. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/PHL/76 
20 December 2006 
 (06-6102) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   PHILIPPINES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Bureau of Food and Drugs, Department of Health 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Milk (ICS: 67.100) 
5. Title, number of pages and langua ge(s) of the notified document:   BFAD Administrative 
Order No. 2006-0012 – Revised Implementing Ru les and Regulations of Executive Order 
No. 51, otherwise known as the “Milk Code”,  Relevant International Agreements, 
Penalizing Violations thereof, and for  other purposes. 
6. Description of content:   This notification shall apply to the marketing, and practices 
related thereto, of the following products:  br eastmilk substitutes, including infant formula;  
other milk products, foods and beverages, including bottle-fed complementary foods, when 
marketed or otherwise represented to be suitabl e, with or without modification, for use as a 
partial or total replacement of breastmilk;  feedi ng bottles and teats.  It also applies to their 
quality and availability, and to information concerning their use. 
The Bureau of Food and Drugs (BFAD) shall i nvestigate and verify reports of violations;  
when appropriate, apply administrative sanctions ag ainst the violators;  and/or file criminal 
complaints against persons a nd entities found to have violated, singly or repeatedly, the 
provisions of the Code or these implementing rules and regulations. (Refer to Rules XI-
XIII). 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
This notification is made to (1) protect and promote the right to health of the people and 
instill health consciousness among them;  (2) to ensure the provision of safe and adequate 
nutrition for infants and young children by the promotion, protection and support of 
breastfeeding and by ensuring the proper use of breastmilk substitutes, breastmilk supplements and related produc ts when these are medically indicated and only when 
necessary, on the basis of adequate inform ation and through appr opriate marketing and 
distribution. G/TBT/N/PHL/76 
Page 2  
 
   
8. Relevant documents:   BFAD Memorandum dated 21 November 2005 – Strict 
Implementation and Enforcement of the Regulatory Components of Executive Order No. 51. 
Executive Order No. 51 dated 20 October 1986 – Na tional Code of Marketing of Breastmilk 
Substitutes, Breastmilk Supplement and Other Related Products 
9. Proposed date of adoption:   
Proposed date of entry into force:   }These Revised Rules and Regulations shall 
take effect fifteen (15) days after its publication in a newspaper of general circulation with the requisite copy submitted to the University of the Philippine Law Centre 
10. Final date for comments:   Immediately 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
WTO/TBT Enquiry Point and Services 
Bureau of Product Standards 
Department of Trade and Industry 361 Sen. Gil J. Puyat Avenue Makati City, Metro Manila Tel.: (+632) 751-4749; 751-3125    E-mail: bps@dti.gov.ph