaker of the House President of the
of Representatives Senate CEAT - College of Engineering and Agro-Industrial
Technology

..by the Senate and the House of Representatives on DAR - Department of Agrarian Reform
February 4, 2013.

(Sgd.) MARILYN B. (Sgd.) EDWIN B.


BARUA-YAP BELLEN
Secretary General Acting Senate
House of Representatives Secretary

Approved: June 5, 2013

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines

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