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RA 10601 For Print

This document outlines the Agricultural and Fisheries Mechanization (AFMech) Law, which aims to promote the development and adoption of modern agricultural and fisheries machinery to enhance productivity and income. Some key points: - It establishes a National Agri-fishery Mechanization Program coordinated by the Department of Agriculture to develop machinery standards, testing centers, and promote adoption. - The program will support local manufacturing of machinery through research grants, credit, and regulation. It will also develop quality and safety standards. - The law applies to research, development, promotion, use and regulation of agricultural and fisheries machinery and equipment. It aims to modernize the agriculture and fisheries sectors.
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0% found this document useful (0 votes)
371 views12 pages

RA 10601 For Print

This document outlines the Agricultural and Fisheries Mechanization (AFMech) Law, which aims to promote the development and adoption of modern agricultural and fisheries machinery to enhance productivity and income. Some key points: - It establishes a National Agri-fishery Mechanization Program coordinated by the Department of Agriculture to develop machinery standards, testing centers, and promote adoption. - The program will support local manufacturing of machinery through research grants, credit, and regulation. It will also develop quality and safety standards. - The law applies to research, development, promotion, use and regulation of agricultural and fisheries machinery and equipment. It aims to modernize the agriculture and fisheries sectors.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic Act № 10601

“Agricultural and Fisheries Mechanization (AFMech) Law”

Republic of the Philippines


CONGRESS OF THE PHILIPPINES (d) Strengthen support services such as credit faculties, research,
Metro Manila training and extension programs, rural infrastructures, postharvest
Fifteenth Congress facilities and marketing services;

(e) Unify, rationalize and strengthen the implementation, coordination


ARTICLE I of activities and mechanisms on agricultural and fisheries
DECLARATION OF POLICY, DEFINITION OF mechanization programs and projects; and
TERMS
AND COVERAGE (f) Deliver integrated support services to farmers, fisherfolk and other
stakeholders, and assist them to be able to viably operate and manage
their agricultural and fisheries mechanization projects.
Section 2. Declaration of Policy. – It shall be the policy of the State to:
Section 3. Definition of Terms. – The following terms are defined, as
(a) Promote the development and adoption of modern, appropriate and
follows:
cost-effective and environmentally-safe agricultural and fisheries
machinery and equipment to enhance farm productivity and efficiency
(a) Agricultural and fisheries machinery refers to machinery and
in order to achieve food security and safety and increase farmers’
equipment for the production, harvesting, processing, storage,
income;
manufacture, preserving, transporting and distribution of agricultural
and fisheries products. It includes, but is not limited to, tractors and
(b) Provide a conducive environment to the local assembling and
their attachments, power tillers, seeders, transplanters, windmills,
manufacturing of engines, machinery and equipment for agricultural
harvesting machines, crop protection and maintenance equipment,
and fisheries production, processing and marketing;
irrigation equipment and accessories, greenhouses and other thermal
conditioning equipment, livestock equipment, fishery equipment,
(c) Ensure the quality and safety of machineries and equipment locally
slaughtering equipment, meat/fishery and crop processing equipment,
manufactured or imported by strengthening regulation through the
postharvest machines such as milling machines, dryers, threshers,
development and enforcement of machinery and machine performance
grain and other strippers, agricultural transport machinery and storage
standards, regular testing and evaluation, registration, and the
facilities including cold storage, reefer vans, slaughter houses and
accreditation and classification of suppliers, assemblers and
fishing boats of three (3) gross tons or less. New agricultural and
manufacturers to ensure compliance to prescribed quality standards;
1
fishery machinery includes newly imported as well as one that has not Section 5. The National Agri-fishery Mechanization Program. – There
been used since its date of manufacture; shall be formulated a National Agri-fishery Mechanization Program by
the Department of Agriculture (DA) with the following objectives:
(b) Agricultural and fisheries mechanization refers to the development,
adoption, assembly, manufacture and application of appropriate, (a) Promote and support through the provision of research grants,
location specific and cost-effective agricultural and fisheries credit, transparent and predictable regulation, the local development
machinery using human, animal, mechanical, electrical, renewable and and manufacture of agricultural and fisheries machinery by the private
other nonconventional sources of energy for agricultural production sector;
and postharvest/postproduction operations consistent with agronomic
conditions and for efficient and economic farm and fishery (b) Unify, lead and support the efforts of various institutions in the
management towards modernization of agriculture and fisheries; research, design and development of agricultural and fisheries
machinery;
(c) Agro-industrial processing refers to the local activity or series of
activities to maintain or raise the quality or change the form or (c) Establish quality, safety and performance standards for agricultural
characteristics of agricultural, fisheries and forestry products. It also and fisheries machinery;
includes, but not limited to, cleaning, sorting, grading, mixing, milling,
canning, dressing, slaughtering, freezing, pasteurizing, conditioning, (d) Support the establishment of quality, safety and performance
packaging, repacking and transporting of said products; and testing centers for the certification of agricultural and fisheries
machinery in strategic localities in the country;
(d) Fishing boat refers to any boat, ship or other watercraft of three (3)
gross tons or less, equipped to be used for taking of fishery species or (e) Establish guidelines for the registration of ownership of
aiding or assisting one (1) or more vessels in the performance of any agricultural and fisheries machinery; and
activity relating to fishing including, but not limited to, preservation,
supply, storage, refrigeration, transportation and/or processing. (f) Promote the adoption of certified agricultural and fisheries
machinery for improving agriculture and fishery productivity.
Section 4. Scope and Application. – The provision of this Act shall
apply to the research, development and extension, promotion, Section 6. Program Implementation. – The overall implementation of
distribution, supply, assembling, manufacturing, regulation, use, the National Agri-fishery Mechanization Program shall be coordinated
operation, maintenance and project implementation of agricultural and by the DA through the Undersecretary duly designated by the
fisheries machinery and equipment. Secretary who shall:

(a) Conduct the formulation and review of the five-year National Agri-
ARTICLE II fishery Mechanization Program for the DA;
THE NATIONAL AGRI-FISHERY
MECHANIZATION PROGRAM (b) Provide leadership in the formulation of guidelines for the
registration of ownership of agricultural and fisheries machinery;

2
(c) Ensure the formulation of quality, safety and performance The National Agricultural and Fisheries Mechanization RDE Agenda
standards for agricultural and fisheries machinery; shall include, but not be limited, to the following:

(d) Ensure the formulation of accreditation guidelines for testing (a) Development, pilot-testing and commercialization of appropriate,
centers for agricultural and fisheries machinery; location-specific and cost-effective agricultural and fisheries
machinery and equipment in support to contiguous farming and
(e) Formulate and enforce guidelines for the credit program to include, machinery pooling;
but not limited to, access, disbursement and repayment;
(b) Design and testing of new machineries and equipment for
(f) Oversee the implementation of the National Agri-fishery agriculture and fisheries;
Mechanization Program by the various units of the Department; and
(c) Local manufacture and assembly of agricultural engines and
(g) Coordinate with other government agencies and local government equipment;
units (LGUs) in the implementation of measures provided for in this
Act. (d) Development and utilization of renewable and nonconventional
energy resources such as wind, biomass, hydro, solar and biofuels for
agricultural and fisheries equipment and machineries;
ARTICLE III
RESEARCH, EXTENSION AND HUMAN (e) Development of efficient production and postproduction
RESOURCE mechanization systems;
DEVELOPMENT
(f) Continuous development of technical standards and testing
procedures for quality agricultural machinery and components;
Section 7. Unified National Research and Development (R&D) and
Extension Agenda. – A unified National Agricultural and Fisheries
(g) Training of farmers, fisherfolk, manufacturers, extension workers,
Mechanization Research and Development and Extension (RDE)
agricultural engineers, technicians and operators engaged in the
Agenda shall be formulated and implemented by the DA: Provided,
agricultural and fisheries mechanization;
That the DA, through the Philippine Center for Postharvest
Development and Mechanization (PHilMech) as focal agency, shall
(h) Promotion of technologies through agricultural and industrial
integrate and unify all agricultural and fisheries mechanization RDE
extension activities and techno-demo centers;
programs and projects of all concerned national government agencies,
Local Government Units (LGUs), state universities and colleges
(i) Development of prototype and fabrication of agricultural machinery
(SUCs), which shall be geared towards development of machineries
and equipment; and
and equipment, job generation, address market and industry demands
and help accelerate agricultural and fisheries modernization in the
(j) Development and conduct of commercialization strategies
countryside.
involving all sectors representing the demand and supply sides of
agricultural and fisheries mechanization technologies.
3
(c) Repair and troubleshooting services of agricultural and fishery
Section 8. Agri-fisheries Mechanization RDE Network. – An machinery and equipment; and
Agricultural and Fisheries Mechanization RDE Network is hereby
organized and composed of research and educational institutions, (d) Training of maintenance and proper use of agricultural machineries
LGUs, nongovernment organizations and the recognized and well- and equipment.
established associations of agricultural and fisheries machinery
assemblers, manufacturers and distributors, agricultural engineers, The ownership and operation of Agri-fisheries Machinery and
farmers and fisherfolk. The Agricultural and Fisheries Mechanization Equipment Service Centers shall not be the exclusive domain of
RDE Network shall be responsible for the formulation and equipment and machineries suppliers. These may be owned and
implementation of the National Agricultural and Fisheries operated by registered cooperatives or by businesses registered with
Mechanization RDE Agenda. The PHilMech shall be responsible for the Securities and Exchange Commission (SEC) or with the
organizing the Network and shall serve as secretariat to the Network. Department of Trade and Industry (DTI).
The Network shall be chaired by the Director of the PHilMech.
Section 10. Agri-fisheries Mechanization and Engineering Resource
Moreover, the Agricultural Mechanization Development Program of Network. – The existing agricultural machinery information and
the University of the Philippines, Los Baños (UPLB), which is part of database of the PHilMech shall be strengthened into an agri-fishery
the Network, shall be strengthened and institutionalized to lead and mechanization and engineering resource network. It will also be used
coordinate the agricultural and fishery mechanization RDE program of or tapped as a facility for the online registration of agri-fisheries
all academic institutions in the country. machinery and equipment, and monitoring of agri-fisheries
mechanization and infrastructure projects. This network shall be linked
Section 9. Agri-fisheries Machinery and Equipment Service Centers. – to other existing information and database networks of the DA, the
The DA and the LGUs shall encourage and support the private sector Agricultural Machinery Information Network of the Department of
and other rural entrepreneurs to establish and operate agricultural and Science and Technology (DOST), the Agricultural Mechanization
fishery machinery and equipment service centers in the Strategic Development Program of the UPLB and of other government agencies.
Agricultural and Fishery Development Zones (SAFDZs)) and Agrarian
Reform Communities. Section 11. Research Grants. – To enhance research and technological
development on agricultural and fisheries mechanization, the
The Agri-fisheries Machinery and Equipment Service Center’s shall be government through the Bureau of Agricultural Research (BAR) of the
operated as business enterprises that will provide the following DA, the DOST and the Commission on Higher Education (CHED)
services: shall provide competitive research grants to members of the Network
to undertake needs-oriented research as well as institutional
(a) After-sales service and warranty to their respective clients; development and upgrading of laboratory facilities and equipment.

(b) Custom plowing, harrowing, harvesting, drying, milling and other Section 12. Training and Scholarship Program. – The DA, in
farm mechanization services; partnership with SUCs and the private sector, shall train the
agricultural extension workers and agricultural engineers of the LGUs

4
who in turn shall train the farmers and fisherfolk on agricultural and Section 15. Local Assembling and Manufacturing. – Production of
fisheries mechanization technologies and practices. locally-made engines and other machinery for agricultural and
fisheries purposes shall be promoted and encouraged by the DA in
The Department of Labor and Employment (DOLE) and the Technical partnership with the private sector, and through joint venture
Education and Skills Development Authority (TESDA) shall be agreements. For this purpose, the DA in partnership with the
responsible in the training of agricultural and fisheries machinery recognized national organization of agricultural machinery assemblers,
technicians and operators. manufacturers and distributors, agricultural engineers and the DOST
shall undertake the feasibility study and R&D for the local assembly
Furthermore, scholarships for graduate and undergraduate degrees on and manufacture of agricultural engines/prime mover, and other
agricultural engineering and trade/vocational courses on agricultural agricultural machinery and equipment.
and fisheries mechanization shall be given priority by the DA, the
CHED and the DOST. Section 16. Incentives for Local Manufacturers and Assemblers of
Agri-fisheries Machinery. – Ventures in local manufacture, fabrication
Section 13. Manpower Complement. – All agricultural and fisheries and assembly of agri-fisheries machinery and equipment shall be
machinery pools and service centers, including sales and distribution eligible for loans under the Agricultural Competitiveness
outlets and manufacturing establishments, either public or private, Enhancement Fund (ACEF) under the program of the DA. These
shall have the required manpower complement of licensed agricultural businesses shall be granted incentives as long as they are considered as
engineers and certified technicians and operators, in accordance with registered enterprises engaged in a preferred area of investment
the guidelines and standards to be promulgated by the Board of pursuant to Article 39 of Executive Order No. 226. as amended.
Agricultural Engineering (BoAE) of the Professional Regulation
Commission (PRC) and the DOLE to ensure efficient operation and Section 17. After-Sales Service. – All agricultural and fisheries
maintenance and good management practices. The DA shall ensure machinery assemblers, manufacturers, importers, suppliers,
compliance to this manpower complement requirement. distributors and dealers are required to provide after-sales service and
warranty to then respective clients which shall be monitored by the
Section 14. Skills Certification of Agricultural Machinery Technicians agriculture offices of the LGUs and the Bureau of Agricultural and
and Operators. – The TESDA, in collaboration with the DA, the BoAE Fisheries Engineering (BAFE), created under Section 24 of this Act.
and the national associations of agricultural engineers and agricultural
machinery assemblers, manufacturers and distributors, shall undertake
skills certification and accreditation systems for agricultural and ARTICLE V
fishery machinery operators and technicians. TESTING AND EVALUATION, REGISTRATION,
STANDARDIZATION AND ACCREDITATION

ARTICLE IV
LOCAL ASSEMBLY, MANUFACTURE, SUPPLY Section 18. Testing and Evaluation. – Agricultural and fisheries
AND AFTER-SALES SERVICE machinery and equipment to be sold in the market shall pass through
testing and evaluation by the Agricultural Machinery Testing and
Evaluation Center (AMTEC) in accordance with the national policies
5
and guidelines to be promulgated by the Secretary. Specifically, before this Act, the registrants must submit to the BAFE the list of
it can be assembled, manufactured and commercially sold in the equipment/machineries manufactured/fabricated/assembled/ imported.
market, the model of the machine and any modification thereof should
be tested by the AMTEC and should pass the prescribed quality and Section 21. Standards Development and Enforcement. – The DA,
performance standards. The regular testing and evaluation of through the Bureau of Agriculture and Fisheries Product Standards
machinery sold shall be undertaken by the AMTEC on new models (BAFPS), in coordination with the DTI, the DOST, the BoAE and the
and design. Field tests shall likewise be undertaken by the AMTEC to AMTEC, and in consultation with the accredited associations of
ensure consistent quality of test units as well as on the commercial farmers and fisherfolk, agricultural machinery assemblers,
units. The BAFE shall maintain a certification registry of equipment manufacturers and distributors and agricultural engineers shall develop
and machinery as well as a registry of those denied certification. standards specifications and test procedures of agricultural and fishery
machinery and equipment. These standards should be in conformity
Section 19. Registration of Ownership of Agricultural and Fishery with the International Standards Organization (ISO) and shall be part
Machinery and Equipment. – All owners of agricultural and fishery of the existing Philippine Agricultural Engineering Standards (PAES).
machinery and equipment must register these with the agriculture
offices of municipal and city government units. The agriculture offices Thereafter, the DA and the LGUs, in collaboration with the BoAE,
of the LGUs shall establish and maintain a registry of agricultural and shall enforce the above standards on the manufacture, sale and
fishery machinery at the municipal, city and provincial levels. The DA distribution of agricultural and fisheries machinery and equipment, and
Regional Agricultural Engineering Division shall maintain a registry its accreditation system for agricultural and fisheries facilities and
of agricultural and fishery machinery at the regional office whereas the establishments.
BAFE shall maintain a national database of all registered agricultural
and fishery machinery. Each office shall ensure that these registries The Secretary shall deputize the agriculture offices of the LGUs to
and databases are available through the internet. The Secretary shall monitor the implementation of regulation concerning certification,
promulgate national guidelines and procedures for the registration of registration of manufacturers, assemblers, dealers or importers and
agricultural and fisheries machinery by the LGUs, including the accreditation of agricultural and fishery machinery and equipment
collection of registration fees in accordance with the Local testing centers.
Government Code.
The Department of Public Works and Highways (DPWH) and the
Section 20. Registration of Manufacturers, Fabricators, Assemblers local building officials, consistent with the provisions of Republic Act
and Importers. – Within six (6) months upon the enactment of this Act, No. 8559, otherwise known as the "Philippine Agricultural
all manufacturers, fabricators, assemblers and importers must register Engineering Act of 1998″, and in coordination with the agriculture
with the BAFE. offices of the LGUs shall enforce the PAES as part of the
implementation of the National Building Code of the Philippines
Three (3) years upon the enactment of this Act, registrants must particularly in the design, construction, operation and maintenance of
provide certification by an accredited certifying body of all products agricultural and fisheries buildings and structures.
that they have in the market or intend to market and withdraw all
products that have no certification. One (1) year after the enactment of Section 22. Classification and Accreditation of Assemblers,
Manufacturers, Importers, Suppliers, Distributors and Dealers. –
6
Agricultural and fisheries machinery assemblers, manufacturers, Section 24. Strengthening the DA Agricultural and Fishery
importers and suppliers, distributors and dealers shall be classified into Engineering Groups. – Pursuant to Section 46 of Republic Act No.
small, medium and large, and shall be encouraged to have their 8435, otherwise known as the "Agriculture and Fisheries
manufacturing/service facility build-up: Provided, That agricultural Modernization Act of 1997″, a Bureau of Agricultural and Fisheries
and fisheries machinery assemblers, manufacturers, importers, Engineering (BAFE) is hereby created as a regular bureau of the DA
suppliers, distributors and dealers shall be classified and accredited which shall be under the supervision of the DA Undersecretary and
based on their organizational strengths and track record, area of shall have the following functions and responsibilities:
operation, marketing and distribution network, after-sales service and
manufacturing capabilities. (a) Coordinate, oversee and monitor the national planning and
implementation of agri-fisheries engineering, farm-to-market road and
For this purpose, the DA shall encourage and assist in the organization other agri-fisheries infrastructure projects;
of a private-led classification and accreditation system for agricultural
machinery assemblers, manufacturers, importers, suppliers, (b) Assist in the national planning, coordination and implementation of
distributors and dealers. the national agri-fisheries mechanization programs;

(e) Prepare, evaluate, validate and recommend engineering plans,


ARTICLE VI designs and technical specifications on agri-fisheries mechanization
INSTITUTIONS and infrastructure projects;

(d) Oversee and provide technical assistance to the operations of the


Section 23. Agricultural and Fisheries Mechanization Committee. –
agricultural engineering divisions of the DA regional field units;
The Agricultural and Fisheries Mechanization Committee (AFMeC)
under the National Agricultural and Fishery Council (NAFC) shall act
(e) Coordinate and integrate all agricultural and fisheries engineering
as an advisory body to ensure the success of the programs and
activities of the DA bureaus, attached agencies and corporations;
activities of the DA concerning agricultural and fisheries
mechanization. It shall also serve as the consultative and feedback
(f) Coordinate and monitor the enforcement of standards and other
mechanism from the lowest possible level to the top decision makers
regulatory policies on agricultural and fishery engineering;
and to assist in defining and formulating the goals and scope of the
country’s agricultural and fisheries mechanization and infrastructure
(g) Implement accreditation and registration scheme for agriculture
policies, plans and programs. The agricultural and fisheries
and fishery machinery, tools and equipment, in coordination with
mechanization committees under the regional, provincial, city,
technology generators:
municipal and barangay agricultural and fishery councils shall
integrate, coordinate, unify and monitor the field implementation of
(h) Issue permits to operate to agriculture and fishery tools and
the agri-fisheries mechanization and infrastructure projects of various
equipment manufacturers, fabricators, assemblers and importers; and
national government agencies, LGUs, banking and financial
institutions and the private sector.
(i) Promulgate and implement accreditation guidelines for testing
centers.
7
fisheries machinery regulations. It may call upon experts, professional
The BAFE shall be headed by a Bureau Director and Assistant Bureau groups and other government agencies to assist in the performance of
Director, all appointed by the President. its functions.

The BAFE shall have the following divisions: (1) Engineering Plans, Section 27. Agricultural Machinery Testing and Evaluation Centers
Designs and Specifications; (2) Programs and Projects Management; (AMTEC). – The AMTEC of the College of Engineering and Agro-
(3) Standards Regulation and Enforcement; and (4) Administration and Industrial Technology (CEAT) of the UPLB is hereby
Finance. institutionalized. The AMTEC is hereby designated as the premier and
reference testing center in the country, and for purposes of functional
Modifications shall be made in the organizational structure and coordination and integration, shall closely coordinate its activities with
staffing pattern of the regional field units of the DA for the creation of the BAFS and BAFE. As the premier testing center, it shall assist the
Agricultural Engineering Division to strengthen the provision of BAFS in the formulation of quality, safety and performance standards
agricultural engineering services necessary to carry out the field of agricultural and fisheries machinery and of accreditation guidelines
implementation of the agricultural and fishery engineering, for testing centers. It shall also provide technical assistance in the
mechanization and infrastructure programs and projects of the DA. establishment of testing centers in other parts of the country.

All concerned bureaus and attached agencies of the DA implementing


agri-fishery mechanization and infrastructure projects shall review and ARTICLE VII
modify their organizational structure and staffing pattern with the end- RESPONSIBILITIES OF THE LOCAL
view of strengthening the provision of agricultural engineering GOVERNMENT UNITS
services as part of the overall network of the BAFE.
Section 28. Implementation by the LGUs. – The LGUs, pursuant to the
Section 25. Philippine Center for Postharvest Development and
provisions of Republic Act No. 7160, otherwise known as the "Local
Mechanization (PHILMech). – The PHilMech shall coordinate, plan
Government Code of 1991″, shall undertake applied research,
and execute agricultural and fishery mechanization and postharvest
extension, dispersal, management and regulation of agricultural and
RDE programs and projects of the DA.
fisheries machinery and equipment, including the collection of fees.
Section 26. Bureau of Agriculture and Fisheries Product Standards. –
Section 29. Strengthening the Agricultural Engineering Groups of the
The BAFPS, in addition to its functions under Sections 62 and 63 of
LGUs. – The agricultural engineering division/section of the
Republic Act No. 8435, shall develop standards for agriculture and
agriculture offices of the LGUs organized under Executive Order No.
fishery machinery, tools and equipment in coordination with
86, Series of 1999 and Section 46 of Republic Act No. 8435 shall
accredited testing centers, and other concerned government and private
serve as the planning, coordinating, regulating and implementing
entities.
bodies at the provincial, city and municipal levels on agricultural and
fisheries engineering, mechanization and infrastructure programs and
The BAFPS is hereby renamed into Bureau of Agriculture and
projects and shall have the following functions and responsibilities:
Fisheries Standards (BAFS) and authorized to create a new section
under the current Standards Development Division on agricultural and
8
(a) Provide agricultural engineering services which include (g) Undertake and/or coordinate the pilot testing and
engineering survey, preparation and evaluation of plans, designs, commercialization of matured agricultural and fisheries engineering
technical specifications, feasibility studies and cost estimates/program technologies; and
of work of irrigation, small water impounding, soil conservation and
management, farm machinery, slaughterhouses, poultry dressing (h) Exercise such other powers and perform such other duties and
plants, postharvest facilities, auction markets, farm-to-market roads functions as may be prescribed by law or ordinance.
and other agricultural and fisheries infrastructure projects of the
LGUs; To effectively carry out the above functions and responsibilities, the
agricultural engineering division of the provincial and city agriculture
(b) Administer, supervise and coordinate the construction, operation, offices, and agricultural engineering section in the municipal
maintenance, improvement and management of irrigation, small water agriculture offices are hereby strengthened and institutionalized into
impounding, soil and water conservation structures and facilities, farm the organizational structure of the LGUs, and if not yet existing, shall
machinery, postharvest facilities, auction markets, farm-to-market be created in the particular LGUs. The LGUs belonging to the first up
roads and other agricultural and fisheries infrastructure projects of the to the third income classes which are providing or implementing
LGUs; agricultural and fisheries infrastructure, mechanization and
engineering projects shall hire at least one (1) agricultural engineer at
(c) Undertake the registration of agri-fishery machinery and facilities, the provincial, city and municipal levels.
enforcement of the PAES and other agricultural and fishery
engineering regulatory activities in coordination and collaboration In the case of provincial, city and municipal LGUs belonging to the
with the concerned national government agencies; fourth up to the sixth income classes which are not capable of
establishing then agricultural engineering division/section due to
(d) Coordinate with the concerned national government agencies with financial constraints, the DA through its regional agricultural
regard to the implementation of national government programs and engineering divisions shall augment and perform such responsibilities
projects on irrigation, farm mechanization, postharvest facilities, farm- and, as deemed necessary, establish its provincial, city and municipal
to-market roads and agricultural and fisheries infrastructure; operation units, and shall be allocated and provided with necessary
funding and manpower requirements for their operation.
(e) Be in the frontline of the delivery of basic agricultural engineering
services;
ARTICLE VIII
(f) Provide training and extension activities to farmers and fisherfolk PROHIBITED ACTS, PENALTIES AND
particularly in the installation, operation and maintenance of their SANCTIONS
irrigation, postharvest facilities, agricultural and fishery machinery
projects in coordination with the agriculture and fisheries extension
Section 30. Prohibited Acts. – It is unlawful for any person to:
workers;
(a) Sell, mortgage or lease agricultural and fishery machinery without
being registered with the BAFE;
9
(c) Closure proceedings against testing centers that has not been duly
(b) Sell new agricultural and fishery machinery without warranty or accredited.
after-sales service;
Any business that sells new agricultural and fishery machinery which
(c) Claim ownership to an agricultural and fishery machinery that has was not duly certified, without a serial number, without warranty, or
not been properly registered in his/her name; and without after-sales service shall be given one (1) month to refund or
replace the sold machinery duly corrected for any deficiency as
(d) Operate a testing center without proper accreditation. indicated. Failure to do so shall result to corresponding legal action
against the offending party.
Section 31. Penalties. – Any person who shall violate any provision of
this Act shall, upon conviction, be subject to a fine of not less than
One thousand pesos (P1,000.00) but not more than Ten thousand pesos ARTICLE IX
(P10,000.00) or imprisonment of not less than two (2) months but not MISCELLANEOUS PROVISIONS
more than one (1) year, or both, upon the discretion of the court and/or
other applicable penalties imposed under Republic Act No. 7394,
Section 33. Agricultural and Fisheries Mechanization Programs at the
otherwise known as the "Consumer Act of the Philippines". The
Local Levels. – The LGUs, through an ordinance, shall also formulate
purchase of noncertified or substandard agricultural and fishery
in consultation with the DA and implement their respective provincial,
machinery for the government shall be dealt with under Republic Act
city and municipal agricultural and fishery mechanization plans as a
No. 3019, as amended, otherwise known as the "Anti-Graft and
vital component of their respective local development plans.
Corrupt Practices Act."
Section 34. Contiguous Farming. – The DA, together with the
Section 32. Sanctions. – This provision shall take effect four (4) years
Department of Agrarian Reform (DAR), shall carry out contiguous
upon the enactment of this Act when all regulatory provisions have
farming projects in order to effect suitable field shapes and sizes
already been in place. The Secretary or his duly authorized
conducive to efficient operation of agricultural machinery and
representative has the power to file before the proper court or
equipment and likewise to ensure economies of scale. The contiguous
regulatory agency the:
farming projects shall:
(a) Forfeiture proceedings for agricultural and fishery machinery that
(a) Promote farm land clustering with a minimum of fifty (50)-hectare
is not duly certified, without serial number and without warranty, and
cluster for synchronized farming operations, from land preparation to
is substandard;
harvesting, in cooperation or contract with agricultural mechanized
operation service providers;
(b) Closure proceedings against business entities not duly registered as
manufacturers, assemblers, dealers or importers of agricultural and
(b) Undertake farm development planning; and
fishery machinery, or sells new agricultural and fishery machinery not
duly certified, without a serial number, or without warranty, without
(c) Promote the strengthening of farmers’ cooperatives and
after-sales service and substandard; and
associations.
10
All LGUs shall include in their investment plans, as part of the priority
Section 35. Use of Renewable Energy. – The use of renewable and appropriations for local development fund, the funding support for the
nonconventional energy such as wind, solar, hydro, biomass and other implementation of their respective provincial, city, municipal and
farm-based energy sources shall be promoted as power sources for the barangay agricultural and fisheries mechanization programs in
operation and maintenance of agricultural and fisheries machinery. accordance with Republic Act No. 7160 and its implementing rules
The DA, in coordination with the Department of Energy (DOE), the and regulations and the Department of the Interior and Local
DOST and SUCs, and the private sector shall undertake research and Government-Department of Budget and Management (DILG-DBM)
extension activities to enhance the use of renewable and Joint Memorandum Circular No. 1, Series of 2005.
nonconventional energy in agricultural and fisheries operations.
The CHED shall allocate funds from the Higher Education
Section 36. Infrastructure Support. – The government shall provide Development Fund necessary for the upgrading of agri-fisheries
priority investment for the infrastructure needs in clustered farm land mechanization and engineering laboratory facilities of concerned
identified as key agricultural and fishery production areas to accelerate SUCs, faculty training program and scholarships.1âwphi1
agricultural and fisheries mechanization in the countryside and this
includes irrigation, farm-to-market roads, postharvest, power and The TESDA shall likewise allocate funds from its annual
communications facilities. appropriations necessary for the skills certification and training
program for agri-fishery machinery technicians and operators.
Section 37. Implementing Rules and Regulations. – The DA, within
six (6) months upon the enactment of this Act and in consultation with Section 39. Congressional Oversight Committee. – The Congressional
the stakeholders and other government agencies, shall promulgate the Oversight Committee on Agricultural and Fisheries Modernization
necessary rules and regulations to implement this Act. (COCAFM) shall be the congressional oversight committee for
purposes of this Act.
Section 38. Funding. – The Secretary of Agriculture shall include in
the DA’s program the implementation of this Act, the funding of Section 40. Separability Clause. – The provisions of this Act are
which shall be included in the annual General Appropriations Act. hereby declared separable and if any clause, sentence, provision or
section hereof should be declared invalid, such invalidity shall not
The DA shall likewise set aside funds from the Agricultural affect the other provisions of this Act which can be given force and
Competitiveness Enhancement Fund (ACEF) for grants to upgrade the effect without the provisions which have been declared invalid.
AMTEC and to establish one (1) testing center in Visayas and one (1)
testing center in Mindanao. Section 41. Repealing Clause. – All laws, decrees, executive and other
administrative issuances and parts thereof which are inconsistent with
The BAR shall allocate funds annually from its regular R&D funds to the provisions of this Act are hereby repealed or modified accordingly.
support research programs, processing of patent applications, and
testing and certification of locally designed agri-fisheries equipment Section 42. Effectivity Clause. – This Act shall take effect after fifteen
and machineries. (15) days from its publication in the Official Gazette or m two (2)
newspapers of general circulation.

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Approved,
(Sgd.)
JUAN PONCE ENRILE
President of the Senate
(Sgd.)
FELICIANO BELMONTE JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 3338 and House
Bill No. 6548 was finally passed by the Senate and the House of
Representatives on February 4, 2013.

(Sgd.)
EDWIN B. BELLEN
Acting Senate Secretary

(Sgd.)
MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: JUN 05 2013

(Sgd.)
BENIGNO S. AQUINO III
President of the Philippines

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