Food Export Requirements Philippines: Documentation and Certification Guide

Exporting food from the Philippines involves three tracks of compliance: general exporter registration and incentives, product-specific certification, and commodity-specific rules. Under the Export Development Act of 1994, an exporter is any person or entity licensed to do business in the Philippines that earns at least 50% of normal operating revenues from sales abroad in foreign currency. Food exports may also require certification from accredited bodies. For Halal products, certification from an accredited Halal certification body is mandatory before export. For rice, the National Food Authority's licensing role has been removed, and exporters no longer need NFA permits.

Who Qualifies as an Exporter Under Philippine Law

The Export Development Act of 1994 defines an exporter as any person, natural or juridical, licensed to do business in the Philippines, engaged directly or indirectly in the production, manufacture, or trade of products or services, earning at least 50% of normal operating revenues from sales abroad for foreign currency. Services are limited to information technology, construction, and other services defined jointly by the Department of Finance and the Department of Trade and Industry.

This definition matters because exporter status unlocks incentives and determines which government programs apply to a food business.

Registering as an Exporter and Accessing Incentives

The Export Development Council oversees the Philippine Export Development Plan and coordinates policy reforms supporting exporters. Under Section 16 of the Export Development Act, exporters may avail of incentives including:

• Exemption from Presidential Decree No. 1853 for importations used in producing goods for export.
• Zero percent duty on imported machinery and equipment used to manufacture exported products, for a period of three years until 1997.
• Tax credits for imported inputs and raw materials used in producing and packaging export goods not readily available locally, valid for five years.
• Tax credits for increases in export revenue, computed on a tiered basis depending on the percentage increase over the previous year.

These incentives require a Bureau of Export Trade Promotion certification of the exporter's eligibility, in compliance with minimum wage and SSS laws. Imported items must be used exclusively for producing export goods. All tax credits are negotiable under Section 17.

Halal Certification for Food Exports

For food products exported as Halal, the Philippine Halal Export Development and Promotion Act of 2016 governs. Under Section 11, all Philippine products exported as Halal must:

1. Undergo certification from an accredited Halal certification body.
2. Comply with the appropriate Philippine National Standards for Halal or recognized international or foreign standards.
3. Be registered with the national regulatory agency concerned.

The Philippine Accreditation Bureau accredits Halal certification bodies under Section 9. The Philippine Halal Logo may be used only after complying with these conditions and with permission from the relevant regulatory agency.

Halal certification is voluntary for products sold domestically, but mandatory for exports.

Rice Export Rules After Liberalization

Republic Act No. 11203 liberalized the importation, exportation, and trading of rice. Under its implementing rules, the National Food Authority's power to establish rules governing rice exports and to license exporters was repealed effective March 5, 2019.

Rule 3.2 states that all permits, licenses, and registrations ceased to be given by the NFA to importers, traders, warehouse operators, wholesalers, and retailers. Other government agencies, including the Bureau of Customs, Department of Agriculture, and Bureau of Plant Industry, shall cease to include the NFA permit, license, or registration as part of the requirement for trade and importation or exportation of rice.

This means rice exporters no longer need NFA licenses to export, though other general export documentation requirements still apply.

Frequently asked questions

Do I need a license from the NFA to export rice? No. Under the implementing rules of Republic Act No. 11203, NFA permits and licenses ceased to be required for rice exportation starting March 5, 2019.

Is Halal certification required for all food exports? No. Halal certification is required only for products exported as Halal. Under Section 11 of Republic Act No. 10817, products exported as Halal must undergo certification from an accredited Halal certification body.

What incentives can food exporters claim? Under Section 16 of the Export Development Act of 1994, incentives include tax credits for imported inputs, zero duty on certain imported machinery, and tax credits for increased export revenue, subject to BETP certification.

Practical takeaways

• An exporter must earn at least 50% of normal operating revenues from foreign currency sales abroad.
• Halal food exports require certification from an accredited Halal certification body and compliance with Philippine National Standards for Halal.
• Rice exporters no longer need NFA permits or licenses following the liberalization under Republic Act No. 11203.
• Export incentives require Bureau of Export Trade Promotion certification and compliance with minimum wage and SSS laws.
• Tax credits granted under the Export Development Act are negotiable.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• IRR of REPUBLIC ACT NO. 11203 - THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11203, "AN ACT LIBERALIZING THE IMPORTATION, EXPORTATION AND TRADING OF RICE, LIFTING FOR THE PURPOSE THE QUANTITATIVE IMPORT RESTRICTION ON RICE, AND FOR OTHER PURPOSES"

• REPUBLIC ACT NO. 7844 - AN ACT TO DEVELOP EXPORTS AS A KEY TOWARDS THE ACHIEVEMENT OF THE NATIONAL GOALS TOWARDS THE YEAR 2000

• REPUBLIC ACT NO. 10817 - AN ACT INSTITUTING THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION PROGRAM, CREATING FOR THE PURPOSE THE PHILIPPINE HALAL EXPORT DEVELOPMENT AND PROMOTION BOARD, AND FOR OTHER PURPOSES

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.