ACLS OF REPRIESIE TATIVES

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVE! Dati i anne

Quezon City So.
Tiwi

SEVENTEENTH (17TH) CONGREBS gy:
First Regular Session

RESISTRATION UNT
BULLS AND INDEX SERVICE

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT.

TO PROTECT, PROMOTE AND SUPPORT BREASTFEEDING 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

EXPLANATORY NOTE

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

from common childhood illnesses.

Bre:

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

According to a 2003 survey conducted in the Philippines, for children below three (3)

years of age, barely six (6) percent were exclusively breastfed and that exclusive breastfeeding

occurred for an average of 24 days only. In fact, 3.4 million children or 49 percent were given
liquid or food other than breastmilk within three (3) days after being born, The reasons cited

why mothers did not breastfeed their infants are the following: they did not have enough milk

"WHO Website Report July 2009


(31%), they are working (17%), their nipples/breasts ache (17%), their child did not want to
breastfeed (11%), their child is sick (11%), they are sick (9%), and other reasons (4%).

This bill borrows from and builds upon H.B. 105 (16th Congress), authored by Rep. Lani
Mercado-Revilla. The bill aims to establish a comprehensive program for breastfeeding
practices in the Philippines. It is hoped that by fostering an appropriate environment of
awareness and support for breastfeeding, the rate of exclusive breastfeeding in the country will
improve thereby improving the health of both the women and children. This Act will encourage
and enable women to continue to exclusively breastfeed their infants up to 24 months of age and
even beyond, through the following measures: providing education to pregnant and lactating
mothers on the advantages of breastfeeding, giving proper care that would contribute to
successful breastfeeding, prohibiting the advertisement for infant formula and other products for
infants 0-24 months, adopting rooming-in in health institutions, establishing human milk banks,
encouraging employers of women to facilitate breastfeeding by setting up lactation facilities,
educational programs on the benefit of breastfeeding, and scheduling breaks and work patterns
to provide time for milk expression or breastfeeding,

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

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

BERNADETTE H} ‘RA-DY

* 2003 National Demographic and Health Survey, National Statistics Office.


Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

SEVENTEENTH (17TH) CONGRESS
First Regular Session

House Bill No, 1009

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT
TO PROTECT, PROMOTE AND SUPPORT BREASTFEEDING PRACTICES
THROUGH PROPER INFANT AND YOUNG CHILD FEEDING BY REGULATING
HE 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:

CHAPTERT
GENERAL PROVISIONS

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

SEC. 2. Declaration of State Policies and Principles, - \t is hereby declared the policy
of the State to promote breastfeeding as the best possible source of safe and adequate food and
nutrition for infants and young children and even beyond, As a basic act of nurture beneficial to
the health of both mother and child, exclusive breastfeeding of infants from birth to six (6)
months shall be encouraged. Every effort to use locally available foods to complement
breastmilk shall be encouraged. This policy is in consonance with the duty of the State to protect
the people’s right to health under the Constitution and international law.

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

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

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


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

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

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

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

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

SEC. 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

2


distributors of breastmilk substitutes and related products, their marketing personnel and other
representatives, or the marketing of non-human milk, follow-up formula, and other products
marketed or otherwise represented as suitable for feeding infants and young children.

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

a)

8)

h)

i)

jd

k)

)

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.”

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.

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

Breastmilk shall refer to the human milk from a mother.

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.

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

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

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

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”.

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.

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

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

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

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

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 i it 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. Traditional birth attendants and
their assistants shall likewise be included.

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

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

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

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

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

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.

id) 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.


2g) Marketing personnel shall refer to any person whose functions involve the
marketing of a product or products covered within the scope of this Act.

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

i) 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”.

ji) 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.

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

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

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

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



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

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

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

ss) WHO shall refer to the World Health Organization.

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

SEC. 6. Scope and Coverage. ~ This Act shall apply to the marketing and practices
related thereto, as well as the quality, availability and information concerning the use of the
products as defined in Section 5(jj), including, but not limited to: breastmilk substitutes, infant
formula, follow-up formula; other milk products, foods and beverages, including complementary
foods, when marketed or otherwise represented to be suitable, with or without modification, for
use as a partial or total replacement of breastmilk; related products, such as feeding bottles and
teats; such other 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 II
PROGRAM ON THE PROMOTION OF BREASTFEEDING

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

CHAPTER HL
RIGHT TO BREASTFEED AND TO BREASTMILK

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

7



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

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

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

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

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

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

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

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.


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

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

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

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

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

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

SEC. 16. Deliveries Outside Health Institutions. - 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

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

a) seriously ill;
b) taking medications contraindicated to breastfeeding:

©) violent psychotics; or

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

by the attending physician,

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

SEC. 18. Provision of Facilities for Breastmilk Collection and Storage. - Health
institutions adopting rooming-in and promoting breastfeeding shall provide equipment, facilities,
and supplies for breastmilk collection, storage and utilization, the standards of which shall be

9



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

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

SEC. 20. Weaning. - For the purpose of encouraging natural weaning and preventing
discrimination or inappropriate social perceptions of breastfeeding toddlers, the Department
shall endeavor to encourage the positive portrayal of extended breastfeeding for toddlers and
young children. Advertising of products covered under this code that tends to undermine the
value of breastfeeding past the infant stage shall not be allowed.

CHAPTER VI
INFORMATION AND EDUCATION

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

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.

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

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

SEC. 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

10



organization of mothers’ clubs and breastfeeding support groups, and to distribute written
information materials on such matters free of charge.

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

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

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

SEC. 24. Classes for Mothers of Infants and Pregnant Women. - In health education
classes for mothers of infants and pregnant women, health workers and community workers
shall emphasize the benefits of breastmilk and the hazards and risks of the improper production,
preparation and use of infant formula or other breastmilk substitutes. Feeding with infant
formula shall be demonstrated only to mothers who may not be able to breastfeed for medical or
other legitimate reasons.

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

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

a) Contain only correct and current information and shall not use any picture or text
that encourage bottlefeeding or discourage breastfeeding:
b) Be written in English and Filipino or the appropriate dialect;

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;

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

e) 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;

iT


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;

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

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

The educational material must also include the following points:

a)

b)
°)

d)
°)

9

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;

How to feed infants with a cup;

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

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

The approximate financial cost of feeding an infant with such a product in the
recommended quantities; and

Infant formula is not a sterile product and may contain harmful organisms.

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

a)

b)

0)
d)

Are restricted to scientific and factual matters regarding the technical aspects and
methods of the use of the product;

Provide references to published studies to support any representation that states or
suggests that a relationship exists between the product or constituent thereof and
health, growth or development; and

Are otherwise in accordance with this chapter.

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

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

12


SEC 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

SEC. 30. Research and Ethics Committee. - The DOH shall ensure that research
conducted for public policy purposes, related to infant and young child feeding, shall, at all
times, be free from any commercial influence or bias. Accordingly, the health worker or
researcher involved in 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:
1) Researches involving well or ill infants and children as subjects shall
be limited to physiological factors and therapeutic studies;
2) These studies shall, in no case, be harmful to the subject; and
3) Assistance shall be limited to those with potential benefits for the
particular subject.
4) Recipients of research awards shall not allow themselves, their organizations or

their subjects to be used, directly or indirectly, for any promotional activity related to products
within the scope of this Act. These may be by way of display of posters and streamers
patronizing the company and their products or participating as lecturers/speakers, or giving
testimonials in the promotion of the products that undermine breastfeeding.

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

SEC. 31. Public Disclosure. - For purposes of transparency, a disclosure and/or

disclaimer of the sponsoring company shall be done by the company itself, health worker and

13



researcher involved through verbal declaration during public presentation of the research and in
print upon publication.

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

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

(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.

(©) 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 released to the public without the prior
written consent and approval of the Inter-Agency Committee. No blanket or general approval
shall be allowed. Such written approval must be specific in product and time-bound.

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

SEC. 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;

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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 or 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 “Thi
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.

Act are

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

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

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

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

a) No publication or announcement of health, nutritional or developmental claims or
findings pertaining, whether directly or incidentally, to Products shall be allowed, except in
scientific journals through scientifically proven studies embodied in peer-reviewed papers or
professional publications.

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

c) 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.

15



SEC. 36. Classes and Seminars for Women. — No manufacturer, distributor or marketing
firm, or their personnel or representatives shall be allowed to conduct or be involved in any
activity or event promoting breastfeeding, in the production and distribution of information and
educational materials on breastfeeding, or the holding of or participating as speakers in classes
or seminars for women and children’s activities, for the purpose of avoiding the use of these
venues to market their products, brands or company names.

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

SEC. 38. Prohibition on Samples and Supplies. - Samples and supplies of covered
products or equipment/utensils 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.

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

CHAPTER IX
LABELS AND CONTAINERS,

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

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

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

16


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

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

4) A waming 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.

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

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

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

b) 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”

17


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

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

d) Includes a feeding chart in the preparation instructions;

©) Does not use the terms “maternalized”, “humanized” or terms similar thereto or
any comparison with breast milk;

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

2) Specifies the source of the protein; and

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

SEC. 42. Labels and Containers of Complementary Food, - A manufacturer or
distributor shall not offer for sale or sell complementary food unless the container or label
affixed thereto, in addition to the requirements of Section 41 contains the word “WARNING”
and indicated there under, the statement “Before deciding to supplement breastfeeding with this
product, seek the advice of a health professional. It is important for your baby’s health that you
follow all preparation instructions carefully”

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

SEC. 43. Labels and Containers of Other Milk. — A manufacturer or distributor shall not
offer for sale or sell any milk, not a product covered by this Act as provided in Section 5(jj) and
6 of this Act, in powder or liquid form, unless the container or label affixed thereto contains the
words “WARNING:” This product should not be used to feed infants and young children”.

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

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

(a) The words “IMPORTANT NOTICE?” in capital letters and indicated there under,

the statement “Breastfeeding is best. Breast milk is the only ideal milk for the healthy growth
and development of infants and young children up to three years and beyond. It protects against

18



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

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

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

(@) A statement explaining that feeding with a cup is more hygienic than bottle
feeding;

(©) A warning 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

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

SEC. 45. Labels and Containers of Pacifiers. ~ A manufacturer or distributor shall not
offer for sale or sell a pacifier unless, in addition to the requirements of Section 40, it is labeled
with the statement “WARNING: Use of a pacifier can interfere with breastfeeding and may
cause dental 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 (14) of the size of the biggest letter on the label in English and
Filipino

SEC. 46. Infant Feeding Warning. - Food products marketed for infant feeding which do
not meet all the requirements of an infant formula but which can be modified to do so, shall

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

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

CHAPTER X
HEALTH CARE SYSTEM AND HEALTH WORKERS

SEC. 48. Health Care System. — a) No facility of the health care system shall be used for
the purpose of promoting breastmilk substitutes and milk supplements, and other Products.


However, this does not preclude the dissemination of information to health workers as provided
in Section 27.

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

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

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

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

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

a) —_ Encourage, support and protect 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 turn report to
the IAC, any offer he or she receives for a sample or gift or other benefit from a manufacturer or
distributor or any other contravention of the provisions of this Act.

CHAPTER XI
QUALITY

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

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.

20


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.

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 any other form.

CHAPTER XII
DONATION

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

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

CHAPTER XIII
IMPLEMENTATION AND MONITORING

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

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

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

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

c) To lead the monitoring of compliance and violations, with assistance from other

government organizations and other partner agencies and non-government
organizations;

21


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

©) 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,

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

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

1) Secretary of Health;

2) Secretary of Trade & Industry;

3) Secretary of Justice;

4) Secretary of Social Welfare and Development;

5) Secretary of Education;

6) Head of the Food and Drug Administration; and

7) _A representative from one (1) nongovernmental organization, which
advocates breastfeeding: Provided, That it adheres to the standards of international

22



ethics, does not hold any clearly conflicting interests and does not receive donations or
support of any kind from manufacturers, distributors and marketing personnel

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

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

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,

23



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

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

(a) 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

(©) 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.

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

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

SEC. 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

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the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference
subsequent to laborer’s wages under Articles 2241 and 2242 of Republic Act No. 386 or the
New Civil Code of the Philippines.

SEC. 61. Liability of 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

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

(a) Ist violation — Administrative fine of a minimum of One hundred thousand
pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00) depending on the gravity
and extent of the violation, including the recall of the offending product;

(6) 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;

(d) 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

(e) 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 concerned manufacturer or distributor and shall not be based on the specific
violating product alone.

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

CHAPTER XVI
(CRIMINAL PENALTIES

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

a) Any person who violates the provisions of this Act or its rules and regulations
issued pursuant to this Act shall, upon conviction, be punished by a penalty of not less than one
(1) year to not more than six (6) years imprisonment or a fine of not less than One Hundred
thousand pesos (Php100,000.00) but not more than Two million pesos (Php 2,000,000,00) or
both at the discretion of the court. Should the offense be committed by a juridical person, the
Chairman of the Board of Directors, the president, general manager, or the partners and/ or the
persons directly responsible therefore, shall be penalized; and

b) Any license, permit or authority issued by any government 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.

©) 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 XVIL
MISCELLANEOUS PROVISIONS

SEC. 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.

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SEC. 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.

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

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

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

CHAPTER XVIII
FINAL PROVISIONS

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

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

SEC. 71. Separability Clause. - The provisions of this Act are hereby deemed separable.
If any provision thereof be declared invalid or unconstitutional, such invalidity or

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unconstitutionality shall not affect the other provisions which shall remain in full force and
effect.

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

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

Approved,

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