RECEIVED
1 JUL 201

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__105

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE

According to the World Health Organization, less than 40 percent of infants less than six
(6) months of age are exclusively breastfed. (WHO Website Report July 2009). Considering that
breastmilk is the best form of nutrition for infants, it is essential that more women exclusively
breastfeed their infants so that children will grow tip physically, emotionally and mentally
healthy. Breastmilk provides infants with all the nutrients they need. It is likewise safe and
contains antibodies that protect infants from common childhood illnesses.

Breastfeeding also promotes a stronger bond between the mother and the child. Further,
women who exclusively breastfeed their infants also benefit from this practice because it
prevents menstruation, which is a natural form of birth control, reduces the risk of breast and
ovarian cancer, and helps them to return (6 their pre-pregnancy weight faster, and lowers cases of

obesity.

In a 2003 survey conducted in the Philippines, it was found out that for children below
three (3) years of age, barely six’(6) percent were exclusively breastfed and that exclusive
breastfeeding occurred for an averdge of 24 days only. In faci, 3.4 million children or 49 percent
were given liquid or food other than breastmilk within three (3) days after being born. The
reasons cited why mothers did no} breastfeed their infants are the following: they did not have
enough milk (31%), they are working (17%), their nipples/breasts ache (17%), their child did not
want to breastfeed (11%), their child is sick (11%), they are sick (9%), and other reasons (4%).
(2003 National Demographic and Health Survey, Natforal Statistics Office).

This bill aims to establish a comprehensive program for breastfeeding practices in the
Philippines. It is hoped that by fostering an appropriate environment of awareness and support
for breastfeeding, the rate of exclusive breastiteding in the country will improve thereby

improving the health of both the women and children. By providing education to pregnant and


lactating mothers on the advantage of breastfeeding as well as the proper care that would
contribute to successful breastfeeding, prohibiting the advertisement for infant formula and other
products for infants 0-24 months, adopting rooming-in in health institutions, establishing human
milk banks, encouraging employers of women to facilitate breastfeeding by setting up lactation
facilities, educational programs on the benefit of breastfeeding, and scheduling breaks and work
patterns to provide time for milk expression or breastfeeding, women can continue to exclusively

breastfeed their infants up to 24 months of age and even beyond.

By protecting, promoting and supporting breastfeeding in the Philippines, there will be
more healthy, strong and intelligent Filipinos.

In view thereof, approval of this bill is highly recommended.

ANI MERCADO-REVILLA

istrict, Cavite



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 105

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT
TO PROTECT, PROMOTE AND SUPPORT BREASTFEEDING PRACTICES THROUGH
PROPER "ANT AND YOUNG CHILD FEEDING BY REGULATING THE TRADE,
MARKETING AND PROMOTIONS OF BREASTMILK SUBSTITUTES AND FOOD
PRODUCTS FOR INFANTS AND YOUNG CHILDREN

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

CHAPTER

G RAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Breastfeeding Promotion and
Breastmilk Substitute Regulation Act”.

SEC. 2. Declaration of State Policies and Principles. - It is hereby declared the policy of
the State to promote breastfeeding as the best possible source of safe and adequate food and
nutrition for infants and young children and even beyond. As a basic act of nurture beneficial to the
health of both mother and child, exclusive breastfeeding of infants from birth to six (6) months shall
be encouraged. Every effort to use locally available foods to complement breastmilk shall be
encouraged. This policy is in consonance with the duty of the State to protect the people’s right to
health under the Constitution and international law.

The State shall conform to the World Health Organization (WHO) and United Nations
Children’s Fund (UNICEF) hierarchy of priority values with respect to infant feeding: the first
priority being breastfeeding by the child’s own mother; the second priority being expressed breast
milk from the child’s own mother; the third priority being wet nursing or shared nursing by a person
other than the child’s mother; the fourth priority being expressed breast milk from a person other
than the child’s mother; the fifth priority being stored breast milk from a human milk bank; the last
resort being non-human milk prepared in accordance with applicable Codex Alimentarius
Standards.

SEC. 3. Objectives. - This Act shall have the following objectives:

a) To promote, protect and support exclusive breastfeeding as the means of nourishment for
the first six (6) month of life;

b) To promote, protect and support breastfeeding as the optimal and unparalleled means of
providing safe and adequate nutrition for infants and young children up to two (2) years of
age and even beyond:


¢) To promote and support proper and timely complementary feeding, which includes the
giving of low-cost yet nutritionally-adequate indigenous food:

d) To preserve and protect the integrity of the Philippine healthcare system by regulating
the marketing, promotions, sales practices and strategies of manufacturers, distributors and
marketing personnel;

e) To properly inform the general public about the proper use of breastmilk substitutes,
breastmilk supplements and related products through adequate, consistent and objective
information and regulation of the marketing and distribution of said products:

£) To promote a mother-and baby-friendly environment in every health care institution,
facility, health care organization and association, office, school and all publie places that is
conducive to the advancement of the breastfeeding culture;

g) To ensure compliance with pertinent provisions of binding international commitments and
covenants entered into by the Philippines, including specifically, the 2003 Global Strategy
for Infant and Young Child Feeding, the International Code on the Marketing of
Breastmilk Substitutes and Related Products, and subsequent Resolutions of the World
Health Assembly which the Philippines supports;

h) To widely promote and protect breastfeeding as a simple yet cost-effective means of
alleviating poverty and decreasing dependence on imports;

i) To encourage the general public to form breastfeeding groups or associations to develop
suitable programs and further the growth and empowerment of the country's women and
children under an international ethical standard;

j) To encourage the revival of wet and shared / cooperative nursing among mothers and for
infants without mothers, including, but not limited to those in orphanages and other child
care centers;

k) To encourage the revival of Filipino indigenous practices that sustained breastfeeding in
the past, the reduction of dependence on expensive importation on non-human milk, the
support for breastfeeding mothers in families and communities.

1) To protect, promote and advance public health over private gain and, pursuant thereto,
milk companies, manufacturers, distributors, marketing personnel and _ their
representatives, shall not form part of any policymaking, implementing or regulatory body
or entity in relation to the advancement of breastfeeding

SEC. 4. did to Construction. — All doubts in the implementation and interpretation of the provisions
of this Act shall be resolved in favor of and for the promotion and protection of the right to health,
breastfeeding and appropriate infant and young child feeding practices, and against the commercial
and other vested interests of milk companies and manufacturers and distributors of breastmilk
substitutes and related products, their marketing personnel and other representatives, or the
marketing of non-human milk, follow-up formula, and other products marketed or otherwise
represented as suitable for feeding infants and young children.

SEC. 5. Definition of Terms. — For purposes of this Act, the following terms shall be defined as
follows:

a) Advertising shall refer to the business of conceptualizing, presenting, or making
available to the public, through any form of mass media, fact, data or information about
the attributes, features, quality or availability of consumer products, services or credit as
defined in Republic Act No. 734, otherwise known as the “Consumer's Act of the
Philippines.”


b) Age of Gestation shall refer to the length of time the fetus is inside the mother's womb.

©) Bottlefeeding shall refer to the method of feeding an infant using a bottle with artificial
nipples, the contents of which can be any type of fluid.

d) Breastfeeding shall refer to the method of feeding an infant directly from the human
breast.

e) Breastmilk shall refer to the human milk from a mother.

f) Breastmilk Substitute shall refer to any food intended being marketed or otherwise
represented as a partial or total replacement of breastmilk whether or not suitable for that
purpose.

g) Container shall refer to any form of packaging of products for sale as a normal retail
unit, including wrappers.

h) CHED shall refer to the Commission on Higher Education created pursuant to Republic
Act No. 7722.

i) Committee or IAC shall refer to the Inter-Agency Committee created under Section 55
hereof.

i) Complementary Food shall refer to any food or product whether manufactured or home
prepared, suitable as a complement to breastmilk, to augment and satisfy the nutritional
and energy requirements of the infant or young child. Such food is also commonly called
“weaning food” or “breastmilk supplement”. The use of complementary food as an
appropriate component of infant and young child nutrition is referred to as
“Complementary Feeding”.

k) Department shall refer to the Department of Health (DOH) created pursuant to Executive
Order No. 94.

1) DepEd shall refer to the Department of Education created pursuant to Executive Order
No.94,

m) DSWD shall refer to the Department of Social Welfare and Development pursuant to
Executive Order No. 94

n) DTIshall refer to the Department of Trade created pursuant to Executive Order No. 94.

0) Distributor shall refer to a person, corporation or any other entity in the public or private
sector engaged in the business, directly or indirectly, of marketing, distributing and/or
delivering Covered Products, such as breastmilk substitute, breastmilk supplement,
infant formula, and complementary food, at wholesale or retail level. A "primary
distributor" is a manufacturer's sales agent, representative, national distributor or broker.

p) Expressed Breastmilk shall refer to the human milk which was extracted from the breast
by hand or by pump. It can be fed to an infant using a dropper, a nasogastric tube, a cup
and spoon, or a bottle.

q) FAO shall refer to the Food and Agriculture Organization.


1) FDA shall refer to the Food and Drug Administration created pursuant to
Republic Act No. 9711, formerly known as the Bureau of Food and Drugs
(BFAD).

8) Follow-up formula or follow-up milk shall refer to a milk or milk-like product
formulated industrially in accordance with applicable Codex Alimentarius Standards
presented as suitable for feeding infants and young children over six (6) months. It is
also known by other descriptive terms, such as, but not limited to, “follow-on formula”,
“growing-up milk”, “school-age milk”, or “milk supplements”.

t) Formula Feeding shall refer to the feeding of an infant with an infant formula usually
by bottle-feeding. It is also called “artificial feeding”.

u) Health Care System shall refer to the aggregation, within the Philippines, of all
governmental, non-governmental or private institutions or organizations engaged,
directly or indirectly, in health care for mothers of infants, infants and pregnant women;
and nurseries or childcare institutions. It includes health workers in both public and
private practice. For purposes of this Act, the health care system does not include
pharmacies or other established sales outlets.

v) Health Institutions shall refer to governmental, non-governmental or private institutions,
organizations or other operational venues engaged, directly or indirectly, in providing
health care services, including, but not limited to, clinics, hospitals, health
infirmaries, health centers, lying-in centers, or pucriculture centers with obstetrical and
pediatric services.

w) Health Worker shall refer to a person working in a component of the health care system,
whether professional or non-professional, including volunteer workers, It also includes
health workers in both public and private practice, and all medical, allied health
professional, administrative and support personnel employed in health institutions,
regardless of their employment status. Traditional birth attendants and their assistants
shall likewise be included.

x) Infant shall refer to a person falling within the age bracket from birth to twelve (12)
months.

y) Infant Formula shall refer to a breastmilk substitute formulated industrially in
accordance with applicable Codex Alimentarius standards to satisfy the normal
nutritional requirements of infants up to six (6) months of age and adopted to their
physiological characteristics. Infant formula may also be prepared at home, in which
case it is referred to as “home-prepared”.

2) IYCF shall refer to infant and young child feeding principles and practices, as described
under the Global Strategy on Infant and Young Child Feeding, jointly developed,
recommended and endorsed by the World Health Organization (WHO) and the United
Nations Children’s Fund (UNICEF) to improve, through optimal feeding, the nutritional
status, growth and development, health and survival of infants and young children.

aa) Label shall refer to any tag. brand, mark, pictorial or other descriptive matter, including
enclosed literature, written, printed, stenciled, marked, embossed or impressed on, or
attached to, a container of any Covered Product

bb) Low Birth Weight Infant shall refer to a newborn weighing less than two thousand five
hundred (2,500) grams at birth.

ce) Lactation Management shall refer to the general care of a mother-infant nursing couple
during the mother's prenatal, immediate postpartum and postnatal periods. It deals with

4


educating and providing knowledge and information to pregnant and lactating mothers
on the advantages of breastfeeding. the physiology of lactation, the establishment and
maintenance of lactation, the proper care of breast and nipples, and such other matters
that would contribute to successful breastfeeding.

dd) Manufacturer shall refer to any person who manufactures, assembles or processes
consumer products, except that if the goods are manufactured, assembled or processed
for another from another person who attaches his own brand name to the consumer
products, the latter shall be deemed the manufacturer. In case of imported products, the
manufacturer's representative or, in his absence, the importer shall be deemed the
manufacturer. This shall include any person or entity principally engaged in providing
marketing services, insofar as it shall act as an agent, or otherwise on behalf, or in the
interest of such manufacturer.

ce) Marketing shall refer to all activities and efforts to present a product to the general
public, including, but not limited to, product promotion, distribution, selling, advertising,
product public relations and information services.

ff) Marketing firm shall refer to any entity that does marketing or provides marketing
services.

gg) Marketing personnel shall refer to any person whose functions involve the marketing of
a product or products covered within the scope of this Act.

2g) Mother's milk shall refer to the breastmilk from the newborn's own mother.

ii) Non-human milk shall refer to infant formula, follow-up formula, artificial milk, and any
milk other than that sourced from humans, whether or not industrially formulated in
accordance with applicable Codex Alimentarius standards. It also covers non-dairy milk, soy
milk, coconut milk prepared for children, animai milk, evaporated, condensed, skimmed or
low-fat, reconstituted milk and milk prepared at home in which case it is described as
“Home-prepared”.

ij) Products shall refer to breastmilk substitutes, breastmilk supplements, infant formula,
follow-up formula, and complementary foods, when marketed or otherwise used or
presented to be suitable, with or without modification, for use as a partial or total
replacement of breastmilk; other related products such as feeding bottles, teats and other
artificial feeding paraphernalia; all milk products, including those intended for pregnant
women and/or nursing mothers; and such other products as the Department, by proper
publication, shall declared to be a product covered by and for purposes of this Act.

kk) Promotion shall refer to the employment of any method, scheme, or design of, directly
or indirectly, encouraging or enticing a person or group of persons, in whatever form,
whether by chance or skill, to purchase, acquire or use a product. It shall include “sales
promotion” or the use of techniques or schemes intended for broad consumer participation
which contains promises of gain such as prizes in cash or in kind as reward for the purchase
of a product in a contest, game, tournament and other similar competitions which involve
determination of winners and which utilize mass media or other forms of communication.

11) Rooming-in shall refer to the practice of placing the newborn in the same room as the
mother right after delivery up to discharge to facilitate mother-infant bonding and to initiate
breastfeeding. The infant may either share the mother's bed or be placed in a crib beside the
mother.

mm) Sample shall refer to a single unit or small quantity of a product provided for free or
without cost.


nn) Seriously ill mothers shall refer to those mothers who are with severe infections; in
shock; in severe cardiac or respiratory distress; or dying or those with other conditions that
may be determined by the attending physician as serious.

00) Sponsorship refers to the provision of funds, equipment, materials, awards, or benefits in
whatever form, as a form of support for games, sports, activities, charities, dances, cultural
events, lectures, conventions, meetings, programs and the like, offered and given by
corporations and other entities or their representatives for the purpose, whether or not such is
disclosed or manifestly intended, or otherwise having the effect of promoting, directly or
indirectly, specified products.

Pp) Supplies shall refer to quantities of a product provided for use over a specific or
tended period for free or at a low price, for social purposes, including those provided to
families in need.

qq) Weaning shall refer to the process of introducing an adult diet to an infant and/or young
child and discontinuing breastfeeding.

1) Wet-nursing shall refer to the feeding of a newborn from another mother's breast when
his/her own mother cannot breastfeed.

ss) WHO shall refer to the World Health Organization.

tt) Young child shall refer to a person from the age of twelve (12) months and one (1) day
up to thirty six (36) months.

SEC. 6. Scope and Coverage. — This Act shall apply to the marketing and practices related
thereto, as well as the quality, availability and information conceming the use of the products as
defined in Section 5(jj), including, but not limited to: breastmilk substitutes, infant formula, follow-
up formula; other milk products, foods and beverages, including complementary foods, when
marketed or otherwise represented to be suitable, with or without modification, for use as a partial
or total replacement of breastmilk; related products, such as feeding bottles and teats; such other
produets as the Department, by proper publication, shall declare to be a product covered by this Act,

Display, use or placement of the words “This is not a breastmilk substitute” or words to that
effect, on the container, label and/or marketing material of any product shall not remove it from the
purview of this Act. Only the Department of Health and/or the Inter-Agency Committee hereunder
created, not the manufacturer, distributor, or marketing firm or any of their representatives, is
authorized to determine whether or not a product falls within the purview of this Act.

CHAPTER IL
PROGRAM ON THE PROMOTION OF BREASTFEEDING

SEC. 7. Program. - There shall be a comprehensive program to promote breastfeeding to be
formulated by the Department of Health (DOH) and the Department of Social Welfare and
Development (DSWD) in coordination with other government agencies, and individuals and civil
society organizations concemed with the promotion of the right to health and breastfeeding, within
six (6) months from the effectivity of this Act.

CHAPTER IIL
RIGHT TO BREASTFEED AND TO BREASTMILK

SEC. 8. Right of the Mother to Breastfeed. - The mother’s right to breastfeed her child, who
equally has the right to breastmilk, shall be promoted. protected and supported. In this connection,
attending health workers shall encourage pregnant women and mothers to breastfeed their child, and

6


inform them of the appropriate IYCF practices recommended by the WHO and UNICEF, the
advantages of breastfeeding, how to encourage and maintain lactation, and the hazards of the
production, preparation, use and misuse of breastmilk substitutes, infant formula and other products
covered by this Act marketed as infant or baby food. The decision whether to breastfeed or not shall
be based on informed choice. In health institutions, bottlefeeding shall be allowed only after the
mother has been informed by the attending health worker of the foregoing. The proper techniques of
feeding with breastmilk substitutes shall be provided and demonstrated only to mothers who may
not be able to breastfeed for medical or other legitimate reasons and/or after the mother has opted to
adopt formula feeding for her infant in view of the absence of other sources of breastmilk.

SEC. 9. Breastfeeding is Not Indecent Exposure. - No provision of law or ordinance on
indecent exposure shall apply to breastfeeding. A woman may breastfeed an infant or young child in
any location, public or private, where the woman is otherwise authorized to be, even if not done
discreetly, irrespective of whether the nipple of the woman’s breast is uncovered during or
incidental to the breastfeeding.

SEC. 10. Breastfeeding in the Workplace. ~ Every woman shall have the right to breastfeed
her infant and/or young child in the workplace. In consonance with Republic Act No. 7600,
otherwise known as “The Rooming-in and Breastfeeding Act of 1992”, as amended by Republic Act
No.10028, otherwise known as the “Expanded Breastfeeding Promotion Act of 2009”, employers of
women who continue to breastfeed upon returning to work have the following obligations:

a) __ Preserve and respect the right of women to breastfeed infants and/or young children
in the workplace;

b) Facilitate the continuation of breastfeeding by setting-up lactation stations and/or
facilities in accordance with R.A. No. 7600, as amended, and providing support, including
educational programs on the benefits of breastfeeding, assistance in handling breastfeeding
problems and the difficulties often experienced by breastfeeding women in the workplace. Such
facilities shall be clean and private, have access to clean, safe water, and a sink, access to hygienic
and temperature controlled storage facilities for breastmilk and available to both employees and
guests;

c) Mothers who exclusively breastfeed for the first six (6) months shall be allowed to
bring their baby to work within the time of exclusive breastfeeding and employers shall provide the
necessary créche, facilities and care for the mothers to bring their infants to work;

d) Formulate policies supporting breastfeeding practices at the workplace that address
issues which include flexibility in work schedules and break-times to provide women with time to
breastfeed and/or express their breastmilk; and

) Employers shall provide breastfeeding women employees with reasonable paid break
time to express milk or breastfeed, in addition to the regular time-off for meals, in accordance with
Section 12 of R.A. No. 7600, as amended by R.A. No. 10028. These break 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 break intervals shall not be less than a total of forty (40)
minutes for every eight (8)-hour working period.

SEC. 11. Breastfeeding in Large, Public Establishments ~ Notwithstanding the provisions of
R.A. No. 7600, as amended by R.A. No. 10028, allowing exemptions, owners of all large
establishments that are open to the public, such as, but not limited to, malls, markets and other
places of business, shall be required to set up lactation stations or facilities for women who
breastfeed infants and/or young children within the premises.

SEC, 12. Lactation Station or Facilities, Additional Requirements. — In addition to the
requirements under Section 11 of R.A. No. 7600, as amended, all lactation stations or facilities shall

im


also include changing tables for women who wish to change the clothes and diapers of infants and
young children.

CHAPTER IV
IN AND BREASTFEEDI

3 OF INFANTS

SEC. 13. Applicability. - The provisions in this Chapter shall apply to all private enterprises
and government agencies, including their subdivisions and instrumentalities, and government-
owned and —controlled corporations.

SEC. 14. Normal Spontaneous Deliveries. — Pursuant to R.A. No. 7600, as amended, the
following newborn infants shall be put to the breast of the mother immediately after birth and
forthwith roomed-in within thirty (30) minutes:

a) well infants regardless of age of gestation; and
b) _ infants with low birth weights but who can suck.

SEC. 15. Deliveries by Caesarean. - Infants delivered by caesarean section shall be roomed-
in and breastfed within three (3) to four (4) hours after birth.

SEC. 16. Deliveries Outside Health Institutions. - Newboms delivered outside health
institutions whose mothers have been admitted to the obstetrics department/unit and who both meet
the general conditions stated in Section 14 of this Act, shall be roomed-in and breastfed
immediately.

SEC. 17. Exemptions. — Infants whose conditions do not permit rooming-in or breastfeeding
as determined by the attending physician and infants whose mothers are either

a) seriously ill:

b) _taking medications contraindicated to breastfeedin,

©) _ violent psychotics; or

d) whose conditions do not permit breastfeeding and rooming-in as determined by

the attending physician,

shall be exempted from the provisions of Sections 14, 15 and 16 of this Act: Provided, That,
these infants shall be fed expressed breastmilk or wet-nursed as may be determined by the
attending physician.

SEC. 18. Provision of Facilities for Breastmilk Collection and Storage. - Health institutions
adopting rooming-in and promoting breastfeeding shall provide equipment, facilities, and supplies
for breastmilk collection, storage and utilization, the standards of which shall be defined by the
DOH. Health institutions are likewise encouraged to set up milk banks for storage of breastmilk
donated by mothers.

CHAPTER V
‘DED BREASTFEEDING AND WEANING

EXTE!

SEC. 19. Benefits. - Extended breastfeeding shall be encouraged. Toddlers and young
children are benefited nutritionally and psychologically. Prolonged nursing is associated with better
social adjustment.

SEC. 20. Weaning. - For the purpose of encouraging natural weaning and preventing
discrimination or inappropriate social perceptions of breastfeeding toddlers, the Department shall
endeavor to encourage the positive portrayal of extended breastfeeding for toddlers and young


children. Advertising of products covered under this code that tends to undermine the value of
breastfeeding past the infant stage shall not be allowed.

CHAPTER VI
INFORMATION AND EDUCATION

SEC. 21. Information and Education. - a) The DOH shall take measures to encourage,
promote, protect, support and monitor appropriate infant and young child feeding (IYCF) practices,
in line with WHO/UNICEF recommendations, and ensure that updated, objective and consistent
information on IYCF principles and practices is provided to women, famlies, the general public, and
those involved in the field of infant and young child nutrition and maternal health. This
responsibility shall cover the planning, provision, design and dissemination of information and
educational activities and materials, and the control thereof, on infant and young child nutrition, It
shall educate the public about the consequences and risks that not following such practices may
create for infants, young children, and mothers as well.

ive appropriate information, training and advice to health workers with
ies under this Act and related laws on infant and young child nutrition

regard to their respon:
and breastfeeding.

SEC. 22. Continuing Education, Re-education and Training of Health Personnel, - The
DOH, with the assistance of other government agencies, professional and non-government
organizations shall conduct continuing information, education, re-education, and training programs
for physicians, nurses, midwives, nutritionist, dieticians, community health workers and traditional
birth attendants (TBAS) and other health personnel on current and updated lactation management,
including their obligations under this Act.

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

. 23. Information Dissemination to Pregnant Women and Women of Reproductive Age. -
During the prenatal, perinatal and postnatal consultations or confinements of mothers or pregnant
women in a health institution, it shall be the obligation of the health institution and the health
worker to immediately and continuously teach, train, and support the women on current and updated
lactation management and infant care, through participatory strategies such as organization of
mothers’ clubs and breastfeeding support groups, and to distribute written information materials on
such matters free of charge.

‘The DOH is hereby mandated to develop and provide breastfeeding programs for working
mothers whose employers are encouraged to avail of it as part of their human resource development
programs.

To equip women of reproductive age with accurate information on maternal nutrition and
proper nourishment in preparation for successful and sustainable breastfeeding, the DOH is likewise
mandated to produce and make available relevant information and programs which should be
disseminated to all city, municipal and barangay health centers.

Employers are also highly encouraged to develop breastfeeding or lactation support
programs, in accordance with Section 10 of this Act. the main functions of which are to assess the
needs of lactating women in their company and provide pregnant and lactating employees with
adequate information regarding lactation management in the form of brochures, pamphlets and other
educational materials.

SEC. 24. Classes for Mothers of Infants and Pregnant Women. - In health education classes
for mothers of infants and pregnant women, health workers and community workers. shall
emphasize the benefits of breastmilk and the hazards and risks of the improper production,

9


preparation and use of infant formula or other breastmilk substitutes. Feeding with infant formula
shall be demonstrated only to mothers who may not be able to breastfeed for medical or other
legitimate reasons.

Manufacturers and distributors of products covered by this Act, and their representatives and
marketing personnel shall not, as part of their job responsibilities or in any professional capacity,
perform educational functions in relation to pregnant women or mothers of infants.

SEC, 25. Mandatory Information. - Informational and educational materials, whether
written, audio, or visual, produced by any person, which refer to infant and young child feeding,
shall:

a) Contain only correct and current information and shall not use any picture or text that
encourage bottlefeeding or discourage breastfeeding;

b) Be written in English and Filipino or the appropriate dialect;

©) Not give an impression or create a belief that a covered product is equivalent to,
comparable with or superior to breast milk or to breastfeeding;

d) Not contain the name or logo of any covered product nor of any manufacturer or
distributor of a covered product; and

©) Clearly and conspicuously explain each of the following points:
1) The benefits and superiority of breastfeeding:
2) The value of exclusive breastfeeding for a minimum of six (6) months

followed by sustained breastfeeding for two (2) years and beyond;

3) Maternal nutrition and the preparation for and maintenance of breastfeeding,

particularly how to initiate and maintain exclusive and sustained
breastfeeding;

4) Why itis possible but difficult to reverse a decision not to breastfeed:

5) The importance of introducing complementary foods from the age of six (6)

6) How and why any introduction of bottlefeeding or early introduction of
complementary food negatively affects breastfeeding:

7) That complementary food should only be introduced when the infant reaches
six (6) months of age and can easily be prepared at home using local

ingredients;

8) at non-human milk, such as infant formula or follow-up formula, is not a
sterile product and may contain harmful microorganism:
9) Include the social and financial implications of the use of non-human milk;

SEC. 26. Information and Educational Materials About Non-Human Milk, Infant Formula,
Follow-up Formula or Feeding Bottles. ~ If due to medical reasons, mothers need to receive
information on breastmilk substitutes, bottlefeeding or formula feeding, it shall be produced
separately from materials on breastfeeding. Materials on breastfeeding should not contain
information on bottlefeeding or formula feeding, as this gives the impression that they are of equal
value to or can replace breastfeeding. Any information on bottlefeeding or formula feeding shall be
produced separately and distributed only to mothers advised by medical professionals to use
breastmilk substitutes due to medical reasons.

The educational material must also include the following points:

a) Instructions for the proper preparation and use of the product, including cleaning and
sterilization of feeding utensils, and in the case of powdered non-human milk, such
as infant formula or follow-up formula, such instructions should adhere to guidelines
formulated by the WHO and FAO:

b) How to feed infants with a cup;

©) The health hazards of formula feeding or non-human milk feeding and bottlefeeding,
of contamination and improper preparation of the product;

d) Why non-human milk itself may not be sterile and the possibility of industrial errors;

10


©) The approximate financial cost of feeding an infant with such a product in the
recommended quantities; and
f) Infant formula is not a sterile product and may contain harmful organisms.

SEC. 27. Product Information for Health Workers. - Manufacturers and distributors may
give materials about covered products to health workers if such materials:

a) _ Are restricted to scientific and factual matters regarding the technical aspects and
methods of the use of the product;
b) Provide references to published studies to support any representation that states or

suggests that a relationship exists between the product or constituent thereof and
health, growth or development; and

©) Are otherwise in accordance with this chapter.

d) False or misleading information or claims in relation to covered products are
prohibited.

SEC 28. Submission of Materials to and Prior Approval of the IAC. — Any person who
produces or distributes any information and educational materials shall submit copies to and seek
the prior written approval of the Inter-Agency Committee created under of this Act, according to
procedures as shall be prescribed.

'C 29. Breastfeeding as Part of the Curriculum. — To encourage and promote
breastfeeding, in coordination with the DOH, the Department of Education (DepED) shall formulate
a comprehensive education program on breastfeeding, to be incorporated in the elementary and
secondary curriculum. The Commission on Higher Education (CHED) and the Technical Education
and Skills Development Authority (TESDA) shall likewise ensure that breastfeeding and its
importance are emphasized in the appropriate subjects in the tertiary level, especially in the medical,
allied medical and health related collegiate and post-graduate courses, and in technical and
vocational education.

CHAPTER VIL
RESEARCH

SEC. 30. Research and Ethics Committee. - The DOH shall ensure that research conducted
for public policy purposes, related to infant and young child feeding, shall, at all times, be free from
any commercial influence or bias. Accordingly, the health worker or researcher involved in s
must disclose any actual or potential conflict of interest with the company/person funding the
research. In any event, such research and its funding shall be subjected to independent peer review.
Towards accomplishing these ends:

a) __ Assistance for research and clinical trials given by manufacturers and distributors are
allowed only upon approval by the Ethics Committee of the DOH. The same committee shall
monitor said researches.

b) The researches shall be conducted in accordance with an approved protocol. Any
changes in the protocol after it has been approved shall be subjected to a new review and approval
by the Ethics Committee.

©) __ Assistance for research may be allowed subject to the following conditions:

1) Researches involving well or ill infants and children as subjects shall be
limited to physiological factors and therapeutic studies:

2) These studies shall, in no case, be harmful to the subject; and

3) Assistance shall be limited to those with potential benefits for the particular
subject.

il


d) Recipients of research awards shall not allow themselves, their organizations or their
subjects to be used, directly or indirectly, for any promotional activity related to products within the
scope of this Act. These may be by way of display of posters and streamers patronizing the
company and their products or participating as lecturers/speakers, or giving testimonials in the
promotion of the products that undermine breastfeeding.

©) Assistance for support of laboratory costs, reagents and other materials shall be
allowed only upon approval and review by the Ethics Committee regarding their intended use based
on submitted protocol.

SEC. 31. Public Disclosure. - For purposes of transparency, a disclosure and/or disclaimer
of the sponsoring company shall be done by the company itself, health worker and researcher
involved through verbal declaration during public presentation of the research and in print upon
publication.

CHAPTER VIII
MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND
OTHER COVERED PRODUCTS

SEC. 32. Advertising, Promotions, Marketing. — (a) No advertising, promotional or
marketing materials, sponsorships and/or similar activities for covered products intended for infants
and/or young children up to two (2) years of age shall be allowed. This includes any of the same
which, while not referring directly to covered products, tend to convey subliminal messages or
impressions that undermine or compete with breast milk and breastfeeding, and/or exaggerate the
benefits and value of covered products.

(6) No advertising, promotional or marketing materials, sponsorships and/or activities
for milk products primarily intended for pregnant women and nursing mothers shall be allowed.

(©) _ Allother advertising, promotional or marketing materials shall be allowed only upon
review, examination and approval by the Inter-Agency Committee. No advertising, promotional or
other marketing materials for covered products intended for children twenty-four (24) months
onwards which are marketed as partial or total replacement of breast milk, including complementary
foods and feeding bottles, teats and pacifiers shall be printed, published, distributed, exhibited and
broadcasted or in any manner released to the public without the prior written consent and approval
of the Inter-Agency Committee. No blanket or general approval shall be allowed. Such written
approval must be specific in product and time-bound.

(4) False, misleading or deceptive advertisements of products covered by this Act are
prohibited.

EC. 33. Advertising Content. ~ a) No allowable advertising, promotion, and marketing of
covered products shall equate or make the product appear to be as good as or equal to breast milk or
breastfeeding, nor in any case undermine or have the effect of undermining breast milk or
breastfeeding as the optimal source of infant and young child nutrition, The total effect of any such
advertising, promotion or marketing should not directly or indirectly suggest that use of the product
would develop better individuals, translates to or is a manifestation of greater love for the infant or
young child, or significantly enhances such infant or young child’s health and nutrition, intelligence
or other abilities, or make any other similar claims, or in any manner bring better health to the baby
or other such exaggerated or unsubstantiated claim.

b) The following shall, in no event, be included in any advertising, promotional,
sponsorship and/or marketing campaign, literature or materials:

1) Texts, pictures, illustrations or other images, or information which discourage
or tend to undermine the benefits or superiority of breastfeeding;

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2) Any message, text or image, whether direct or subtle, which suggests or tends
to suggest that non-human milk is required by breastfeeding mothers to
produce mother’s milk;

3) Pictures or images of babies, children, mothers (pregnant or otherwise),
fathers, siblings, grandparents, other relatives or caregivers (such as yayas),
when such advertisement pertains to covered products, including, but not
limited to, the following:

() Picture of a woman breastfeeding;
(ii) Pictures or images of babies and children together with their mothers
or caregivers (such as yayas);

4) Texts, pictures or images that idealize the use of breastmilk substitutes or

supplements or other products covered by this Act, or that create the impression that

any such product is equivalent to or as good as breastmilk or breastfeeding; and

5) The terms “humanized”, “matemnalized”, “close to”, or “equal to” in

conjunction with or with reference to mother’s milk, or similar words or phrases, to

describe breast milk substitutes such as non-human milk.

(c) No advertising, promotional or marketing material shall carry the words “This is not
breast milk substitute” or words to that effect. Any such words indicated in such materials shall
not remove it from the purview of this Act, as provided in Section 6 hereof,

(4) All health and nutritional claims for any product covered by this Act are absolutely
prohibited in any advertisement, promotion, marketing, sales and sponsorship.

SEC. 34. Prohibition on Point of Sale. - There shall be no point of sale advertising, giving of
samples or any promotional devices to induce sales directly to the consumers at the retail level, such
as, but not limited to, special displays, discount coupons, premiums, rebates, special sales, bonus
and tie-in sales, loss-leaders, raffles, games and contests, prizes or gifts, for or pertaining, directly or
indirectly, to covered products intended for infants and/or young children from birth to twenty four
(24) months.

This provision shall not restrict the establishment of pricing policies and practices intended
to provide products at lower prices on a long-term basis, either at the wholesale or retail level, in
pharmacies, drugstores, where products and follow-up formula or milk supplements may be
purchased without prescription.

SEC. 35. Health and Nutritional Claims. — The following shall regulate health and
nutritional claims for Products:

a) —_No publication or announcement of health, nutritional or developmental claims or
findings pertaining, whether directly or incidentally, to Products shall be allowed, except in
scientific journals through scientifically proven studies embodied in peer-reviewed papers or
professional publications.

b) All health and nutrition claims of whatever tenor for Products shall be absolutely
prohibited. For this purpose, any phrase, word or image that connotes or contributes to the notion of
increased or more rapid development of emotional, intellectual, physical and other abilities of the
infant and young child, and other like impressions, shall not be allowed.

©) False, inaccurate, incomplete or misleading information or claims relating to
Products made by or on behalf of manufacturers, distributors and marketing personnel are
prohibited and will be subject to the severest penalty.

SEC. 36. Classes and Seminars for Women. — No manufacturer, distributor or marketing
firm, or their personnel or representatives shall be allowed to conduct or be involved in any activity
or event promoting breastfeeding, in the production and distribution of information and educational
materials on breastfeeding, or the holding of or participating as speakers in classes or seminars for

13


women and children’s activities, for the purpose of avoiding the use of these venues to market their
products, brands or company names.

SEC. 37. Inducements. ~ No financial or material inducements to promote covered products
shall be given, directly or indirectly, by manufacturers, distributors, marketing firms and their
personnel and representatives, nor shall this be accepted by mothers of infants and/or young
children, pregnant women, health workers, hospitals and other health institutions, as well as their
personnel within the health care system including members of their families.

SEC. 38. Prohibition on Samples and Supplies. - Samples and supplies of covered products
or equipmenvutensils for the preparation or use of these products from manufacturers, distributors,
marketing firms and their personnel and representatives shall not be allowed to be given, directly or
indirectly, to any member of the general public, mothers of infants and/or young children, pregnant
women, health workers, hospitals and other health institutions, as well as personnel within the
healthcare system, including members of their families. Manufacturers, distributors and marketing
firms of covered products, and their personnel and representatives, are prohibited from donating or
ing samples and supplies of covered products to any organization or group of individuals
involved in the distribution of goods in disaster, calamity or emergency areas.

SEC. 39. Prohibition on Gifts ~ Manufacturers, distributors and marketing firms of covered
products, and their personnel and representatives shall not give gifts of any sort to members of the
general public, mothers of infants and/or young children, pregnant women, health workers, hospitals
and other health institutions, as well as personnel within the healthcare system, including members
of their families, regardless of whether or not the same bear the company name, slogan, logo or
product or brand name.

CHAPTER IX
LABELS AND CONTAINERS

SEC. 40. Labels and Containers of Covered Products. — a) A manufacturer or distributor
shall not offer for sale or sell a covered product if the container or label affixed thereto includes a
photograph, drawing or other graphic representation other than for illustrating methods of
preparation.

b) _A manufacturer or distributor shall not offer for sale or sell a covered product, other
than a feeding bottle, teat or pacifier unless the container or label affixed thereto indicates in a clear,
conspicuous and easily readable manner, in English and Filipino, the following particulars:

1) Instructions for appropriate preparation and use in words and in easily
understood graphics;

2) The age after which the product is recommended in numeric figures and in
the case of a complementary food, the recommended age shall not be less
than six (6) months;

3) A warning that the product may not be sterile or may be dangerous due to
deficient or excessive components or contaminated.

4) A warning about the health risks of improper preparation and of introducing
the product prior to the recommended age;

5) The ingredients used;

6) The composition and nutritional analysis;

7) The required storage conditions both before and after opening, taking into
account climatic conditions;

8) The batch number, date of manufacture and date before which the product is
to be consumed, taking into account climatic and storage conditions;

9) The name and national address of the manufacturer or distributor; and

10) Such other particulars as may be prescribed.

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c) All health and nutritional claims for any covered product are absolutely prohibited in
any container and/or label thereof. A manufacturer or distributor shall not offer for sale or sell a
covered product if the container or label affixed thereto contains any representation that states or
suggests that a relationship exists between the product or constituent thereof and health, including
the physiological role of a nutrient in the physical, emotional, or intellectual growth and
development or normal functions of the body.

SEC. 41. Labels and Containers of Follow-Up Formula. ~ No manufacturer. distributor or
marketing personnel shall offer for sale nor sell any follow-up formula, unless the container or its
label, in addition to those provided in the next preceding provision, conforms to all of the following:

a) Contains the words “IMPORTANT NOTICE” in capital letters and in red color
indicated there under, the statement “Breastfeed milk is the only ideal milk for the healthy growth
and development of infants from 0-6 months and breastmilk with appropriate and safe
complementary foods are the ideal food for infants 6 months onwards, It protects against diarrhea
and many other illnesses”

This message shall be printed in all capital letters in red at the center lowermost level of the
principal display panel, the font type is arial and the font size of which must be at least one-half (2)
of the size of the biggest letter on the label in English and Filipino.

b) Contains the word “WARNI.

” and indicated thereunder, the statement
“There is no substitute for breast milk.”
and

“Before deciding to supplement or replace breastfeeding
with this product, seek the advice of a health professional. It is
important for your baby’s health that you follow all preparation
instructions carefully. If you use a feeding bottle, your baby may
refuse to feed from the breast. It is more hygienic to feed from a

cup’

rhis message shall be printed in all capital letters in red at the center lowermost level of the
principal display panel, the font type is arial and the font size of which must be at least one-half (4)
of the size of the biggest letter on the label in English and Filipino.

©) States in preparation instructions for non-human milk that it is not a sterile product
and may be contaminated with microorganisms during the manufacturing process or may become
contaminated during preparation;

d) Includes a feeding chart in the preparation instructions;

e) Does not use the terms “maternalized”, “humanized” or terms similar thereto or any

comparison with breast milk;

f) Does not use text or pictures that may tend to discourage breastfeeding or idealize
bottle feeding:

2) Specifies the source of the protein; and

h) In the case of follow-up formula, states that the product shall not be used for infants
less than six (6) months old.

SEC. 42. Labels and Containers of Complementary Food. — A manufacturer or distributor
shall not offer for sale or sell complementary food unless the container or label affixed thereto, in

15


addition to the requirements of Section 41 contains the word “WARNING” and indicated there
under, the statement “Before deciding to supplement breastfeeding with this product, seek the
advice of a health professional. It is important for your baby’s health that you follow all preparation
instructions carefully”

This message shall be printed in all capital letters in red at the center lowermost level of the
principal display panel, the font type is arial and the font size of which must be at least one-half (/4)
of the size of the biggest letter on the label in English and Filipino.

SEC. 43. Labels and Containers of Other Milk. — A manufacturer or distributor shall not
offer for sale or sell any milk, not a product covered by this Act as provided in Section 5(jj) and 6 of
this Act, in powder or liquid form, unless the container or label affixed thereto contains the words

“WARNING:” This product should not be used to feed infants and young children”.

‘This message shall be printed in all capital letters in red at the center lowermost level of the
principal display panel, the font type is arial and the font size of which must be at least one-half (14)
of the size of the biggest letter on the label in English and Filipino.

SEC. 44. Labels and Containers of Feeding Bottles and Teats. — A manufacturer or
distributor shall not offer for sale or sell a feeding bottle or teat unless the package or label affixed
thereto, in addition to the requirements of Section 40. indicates in a clear, conspicuous and easily
readable manner, in English and Filipino, the following particulars:

(a) _ The words “IMPORTANT NOTICE” in capital letters and indicated there under, the
statement “Breastfeeding is best. Breast milk is the only ideal milk for the healthy growth and
development of infants and young children up to three years and beyond. It protects against
diarrhea and many other illnesses”. This message shall be printed in all capital letters in red at the
center lowermost level of the principal display panel, the font type is arial and the font size of which
must be at least one-half (4) of the size of the biggest letter on the label in English and Filipino:

(6) The statement “WARNING: It is important for your baby’s health that you follow
the cleaning and sterilization instructions very carefully. If you use a feeding bottle, your baby may
no longer want to feed from the breast. Children should not be left to self-feed for long periods of
time because extended contact with sweetened liquids, including non-human milk, may cause dental
carries and misalignment. It is more hygienic to feed from a cup.” This message shall be printed in
all capital letters in red at the center lowermost level of the principal display panel, the font type is
arial and the font size of which must be at least one-half (¥4) of the size of the biggest letter on the
label in English and Filipino;

(©) _ Instructions for cleaning and sterilization in words and graphics;
(4) A statement explaining that feeding with a cup is more hygienic than bottle feeding:

(©) A warming that children should not be left to self-feed for long periods of time
because extended contact with sweetened liquids, including non-human milk, may cause severe
tooth decay; and

() The name and national address of the manufacturer or the distributor.

SEC. 45. Labels and Containers of Pacifiers. — A manufacturer or distributor shall not offer
for sale or sell a pacifier unless, in addition to the requirements of Section 40, it is labeled with the
statement “WARNING: Use of a pacifier can interfere with breastfeeding and may cause dental

arries and misalignment”. This message shall be printed in all capital letters in red at the center
lowermost level of the principal display panel, the font type is arial and the font size of which must
be at least one-half (14) of the size of the biggest letter on the label in English and Filipino.

16


SEC. 46. Infant Feeding Warning. - Food products marketed for infant feeding which do not
meet all the requirements of an infant formula but which can be modified to do so, shall carry a
waming on the label that the modified product shall not be the sole source of nourishment of an
infant.

SEC. 47. Authority of the FDA. - In addition to the requirements in the immediate preceding
paragraphs, the labels of all products covered by this Act shall conform with the rules and
regulations of the FDA.

CHAPTER X
HEALTH CARE SYSTEM AND HEALTH WORKERS

SEC. 48. Health Care System. — a) No facility of the health care system shall be used for the
purpose of promoting breastmilk substitutes and milk supplements, and other Products. However,
this does not preclude the dissemination of information to health workers as provided in Section 27.

b) __ Facilities of the health care system shall not be used for the display of products
covered by this Act or of placards, posters and materials relating to or concerning such products.

¢) Manufacturers, distributors and marketing firms or their representatives are
prohibited from using the health workers and the health care system in the production,
dissemination, distribution and promotion of Products

d) The use by the health care system of professional service representatives, or
mothercraft nurses or similar personnel, provided or paid for by manufacturers or distributors shall
not be permitted.

©) No advertising, promotion, marketing, sponsorship or similar activities for
complementary food shall take place in a health care facility nor undermine breastfeeding in any
way.

SEC. 49. Health Worker Responsibilities. ~ Heads of health institutions and national and
local health authorities shall take measures to encourage and protect breastfeeding and to promote
this Act. They shall ensure that health workers are supported to breastfeed their own children for
three years and beyond, are familiar with all of the information specified in this Act and give
information and advice to health workers regarding their responsibilities under this Act. In this
regard, health workers shall:

a) Encourage, support and protect breastfceding. They are expected to know the
provisions of this Act;

b) Strive to eliminate practices that directly or indirectly retard the initiation and
continuation of breastfeeding, such as pre-lacteal feeds and separation of mother and child during.
their stay in healthcare facilities: and

©) ___ Report in writing to the head of his or her workplace, who shall in turn report to the

IAC, any offer he or she receives for a sample or gift or other benefit from a manufacturer or
distributor or any other contravention of the provisions of this Act.

CHAPTER XI
QUALITY

SEC. 50. Quality —The following standards _ must be observed in the production and
marketing of products under this Act:

7


a) The quality of products covered under this Act is an essential element for the protection
of the health of infants and young children, and therefore shall be of high recognized
standard.

b) Food products covered by this Act shall, when sold or distributed, meet applicable
standards recommended by the Codex Alimentarius Commission and the Codex Act of
Hygienic Practice for Foods for Infants and Young Children.

©) To prevent quality deterioration, adulteration or contamination of food produets covered
under this Act, distribution outlets, including the smallest sari-sari store, shall not be
allowed to open cans and boxes for the purpose of retailing them by the cup, bag or in
any other form.

CHAPTER XII
DONATION

SEC. 51. Donations - Donations of products covered by this Act from manufacturers and
distributors or their marketing firms, personnel or representatives shall not be allowed.

SEC. 52. Donations Products Not Covered by This Act. ~ Donations of products, equipment,
and the like, not otherwise falling within the scope of this Act or its IRR, given by milk companies
and their agents, representatives, whether in kind or in cash, may only be coursed through the
Department, whose Secretary shall determine whether such donation can be accepted or otherwise.

CHAPTER XIII
IMPLEMENTATION AND MONITORING

SEC. 53. Implementation. — The Department is principally responsible for the
implementation of this Act. The Secretary shall, when necessary, call upon other departments to
ensure the implementation and enforcement of this Act.

SEC. 54. Powers and Functions. ~ For the purpose of implementing this Act, the Secretary
has the following powers and functions:

a) To promulgate such rules as are necessary or proper for the implementation of this Act
and the accomplishment of its purposes and objectives;

b) To call for consultations with and request for assistance from government agencies,
nongovernment organizations, civil society representatives, concerned international
agencies and other interested parties to ensure implementation of this Act, and to
monitor and enforce strict compliance thereto and to the rules promulgated hereunder;

¢) To lead the monitoring of compliance and violations, with assistance from other
government organizations and other partner agencies and non-government organizations;

d) To conduct, with the assistance of other government agencies, professional and non-
government organizations and internationally recognized experts continuing information,
eduction, re-educatin, and training programs for physicials, nurses, midwives,
butritionist dieticians, community health workers and traditional birth attendants and
other health personnel or current and updated management.


e) To cause the enforcement of this Act; and

f) To exercise such other powers and functions that may be necessary for or incidental to
the attainment of the purposes and objectives of this Act, including but not limited to:

1) Advising the President on national policy for the promotion and protection of
breastfeeding;

2) Creating regional committees to carry out the functions of the IAC at the regional
level, as may be prescribed:

ing the President on designing a national strategy for developing
communication and public education programs for the promotion of
breastfeeding; information and educational materials on the topics of infant and
young child feeding; continuing education for health workers on lactation
‘management and the requirements of this Act; curricula for students in the health
professions that include lactation management and to ensure widespread
distribution of and publicity concerning this Act, in a method as may be
prescribed; and

4) Reviewing and reporting violations or other matters concerning this Act and
when appropriate, filing the necessary administrative, civil action and/or criminal
action.

SEC. 55. Inter-Agency Committee (IAC) ~ An Inter-Agency Committee is hereby created
under the Department of Health,

a) Composition. — The Inter-Agency Committee (IAC) shall be composed of the following
members:

1) Secretary of Health;

2) Secretary of Trade & Industry;

3) Secretary of Justice;

4) Secretary of Social Welfare and Development;

5) Secretary of Education;

6) Head of the Food and Drug Administration; and

7) A representative from one (1) nongovernmental organization, which
advocates breastfeeding: Provided, That it adheres to the standards of international ethics,
does not hold any clearly conflicting interests and does not receive donations or support of
any kind from manufacturers, distributors and marketing personnel

The Secretary of Health shall convene and chair the IAC with the FDA acting as its
member/secretariat. The members may designate their duly authorized representative to every
meeting of the IAC: Provided, That such representative must be familiar with the provisions of this,
‘Act and has competence and experience in the field of public health policy-making and/or project
implementation; Provided, Further, That no representative to the IAC shall have direct or indirect
material interest in any manufacturer or distributor of any product covered by this Act: Provided,
Finally, That the duly designated representative shall hold a rank not lower than an Undersecretary.

b) Functions. — The Committee shall have the following powers and functions:

19


1) To review and examine all advertising, promotion or other marketing
materials, whether written, audio or visual, including, but not limited to, those shown in
cinemas and theater and those transmitted through TV, radio, newspaper, mail, email, text
messages, telephone calls and websites on covered products which are not included in the
absolute advertising ban under Section 32(a) of this Act;

2) To approve or disapprove, delete objectionable portions from and prohibit the
printing, publication, distribution, exhibition and broadcast of, all advertising promotion or
other marketing materials, whether written, audio or visual, including, but not limited to,
those shown in cinemas and theater and those transmitted through TV, radio, newspaper,
mail, email, text messages, telephone calls and websites on covered products which are not
included in the absolute advertising ban under Section 32(a) of this Act

xercise of its
under this

3) _ To prescribe the internal and operational procedure for the
powers and functions as well as the performance of its duties and responsibil
Act;

4) To call the assistance of government agencies and the private sector, to
ensure the implementation and enforcement and strict compliance with the provisions of this
Act and its rules and regulations:

5) To receive a written complaint lodged by any person relating to a violation of
any provision of this Act or its implementing rules and regulations (IRR) and on the basis
thereof, immediately order the investigation of the complaint by the FDA and, withi
(30) days from receipt of the complaint, recommend actions to be i
offending company, person or persons; and

6) _ To exercise such other powers and functions as may be necessary for the
attainment of the purposes and objectives of this Act.

CHAPTER XIV.
ADMINISTRATIVE AND CRIMINAL ACTIONS.

SEC. 56. Role of Food and Drug Administration (FDA). ~ The FDA shall investigate and
verify reports of violations and shall report its findings to the IAC and to the Department, When
appropriate, it shall apply administrative sanctions against the violators; and/or cause the filing of
criminal complaints against persons and entities found to have violated, singly or repeatedly, the
provisions of this Act or its IRR.

SEC. 57. Citizen Suits. — For purposes of enforcing the provisions of this Act or its IRR.
any citizen may file an appropriate civil, criminal or administrative action, including one for
damages for any harm suffered as a result of a violation of any provision of this Act, in the proper
courts against:

(@) Any person who violates or fails to comply with the provisions of this Act or its IRR:

(b) Any person who violates the terms and conditions set forth by the Department or the
TAC; and

(©) Any public officer, including any member of or representative to the IAC, who
willfully or grossly neglects the performance of an act especially required as a duty by this Act or its
IRR; or abuses his/her authority in the performance of his/her duty; or, in any manner, improperly
performs his/her duties under this Act or its IRR: Provided, however, That no suit can be filed until
after thirty (30) days from notice given to the concerned public officer and the alleged violator or
violators, and no appropriate action has been taken thereon.

20


The court shall exempt such action from the payment of filing fees, except fees for actions
not capable of pecuniary estimation, and shall. likewise, upon prima facie showing of the non-
enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond
for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the complaint filed herein is
malicious and baseless and shall accordingly dismiss the action and award attorney’s fees and
damages, as it may deem appropriate.

SEC. 58. Independence of Action. ~ The filing of an administrative suit against any person
or entity under the preceding section does not preclude the right of any other person to file any
criminal or civil action. Such criminal and/or civil action shall proceed independently.

SEC. 59. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act. ~ Where a suit is brought against a person who filed an action as provided
in Section 57 of this Act, or against any person, institution or government agency that implements
this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to
immediately make a determination not exceeding thirty (30) days, whether such legal action has
been filed to harass, vex, exert undue pressure, or stifle legal resources of the person complaining or
of enforcing the provisions of this Act. In case of such determination, the investigating prosecutor or
the court shall dismiss the case and award attorney’s fees and damages, as it may deem appropriate.

SEC. 60. Lien Upon Personal and Immovable Properties of Violators. ~ Fines and penalties
s Act shall be liens upon personal and immovable properties of the violator.
Such lien shall, in case of insolvency of the respondent violator, enjoy preference subsequent to
laborer’s wages under Articles 2241 and 2242 of Republic Act No. 386 or the New Civil Code of
the Philippines.

SEC. 61. Liability of Mamufacturers/Distributors. ~ Manufacturers and distributors of the
products covered by this Act shall be directly liable for any violation of the provisions of this Act
and its IRR. Should the offense be committed by a juridical person, the chief operating officer, chief
executive officer, principal investors, general manager, or the partners and/or the persons directly
responsible therefore, shall be made accountable.

Agents/representatives of the manufacturers or distributors of the products covered by this
Act, who commit any violation of its provisions or its IRR shall be jointly and solidarily liable with
the said manufacturers and distributors.

The separate and/or distinct legal personality of the manufacturer or distributor
notwithstanding, the chief operating officer, chief executive officer, and principal investors of the
proponent firm shall be jointly and severally liable for any financial liability or award of damages
made by the court. The same shall apply to transnational corporations and foreign firms licensed to
do business in the Philippines.

CHAPTER XV
ADMINISTRATIVE SANCTIONS

SEC. 62. Administrative Sanctions. — The following administrative sanctions shall be
imposed upon any person, juridical or natural, found to have violated the provisions of this Act and
its IRR:

(a) Ist violation — Administrative fine of a minimum of One hundred thousand pesos

(P100,000.00) to Two hundred thousand pesos (P200,000.00) depending on the gravity and extent
of the violation, including the recall of the offending product;

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(b) 2nd violation — Administrative fine of a minimum of Two hundred thousand pesos
(P200,000.00) to Three hundred fifty thousand pesos (P350,000.00), depending on the gravity and
extent of the violation, and in addition thereto, the recall of the offending product, and suspension of
the Certificate of Product Registration (CPR);

(c) 3rd violation — Administrative fine of a minimum of Three hundred fifty thousand
pesos (P350,000.00) to One million pesos (P1,000,000.00), depending on the gravity and extent of
the violation, and in addition thereto, the recall of the product, revocation of the CPR, suspension of
the license to operate (LTO) for one (1) year;

(@) _ 4th and succeeding repeated violations ~ Administrative fine of Two million pesos
(P2,000,000.00), the recall of the offending product, cancellation of the CPR, revocation of the LTO
of the company concemed, including the blacklisting of the company to be furnished the
Department of Budget and Management (DBM) and the DTI; and

(©) Anadditional penalty of Twenty thousand pesos (P20,000.00) per day shall be made
for every day the viclation continues after having received the order from the IAC or such other
appropriate body, notifying and penalizing the company for the infraction

For purposes of determining whether or not there is “repeated” violation, each product
violation belonging or owned by a company. including those of their subsidiaries, are deemed to be
violations of the concerned manufacturer or distributor and shall not be based on the specific
violating product alone.

SEC. 63. Against Public Employees. — In accordance with the Administrative Code of 1987
and pertinent civil service rules and regulations, erring government employees found to be liable,
and depending on the gravity of said violation, shall be imposed the appropriate penalty by the
disciplining authority.

CHAPTER XVI
CRIMINAL PENALTIES,

SEC. 64. Criminal Penalties. — The following penalties shall be imposed upon any person
who violates the provisions of this Act:

a) __ Any person who violates the provisions of this Act or its rules and regulations issued
pursuant to this Act shall, upon conviction, be punished by a penalty of not less than one (1) year to
not more than six (6) years imprisonment or a fine of not less than One Hundred thousand pesos
(Php100,000.00) but not more than Two million pesos (Php 2,000,000.00) or both at the discretion
of the court. Should the offense be committed by a juridical person, the Chairman of the Board of
Directors, the president, general manager, or the partners and/ or the persons directly responsible
therefore, shall be penalized; and

b) Any license, permit or authority issued by any government ageney to any health
worker, distributor, manufacturer, or marketing arm or personnel for the practice of their
professional or occupation, or for the pursuit of their business, may, upon recommendation of the
Department of Health or the IAC, after due notice and hearing, be suspended or revoked for
violations of this Act, or of its implementing rules and regulations issued pursuant to this Act.

c) _ Any importation of a product covered by this Act that has been recalled or
withdrawn from the domestic or foreign or international market due to contamination or for any
reason whatsoever, or which is past its expiry date as indicated in the label, shall be deemed as
illegal importation of a prohibited and/or dangerous drug, and those responsible shall be prosecuted
and the penalties under the Dangerous Drugs Act imposed. In addition, the manufacturer,
distributor, marketing personnel and importer of the same shall be subject to fines and possible loss
of its license, authority or permit to operate in the Philippines.

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CHAPTER XVIL
MISCELLANEOUS PROVISIONS

EC. 65. Continuous Review on Prescription Policy. ~ The Department shall evaluate
every year, or as necessary, its policy of whether or not to subject the sale of infant formula, to
prescription.

SEC. 66. Brand Names and Corporate Logo Idemification. - Brands, brand names or
trademarks of products covered by this Act must be used exclusively for the said products, Should
brands, brand names or trademarks which are identical or obviously similar to, or variants of said
covered products, the prohibition on advertising, marketing, promotions, sales and sponsorships
shall likewise apply to those products. A variant of the brand, brand name or trademark refers to a
brand, brand name or trademark on which a modifier or any work or term is prefixed or suffixed to
the root word. The Department shall periodically review whether or not to allow the use of
corporate logos of covered products which are similar to the logos utilized for products not covered
by this Act, including the physical appearance of the container, taking into consideration the
possibility of product confusion, the balance between a free market economy as against the decline
and fall of breastfeeding rates among mothers and WRA, and public welfare and benefit being its
ultimate yardstick. Accordingly, any modification of existing policy should first undergo public
consultations with all concemed stakeholders before its actual implementation.

SEC. 67. Incentives — Pursuant to Section 19 of R.A. No. 7600, as amended, the expenses
incurred by private institutions in complying with the provisions of Chapters III and IV of this Act,
shall be deductible expenses for income tax purpose up to twice the actual expenses incurred
Provided, That the deduction shall apply for the taxable period when the expenses were incurred.
Provided, further, That such facilities, establishments or institutions shall secure a “Working
Mother-Baby-Friendly Certificate” from the Department of Health, to be filed with the Bureau of
Internal Revenue, before they can avail of the incentive.

Government institutions shall receive an additional appropriation equivalent to the savings
they may derive as a result of adopting rooming-in and breastfeeding. The additional appropriation
shall be included in their budget for the next fiscal year.

SEC. 68. Advertisements — Pursuant to Section 18 of R.A. No. 7600, as amended, health and
non-health facilities and institutions may advertise themselves as “Baby Friendly” if they comply
with at least 80% of the requirements to become a “Baby Friendly” health facility under Chapters
III and IV of this Act, and business and other work institutions may advertise themselves as
“Mother Friendly Employers” if they comply with all the requirements under Section 14 and 18 of
R.A. No. 7600, as amended, and Chapter III of this Act.

CHAPTER XVIII
FINAL PROVISIONS

SEC. 69. Suppletory Provision. ~ The provisions of RA No. 7600, as amended, shall have
suppletory application on matters not provided for in this Act.

SEC. 70. Implementing Rules and Regulations (IRR). ~ The DOH, in consultation with other
government agencies, shall issue the IRR for this Act within one hundred twenty (120) days from its
effectivity.

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SEC. 71. Separability Clause. - The provisions of this Act are hereby deemed separable. If
any provision thereof be declared invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions which shall remain in full force and effect.

SEC. 72. Repealing Clause. - All laws, orders, issuances, and rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 73. Effectivity. - This Act shall take fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Approved,

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