Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

House BILL No. 8779

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

This bill recognizes the importance of breastfeeding to babies. It also
celebrates and advances the right of women to their bodies and health. Hence, this
Representation urges the promotion of breastfeeding among Filipino mothers, and
calls for the convenience and safety of women in their exercise of this sacred right to
provide much-needed nourishment to their infants at all times. Furthermore, this bill
reiterates that breastfeeding shall always be preferred to infant formula of any kind
and provides for the regulation of breastmilk substitutes.

Breast milk is of critical importance to the health of infants. Tagged as the
perfect meal for babies, breast milk is packed with proteins, bacteria and sugars that
serve as the baby's first vaccine and aid in the development of important organ
systems. These vitamins and minerals are exclusively produced by the mother's
body and are not found in any infant formula. It is alarming that only a third of Filipino
children under six (6) months are breastfed exclusively, a United Nations study
reports.

Social studies further reveal that breast milk does not only give babies the
best possible start in life. Investing in breast feeding may actually generate nations
up to US$300 billion in economic gains over 10 years, as a result of reduced illness
and health care costs and increased productivity’. Breastfeeding mothers may also
benefit in anovulation and post-partum abstinence which lengthen the intervals
between pregnancies and childbirth. As a result, parents are better able to take care
of the new child as they focus their time and financial resources on the new member
of the family. In nations like the Philippines where income is generally low, fertility
rate is high, and the use of modern family planning methods is at a minimum,
breastfeeding provides mothers more time to recover, and even go back to work.

" https://reliefweb.int/report/philippines/unicef-who-urge-philippine-government-improve-public-investment-
support


In line with the foregoing, the bill mandates an information dissemination drive
that shall empower women to breastfeed their children whenever necessary, and
dissolve the stigma against it. This bill affirms that breastfeeding in public is not
indecent exposure. Hence, the workplace and other public spaces are hereby
mandated to provide safe, convenient and sanitary spaces for women to breastfeed
their infants.

There is no substitute equal to a human mother’s breast milk. This message
shall be strengthened by the educational materials to be provided to students and
women under the education campaign by the Department of Health (DOH). The
same shall be plastered in all forms of advertisements endorsing breast milk
substitutes. Additionally, 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 distribution of written
information materials on such matters free of charge.

The health of our children and women is of such transcendental importance to
this nation that it is enshrined in our Constitution and protected in various laws.
Unfortunately, we still suffer from a slow increase in the percentage of children below
six (6) months who are exclusively breastfed. Hence, this Representation is
compelled to take urgent and tangible steps to address this concern.

In light of the foregoing premises, the swift passage of this bill is humbly
sought.

b

LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines:
HOUSE OF REPRESENTATIVES
Que3on City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8779

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TO PROTECT, TO PROMOTE, AND SUPPORT BREAST FEEDING PRACTICES
THROUGH PROPER INFANT 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 1
GENERAL PROVISIONS.

SECTION 1. Title. — This Act shall be known as the “Breastfeeding Promotion and
Breastmilk Substitute Regulation Act’.

SECTION 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 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.

SECTION 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;

qd)

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;

f) To promote a mother-and baby-friendly environment in every health care
institution, facility, health care organization and association, office, school and
all public 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.

SECTION 4. Aid 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.

SECTION 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. 7394, 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.

9) 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.

|) 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) DTI shall refer to the Department of Trade created pursuant to Executive
Order No. 94.

©) 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.

) FAO shall refer to the Food and Agriculture Organization.

D

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),

s)

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
puericulture 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. Tradition 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”.

z)

1YCF 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

cc) 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 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.

ee)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.

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

hh) 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,
animal milk, evaporated, condensed, skimmed or low-fat, reconstituted milk
and milk prepared at home in which case it is described as “Home-prepared”.

jj) 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.

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. 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.

nn) 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.

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

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

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

tt) WHO shall refer to the World Health Organization.

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

SECTION 6. Scope and Coverage. - This Act shall apply to the marketing and
practices related thereto, as well as the quality, availability and information
concerning the use of the products as defined in Section 5(j), 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 products 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 I
PROGRAM ON THE PROMOTION OF BREASTFEEDING

SECTION 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 concerned with
the promotion of the right to health and breastfeeding, within six (6) months from the
effectivity of this Act.

CHAPTER Ill
RIGHT TO BREASTFEED AND TO BREASTMILK

SECTION 8. Right of the Mother to Breastmilk. — 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 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.

SECTION 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.

SECTION 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;

4) 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

e) 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.

SECTION 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.

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

CHAPTER IV
ROOMING-IN AND BREASTFEEDING OF INFANTS.

SECTION 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.

SECTION 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.

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

SECTION 16. Deliveries Outside Health Institutions. - Newborns 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.

SECTION 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 breastfeeding;

c) 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.

SECTION 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
EXTENDED BREASTFEEDING AND WEANING

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

SECTION 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

SECTION 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,
families, 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.

b) The DOH shall give appropriate information, training and advice to health
workers with regard to their responsibilities under this Act and related laws on
infant and young child nutrition and breastfeeding.

SECTION 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.

SECTION 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.

SECTION 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, 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.

SECTION 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;

c) 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;

) 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 it is possible but difficult to reverse a decision not to breastfeed;

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

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. That non-human milk, such as infant formula or follow-up formula, is
not a sterile product and may contain harmful microorganisms; and

9. Include the social and financial implications of the use of non-human
milk.

)

SECTION 26. Information and Educational Materials About Non-Human Milk,
Infant Formula, Follow-up Formula or Feeding Bottles. — \f due to medical
feasons, 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;

c) 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;

e) 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.

SECTION 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;

c) Are otherwise in accordance with this chapter; and

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

SECTION 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.

SECTION 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 VII
RESEARCH

SECTION 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 such 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:
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.

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.

e)

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.

SECTION 30. 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

SECTION 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.

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

(c) All other 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
teleased 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.

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

SECTION 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;

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:

(i) 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
oF as good as breastmilk or breastfeeding; and

5) The terms “humanized”, “maternalized”, “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.

©) No advertising, promotional or marketing material shall carry the words “This
is not a 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.

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

SECTION 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.

SECTION 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.

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.

b)

°)

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

SECTION 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.


SECTION 38. Prohibition on Samples and Supplies. - Samples and supplies of
covered products or equipmentlutensils 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 giving 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.

SECTION 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.

SECTION 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. Awarning 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.

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.

SECTION 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.

b)

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 (/%) of the size of the biggest
letter on the label in English and Filipino.

c) Contains the word “WARNING” 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.”

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 (1/2) of the size of the biggest letter on the label in English and
Filipino.

a) 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;

b) Includes a feeding chart in the preparation instructions;

c) Does not use the terms “maternalized", “humanized” or terms similar
thereto or any comparison with breast milk:

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


e) Specifies the source of the protein; and
f) In the case of follow-up formula, states that the product shall not be used
for infants less than six (6) months old.

SECTION 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 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 (1/2) of the size of the biggest letter on the label in English and
Filipino.

SECTION 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 (ii) 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 (1/2) of the size of the biggest letter on the label in English and
Filipino.

SECTION 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 (1/2) 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 (1/2) of the size of the biggest
letter on the label in English and Filipino;

(©) Instructions for cleaning and sterilization in words and graphics;

@

A statement explaining that feeding with a cup is more hygienic than bottle

feeding;

(e) 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

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

SECTION 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 carries 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 (1/2) of the size of the biggest letter on the label in English and
Filipino.

SECTION 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 warning on the label that the modified product shall
not be the sole source of nourishment of an infant.

SECTION 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

SECTION 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
mother craft nurses or similar personnel, provided or paid for by
manufacturers or distributors shall not be permitted.

e) 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.

SECTION 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 responsil s under this Act. In this regard, health
workers shall:

a) Encourage, support and protect breastfeeding. 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

c) Report in writing to the head of his or her workplace, who shall in tum 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

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

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
products 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 Xil
DONATION

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

SECTION 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 XiIll
IMPLEMENTATION AND MONITORING

SECTION 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.

SECTION 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, education, re-education, and training programs for
physicians, nurses, midwives, nutritionist 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:

3. Advising 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.

SECTION 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
memberisecretariat. 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:

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

3) To prescribe the internal and operational procedure for the exercise of
its powers and functions as well as the performance of its duties and
responsibilities under this 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, within thirty (30) days from receipt of the complaint,
recommend actions to be instituted against the 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.

SECTION 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.

SECTION 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:
(2) 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 IAC; and
(c) 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.


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.

SECTION 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.

SECTION 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.

SECTION 60. Lien Upon Personal and Immovable Properties of Violators, —
Fines and penalties imposed pursuant to this 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.

SECTION 61. Liability of Manufacturers/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

SECTION 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) 1st 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;
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);
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 concerned, including the
blacklisting of the company to be furnished the Department of Budget and
Management (DBM) and the DTI; and
‘An additional penalty of Twenty thousand pesos (P20,000.00) per day shall
be made for every day the violation continues after having received the
order from the IAC or such other appropriate body, notifying and penalizing
the company for the infraction.

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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 concemed manufacturer or
distributor and shall not be based on the specific violating product alone.

SECTION 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

SECTION 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 agency 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.

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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.

CHAPTER XVII
MISCELLANEOUS PROVISIONS,

SECTION 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.

SECTION 66. Brand Names and Corporate Logo Identification. — 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 concerned stakeholders before its actual implementation.

SECTION 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 II! 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.

SECTION 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 IIT and TV 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 111 of this Act.

CHAPTER XVIII
FINAL PROVISIONS

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

SECTION 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.

SECTION 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.

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

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

Approved,