Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. __ 4898

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

It is the declared policy of the State that it values the dignity of every
human person and guarantees full respect for human rights. The State shall
likewise protect and promote the right to health of the people and instill
health consciousness among them.

The importance of breastfeeding as a natural act of nurturing must be
protected in the interests of maternal health, child health, and family values.
A mother should always have the freedom and the right to breastfeed her
child in any location whether in public or in private irrespective of whether or
not the mother’s breast is covered during breastfeeding.

Republic Act 7600 or also known as the “Rooming-In and Breastfeeding Act
of 1992” already details the importance of breastfeeding and has further
elaborated on the rights of working mothers who engage in the said practice.
It was later revisited in 2010 with the introduction RA 10028 or also known
as “Expanded Breastfeeding Promotion Act of 2009” which also mandated all
health and non-health facilities, establishments, or institutions to establish
lactation stations.

The existence of the aforementioned Republic Acts along with the initiative
of the Department of Health to promote breastfeeding still do not suffice in
protecting the rights of mothers due to several factors such as short duration
of maternity leave, non-compliance of public and private of institutions to
allow lactation breaks, and unavailability of lactation stations in the
workplace and other establishments.

In order to promulgate the existing laws, and further stress the importance
of breastfeeding, there is a need to eliminate all health, social, cultural,

economic, and environmental barriers that are prejudicial to mothers who
engage in the practice of breastfeeding.

In view of the foregoing, the passage of this measure is earnestly sought.

JOHN IN//YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4998

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT
PROMOTING BREASTFEEDING PRACTICES IN THE PHILIPPINES AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

ARTICLE I
TITLE, POLICY, PRINCIPLES, OBJECTIVES, APPLICABILITY, SCOPE
AND DEFINITION OF TERMS

Section 1. Short Title - This Act shall be known as the “Breastfeeding
Practices Act"

Section 2. Declaration of Principles and State P ies - It is the
declared policy of the State that it values the dignity of every human person
and guarantees full respect for human rights. The State shall likewise protect
and promote the right to health of the people and instill health
consciousness among them.

Breastfeeding a child is an important and basic act of nurturing that must be
protected in the interests of maternal health, child health and family values.
A mother has the right to breastfeed a child in any location, public or
private, where the mother and child are otherwise authorized to be present,
irrespective of whether or not the mother's breast is covered during or
incidental to the breastfeeding.

Towards this end, it shall develop various programs tailored to protect the
right of every mother to breastfeed a child by giving them a comprehensive
package of health, education and social development programs.

To facilitate full support on breastfeeding, the State shall exert all efforts to
remove all health, social, cultural, economic, environmental and other
barriers that are prejudicial to the breastfeeding journey of a mother.

Section 3. Objectives - The objectives of this Act are as follows:
1. To recognize the right of every mother to breastfeed her child;

2. To recognize the different practices and technology available to help
mothers express their breast milk;


3. To educate mothers on the benefits of breastfeeding and expression of

breast milk;

. To educate mothers on the different alternatives to provide breast milk

to a child;

. To make breast milk readily available to infants in need;

. To eliminate misconceptions about breastfeeding and different ways of

expressing breast milk;

Ensure that every breastfeeding mother has access to timely

breastfeeding and health information and adequate medical care,

including breastfeeding seminars, breastfeeding consultations, medical
services and other breastfeeding products that help mother produce or
express breast milk;

8. Direct the Department of Health :

a. To oversee research & development activities on breastfeeding
and the latest technology available to help mothers to express
their breast milk;

b. To continuously educate nurses, doctors, health care
practitioners, lactation consultants on breastfeeding;

c. To conduct public education programs for breastfeeding
mothers;

d. To help the public understand the importance and benefits of
breastfeeding, and

e. Ensure that every barangay shall conduct breastfeeding
educational programs.

9. Provide regulatory and fiscal incentives to support research and
development activities on breastfeeding, health care practitioners who
specialize on breastfeeding, and importation or manufacturing of
affordable breastfeeding supplements, breast pumps and other
paraphernalia that helps mother express breast milk;

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10. Establish milk banks in every region and ensure that every
hospital has sufficient amount of breast milk; and
fie Institutionalize a financial incentive system for establishments

involved in clinical research, patient care, medical information
management and other similar activities for the benefit of
breastfeeding mothers.

Section 4. Applicability. - The provisions in this Act shall apply to all
individuals, public and private enterprises as well as government agencies,
including their subdivisions and instrumentalities, and government-owned
and controlled corporations.

All health and non-health facilities, establishments or institutions which are
exempted in complying with the provisions of this Act but nevertheless opted
to comply are entitled to the benefits herein stated: Provided, That they give
their employees the privilege of using the same.

Section 5. Scope - This Act covers all expectant mothers, lactating
mothers, mothers undergoing the process of re-lactation, lactating male,
adoptive parent, guardian and donors of breast milk for the consumption of
a child who may or may not use devices, containers or breast pumps.

Section 6. Definition of Terms. - For purposes of this Act, the following
definitions of terms are adopted:


a. "Age of gestation" means the length of time the fetus is inside the
mother's womb,

b. “Bottlefeeding” means the method of feeding an infant using a
bottle with artificial nipples, the contents of which can be any type
of fluid.\

. “Breast milk' means the human milk from a mother.

|. "Breast milk substitute" means any food being marketed or
otherwise represented as partial or total replacement of breast milk
whether or not suitable for that purpose.

e. “Breast milk supplement" means any food whether manufactured or
locally prepared, suitable as a complement to breast milk or infant
formula when either insufficient to satisfy the nutritional
requirements of the infant. This can include products also
commonly called as weaning food.”

f. “Breast pump" means any item that allows breast milk to be
ingested by the baby, such as but not limited to commercially
available device or apparatus with suction and, or moving parts
intended to remove human milk from the body.

g. “Container” means any form of packaging of products for sale as a
normal retail unit, including wrappers.

h. Distributor” means a person, corporation or any other entity in the
public or private sector engaged in the business (whether directly
or indirectly) of marketing at the wholesale or retail level a product
within the scope of this Act.

i. “Expressed breast milk" means human milk which has been
extracted from the breast by hand or by breast pump.

j. “Expressing milk” means the act of extracting human milk from the
breast by hand or by pump into a container.

k. “Formula” means the act of feeding a newborn with infant formula
usually by bottle. It is also called “artificial feeding.”

|. “Health care system” means any governmental, nongovernmental
or private institutions or organizations engaged, directly or
indirectly, in health care for mothers, infants and pregnant women;
and nurseries or child-care institutions. It also includes health
workers in private practice. For purposes of this Act, the health care
system does not include pharmacies or other established sales
outlets.

m. "Health institutions” refers to hospitals, health infirmaries, health
centers, lying-in centers, or puericulture centers with obstetrical
and pediatric services.

n. "Health care practitioner" refers to persons who are engaged in
health and health-related work, and all persons employed in
hospitals, health centers and other health-related establishments,
whether government or private.

0. “Infant” means a child within zero (0) to twelve (12) months of age.

p. "Infant Formula" means the breastmilk substitute formulated
industrially in accordance with applicable Codex Alimentarius
standards.

q. "Label" means any tag, brand, mark, pictorial or descriptive matter,
written, printed, stenciled, marked, embossed or impressed on, or
attached to, a container of any product within the scope of this Act.

r. “Lactation management” means the general care of a mother-infant
nursing couple during the mother's prenatal, immediate postpartum
and postnatal periods. It deals with educating and providing

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knowledge and information to pregnant and lactating mothers on
the advantages of breastfeeding, the risks associated with
breastmilk substitutes, milk products not suitable as breastmilk
substitutes and other matters that would contribute to successful
breastfeeding.

s. "Lactation massage is a technique of applying smooth and gentle
pressure to specific contact points on the breast to stimulate glands
to have continuous flow of breast milk and to prevent clogging of
breast milk ducts.

t. "Lactching" is the way a baby attaches to his mother’s breast to
breastfeed.

u. "Low Birth Weight Infant” means a newborn weighing less than two
thousand five hundred (2,500) grams at birth.

v. “Manufacturer” means a corporation or other entity in the public or
private sector engaged in the business or function (whether directly
or through an agent, or through an entity controlled by or under
contract with it) of manufacturing a product within the scope of this
Act.

w. “Marketing” means product promotion, distribution, selling,
advertising, product public relations, and information services.

x. “Marketing personnel” means any person whose functions involve
the marketing of a product or products coming within the scope of
this Act.

. “Mother” any person who expresses or provides human milk.

. “Mother's milk” means the breast milk from the newborn's own
mother.

aa. "Rooming-in” means the practice of placing the newborn in the
same room as the mother immediately after the delivery until
discharge, to facilitate motherinfant bonding and to initiate
breastfeeding, The infant may either share the mother's bed or be
placed in a crib beside the mother.

bb. "Samples" means any single or small quantities of a product
provided without cost.

cc. "Seriously-ill mothers” refers to mothers with severe infections, in
shock, in severe cardiac or respiratory distress, dying, or those with
conditions that may be determined by the attending physician as
serious.

dd. “Supplies” means quantities of a product provided for use over
an extended period, free or at a low price, for social purposes,
including those provided to families in need.

ee. “Wet-nursing" refers to the act of feeding a newborn from
another mother's breast when the newborn's mother cannot
breastfeed.

ff. "Young child" means a person from the age of more than twelve
(12) months up to 36 months.

ARTICLE II
BREASTFEEDING RIGHTS

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Section 7. Declaring Breastfeeding as Basic Human Right - This Act
hereby declares the right of a mother to breastfeed and that express breast

milk is a basic human right.


Section 8. Right to Breastfeed and Express Breast Milk - A mother
may breastfeed a child or express breast milk in any location, public or
private, where the mother and child are otherwise authorized to be,
irrespective of whether the nipple of the mother's breast is uncovered during
or incidental to breastfeeding or expression of breast milk.

No law or ordinance shall prohibit, restrict or limit a mother from
breastfeeding a child or expressing her breast milk in a public or private
location where the mother and child are otherwise authorized to be.

No person or establishment shall discriminate or interfere with a mother
breastfeeding a child or expressing breast milk in any location, public or
private, where the mother and child are otherwise authorized to be.

Section 9. Breastfeeding Alternatives - This Act recognizes other
alternatives available to mothers to provide breast milk to a child other than
direct latching. This includes, but is not limited to, the usage of breast
pumps and other paraphernalia that helps mothers lactate or express breast
milk and receive breast milk. Provided that these alternatives may only be
resorted to upon recommendation of a physician or certified lactation

consultant.

Section 10. Breastfeeding Awareness Month. - To raise awareness on
the importance of and to further promote breastfeeding, the month of
August in each and every year throughout the Philippines shall be known as
“Breastfeeding Awareness Month.”

Section 11. Lactation Stations/Facilities. - It is hereby mandated that
all health and non-health, public or private facilities, establishments or
institutions shall establish lactation stations. The lactation stations shall be
adequately provided with the necessary equipment and facilities, such as:
changing table, lavatory for handwashing, unless there is an easily-
accessible lavatory nearby; refrigeration or appropriate cooling facilities for
storing expressed breast milk; electrical outlets for breast pumps: a small
table; comfortable seats: and other items, the standards of which shall be
defined by the Department of Health. The lactation station shall not be

located in the toilet.

In addition, all health and non-health, public or private facilities,
establishments or institutions shall take strict measures to prevent any
direct or indirect form of promotion, marketing, and/or sales of infant
formula and/or breast milk Substitutes within the lactation stations, or in any
event or circumstances which may be conducive to the same.

Apart from the said minimum requirements, all health and non-health, public
or private facilities, establishments or institutions may provide other suitable
facilities or services within the lactation station.

Upon application to, and determination by, the Secretary of the Department
of Labor and Employment for the private sector, and the Chairperson of the
Civil Service Commission for the public sector, all health and non-health,
public or private facilities, establishments and institutions may be exempted
for a renewable period of two (2) years from establishing lactation station
where the construction of lactation station is not feasible or necessary due to


the peculiar circumstances of the workplace or public place taking into
consideration, among others the physical size of the establishment.

Section 12. Lactation Periods. - Nursing employees shall be granted
break intervals in addition to the regular time-off for meals to breastfeed or
express milk. These intervals, which shall include the time it takes an
employee to get to and from the workplace lactation station, shall be
counted as compensable hours worked. The Department of Labor and
Employment (DOLE) may adjust the same: Provided, That such intervals
shall not be less than a total of forty (40) minutes for every eight (8) - hour
working period.

Section 13. Breastfeeding or Expression of Breast Milk in the
Workplace. - All heath and non-health, public or private facilities
establishments shall establish lactation stations. Thus,

a. Mothers shall have the right to breastfeed their babies in the
workplace. Employers shall develop policies and programs which
will facilitate the continuation of breastfeeding of women when they
return to work, including the setting up of lactation stations in the
workplace.

b. Employers shall provide lactation periods for their employees who
want to express milk or breastfeed. It shall be an additional break
time from those already authorized (i.e. meal or coffee-break).

c. Owners of malls, theme parks and other large establishments shall
establish lactation stations within their business’ premises. They
shall also include changing tables for women who wish to change
the clothes or diapers of the children.

Section 14. Breastfeeding Discriminatory Practices - Breastfeeding a
child or expressing breast milk as part of breastfeeding shall not be
considered an act of public indecency and shall not be considered nudity,
indecent exposure, sexual conduct, lewd touching, or obscenity.

Moreover, indecent exposure, sexual conduct, lewd touching, obscenity, and
similar terms do not include the act of a mother breastfeeding a child or
expressing breast milk in a public or private location where the mother and
child are otherwise authorized to be.

Section 15. Work Discrimination. - No employer shall discriminate
against any employee with respect to terms and conditions of employment
on account of her condition as a breastfeeding mother. Provided, That the
nature of their work is not detrimental to breastfeeding.

ARTICLE III
HUMAN MILK BANK

Section 16. Provision of Facilities for Breastmilk Collection and
Storage. — Health institutions adopting rooming-in and promoting
breastfeeding shall provide equipment, facilities, and supplies for breast milk
collection, storage and utilization, the standards of which shall be defined by
the Department of Health.

Section 17. Establishment of Regional Milk Banks. - The Local
Government Unit in coordination with the Department of Health shall


establish at least one milk bank per region and establish guidelines in proper
storage and distribution of breast milk.

ARTICLE IV
ROOMING-IN AND BREASTFEEDING OF INFANTS

Section 18. Scope. - The provisions of this Article shall apply to all private
and government health institutions adopting rooming-in and breastfeeding.

Section 19. Normal Spontaneous Deliveries. — The following newborn
infants be put to the breast of the mother immediately after birth and
forthwith roomed-in within thirty (30) minutes:

a. Well infants regardless of ; and

b. Infants with low birth weights but who can suckle.

Section 20. Deliveries by Cesarian section. - Infants delivered by
caesarian section shall be roomed-in and breastfed within three (3) to four
(4) hours after birth.

Section 21. Deliveries Outside Health Institutions. - Newborns
delivered outside health institutions whose mothers have been admitted to
the obstetrics department and who both meet the general conditions stated
in Section 19 of this Act, shall be roomed-in and breastfed immediately.

Section 22. Exemptions. - Infants whose conditions do not permit
rooming-in and breastfeeding, as determined by the attending physician,
and infants whose mothers are:
a. Seriously-ill;
b. Taking medications contraindicated to breastfeeding;
c. Violent psychotics; or
d. Whose conditions do not permit breastfeeding and rooming-in as
determined by the physician shall be exempted from the provisions
of Sections 19, 20 and 21: Provided, That these infants shall be fed
expressed breast milk or wet-nursed as may be determined by the
attending physician.

ARTICLE V
EDUCATION, MARKETING OF BREASTMILK SUBSTITUTES,
BREASTMILK SUPPLEMENTS AND RELATED PRODUCTS

Section 23. Educating the Public. - The government shall ensure that
objective and consistent information on infant and young child feeding is
available for use by families and provided to those involved in the field of
infant and young child nutrition. This responsibility should cover the
planning, provision, design and dissemination of information, or their
control. Informational and educational materials, whether written, audio, or
visual, dealing with the feeding of infants and intended to reach pregnant
women and mothers of infants and young children, should include clear
information on all the following points:

a. Benefits and superiority of breast-feeding;

b. Maternal nutrition;

¢. Preparation for and maintenance of breast-feeding;

d. Breastfeeding or expressing of breast milk in the workplace;


e. Negative effects on breast-feeding of introducing partial bottle-
feeding;

f. Difficulties of reversing the decision not to breast-feed; and

g. Where needed, the proper use of infant formula, whether
manufactured industrially or home-prepared. In addition, the social
and financial implications of its use; the health hazards of
inappropriate foods or feeding methods; and, in particular, the
health hazards of unnecessary or improper use of infant formula
and other breast-milk substitutes shall be included. Such materials
should not use any pictures or text which may idealize the use of
breastmilk substitutes.

Section 24. Integration of Breastfeeding Education in the Curricula. -
To encourage and promote breastfeeding, the Department of Education, the
Commission on higher Education and the Technical Education and Skills
Development Authority shall integrate in the relevant subjects in the
elementary, high school and college levels, especially in the medical and
education, the importance, benefits, methods or techniques of
breastfeeding, and change of societal attitudes towards breastfeeding.

— The facilities of health care system shall not be

Section 25. Facilitie:
used for the followin

a. Any activity with the purpose of Promoting infant formula or other
products within the scope of this Act. However, dissemination of
information to health professionals in accordance with Section 26 is
not precluded.

b. The display of products within the scope of this Act, for placards or
posters concerning such products, or for the distribution of material
provided by a manufacturer or distributor other than that specified
in Section 23.

Section 26. Information Provided to Health Professionals. -
Information provided by manufacturers and distributors to health
Professionals regarding products within the scope of this Act should be
restricted to scientific and factual matters, and such information should not
imply or create a belief that bottlefeeding is equivalent or superior to
breastfeeding. It should also include the information specified in Section 23.

Section 27. Inducements. - No financial or material inducements to
Promote products within the scope of this Act should be offered by
manufacturers or distributors to health workers or members of their families,
nor should these be accepted by health workers or members of their

families,

Section 28. Samples Not Provided to Health Workers. - Samples of
infant formula or other products within the scope of this Act, or of equipment
or utensils for their preparation or use, should not be Provided to health
workers except when necessary for the Purpose of professional evaluation or
research at the institutional level. Health workers should not give samples of
infant formula to pregnant women, mothers of infants and young children, or
members of their families.

Section 29. Labeling. - Labels should not contain anything that will
undermine or discourage breastfeeding. They shall only contain necessary


information about the appropriate use of the Product, and so as not to
discourage breastfeeding.

Section 30. Label Guidelines. - Every container shall have a clear,
conspicuous and easily readable message printed on it, or on a label which
cannot readily be detached from it. Tt shall be in Filipino or English, and shall
contain the following:
a. Words "Important Notice" or their equivalent;
b. A statement of the superiority of breast-feeding;
c. A statement that the Product should be used only on the advice of a
health worker as to the need for its use and the Proper method of use;
d. Instructions for appropriate preparation, and a warning against the
health hazards of inappropriate preparation.
- The ingredients used;
The composition/analysis of the product;
. The storage conditions required; and
. The batch number and the date before which the Product is to be
consumed, taking into account the climatic and storage conditions of
the country concerned.

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Section 31. Prohibited Design of Container and Label. - Containers
and labels shall not contain the following:

a. Pictures of infants and other pictures or text which may idealize the
use of infant formula. However, graphics for easy identification of the
Product as a breastmilk substitute and for illustration Of methods of
Preparation are allowed

b. Terms "humanized", “maternalized" or similar terms.

a) Inserts giving additional information about the product and its
Proper use, subject to the above conditions, may be included in
the package or retail unit. When labels give instructions for
Modifying a product into infant formula, the above should apply.

Section 32. Warning Label. - Food Products within the Scope of this Act,
marketed for infant feeding, which do not meet all the requirements of an
infant formula, but which can be modified to do So, should carry on the label
a warning that the unmodified Product should not be the sole source of
nourishment of an infant.

Section 33. Quality. - The quality of products is an essential element for
the protection of the health of infants and therefore should be of a highly
recognized standard.

Food products within the scope of this Act should, when sold or otherwise
distributed, meet applicable standards recommended _by the Codex


ARTICLE VI
CERTIFIED LACTATION CONSULTANTS

Section 34. Creation of Philippine Board of Lactation Consultants -
There shall be a board of lactation consultants in the country under the
Department of Health (DOH) to certify lactation consultants that educates,
Provide consultation, assist and treat breastfeeding mothers.

Section 35. Composition of the Board - The Board of Lactation
Consultants shall be @ collegial body headed by the Assistant Secretary of

Qualifications of a Certified Lactation Consultant - In
order to be a lactation Consultant, the applicant who should be a Filipino
Citizen must submit the following Certification issued by appropriate
authorities attesting the following:

a. The applicant must be a physician or a health care Practitioner;

b. The applicant has not been convicted of any crime involving moral
turpitude

¢. The applicant has Passed the psychiatric test administered by a DOH-
accredited Psychologist or Psychiatrist;

d. The applicant has Passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;

€. The applicant must have completed breastfeeding training seminar as
established by the Department of Health;

f. The applicant has passed Certification examination conducted by the
Department of Health;

Necessary taking into account international standards of accrediting lactation
consultants,

Section 37, Breastfeeding Seminars - Any establishment whether public
or private may sponsor breastfeeding seminars. However, no person other
than a certified lactation consultant shall be allowed to conduct
breastfeeding seminars.

Section 38. Breast Examination - No person other than a physician may
examine a mother's breast, prescribe breastfeeding supplements, diagnose
Or Conduct lactation Massage.

Section 39. Duties and Functions of the Board - The Board shall have

the following duties and responsibilities:

- To enforce the Provisions of this Act;

+ To conduct certification exams for Lactation Consultants;

- To conduct Continuing lactation education for Lactation Consultants;

- To keep abreast on the recent studies and technologies available in the
market to help mother Produce and express milk;

- Support the Conduct of research and development initiatives for
breastfeeding;

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6. Promote coordination and cooperation among institutions involved in
researches on breastfeeding;

7. Enter into agreements with and award research grants for centers for
researches doing studies on the benefits of breastfeeding and breast
milk;

8. Identifying projects that should be conducted in the future on
breastfeeding;

9. Ensure that manufacturers and distributors of breastfeeding
supplements, breast Pumps and other breastfeeding or breast pump
Paraphernalia met international standards and has passed examination
and approval of the Proper government agency;

10. Promote the development of updated treatment guidelines on
the different approach to breastfeeding mothers based on their
circumstances;

at. Work hand in hand with that the Department of Labor and
Employment and the Civil Service Commission to ensure compliance of
all public or private entities and establishments;

12. Establish a referral system to facilitate the Provision of
appropriate medical care to breastfeeding mothers;

eh To conduct case studies and evaluation to the different

Power of contempt;
5 To conduct yearly examination and evaluation of certified
lactation consultants assigned in every field office;

16. To look, from time to time, into the conditions affecting the
breastfeeding mothers;
17. To provide for reasonable accommodation and accessible

environment for breastfeeding mothers, and
To advocate respect and awareness about the efforts made to
improve the quality of life of breastfeeding mothers and the child.

Health Workers and Health Institutions. - The Department of Health
with the assistance of other government agencies, professional and
nongovernmental Organizations shall conduct continuing information,
education, re-education, and training Programs for Physicians, nurses,

management.

Information materials shall be given to all health workers involved in
maternal and infant care health institutions.

ARTICLE VII
MISCELLANEOUS PROVISIONS

Section 41, Department of Health Certification, - Any health and non-
health facility, establishment or institution Satisfying the requirements of


Sections 11 herein relative to a Proper lactation station may apply with the
focal Department of Health office for a ‘working mother-baby friendly’
certification. The Department of Health shall Promulgate guidelines to
determine eligibility for such Certification, which shall include an annual
Department of Health inspection to confirm the continued compliance with
its standards.

The Department of Health shall maintain a list of ‘mother-baby-friendly'
establishments, which it shall make available to the public.

Section 42. Role of National Agencies and Local Government Units -
Local government units shall promote the establishment breastfeeding
Support groups, breastfeeding centers, breastfeeding seminars, breast milk
donations and milk banks in their respective territorial jurisdiction.

National agencies and local government units may enter into joint ventures
with organizations or associations supporting breastfeeding and the
expression of breast milk and other undertaking that shall enhance the
health, physical fitness, economic and social well-being of breastfeeding
mothers and their child.

Section 43. Implementing Rules and Regulations. - The Department of
Health shall formulate, within ninety (90) days upon the effectivity of this
Act, the implementing rules and regulations in consultation with the local
government units, nongovernment organizations and people's organizations.

Section 44. Penal Clause - Any person who violates any provision of this
Act shall suffer the following penalties:

a. A fine of not less than Five Thousand Pesos (P 5,000.00) but not
exceeding Ten Thousand Pesos (P 10,000.00) or imprisonment of not
less than six (6) months but not More than one (1) year, or both
without prejudice to other civil, administrative or criminal liabilities
that may arise therefrom if the offender is an individual; and

b. A fine of not less than Fifty Thousand Pesos (P 50,000.00) but not
exceeding One Hundred Thousand Pesos (P 100,000.00) or
imprisonment not less than one (1) year but not more than six (6)
years, or both without prejudice to other Civil, administrative or
criminal liabilities that may arise therefrom to be imposed on the
director, trustees or officers of any public or private corporations,
entities, organizations or establishments.

Section 45. Appropriations. - The amount necessary to carry out the
Provisions of this Act shall be Included in the budget of concerned
government agencies in the General Appropriations Act of the year following
its enactment into law and thereafter.

Section 46. Repealing Clause. - Ali laws, decrees, executive orders,
administrative orders or Parts thereof inconsistent with the Provisions of this
Act are hereby repealed, amended or modified accordingly.

Section 47. Separability Clause. - If any provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall
Continue to be in full force and effect.


Section 48. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its complete publication in the Official Gazette or in at least two (2)
newspaper of general circulation.

Approved,