>” RECEIVED

SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

tative Maximo B. Rodriguez, Jr.

House Bill No, 36.44

EXPLANATORY NOTE

The FNRI 2011 Survey showed that the 3 main reasons mothers gave for stopping
breastfeeding are: Inadequate milk flow, 32.4%; Working outside home/too busy, 20.3% and
Child refused to breastfeed. To help address this situation, the bill seeks to protect and
further enable women in obtaining their right to proper nutrition, to decide how to feed their
children, and to full information and appropriate conditions that will enable them to carry out
their decisions in consideration of their beliefs, physical capacity, and other circumstances,
and further, in consonance with relevant provisions of the Consumer Act of the Philippines,
the Expanded Breastfeeding Promotion Act of 2009, particularly on the rights of
breastfeeding working mothers in the workplace and relevant agreements under the
auspices of the International Labor Organizations.

But more importantly, the bill promotes the mothers’ freedom to access free,
complete, and unbiased information on the different modes of infant nutrition, and to freely
choose the best mode in consideration of the mothers’ beliefs, physical capacity, and other
circumstances.

This bill seeks to build on House bill 2917 from the 16th Congress filed by this
representation et al which in turn is based on a consolidated version of House Bills No.
3396, 3525, 3627 and 3537 in the 15th Congress, prepared after exhaustive hearings and
discussions by the Technical Working Group of the Standing Committees on Health and on
Trade & Industry. Hence, the author is re-filing the measure in the present Congress

In view of the foregoing, swift approval of this measure is earnestly sought

ik

MAXIMO B. RODRIGUEZ, JR.

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SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

epresentative Maximo B. Rodriguez, Jr.

3644

House Bill No,

AN ACT
TO PROTECT INFANT-FEEDING MOTHERS AND REGULATE THE MARKETING AND
TRADE OF RELATED PRODUCTS

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

CHAPTER |
General Provisions

SECTION 1. Short Title. - This Act shall be known as the “Infant-Feeding Mothers
Protection and Products Marketing Regulation Act’.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to protect and
promote the right to health of the people and install health consciousness among them. As
such, the state shall promote breastfeeding up to at least two (2) years old as well as ensure
that infant-feeding mothers are given complete and accurate information before choosing the
mode of feeding their infants based on religious belief, personal values and physical
limitations,

SEC. 3. Objectives. - The objectives of this Act are as follows

a) _ Protect and support breastfeeding as the exclusive means of nourishment for
the first six (6) months of life:

b) Promote and support adequate, timely and safe complementary feeding, by
the giving of nutritionally-adequate foods including sustainably available _ indigenous food,
from six months onward with continuous breastfeeding up to al least two (2) years;

¢) Promote a conducive environment in State agencies, healthcare institutions
and private workplaces for the promotion and sustainability of a breastfeeding and
complementary feeding culture;

d) Mandate health professionals to educate mothers, where necessary as
determined under this Act and consistent with the right of the people to Information and only
with guidance of and through the Philippine healthcare system and health care
professionals, on the proper use of breastmilk substitute and related products through
objective, consistent, adequate and up-to-date information,

e) Ensure private sector’s compliance with the standards and regulations
contained in binding international commitments and covenants signed and ratified by the
Philippines on infant and young child health and nutrition

f) Protect from discrimination mothers and particularly working mothers who
practice breastfeeding and those who cannot breastfeed or choose not to based on their
informed choice

SEC. 4. Definition of Terms. - For purposes of this Act, the following terms shall mean 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 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 the time the fetus is inside the
mother's womb;

c) __Bottle-feediing shall refer to the method of feeding an infant using a bottle with
artificial nipples;

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

) Breast milk shall refer to the human milk from a mother;

f) Breast milk substitute shall refer to any food intended for infants being
marketed or otherwise presented as a partial or total replacement for breast milk:

9) Commercial Influence shall refer to any act done to influence, persuade or
induce the public, on account of any material incentive given, into purchasing a particular
product;

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

i) CHED shall refer to the Commission on Higher Education created pursuant to
Republic Act No. 7722;
dD Committee or IAC shall refer to the Inter-Agency Committee created under

Section 46 hereof,

k) Complementary Food shall refer to any food whether manufactured or home
prepared, suitable as a complement to breast milk or infant formula when either becomes
insufficient to satisfy the nutritional requirements of the infants,

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

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

n) DSWD shall refer to the Department of Education created pursuant to
Executive Order No. 94:

©) DTI shall refer to the Department of Trade created pursuant to Executive
Order No, 94;

P) Distributor shall refer to a person, corporation or any other entity in the public
or private sector engaged in the business of marketing products such as breast milk
substitute, breast milk supplement, infant formula, and complementary foods at wholesale,
or retail level; A “primary distributor" is a manufacturer's sales agent, representative, national
distributor or broker;

q) Expressed Breast milk 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 the dropper, a nasogastric
tube, a cup and spoon, or a bottle;

r) FDA shall refer to the Food and Drugs Administration created pursuant to
Republic Act No. 9711, formerly known as the Bureau of Food and Drugs;

s) Follow-up Formula shall refer to a food intended for use a liquid part of the
weaning diet for the infant from the 6” month on and for young children formulated
industrially in accordance with Codex Alimentarius Standards;

t) Formula Feeding shall refer to the feeding of an infant with an infant formula
usually by bottle-feeding

4) Health institution shall refer to hospitals, health centers, lying-in centers or
puericulture centers with obstetrical and pediatric services:

v) Health Care System shall refer to 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;


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 engaged in health care for
mothers of infants, infants and pregnant women. Traditional birth attendants and their
assistants shall ikewise be included;

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

y) Infant Formula shall refer to a breast milk 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;

2) Label shall refer to any tag, brand, mark, pictorial or other descriptive matter
including enclosed literatutre, written, printed, stencilled, marked, embossed, or impressed
on, or attached to, a container of any product within the scope of this Act;

aa) Low Birth Weight Infant shall refer to newborn weighing less that two
thousand five hundred (2,500) at birth

bb) Lactation Management shall refer to the general care of 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;

cc) 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;

dd) Marketing shall refer to product promotion, distribution, selling advertising,
product public relations and information services;

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

ff) Mother's Milk shall refer to the breast milk from the newborn's own mother;

99) Mother's Right-to Know shall refer to the rights of the mother to complete
information about the benefits of breastfeeding or the use of other appropriate feeding
options or practices for herself and her baby. This will enable the mother to make an
informed choice on feeding her baby;

hh) Products shall refer to the breast milk substitutes, breast milk supplements,
infant 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 breast
milk; other related products such as feeding bottles, teats and other artificial feeding
paraphernalia. It also applies to their quality and availability and to information concerning
their use;

li) Promotion shall refer to the practice of giving temporary additional value to a
product or service to achieve specific marketing objectives;

i) Rooming-in shall refer to the practise of placing the newborn in the same
room as the mother right after the 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;

kk) Sales Promotion shall refer to the 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 of other
forms of communication;


1) Sample shall refer to a single or small quantity of a product provided without
cost

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

nn) Supplies shall refer to quantities of a product intended for use a specific of
extended period;

00) Trade name or Trademark shall refer to a word or words, name, title, symbol,
emblem, sign or device or any combination thereof used as an advertisement, sign, label
poster, or otherwise for the purpose of enabling the public to distinguish the business of the
person who owns and uses said trade name or trademark;

pp) Weaning shall refer to the discontinuing the breastfeeding of an infant with
substitution of other feeding practices;

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

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

CHAPTER II
Promotion, Support and Protection of Breastfeeding Practices

SEC.6. Breastfeeding Program. — There shall be 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,
private sector, civil society organizations and industry concemed within six (6) months from
the effectivity of this Act

SEC. 6. Rights of the Mother to Breastfeed. — The rights of a mother to breastfeed her
child shall be promoted, supported and protected. Attending health personnel shall
encourage pregnant women and nursing and nursing mothers to breastfeed their child and
inform them of its advanatges and educate them on the disadvantages of the use and
hazards of the misuse of breast-mik substitutes. The decision of the mother to breastfeed or
not shall be based on informed choice and shall be respected in any case.

In health care facilities, bottle feeding shall be allowed only after the mother has been
informed by the attending health personnel of the advantages of breastfeeding and has been
provided advice on how to encourage lactation and sustain breastfeeding. The proper
techniques of other appropriate feeding options or practice shall be introduced only after the
mother has decided to adopt these other appropriate feeding options or practices for her
infant in writing

The mother's right to have access to full and unbiased information on both
breastfeeding and formula feeding shall be ensured.

CHAPTER III
Information and Education

SEC. 7. Information and Education. ~ a.) The DOH shall ensure that objective and
consistent information is provided on infant and young child feeding for use by families and
those involved in the field of infant and young child nutrition. This responsibility shall cover
the planning, provision, design and dissemination of information on infant and young child
nutrition and the control thereof;

b) The DOH shall take appropriate measures to encourage and protect
breastfeeding, and promote the principles of this Act, It shall give appropriate information,
training and advice to health professionals and mothers, fathers and other caregivers of
infant and young children with regard to their responsibilities under this Act; and


c) Manufacturers, distributors or representatives of products covered by this Act
are allowed to conduct or be involved in the promotion education and production of
Information, Education and Communication (IEC) materials on breastfeeding, infant and
young child care and nutrition, as long as the programs and materials used are reviewed and
approved by the DOH: Provided, That promotion of any brand of products intended for
infants as covered by this Act shall not be allowed

SEC. 8. Continuing Education, Re-education and Training of Health Personnel. — a.)
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 on maternal and infant care shall also be given to all health personnel in health
institutions

b.) Health professionals and health institutions may seek the assistance of
manufacturers and distributors, who, may agree to assist in the research, scholarships and
continuing education of health professionals, in accordance with the rules and regulations to
be set by the DOH: Provided That such assistance shall not create a link or the appearance
of a link between the assistance extended and the promotion or use of covered products
under this Act

SEC. 9. Information Dissemination to Pregnant Women. — During the prenatal, prenatal
and postnatal consultations or confinements of the mothers or pregnant women in health
institutions, it shall be the obligation of the health institution and the health personnel to
immediately and continuously teach, train and support the women of current and updated
lactation management and infant care and to distribute written information materials on such
matters free of charge

SEC. 10. Classes for Mothers of Infants and Pregnant Women. — |n health education
classes for mothers of infants and pregnant women, health workers and community workers
shall emphasize the benefit of breast-milk and the hazards and risks of the improper use of
infant formula or other breast-milk substitutes. Feeding with infant formula shall be
demonstrated only to mothers who may not be able to exclusively breastfeed for medical
reasons, as determined by the attending physician, or for other legitimate reasons, A mother
who knowingly elect to use or learn how to use infant formula must not be shamed, harassed
or discriminated against, particularly if she is unable to breastfeed her baby. The information
given with regard to feeding using infant formula and other breast-milk substitutes must be
up-to-date, and given with the aim to allow the infant to derive optimal nutrition from such
method

Personnel employed in marketing products under this Act shall not, as part of their
job responsibilities, perform educational functions in relation to pregnant women or mothers
of infants: Provided however That, such personnel may be tapped for other functions by the
health care systems

SEC. 11. Mandatory Information. — Informational and educational materials, whether
written, audio, or visual, dealing with the feeding of infants and intended to reach pregnant
women and mothers of infants, shall include clear information on all the following points:

a) Benefit of breast-milk and superiority of breastfeeding,

b) Importance of maternal nutrition and the preparation for and maintenance of
breastfeeding;

c) Negative effect on breastfeeding of introducing partial bottle-feeding o
breastfeeding; and

d) _ Difficulty of reversing the decision not to breastfeed; and where needed, the
proper use of infant formula, whether manufactured industrially or home-prepared: Provided


That, when such materials contain information about the use of infant formula, they shall
include the social and financial implications of its use; the health hazards of unnecessary or
improper use of infant formula and other breast-milk substitutes, however without
discriminating against a mother who is unable to breastfeed her baby or knowingly elect to
se of learn how to use infant formula: Provided further That, such materials shall not use
any picture or text which may idealize the use of breast-mik substitutes.

SEC. 12. Donations of Informational, Education, Equipment or Materials. - Donations
by manufacturers or distributors of informational or educational equipment or materials
pertaining to the products defined in this Act shall be allowed only upon written approval of
the appropriate government authority, Such equipment or materials shall bear the donating
company’s name or logo, but shall not refer to a propriety product and shall be distributed
only through the health care system.

SEC, 13. Breastfeeding as Part of the Curriculum. - In coordination with the DOH, the
DepEd shall formulate a comprehensive education program on breastfeeding to be
incorporated in the elementary and secondary curriculum. The CHED shall likewise ensure
that breastfeeding and its importance are emphasized in the appropriate subjects in the
medical and health-related collegiate and post-graduate courses.

CHAPTER IV
Research and Clinical Trials

SEC. 14. Research and Ethics Committee. - The DOH shall ensure that research
conducted for public policy purposes in the area of field of infant and young child feeding and
baby care, shall, at all times, be free from any commercial influence. Accordingly, the health
worker or researcher involved in such field or area must disclose any actual or potential
conflict of interest with the company person funding the research. Research in the area or
field of infant and young child feeding and baby care and its funding shall be subjected to
independent peer review. Towards accomplishing these ends:

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

b) The researchers shall be conducted in accordance with an approval 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

4. Researchers involving well or ill infants and children as subjects shall be
limited to physiological factors and therapeutic studies;

2. These studies shall, inno case, be harmful to the subject; and

3. Assistance shall be limited to those researches that have 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 nay 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,
oF giving testimonials in the promotion of the products that undermine breastfeeding

) Request for assistance for support on laboratory costs, reagents and other
materials given to manufacturers and distributors shall be allowed only upon approval and
review by the Ethics Committee regarding their intended use based on submitted protocol

SEC. 15. 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 or
through acknowledgment in print upon publication of research results.


CHAPTER V
Marketing of Breast milk Substitutes and Other Covered Products

SEC. 16. Scope. ~ This Chapter applies to the marketing and practices related thereto, of
the following covered products: (a) infant formula; (b) breast-milk substitutes; (c) bottle-fed
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 breast-milk, (d) feeding
bottles; (e) teats; and (f) other artificial feeding paraphernalia

SEC. 17. Prohibited Advertising and Promotions. - For products covered under this Act
that are intended for infants from birth to twelve months, no advertising or promotions
directed to mothers and the public shall be allowed

SEC. 18, Advertising and Promotions Requiring Permit. - Advertising and promotions of
follow-on formula, growing-up milk or milk supplements intended for infants over twelve (12)
months of age shall be allowed. Permit requirements from the FDA shall be required only for
the conduct of sales promotion as defined under Section 4 of this Act, in accordance with the
procedure provided for under Article 116, 117, 118, 119, 120, 121, 122, 123, and 124 of
Republic Act No. 7394, otherwise known as the “Consumer Act of the Philippines.”

A decision or order from the FDA denying an application to conduct sales promotion
under Article 116 of the Consumers Act of the Philippines shall be appealable to the DOH
The decision of the Secretary of Health relating to this Act may be appealed to the DOH, The
decision of the Secretary of Health relating to this Act may be appealed as provided for in
Section 19 of this Act.

False, misleading or deceptive advertisement of follow-up formula, growing-up milk,
milk supplements and covered products under this Act are prohibited, These shall be dealt
with in accordance with Article 122 (b) of R.A. No. 7394

SEC. 19. Review of Orders or Decisions. — Notwithstanding the provisions of R.A. No.
7394 and R.A. No. 3720, otherwise known as the "Food and Drugs Cosmetics Act’, or any
other provisions of law, any party aggrieved by any order or decision of the Secretary of
Health relating to this Act may appeal said order or decision to the regular courts on question
of fact and law within (15) days from receipt of decision or order.

SEC, 20. Advertising Content That Undermines the Benefits of Breastfeeding - The
following texts, pictures, illustrations, or information are deemed to undermine the benefits of
breastfeeding and are hereby prohibited from being used when such advertisement pertains
to products covered under this Act

a) Pictures of infants or persons holding feeding bottle/s and infants with product
shots;

b) Picture of a woman breastfeeding because this creates an impression that
breast-milk substitutes and breast-mik supplements are equivalent to breastfeeding or
because it appropriates the image of breastfeeding:

c) Pictures or graphics of toys and animals being fed, whether by breast or
bottle, nor should materials depict ani

d) The term “humanized
words describing breast-milk substitutes or mik supplements;

e) Pictures or texts that idealize the use of infant formula; and

f) Pictures or image of babies and children together with their mothers when
such advertisement pertains to products covered under this Act

SEC. 21. Labels and Containers. - The following shall serve as standard for all labels and
containers. Each container shall have a clear, conspicuous and easily readable and


understandable message in Filipino and English printed on it, or on label, which message
cannot readily become separated from it, and which shall include the following points:

a) The words "Breastfeeding is best for babies from birth to two (2) years” or
their equivalent:

b) Astatement “The use of infant formula must only be upon the advice of health
professionals”,

c) A statement that the product shall be used only on the advice of a health
professionals as to the need for its use and the proper methods of use

d) Instructions for appropriate preparation, and a warming against the health
hazards of inappropriate preparation.

e) Neither the container nor the label shall have pictures or texts, which may
idealize the use of infant formula. They may however, have trademark or logo, whether or
not registered, for easy identification of the product and for illustrating methods of
preparation.

SEC, 22. Health and Nutritional Claims. — The following shall regulate health and
nutritional claims for products covered under this Act:

a) Health and nutritional claims for products within the scope of the Act shall be
allowed as long as it is based on scientific and factual information.

b) False or misleading information or claims of products covered under this Act
are prohibited

c) Promotion of products under Section 30 of this Act must be objective, shall
not equate product as equal to breast-milk or breastfeeding and must not, in any case,
undermine the benefits of breastmilk or breastfeeding

SEC. 23. Information to Health Workers. — Information provided by manufacturers and
distributors to health professionals regarding products under the scope of this Act shall be
limited to scientific and factual information, Such information shail not imply or create a belief
that bottle-feeding is equivalent or superior to breastfeeding

SEC. 24. Promotion in Health Care System. - The following shall apply to the promotion of
procedure covered under this Actin the health care system:

a) No health facility shall be the venue for the promotion to the general public of
products covered under this Act that are intended for infants from birth to twelve (12)
months. However, this Act does not preclude the dissemination of scientific and factual
information to health professionals as provided in Section 23 hereof

b) No health facility shall be used to display covered products, posters and
materials intended for infants from birth to twelve (12) months provided by a manufacturer or
distributor.

¢) Manufacturers, distributors and marketing firms or their representatives are
prohibited from hiring health professionals to disseminate, distribute and promote covered
products under this Act to the general public. This does not preclude the dissemination of
Scientific and factual information to health professional as provided in Section 23 hereof.

d) The use by the health care system of professional service representatives, or
mother-craft nurses paid for by manufacturers or distributors shall not be permitted

SEC, 25. Classes and Seminars for Women. - Manufacturers, distributors and
representatives of products covered under this Act shall not be allowed to hold activities,
Classes, and seminars related to the promotion of products intended for infants from birth to
twelve (12) months.

SEC. 26. inducements. Financial or material inducements to promote covered products
shall not be given by manufacturers, distributors and representatives of said products, nor
shall this be accepted by mothers of infants, pregnant women, health workers, hospitals and
other health institutions, as well as their personnel within the health care system including


members of their families up to the third civil degree of consanguinity or affinity except for
purposes of research and clinical trials as provided for in Section 14 of this Act.

SEC. 27. Prohibition on Samples and Supplies. - Samples and supplies of covered
products intended for infants from birth to twelve (12) months or equipmentutensils for the
preparation or use of these products from manufacturers, distributors and representatives
shall not be given to any member of the general public, mothers of infants, pregnant women,
health workers, hospitals and other health institutions, as well as personnel within the
healthcare system, including members of their families up to the third civil degree of
consanguinity or affinity, except as provided for in Section 14 hereof,

SEC. 28. Prohibited on Gift. ~ Manufacturers, distributors, and representatives of covered
products shall not give gifts to promote covered products intended for infants from birth to
twelve (12) months to members of the general public, mothers of infants, pregnant women,
health workers, hospitals and other health institutions, as well as personnel within the
healthcare system, including members of their families up to the third civil degree of
consanguinity or affinity

SEC. 29. 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, for covered products intended for infants from birth to twelve (12) 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 and drugstores where products and follow-up formula or milk
supplements may be purchased without prescription.

SEC. 30. Infant Feeding Warning ~ Food products marketed for infant feeding which do not
meet alll the standards for an infant formula but which can be modified to do so, shall carry a
warning on the label that the modified product is not suitable for satisfying by itself the
nutritional requirements of normal healthy infants.

SEC. 31. Authority of the FDA. - In addition to the requirements in the immediate
preceding paragraphs, the labels of food products shall conform to the rules and regulations
of the FDA that are consistent with the provisions of this Act.

SEC. 32. Quatity. - The following standards must be observed in the production and
marketing of products under this Act,

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

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

c) 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 other form,

CHAPTER VI
Donation

SEC. 33. Donations. - Donations of covered products intended for infants from birth to
twelve (12) months from manufacturers and distributors shall not be allowed under normal
conditions: Provided, however That, during times of natural disaster and calamity or national
or local emergency situations, donations of covered products shall be allowed upon approval
of the National Disaster Risk Reduction and Management Council (NDRRMC) in


coordination with the Local Health and Nutrition Officers of affected locality: Provided further,
That the donation shall be subjected to the guidelines issued by the DOH, which include,
among others, proper handling, storage and distribution

CHAPTER Vil
Implementing and Monitoring

SEC. 34, Inter-Agency Committee (IAC). — An Inter-Agency Committee is hereby created
under the Department of Health

a) The Inter-Agency Committee (IAC) shall be compelled of the following:
Secretary of Health as Co-Chair/or a permanent representative; Secretary of Trade &
Industry as Co-Chair/or a permanent representative; and the Secretaries of Justice, Finance
and Social Welfare and Development as members/or a permanent representative, The duty
designated permanent representative shall hold a rank not lower than an Undersecretary.

b) The IAC shall be principally responsible for the implementation and
enforcement of the provisions of this Act. For this purpose, the Committee shall have the
following powers and functions:

1. To. promulgate rules and regulations necessary for the effective
implementation of this Act
2. To call the assistance of government agencies and the private sector to
ensure the implementation and enforcement of and strict compliance with the
provisions of this Act and its rules and regulations;
To cause the prosecution of the violators of this Act;
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; and
5. To exercise such other powers and functions as may be necessary for the
attainment of the purposes and objectives of this Act.

so

SEC. 35, Penal Provisions. — 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 two (02) months to not more than six (6) years imprisonment or a fine of not
less than One Thousand pesos (Php1,000.00) but not more than One Hundred thousand
pesos (Php 100,000.00) 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, the partners and/or the persons directly responsible therefore, shall be
penalized; and

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 IAC, after due notice and hearing and without prejudice to the right to file a motion for
reconsideration, to appeal to the proper government agency or avail of any available legal
remedy including but not limited to filing a proper action before the regular courts, be
suspended or revoked, in accordance with the rules and regulations of the pertinent
government agency which issued the license, permit or authority, for violations of this Act, or
of its implementing rules and regulations issued pursuant to this Act.

CHAPTER Vill
Final Provisions.

SEC. 35. Suppletory Provision. — The provisions of R.A. No. 7600, as amended, shall have
suppletory application on matters not provided for in this Act.


SEC. 36, Implementing Rules and Regulations (IRR). ~The DOH, in connection with other
government agencies, shall issue the IRR for this Act within one hundred twenty (120) days
from its effectivity

SEC, 37. Separability Clause. — The provisions of this Act 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. 38, Repealing Clause. ~ All laws, orders, issuances, and rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 39, Effectivity. ~ This Act shall take fifteen (15) days after its publication in two (2)
national newspapers of general circulation.

Approved,