RULES AND REGULATIONS TO GOVERN THE ACCREDITATION OF AGRI-TOURISM/FARM SITE
PURSUANT TO THE PROVISION OF EXECUTIVE ORDER NO. 292 DATED JULY 25, 1987, OTHERWISE KNOWN AS ADMINISTRATIVE CODE OF 1987- SPECIFICALLY TITLE XIII, BOOK IV THEREOF, THE FOLLOWING RULES AND REGULATIONS ARE HEREBY PROMULGATED TO GOVERN THE ACCREDITATION OF AGRI-TOURISM/FARM SITE.
CHAPTER I
DEFINITION OF TERMS
Section 1. Definition of Terms. When used in these Rules, unless the context otherwise indicates, the following terms shall mean as follows:
· Agri-tourism or also referred to as farm tourism is a form of tourism activity conducted in a rural farm area which may include tending to farm animals, planting, harvesting and processing of farm products. It covers attractions, activities, services and amenities as well as other resources of the area to promote an appreciation of the local culture, heritage and traditions through personal contact with the local people.
· Agri-Tourism/Farm Site - is a working farm producing and /or showcasing raw and/or processed products.
· Day Farms - are farms ideal for day tours/visits usually located near national highways and main business area.
· Farm Resorts - are farms that offer accommodation and dining services, for the purpose of participating in or enjoying interactive on-farm activities and other attractions offered to enrich the tourist's farm life experience.
· Farm Tour - refers to the activity of visiting an agri-tourism/farm site on a day tour, overnight stay or longer period of time for the purpose of participating in or enjoying farm activities and other attractions offered.
· Farm Product/s - refers to fresh and processed products of the farm.
· DOT or Department - is the Department of Tourism
· Accreditation - is a certification issued by the Department officially recognizing the holder as having complied with the minimum standards and requirements prescribed by the Department for the operation and maintenance of farms/agri-tourism sites.
CHAPTER II
CATEGORIES OF AGRI-TOURISM SITES
Section 2. Categories of Agri-Tourism/Farm Sites. For purposes of accreditation, agri-tourism/farm sites are categorized as follows, namely:
a. Day Farm
b. Farm Resort
CHAPTER III
MINIMUM STANDARD REQUIREMENTS
Section 3. Minimum Standard Requirements. For purposes of accreditation, the following are the minimum standard requirements for the operation and maintenance of agri-tourism/farm sites:
a. Location. The farm shall be situated in a generally safe and peaceful location.
b. Facilities/Amenities (for day farms and farm resorts). The farm shall have the following facilities/amenities, or can also be available in the nearest service area at least not more than two hours drive from the farm, in addition to the existing facilities necessary for its regular operation:
Reception/Information Counter - an info counter or a reception area shall be designated where guests can inquire about the farm's tour offering services or amenities. It can also serve as briefing area for the tour.
Parking - parking area with designated drop-off/loading area shall be provided for buses and other public as well as private vehicles.
Dining/Multi-Purpose Area - There shall be a dining, recreational and activity area for guests.
Picnic grounds shall use outdoor fixtures made of indigenous materials in keeping with the farm setting.
Farm Guide - Farm guides shall accompany the tour group during the entire conduct of the farm tour. They shall provide information on farm operations, processes, products and other unique features of the farm.
Souvenir Shop/Mini-Trading Area - There shall be a souvenir shop or mini-trading post to provide guests with a place to purchase the farm's produce (fresh or processed) and/or negotiate for possible business partnerships or transactions.
6. Accommodation (for farm resorts only) - There shall be accommodation facilities which shall comply with the minimum standard requirements of an accommodations facility of the DOT.
7. Restaurants (for farm resort only) - There shall be a restaurant or catering service within the farm resort's premises to cater to the dining needs of visitors/guests.
c. Infrastructure - Support infrastructure facilities shall be in place such as road, electricity, water and communication.
CHAPTER IV
GENERAL RULES ON THE OPERATION AND MAINTENANCE OF AGRI-TOURISM/FARM SITES
Section 4. Operation. The farm shall be in operation for at least three (3) months in a year.
Section 5. Safety and Security. To ensure safety and security, the following shall be available:
a. Security Personnel - Security personnel shall be on duty on a 24-hour basis to ensure the safety of guests;
b. Safety Signages - Appropriate safety signages shall be conspicuously displayed within agri-tourism/farm site;
c. Off Limit - Off Limit areas shall be clearly demarcated. Access to these areas shall be roped-off or blocked. Public areas shall be specifically designated;
d. Fire Fighting Facilities - There shall be firefighting facilities within the farm;
e. First Aid Kit - A well-stocked first aid kit shall be made available at all times;
f. Farm Equipment - Farm equipment shall have proper parking or storage areas. Farm equipment, purposely put on display, shall be roped-off from visitors.
Section 6 Sanitation. The following sanitary facilities shall be provided:
a. Wash Areas - There shall be designated wash areas within the farm with ample amenities such as continuous flow of clean water, soap, hand towel, or tissues paper
b. Restrooms - There shall be separate, clean and well-maintained rest rooms for male and female. Bathrooms shall also be provided, if applicable.
c. Garbage Cans - There shall be garbage cans in all activity areas.
d. Garbage Disposal/Waste Management - Garbage/waste disposal shall adhere to sustainable methods and techniques geared towards environmental protection.
CHAPTER V
DOCUMENTATION
Section 7. Filing of Application. Any person, partnership, corporation or other entity desiring to secure an accreditation to operate an agri-tourism/farm site from the Department shall accomplish in duplicate and file with Department, the application form prescribed for such purpose.
Section 8. Documents Required to Support Application for Accreditation of Agri-Tourism/Farm Site. Unless otherwise indicated in the form, the application shall be accompanied by two copies of the following documents:
a. Appropriate permit from the local government unit
b. List of officers/owner and farm guides indicating therein their nationality, home address and position, certified correct under oath by the owner/general manager
c. In the case of single proprietorship, a Business Name Certificate and all amendments thereto duly registered with the Bureau of Trade Regulation and Consumer protection, Department of Trade and Industry; in the case of a corporation/partnership, a certified copy of the Articles of Incorporation/ Partnership and its By-Laws and amendments thereto, if applicable, duly registered with the Securities and Exchange Commission (for farm resorts only)
d. Such other documents that the Department may require from time to time.
CHAPTER VI
INSPECTION
Section 9. Creation of an Inspection Team. The Department shall create an inspection team composed of two (2) members to conduct inspection of the facilities of the applicant farm to determine whether it meets the standards set by the Department.
Section 10. Inspection Checklist to be Accompanied During Ocular Inspection of Agri-Tourism/Farm Site. The team shall provide itself with a set of inspection checklist or requirements for the Agri-Tourism/Farm Site.
Section 11. All Observation of the Applicant to be Entered in the Inspection Checklist. Any observation of the applicant or its duly authorized representatives present at the time of the inspection on any adverse findings of the team shall be entered in the inspection checklist. The applicant shall then be furnished with a copy of the accomplished inspection checklist.
Section 12. Report of the Team - Within five (5) days from the date of the inspection of the agri-tourism/farm site, the team shall render a report of its findings and recommendations.
Section 13. Defects and Deficiencies Found During the Inspection. Where certain defects and deficiencies have been found in the course of the inspection, the Department shall serve notice and give direction to the proprietor, the manager or operator to rectify the defects or deficiencies within a reasonable period of time.
Section 14. Periodic Inspection. When necessary or when the public interest and safety dictates, the Department may send an inspection team for the purpose of finding out whether the accredited agri-tourism/farm site is being kept and/or managed in a manner conforming to the standards set by the Department. The inspection shall be conducted at a reasonable time of the day with due regard and respect accorded to the right of privacy of parties concerned.
Section 15. Failure to Remedy the Defects and Deficiencies. Failure of the management to remedy the defects or deficiencies shall be a ground for the revocation of the agri-tourism/farm site's Certificate of Accreditation.
CHAPTER VII
ISSUANCE OF CERTIFICATE OF ACCREDITATION AND STICKER
Section 16. Issuance of Certificate of Accreditation and Sticker. If the applicant has satisfactorily complied with the minimum standards and prescribed documentary requirements, the Department shall then issue the Certificate of Accreditation and Sticker in favor of the applicant.
Section 17. Validity of Certificate of Accreditation and Sticker. The validity of Certificate of Accreditation and Sticker shall be for a period of two (2) years from the date of issue, unless sooner revoked by the Department; provided however, that the agri-tourism/farm site shall be subjected to an annual inspection to monitor and ensure compliance with the minimum standard requirements.
Section 18. Accreditation Fee. An accreditation fee One Thousand Pesos (P1,000.00) and additional One Hundred Pesos (P100.00) for the cost of sticker shall be collected from the applicants that have complied with the requirements for accreditation.
CHAPTER VIII
SUPERVISION OF ACCREDITED AGRI-TOURISM SITES
Section 19. Request for the Department Identification Cards. DOT Identification Cards shall be issued to bonafide employees of the operator of agri-tourism/farm site upon request subject to payment of a minimal fee; provided, that said employees are included in the list of personnel submitted by the operator.
Section 20. Surrender of ID Cards. The operator shall within seven (7) days notify the Department regarding officers and employees who have ceased to be employed from their firm and shall surrender said officers'/employees' ID cards.
Section 21. Display of DOT Certificate of Accreditation and Sticker. The valid DOT Certificate of Accreditation and sticker shall be displayed in a conspicuous place of the farm.
Section 22. Non-Transferability of Certificate of Accreditation and Sticker. The Certificate of Accreditation and sticker shall be exclusive to the firm or establishment named therein and shall not be transferable.
CHAPTER IX
GROUNDS FOR THE CANCELLATION OF CERTIFICATION
Section 25. Grounds for Cancellation of Accreditation. Any of the following acts or omissions shall be sufficient ground for the cancellation of accreditation.
a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same or committing fraud or any act of misrepresentation for the purpose of obtaining the grant of accreditation provided that the cancellation of accreditation as herein stated shall be without prejudice to any action which may be initiated by the Department pursuant to law against the violator;
b. Failure to maintain the standards and requirements for accreditation as provided in these Rules;
c. Violation of or non-compliance with any of the provisions of these Rules, promulgated orders, decisions and circulars issued by the Department and other concerned government agencies; and
d. Promoting, facilitating or conducting activities constituting prostitution or other illegal undertakings such as but not necessarily limited to those involving children and the disadvantages as part of a tour for both foreign and domestic tourists;
e. Gross and evident bad faith in dealing with clients or fraudulent solicitations of business; and
f. Any other act or omission inimical to the interest of the tourism industry.
CHAPTER X
MISCELLANEOUS PROVISIONS
Section 26. Separability Clause. The provisions of these Rules are hereby declared separable, and in the event that anyone or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.
Section 27. Repealing Clause. All existing Rules and Regulations or Circulars issued by the Department of Tourism concerning the subject matter hereof which are inconsistent with the provisions of these Rules and Regulation are hereby repealed and/or modified accordingly;
Section 28. Effectivity. These Rules and Regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper or general circulation.
APPROVED AND PROMULGATED THIS 25TH DAY OF JUNE 2004.
MANILA,PHILIPPINES.
ROBERTO M. PAGDANGANAN
Secretary
Department of Tourism
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