Agricultural and Fisheries Mechanization: July 23, 2012-Begun
Agricultural and Fisheries Mechanization: July 23, 2012-Begun
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.
SEC. 2. Declaration of Policy. – It shall be the policy assisting one (1) or more vessels in the performance
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,
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
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machinery; ς rαlαω
testing procedures for quality agricultural machinery
and components; ςrαlαω
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
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.
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
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
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
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
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(d) Oversee and provide technical assistance to the government and private entities.
(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
1991", shall undertake applied research, extension, duties and functions as may be prescribed by law or
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,
(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
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
fisheries operations.
(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
(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
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
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
..by the Senate and the House of Representatives on DAR - Department of Agrarian Reform
February 4, 2013.