Basic information
Outline of the system
Persons or entities who shall engage in the business of importing fertilizers must secure a license from the Fertilizer and Pesticide Authority (FPA).
Fertilizer products, organic or inorganic, raw materials and ingredients for fertilizer should also be registered with the FPA prior to importation. Product registration can either be Full or Provisional. Full Product Registration is granted when all administrative and technical requirements are satisfactorily complied with which includes two seasons of efficacy tests with significant results on a representative crop. Provisional Registration, on the other hand, is granted if there is only one season of efficacy test with significant results on a representative crop.
All imported fertilizer products intended for agricultural use are exempted from the payment of a 12% Value Added Tax. Certification for this incentive shall be secured from the FPA.
Product coverage
The following grade, type and classification of fertilizer products and raw materials (based on Philippine Standard) are subject for registration with the FPA:
(a) Inorganic Fertilizers (Traditional, New Grades, Specialty Grades, and Controlled Release);
(b) Biological Fertilizers (Microbial Inoculants, Genetically Modified Organisms, and Decomposers)
(c) Soil Conditioners/Soil Amendments;
(d) Plant Growth Regulators;
(e) Raw Materials;
(f) Bio stimulants;
(g) Fortified Organic.
Please see Products.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic licensing for formulation, Repacking, Distribution, Delivery, Sale, Storage, And Use of Pesticides and Other Agricultural Chemicals.
Products under restriction as to the quantity or value of imports
With increasing market demand, a wide range of products are provided through continued production of new grades, brands and types of locally-produced and imported fertilizers. Licensing of handlers and registration of these commercially processed fertilizers are therefore needed to give greater assurance that the quality of each brand is being maintained at the specified standards.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The requirement applies to goods originating from all countries and the prospective importers decide from what country they wish to import goods.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Pursuant to Presidential Decree No. 1144, the FPA is mandated to rationalize the manufacture and marketing of fertilizer for the purpose of assuring the agricultural sector of adequate supply of fertilizers at reasonable prices. No person shall be allowed to engage in the business of importing, producing, storing, distributing, marketing, and exporting any fertilizer except under a license issued by the FPA.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
The licensing system is under the non-automatic licensing system, where only persons, firms and institutions duly registered as bona fide importers are eligible to apply for licenses.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Fertilizer and Pesticide Authority
Address
FPA Building, Bureau of Animal Industry Compound, Visayas Avenue, Diliman, Quezon City
Telephone
(632)9223368 / (632)4411601
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Fertilizer and Pesticide Authority (FPA)
Documentation requirements
What information is required in applications?
In the licensing of importers, the information required in Application Form No. FPA-FRD-F03 (http://fpa.da.gov.ph/images/FPAfiles/DATA/FertilizerAppsForm/2018/Licens...) are the following: Company Information (Name of Company, Tin No., Business address, Head office address, Regional/provincial office address, and Type of Ownership);Board of Directors and Management (Names and Position); Capitalization; List of Foreign Suppliers Represented in the Philippines; List of Distributors and Dealers; Enumeration of fertilizer materials imported; List of Physical Properties Owned or Rented (Plants, Warehouse or Stores); and Employee Breakdown (Departments and their Number of Personnel).
For product registration, data to be supplied on the Application Form FPA-FRD-F02 (http://fpa.da.gov.ph/images/FPAfiles/DATA/FertilizerAppsForm/2018/Import...) shall include: Information About the Fertilizer Product (Brand Name, Type, Composition, Size/Type of Packaging, Country of Origin, Name of Manufacturer, Supplier, and Trader); Company Information; Target Users/Crops; FPA Accredited Researcher Handling the Experiment/Field Test; and Cost Component and Prices.
The list of requirements for product registration are:
a) For Full Registration of Traditional fertilizers
1. Duly accomplished and notarized Application Form (FPA-FRD-02) with documentary stamp
2. Passed confirmatory analysis
3. Sack/label
4. Certificate of Analysis (COA) from the manufacturer
5. Material Safety Data Sheet (MSDS)
6. Registration and Filing Fee
b) For Full/Provisional Registration of Non-Traditional Fertilizers
1. Duly accomplished and notarized Application Form (FPA-FRD-02) with documentary stamp
2. Passed confirmatory analysis
3. Production Process Flowchart
4. Sack/label
5. Certificate of Analysis (COA) from the Manufacturer
6. Material Safety Data Sheet (MSDS)
7. Photocopy of the approved Experimental Use Permit (EUP)
8. Second Endorsement of bioefficacy data from the FPA Regional or Provincial Officer
9. Two bioefficacy data for the same crop
10. Registration fee and Filing Fee
What documents is the importer required to supply with the application?
Upon application for license, importers are required to submit/accomplish the following:
a) For New Applications
1. Duly accomplished and notarized Application Form (FPA-FRD-F03) with documentary stamp
2. For:
• Corporation/Partnership – copy of Security & Exchange Commission (SEC)registration and Articles of Incorporation
• Cooperative – copy of Cooperative Development Authority (CDA) Registration
• Single proprietorship – copy of certificate of business name registration with Department of Trade & Industry (DTI)
3. Photocopy of Certificate of Capitalization
4. Photocopy of Distributorship Agreement/Certificate from Mother Company
5. Inspection Report by the FPA officers
6. Recommendation from the FPA Regional/Provincial Officer on the area of coverage
7. Warehouse Risk Appraisal Report
8. Registration of Fertilizer Warehouse
9. Fees: license fee and filing fee based on paid up capital
b) For renewal of license
1. Duly accomplished and notarized Application Form (FPA-FRD-F03) with documentary stamp
2. Photocopy of Financial Statement
3. Inspection Report by the FPA officers
4. Recommendation from the FPA Regional/Provincial Officer on the area of coverage
5. Warehouse Risk Appraisal Report
6. Registration of Fertilizer Warehouse
7. Fees: license fee based on paid up capital plus retained earnings
For VAT Exemption, Application Form FPA-FRD-F06 (http://fpa.da.gov.ph/images/FPAfiles/DATA/FertilizerAppsForm/2018/VAT-Ex...) requires the following: Applicant Information (Business name and address), Importation Details, and Product Details. The supplementary documents for submission are:
1. Duly accomplished and notarized Application Form with documentary stamp
2. Bill of Lading
3. Commercial Invoice
4. Packing List
5. Photocopy of Certificate of Product Registration (CPR)
6. Laboratory Analysis from Third Party Laboratory
7. PNP Permit (for Nitrates only)
8. Disposition report (for Nitrates only)
9. Filing Fee – Php 600.00
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications may be filed on any working day of the year.
Issuing the license
Can a licence be granted immediately on request?
Depending on the urgency of the request, licenses could be granted immediately.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Application form for registration should be duly accomplished and submitted in duplicate copies. It shall be screened for completeness and if it is incomplete, it will be returned to the applicant. Filing fee shall be collected when all the registration documents are submitted. The application forms shall be logged in into the registration tracking system and will be forwarded to the Technical Consultants.
Reviewers/technical consultants are expected to complete the review of the data within 2-4 weeks. Irrespective of the results of the review, the FPA will notify the applicant, in writing, of the status of review and registration. Applicants should comply as soon as possible.
Which administrative body is responsible for approving application of licences?
Licensing applications are filed to the Fertilizer Regulatory Division (FRD) of Fertilizer and Pesticide Authority, FPA Building, BAI Compound, Visayas Avenue, Diliman, Quezon City, Philippines.
Must the applications be passed on to other organs for visa, note or approval?
These can be filed also at the FPA Regional Office where the applicant’s address is located.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Below is the list of licensing fees or administrative charges imposed on fertilizer importers:
|
Licence Fee |
|
Filing Fee based on per activity (New Applicant) |
|||
|
Over P5M capitalization |
1st activity |
P8,400 |
Manufacturer, Processor, Formulator, Repacker, Institutional User, Bulk Handler, Bulk Blender, Rebagger |
P3,600 |
|
|
Succeeding Activity |
P4,800 |
||||
|
Over P1M to P5M capitalization |
1st activity |
P5,400 |
|||
|
Succeeding Activity |
P3,600 |
||||
|
Over P500T to P1M capitalization |
1st activity |
P3,600 |
Importer, Distributor, Exporter, Indentor, Importer-End-User |
P1,800 |
|
|
Succeeding Activity |
P1,800 |
||||
|
P500T and below capitalization |
1st activity |
P1,800 |
|||
|
Succeeding Activity |
P8,50 |
||||
What is the amount of the fee or charge?
Full registration of imported products would entail the following fees:
|
Type of Product |
Amount (Php) |
|
New |
|
|
Filing fee |
600 |
|
Registration fee |
|
|
Inorganic fertilizer |
6,000 |
|
Soil conditioner |
4,200 |
|
Raw material |
4,200 |
|
Plant Growth Promoter |
4,200 |
|
Speciality fertilizer |
4,200 |
On the other hand, provisional product registration would cost:
|
Type of Product |
Amount (Php) |
|
New |
|
|
Filing fee |
600 |
|
Registration fee |
|
|
Inorganic fertilizer |
1,800 |
|
Soil conditioner |
1,800 |
|
Plant Growth Promoter |
1,800 |
|
Speciality fertilizer |
1,800 |
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licenses.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Are the reasons for any refusal given to applicants?
In the event of denial or disapproval by the pertinent administrative body of an application for import license, the applicant is informed of the reason for such disapproval
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of denial or disapproval by the pertinent administrative body of an application for import license, the applicant is given the right to make a written appeal for reconsideration of the decision.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
In line with the liberalization policy, importation of fertilizer shall no longer require FPA clearance prior to the opening of letter of credit (L/C). Please take note, however, that the product/s to be imported must be registered with the FPA and the company must have an FPA license to import.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
For fertilizer importers, approved license shall be valid for one year. Renewal for such shall be filed three months before its expiry date. Application for renewal filed within one month after its expiry date shall be subject to a 50% surcharge while those filed after the said period shall be subject to a 100% surcharge.
Full Registration of a product shall be effective for three years from date of issuance. Application for renewal of registration should be filed within three months before its expiry date. Application for renewal after its expiry date and renewal of inactive full registration maybe allowed only in cases of force majeure or fortuitous event which shall be indicated in a notarized petition of the applicant and subject to evaluation by the FPA. If ever the petition is granted, the same is provided hereunder.
Provisional Registration of a product shall expire one year from date of issuance. Renewal of the same status for a maximum of two renewals may be allowed only to comply with the requirements to convert to full registration. Any application for renewal of registration shall be subject to a 50% surcharge, if it is filed within one month after the expiry date and to a 100% surcharge if filed beyond one month after expiry date.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a license subject to quota or a portion of it.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are made in the name of the applicant-importer only and are non-transferable.
For products, the Third Party Authorization (TPA) is accepted provided that the product being applied is fully registered and the following requirements are satisfactorily complied with:
(a) Application form duly accomplished and notarized
(b) Duly notarized TPA letter
(c) Copy of the Certificate of Product Registration (CPR) of the primary registrant
(d) Proposed label
The TPA is an agreement or contract between two companies, the original registrant and the party who received a TPA. The validity of the TPA depend on the expiry date of the CPR of the primary registrant. It is non-transferable and limited to ten (10) TPAs only and can be issued by the primary registrant only. The receiving third party cannot issue the same to another company.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.