ippines

House of Representatives

SEVENTEENTH CONGRESS
Second Regular Session

7377

HOUSE BILL NO.

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

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

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

In recognizing this right, on June 2, 1992, Republic Act (RA) No. 7600,
otherwise known as “The Rooming-In and Breastfeeding Act of 1992” was passed to
protect the rights of working mothers to engage in the practice of rooming-in and
breastfeeding. In 2010, RA 10028, otherwise known as the “Expanded Breastfeeding
Promotion Act of 2009,” amended RA 7600 which required that all health and non-
health facilities, establishments or institutions to establish lactation stations. On
February 23, 2011, the Department of Health launched the exclusive breastfeeding


campaign dubbed as “Breastfeeding TSEK: (Tama, Sapat, Ekslusibo)” encouraging
mothers to exclusively breastfeed their babies from birth up to six months to reduce
child mortality and improve child survival.

Inspite the passage of RA 7600, as amended, and the initiative of the
Department of Health to promote breastfeeding, the challenge to continue exclusive
breastfeeding for at least six months is still hampered by many factors such as short
duration of maternity leave, non-compliance of public and private institutions to allow
lactation breaks and unavailability of lactation stations in workplaces and other
establishments.

Moreover, there are many factors that prevent latching to a mother’s breast
such as seriously-ill infants or mothers, incubated infants, premature babies, sensory
disabled infants, infants with special needs or when there is a great interference from
different sectors of the society that discriminate nursing mothers.

In order to support breastfeeding in the health facilities, at home, in the
community and at the work place, there is a need to eliminate all health, social,
cultural, economic, environmental and other barriers that are prejudicial to the
breastfeeding journey of a mother.

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


Republic of the Philippines
House of Representatives

SEVENTEENTH CONGRESS
‘Second Regular Session

7377

HOUSE BILL NO.

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

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

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

ARTICLE
TITLE, POLICY, PRINCIPPLES, OBJECTIVES, APPLICABILITY, SCOPE
AND DEFINITION OF TERMS

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

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


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

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

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

Section 3. Objectives — The objectives of this Act are as follows:

1) To recognize the right of every mother to breastfeed her child;

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

3) To educate mothers on the benefits of breastfeeding and expression of breast
milk;

4) To educate mothers on the different alternatives to provide breast milk to a
child;

5) To make breast milk readily available to infants in need;

6) To eliminate misconceptions about breastfeeding and different ways of
expressing breast milk;

7) Ensure that every breastfeeding mother has access to timely breastfeeding and
health information and adequate medical care, including breastfeeding
seminars, breastfeeding consultations, medical services and other breastfeeding
products that help mother produce or express breast milk;

8) Direct the Department of Health :

a. To oversee research & development activities on breastfeeding and the
latest technology available to help mothers to express their breast milk;
b. To continuously educate nurses, doctors, health care practitioners,
lactation consultants on breastfeeding;

To conduct public education programs for breastfeeding mothers;

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

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

°


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

10)Establish milk banks in every region and ensure that every hospital has
sufficient amount of breast milk; and

11)Institutionalize a financial incentive system for establishments involved in
clinical research, patient care, medical information management and other
similar activities for the benefit of breastfeeding mothers.

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

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

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

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

a) “Age of gestation” means the length of time the fetus is inside the mother’s
womb.

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

c) “Breast milk” means the human milk from a mother.


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

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

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

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

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

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

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

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

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

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


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

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

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

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

1) “Lactation management” means the general care of a mother-infant nursing
couple during the mother’s prenatal, immediate postpartum and postnatal
periods. It deals with educating and providing knowledge and information to
pregnant and lactating mothers on the advantages of breastfeeding, the risks
associated with breastmilk substitutes, milk products not suitable as breastmilk
substitutes and other matters that would contribute to successful breastfeeding.

8)

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

t

“Lactching” is the way a baby attaches to his mother’s breast to breastfeed.

uv

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

v)

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

W) “Marketing” means product promotion, distribution, selling, advertising,
product public relations, and information services

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


y) “Mother” any person who expresses or provides human milk.
z) “Mother’s milk” means the breast milk from the newborn’s own mother.

aa)“Rooming-in” means the practice of placing the newbom in the same room as
the mother immediately after the delivery until 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.

bb)“Samples” means any single or small quantities of a product provided without
cost.

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

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

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

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

ARTICLE IL
BREASTFEEDING RIGHTS

Section 7. Declaring Breastfeeding as Basic Human Right — This Act hereby
declares the right of a mother to breastfeed and express breast milk is a basic human
right,

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


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

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

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

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

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

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

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



Upon application to, and determination by, the Secretary of the Department of
Labor and Employment for the private sector, and the Chairperson of the Civil Service
Commission for the public sector, all health and non-health, public or private
facilities, establishments and institutions may be exempted for a renewable period of
two (2) years from establishing lactation station where the construction of lactation
station is not feasible or necessary due to the peculiar circumstances of the workplace
or public place taking into consideration, among others the physical size of the
establishment.

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

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

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

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

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

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

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

10


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

ARTICLE I
HUMAN MILK BANK

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

Section 17. Establishment of Regional Milk Banks. — The Local Government Unit
in coordination with the Department of Health shall establish at least one milk bank
per region and establish guidelines in proper storage and distribution of breast milk.

ARTICLE IV
ROOMING-IN AND BREASTFEEDING OF INFANTS

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

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

(a) Well infants regardless of ; and

(b) Infants with low birth weights but who can suck.

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

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


Section 22. Exemptions. — Infants whose conditions do not permit rooming-in and

breastfeeding, as determined by the attending physician, and infants whose mothers

are:

(a) Seriously-i

(b) Taking medications contraindicated to breastfeeding;

(©) Violent psychotics; or

(4) Whose conditions do not permit breastfeeding and rooming-in as
determined by the physician shall be exempted from the provisions of
Sections 19, 20 and 21: Provided, that these infants shall be fed expressed
breast milk or wet-nursed as may be determined by the attending physician.

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

Section 23. Educating the Public. — The government shall ensure that objective and
consistent information on infant and young child feeding is available for use by
families and provided to those involved in the field of infant and young child nutrition.

This

s responsibility should cover the planning, provision, design and dissemination of

information, or their control. Informational and educational materials, whether

writ
pre;

itten, audio, or visual, dealing with the feeding of infants and intended to reach
gnant women and mothers of infants and young children, should include clear

information on all the following points:

a) Benefits and superiority of breast-feeding;

b) Maternal nutrition;

c) Preparation for and maintenance of breast-feeding;

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

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

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

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


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

Section 25, Facilities. — The facilities of health care system shall not be used for the
following:

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

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

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

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

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

Section 29. Labeling. — Labels should not contain anything that will undermine or
discourage breastfeeding. They shall only contain necessary information about the
appropriate use of the product, and so as not to discourage breastfeeding.


Section 30, Label Guidelines. — Every container shall have a clear, conspicuous and
easily readable message printed on it, or on a label which cannot readily be detached
from it, It shall be in Filipino or English, and shall contain the following:

a) Words "Important Notice" or their equivalent,

b) A statement of the superiority of breast-feeding;

c) A statement that the product should be used only on the advice of a health
worker as to the need for its use and the proper method of use;

4) Instructions for appropriate preparation, and a warning against the health
hazards of inappropriate preparation.

e) The ingredients used;

£) The composition/analysis of the product;

g) The storage conditions required; and

h) The batch number and the date before which the product is to be consumed,
taking into account the climatic and storage conditions of the country
concemed.

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

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

b) Terms "humanized", "maternalized” or similar terms.

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

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

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


Food products within the scope of this Act should, when sold or
otherwise distributed, meet applicable standards recommended by the Codex
Alimentarius Commission and also the Codex Code of Hygienic Practice for
Foods for Infants and Children.

ARTICLE VI
CERTIFIED LACTATION CONSULTANTS

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

Section 35. Composition of the Board ~The Board of Lactation Consultants shall be
a collegial body headed by the Assistant Secretary of the DOH as chairman, one
representative each from the Department of Social Welfare and Development, the
National Institutes of Health, a national support group, a member of the academe, and
a representative from the Department of Justice as members. Lastly, a representative
from the DSWD as the secretariat.

Section 36. Qualifications of a Certified Lactation Consultant ~ In order to be a
lactation consultant, the applicant who should be a Filipino Citizen must submit the
following certification issued by appropriate authorities attesting the following:

a) The applicant must be a physician or a health care practitioner;

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

c) The applicant has passed the psychiatric test administered by a DOH-accredited
psychologist or psychiatrist;

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

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

f) The applicant has passed certification exam conducted by the Department of
Health;

The Department of Health may impose other requirements as it may deem
necessary taking into account international standards of accrediting lactation
consultants.


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

Section 38. Breast Examination - No person other than a physician may examine a
mother’s breast, prescribe breastfeeding supplements, diagnose or conduct lactation
massage

Section 39. Duties and Functions of the Board — The Board shall have the
following duties and responsibilities:

1) To enforce the provisions of this Act;

2) To conduct certification exams for Lactation Consultants;

3) To conduct continuing lactation education for Lactation Consultants;

4) To keep abreast on the recent studies and technologies available in the market
to help mother produce and express milk;

5) Support the conduct of research and development initiatives for breastfeeding;

6) Promote coordination and cooperation among institutions involved in
researches on breastfeeding:

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

8) Identifying projects that should be conducted in the future on breastfeeding:

9) Ensure that manufacturers and distributors of breastfeeding supplements, preast
pumps and other breastfeeding or breast pump paraphernalia met international
standards and has passed examination and approval of the proper government
agency;

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

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

12)Establish a referral system to facilitate the provision of appropriate medical
care to breastfeeding mothers;

13)To conduct case studies and evaluation to the different conditions affecting
breastfeeding mothers and their families;

14)To investigate any violation of this Act or of the rules and regulations issued
thereunder, as may come to the knowledge of the Board and for this purpose to
issue subpoena and subpoena duces tecum to alleged violators or witnesses to
secure their attendance in investigations or hearings, and the production of
books, papers, and documents in connection therewith and compel attendance
by the power of contempt;


15)To conduct yearly examination and evaluation of certified lactation consultants
assigned in every field office;

16)To look, from time to time, into the conditions affecting the breastfeeding
mothers;

17)To provide for reasonable accommodation and accessible environment for
breastfeeding mothers; and

18)To advocate respect and awareness about the efforts made to improve the
quality of life of breastfeeding mothers and the child.

Section 40. Continuing Education, Re-education and Training of Health Workers
and Health Institutions. - The Department of Health with the assistance of other
government agencies, professional and nongovernmental organizations shall conduct
continuing information, education, re-education, and training programs for physicians,
nurses, midwives, nutritionist-dietitians, community health workers and traditional
birth attendants and other health worker on current and updated lactation management.

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

ARTICLE VIL
MISCELLANEOUS PROVISIONS

Section 41. Department of Health Certification. - Any health and non-health
facility, establishment or institution satisfying the requirements of Sections 11 herein
relative to a proper lactation station may apply with the local Department of Health
office for a ‘working mother-baby friendly’ certification. The Department of Health
shall promulgate guidelines to determine eligibility for such certification, which shall
include an annual Department of Health inspection to confirm the continued
compliance with its standards.

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

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


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

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

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

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

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

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

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

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


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

Approved,