Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRE!
First Regular Session

HOUSEBILLNO. 2917

Introduced by

REPRESENTATIVES JOSEPHINE VERONIQUE “Jaye” R. LACSON-NOEL, MAR-
LEN ABIGAIL S. BINAY, VICTORIA G, NOEL, RUFUS B. RODRIGUEZ, MAXIMO.
B. RODRIGUEZ, JR., AND NEIL BENEDICT A. MONTEJO.

EXPLANATORY NOTE

“The global strategy for infant and young child feeding is based on respect, protection,
facilitation and fulfiliment of accepted human rights principles. Nutrition is a crucial,
universally recognized component of the child’s right to the enjoyment of the highest attainable
standard of health as stated in the Convention on the Rights of the Child. Children have the
right 10 adequate nutrition and access to safe and nutritious food, and both are essential for
fulfilling their right to the highest attainable standard of health. Women, in turn, have the right
10 proper nutrition, to decide how to feed their children, and to full information and appropriate
conditions that will enable them to carry out their decisions, These rights are not yet realized in
many environments,” WHO-UNICEF Global Strategy for Infant and Young Child Feeding

According to The Nutritional of Filipino Children and Selected Population
Groups Survey: 2011 of the Food and Nutrition Research Institute of the Philippines (FNRD) of
the Department of Science and Technology, among the 0-5 month infants (equivalent to the
WHO standard measurement of 0-6 months) who were exclusively breastfed, an increasing
trend was observed from 29.7% in 2003 to 35.9% in 2008, to about 46.7% in 2011. The
duration of breastfeeding also increased from 4.9 months in 2008 to 7.7 months in 2011 while
duration of exclusive breastfeeding increased from 2.3 months to 3.7 months in the same period.
Percentage of age-appropriate breastfeeding among children 0-23 months also reached
48.8%. The authors seek to further promote and protect these gains in breastfeeding practice in
filing this bill

The authors also take note that despite this dramatic progress in breastfeeding practice,
the same study showed that among children 0-5 years old, underweight, stunting and wasting
remain to be a public health problem at 20.2%, 33.6% and 7.3%, respectively. Generally, infants
6-11 months were the most vulnerable to wasting, children 3 years were the most affected by
stunting, and children 4-5 years were most prone to underweight. A significant increase in the
percentage of stunting was noted from 2008 (32.3%) to 2011 (33.6%).

The vulnerability to wasting among infants 6-11 months and the problem of stunting
most prevalent among children 3 years, mentioned in the FNRI 2011 Survey, could indicate that
there is yet much more to be desired in terms of the quality of the complementary feeding aspect
in infant and young child feeding practice which should be started when an infant reaches 6
months according to the Department of Health’s Infant and Young Child Feeding Policy 2011-
2015 cited in the Department’s Breastfeeding TSEK (Tumpak, Sapat, Esklusibo) primer and
continued up to 36 months, combined with continuous breastfeeding up to 2 years or beyond as
recommended by the World Health Organization and UNICEF in their jointly developed Global
Strategy for Infant and Young Child Feeding. The authors, in filing this bill, seek to address this



gap by emphasizing the need for increased capacity building effort among health workers and
public information drive on this aspect of infant and young child nutrition

The bill also seeks to consider advances in nutrition science particularly information that
need to be disseminated and observed on nutritional and technical aspects of complementary
foods for older infants (6-12 months) and young children (+12-36 months) that have been
adopted by the Codex Alimentarius Commission in its guidelines on formulated complementary
foods for older infants and young children including formulation of such foods, based on the
nutritional requirements of older infants and young children; processing techniques; hygienic
requirements; provisions for packaging; provisions for labeling and instructions for use.

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

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

is measure was a consolidation of House Bills No. 3396, 3525, 3527, and 3537 in the
15th Congress. This is the Technical Working Group version of the Standing Committees on
Health and Trade & Industry. The final committee report, however, was not released due to lack
of material time, Hence, the author is re-filing the measure in the present Congress,

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

Nv. oti Anal

JOSEPHINE VERONIQUE R. LACSON-NOEL VICTORIA G. NOEL

ABIGAIL S. BINAY RUEUS B. RODR} EZ

MAXIMO B. RODRIGUEZ JR

NEIL BENEDICT A. MONTEJO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

2917

HOUSE BILL NO.

Introduced by
REPRESENTATIVES JOSEPHINE VERONIQUE “Jaye” R. LACSON-NOEL, MAR-
LEN ABIGAIL S. BINAY, VICTORIA G. NOEL, RUFUS B. RODRIGUEZ, MAXIMO.
B, RODRIGUEZ, JR., AND NEIL BENEDICT A. MONTEJO

AN AC
ESTABLISHING A POLICY IN SUPPORT OF INFANT F
FOR OTHER PURPOS!

DING MOTHERS, AND

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

CHAPTER I
General Provisions

SECTION 1. Short Title. - This Act shall be known as the “Infant-F
of 2013”.

ing Mothers Act

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

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

a) Promote, protect and support exclusive breastfeeding as the means of nourishment for
the first twelve (12) months of life;

b) Promote, protect and support breastfeeding as unequalled and optimal means of
providing safe and adequate nutrition for infants and young children;

©) Promote and protect breastfeeding as simple and cost-effective means of alleviating
poverty and decreasing dependence on trade imports:

d) Promote a conducive environment in State agencies, healthcare institutions and
private workplaces for the promotion and sustainability of breastfeeding culture:

e) Encourage the revival and sustainability of breastfeeding culture and support for
breastfeeding mothers at all levels of policy-making, State agencies and local communities;

f) Mandate health professionals to educate mothers, where necessary as determined
under this Act and consistent with the right of the people to information and only with guidance


of and through the Philippine healthcare system, on the proper use of breast-milk substitutes and
related products through objective, consistent and adequate information;

2) Promote and support adequate, timely and safe complementary feeding, which includes
the giving of low-cost yet nutritionally-adequate indigenous food; and

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

SEC 4. Definition of Terms. - For purposes of this Act, the following terms shall mean
as follows:

a) Advertising shall refer to the business of conceptualizing, presenting or making
available to the public, through any form of mass media, fact, data or information about the
attributes, features, quality or availability of consumer products, services or credit as defined in
Republic Act No. 7394, otherwise known as the “Consumer’s Act of the Philippines;”

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

©) Bottle-feeding shall refer to the method of feeding an infant using a bottle with
artificial nipples;

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

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

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

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

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

i) CHED shall refer to the Commi
Republic Act No. 7722;

ion on Higher Education created pursuant to

j) Committee or IAC shall refer to the Inter-Agency Committee created under
Section 46 hereof;

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

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

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

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


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

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

4q) Expressed Breast milk shall refer to the human milk which was extracted from
the breast by hand or by pump. It can be fed to an infant using the dropper, a nasogastric tube, a
cup and spoon, or a bottle;

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

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

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

u) Health Institutions shall refer to hospitals, health infirmaries, health centers,
lying-in centers, or puericulture centers with obstetrical and pediatric services;

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

W) Health Worker shall refer to a person working in a component of the health care
system, whether professional or non-professional, including volunteer workers. It also includes
health workers in both public and private practice engaged in health care for mothers of infants,
nfants and pregnant women, 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 breast milk substitute formulated industrially in
accordance with applicable Codex Alimentarius standards to satisfy the normal nutritional
requirements of infants up to six (6) months of age and adopted to their physiological
characteristic

2) 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 product within the scope of this Act;

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

bb) Lactation Management shall refer to the general care of mother-infant nursing
couple during the mother’s prenatal, immediate postpartum and postnatal periods. It deals with
educating and providing knowledge and information to pregnant and lactating mothers on the
advantages of breastfeeding, the physiology of lactation, the establishment and maintenance of


lactation, the proper care of breast and nipples, and such other matters that would contribute to
successful breastfeeding:

ce) Manufacturer shall refer to any person who manufactures, assembles or
processes consumer products, except that if the goods are manufactured, assembled or
processed for another from another person who attaches his own brand name to the consumer
products, the latter shall be deemed the manufacturer. In case of imported products, the
manufacturer's representative or, in his absence, the importer shall be deemed the manufacturer;

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

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

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

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

hh) Products shall refer to the breast milk substitutes, breast milk supplements,
infant formula, and complementary foods, when marketed or otherwise used or presented to be
suitable. With or without modification, for use as a partial or total replacement of breast milk;
other related products such as feeding bottles, teats and other artificial feeding paraphernalia, It
also applies to their quality and availability and to information concerning their use;

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

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

kk) Sales Promotion shall refer to the techniques or schemes intended for broad
consumer participation which contains promises of gain such as prizes in cash or in kind as
reward for the purchase of a product in a contest, game, tournament and other similar
competitions which involve determination of winners and which utilize mass media or other
forms of communication;

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

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

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

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


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

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

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

CHAPTER IT

Promotion, Support and Protect

n of Breastfeeding Practices

SEC 5. Breastfeeding Program. ~ There shall be a comprehensive program to promote
breastfeeding to be formulated by the Department of Health (DOH) and the Department of
‘ocial Welfare and Development (DSWD) in coordination with other government agencies,
private sector, civil society organizations and industry concerned within six (6) months from the
effectivity of this Act.

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

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

‘The mother’s right to have access to full and unbiased information on both breastfeeding
and formula feeding shall be ensured,

SEC 7. Breastfeeding is Not Indecent Exposure. ~ No provision of law or local
ordinance on indecent exposure shall apply to breastfeeding an infant or a young child. A
mother may breastfeed her child in any location unrestricted, regardless of whether the mother
does so covered or not.

SEC 8. Breastfeeding in the Workplace. ~ In consonance with 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 babies in the workplace.

b) Facilitate the continuation of breastfeeding by setting-up lactation facilities and
providing educational programs on the benefits of breastfeeding.

c) Formulate policies supporting breastfeeding practices at the workplace that address
issues which include flexibility in work scheduled and break-times so nursing mothers may
express their breast milk; and

4) Employers shall provide mothers with paid lactation break time to express milk or
breastfeed as provided for in Republic Act No. 10028.


SEC 9. Breastfeeding in the Malls or other Establishments. — Owners of malls and other
establishments shall set up lactation facilities for women who breastfeed their children within
the premises of their establishments,

SEC 10. Lactation Facilities. - Employers shall provide a clean and private location in
the workplace where mothers can express milk or breastfeed in privacy. These lactation
facilities shall have access to clean, safe water source and sink for washing hands and rinsing
out any needed breast-pumping equipment and access to hygienic storage facilities for the
mother’s breast milk. These facilities shall also include changing tables for women who wish to
change the clothes and diapers of infants and young children.

CHAPTER HL
Rooming-in and Breastfeeding of Infants

SEC 11. Applicability. ~ The provisions of this Chapter shall apply to all private and
government health institutions adopting rooming-in and breastfeeding as defined in this Act.

SEC 12. Normal Spontaneous Deliveries — Pursuant to Republic Act No. 7600,
otherwise known as the “Rooming-in and Breastfeeding Act” 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; or
b) Infants with low birth weights but who can suck

SEC. 13. Caesarian Deliveries. — Well infants, as determined by the attending
physician, delivered by caesarean section shall be roomed-in and breastfed within three (3) to
four (4) hours after birth.

SEC. 14. 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 12 of this Act, shall be roomed-in and breastfed
immediately.

SEC. 15. Exemptions. — Infants whose conditions do not permit rooming-in or
breastfeeding as determined by the attending physician and infants whose mothers are either:

‘ously ill;
b) Taking medications contraindicated to breastfeeding;
©) Violent psychoties; or

d) Other conditions, which do not permit breastfeeding and rooming-in as determined by
the attending physician

shall be exempted from the provisions of Sections 12,13,and 14 of this Act: Provided That,
these infants shall be fed expressed breast milk or wet-nursed as determined by the attending
physician, subject to the consent of the parents or legal guardian of the infant.

SEC 16. Provision of Facilities for Breast milk 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 DOH.



SEC 17. Incentives. — Pursuant to Section 13 of Republic Act No. 7600, as amended, the
expenses incurred by private health, business, and other institutions in complying with the
provisions 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.

Government health 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 18. Advertisements. - Pursuant to Section 18 of Republic Act No. 10028, otherwise
known as “Expanded Breastfeeding Promotion Act of 2009”, hospitals and health institutions
may advertise themselves as “Baby Friendly” health facility, and business and other work
institutions may advertise themselves as “Mother Friendly Employers” if they comply with all
the requirements under Section 14 of R.A. No. 10028

CHAPTER IV
Information and Education

SEC 19. Information and Education. — a.) The DOH shall ensure that objective and
consistent information is provided on infant and young child feeding for use by families and
those involved in the field of infant and young child nutrition. This responsibility shall cover the
planning, provision, design and dissemination of information on infant and young child
nutrition and the control thereof;

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

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

SEC 20, 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 on
maternal and infant care shall also be given to all health personnel in health institutions;

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

SEC. 21. Information Dissemination to Pregnant Women. — During the prenatal,
perinatal and postnatal consultations or confinements of the mothers or pregnant women in
health institutions, it shall be the obligation of the health institution and the health personnel to


immediately and continuously teach, train and support the women on current and updated
lactation management and infant care and to distribute written information materials on such
matters free of charge.

SEC. 22. 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 breast-milk and the hazards and risks of the improper use of
infant formula or other breast-milk substitutes. Feeding with infant formula shall be
demonstrated only to mothers who may not be able to exclusively breastfeed for medical
reasons, as determined by the attending physician, or for other legitimate reasons.

Pers

nnel employed in marketing products under this Act shall not, as part of their job

responsibilities, perform educational functions in relation to pregnant women or mothers of

fants: Provided however That, such personnel may be tapped for other functions by the health
care systems.

SEC. 23. Mandatory Information. — \nformational and educational materials, whether
written, audio, or visual, dealing with the feeding of infants and intended to reach pregnant
women and mothers of infants, shall include clear information on all the following points:

a.) Benefits of breast-milk and superiority of breastfeeding;

b) Importance of maternal nutrition and the preparation for and maintenance of
breastfeeding;
©) Negative effect on breastfeeding of introducing partial bottle-feeding on

breastfeeding; and

d) Difficulty of reversing the decision not to breastfeed; and where needed, the
proper use of infant formula, whether manufactured industrially or home-prepared: Provided
That, when such materials contain information about the use of infant formula, they shall
include the social and financial implications of its use; the health hazards of unnecessary or
improper use of infant formula and other breast-milk substitutes: Provided further That, such
materials shall not use any picture or text which may idealize the use of breast-milk substitutes.

SEC. 24. Donations of Informational, Education, Equipment or Materials. —
Donations by manufacturers or distributors of informational or educational equipment or
materials pertaining to the products defined in this Act shall be allowed only upon written
approval of the appropriate government authority. Such equipment or materials shall bear the
donating company’s name or logo, but shall not refer to a proprietary product and shall be
distributed only through the health care system.

SEC. 25. Breastfeeding as Part of the Curriculum. In coordination with the DOH, the
DepEd shall formulate a comprehensive education program on breastfeeding to be incorporated
in the elementary and secondary curriculum, The CHED shall likewise ensure that breastfeeding
and its importance are emphasized in the appropriate subjects in the medical and health-related
collegiate and post-graduate courses.

CHAPTER V

Research and Clinical Trials

SEC, 26. Research and Ethics Committee. ~ The DOH shall ensure that research
conducted for public policy purposes in the area or field of infant and young child feeding and
baby care, shall, at all times, be free from any commercial influence. Accordingly, the health
worker or researcher involved in such field or area must disclose any actual or potential conflict


of interest with the company/person funding the research. Research in the area or field of infant
and young child feeding and baby care and its funding shall be subjected to independent peer
review. Towards accomplishing these ends:

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

b) The 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.

c) 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 researches that have 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.

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

SEC. 27. Public Disclosure. — For purposes of transparency, a disclosure and/or
disclaimer of the sponsoring company shall be done by the company itself, health worker and
researcher involved through verbal declaration during public presentation of the research or
through acknowledgment in print upon publication of research results.

CHAPTER VI
Marketing of Breast milk Substitutes and Other Covered Products

SEC. 28. Scope. ~ This Chapter applies to the marketing and practices related thereto, of
the following covered products: (a) breast-milk substitutes; (b) infant formula; (c) bottle-fed
complementary foods, when marketed or otherwise used or presented to be suitable, with or
without modification, for use as a partial or total replacement of breast-milk; (d) feeding bottles;
(@) teats; and (£) other artificial feeding paraphernalia.

SEC. 29. Advertising and Promotions; When Prohibited. ~ For products covered under
this Act that are intended for infants from birth to twelve months, no advertising or promotions
directed to mothers and the public shall be allowed.

SEC. 30. Advertising and Promotions; When Allowed, — Advertising and promotions of
follow-on formula, growing-up milk or milk supplements intended for infants over twelve (12)
months of age shall be allowed. Permit requirements from the FDA shall be required only for
the conduct of sales promotion as defined under Section 4 of this Act, in accordance with the
procedure provided for under Articles 116, 117, 118, 119, 120, 121, 122, 123, and 124 of
Republic Act No. 7394, otherwise known as the “Consumer Act of the Philippines.”


A decision or order from the FDA denying an application to conduct sales promotion
under Article 116 of the Consumers Act of the Philippines shall be appealable to the DOH. The
decision of the Secretary of Health relating to this Act may be appealed as provided for in
Section 31 of this Act.

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

SEC. 31. Review of Orders or Decisions, ~ Notwithstanding the provisions of R.A. No.
7394 and R.A. No. 3720, otherwise known as the “Food and Drugs Cosmetics Act”, or any
other provisions of law, any party aggrieved by any order or decision of the Secretary of Health
relating to this Act may appeal said order or decision to the regular courts on questions of fact
and law within (15) days from receipt of decision or order.

SEC. 32. Advertising Content That Undermines the Benefits of Breastfeeding. ~ The
following texts, pictures, illustrations, or information are deemed to undermine the benefits of
breastfeeding and are hereby prohibited from being used when such advertisement pertains to
products covered under this Act:

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

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

©) __ Pictures or graphics of toys and animals being fed, whether by breast or bottle,
nor should materials depict animal or toy as mother
d) The term “humanized”, “maternalized”, “cl
words describing breast-milk substitutes or milk supplements:

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

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

¢ to mother’s milk” or similar

SEC. 33. Labels and Containers. ~ The following shall serve as standard for all labels
and containers. Each container shall have a clear, conspicuous and easily readable and
understandable message in Filipino and English printed on it, or on label, which message cannot
readily become separated from it, and which shall include the following points:

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

b) A statement “The use of infant formula must only be upon the advice of health
professionals”;

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

d) Instructions for appropriate preparation, and a warning against the health hazards
of inappropriate preparation.
) Neither the container nor the label shall have pictures or texts, which may

idealize the use of infant formula. They may, however, have trademark or logo, whether or not
registered, for easy identification of the product and for illustrating methods of preparation.

SEC. 34. Health and Nutritional Claims. — The following shall regulate health and
nutritional claims for products covered under this Act:

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

10


b) __ False or misleading information or claims of products covered under this Act are
prohibited.
©) Promotion of products under Section 30 of this Act must be objective, shall not

equate product as equal to breast-milk or breastfeeding and must not, in any case, undermine the
benefits of breast-milk or breastfeeding.

SEC. 35. Information to Health Workers. ~ Information provided by manufacturers and
distributors to health professionals regarding products under the scope of this Act shall be
limited to scientific and factual information. Such information shall not imply or create a belief
that bottle-feeding is equivalent or superior to breastfeeding.

SEC. 36. Promotions in Health Care System. ~ The following shall apply to the
promotion of produets covered under this Act in the health care system:

a) No health facility shall be the venue for the promotion to the general public of
products covered under this Act that are intended for infants from birth to twelve (12) months.
However, this Act does not preclude the dissemination of scientific and factual information to
health professionals as provided in Section 35 hereof.

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

c) Manufacturers, distributors and marketing firms or their representatives are
prohibited from hiring health professionals to disseminate, distribute and promote covered
products under this Act to the general public. This does not preclude the dissemination of
scientific and factual information to health professionals as provided in Section 35 hereof.

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

SEC. 37. Classes and Seminars for Women, — Manufacturers, distributors and
representatives of products covered under this Act shall not be allowed to hold activities,
classes, and seminars related to the promotion of products intended for infants from birth to
twelve (12) months.

SEC. 38, Inducements, Financial or material inducements to promote covered produc
shall not be given by manufacturers, distributors and representatives of said products, nor shall
this be accepted by mothers of infants, pregnant women, health workers, hospitals and other
health institutions, as well as their personnel within the health care system including members
of their families up to the third civil degree of consanguinity or affinity except for purposes of
research and clinical trials as provided for in Section 26 of this Act.

SEC. 39. Prohibition on Samples and Supplies. ~ Samples and supplies of covered
products intended for infants from birth to twelve (12) months or equipment/utensils for the
preparation or use of these products from manufacturers, distributors and representatives shall
not be allowed to be given to any member of the general public, mothers of infants, pregnant
women, health workers, hospitals and other health institutions, as well as personnel within the
healthcare system, including members of their families up to the third civil degree of
consanguinity or affinity, except as provided for in Section 26 hereof.

SEC. 40. Prohibition on Gifis. ~ Manufacturers, distributors, and representatives of
covered products shall not give gifis to promote covered products intended for infants from
birth to twelve (12) months to members of the general public, mothers of infants, pregnant
women, health workers, hospitals and other health institutions, as well as personnel within the
healthcare system, including members of their families up to the third civil degree of
consanguinity or affinity.

a


SEC. 41. Prohibition on Point of Sale. ~ There shall be no point of sale advertising,
giving of samples or any promotional devices to induce sales directly to the consumers at the
retail level, for covered products intended for infants from birth to twelve (12) months.

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

SEC. 42, Infant Feeding Warning. ~ Food products marketed for infant feeding which
do not meet all the standards for an infant formula but which can be modified to do so, shall
carry a warning on the label that the modified product is not suitable for satisfying by itself the
nutritional requirements of normal healthy infants.

SEC. 43, Authority of the FDA. ~ In addition to the requirements in the immediate
preceding paragraphs, the labels of food products shall conform to the rules and regulations of
the FDA that are consistent with the provisions of this Act.

SEC. 44, Quality. ~ The following standards must be observed in the production and
marketing of products under this Act:

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

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

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

CHAPTER VIL
Donation

SEC. 45. Donations. ~ Donations of coyered products intended for infants from birth to
twelve (12) months from manufacturers and distributors shall not be allowed under normal
conditions: Provided, however That, during times of natural disaster and calamity or national or
local emergency situations, donations of covered products shall be allowed upon approval of the
National Disaster Risk Reduction and Management Couneil (NDRRMC) in coordination with
the Local Health and Nutrition Officers of affected locality: Provided further, That the donation
shall be subjected to the guidelines issued by the DOH, which include, among others, proper
handling, storage and distribution.

CHAPTER VIII
Implementation and Monitoring

SEC. 46, Inter-Agency Committee (IAC). — An Inter-Agency Committee is hereby
created under the Department of Health.

2


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

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

1) To promulgate rules and regulations necessary for the effective implementation
of this Act;

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

3) To cause the prosecution of the violators of this Act;

4) To prescribe the internal and operational procedure for the exereise of its powers
and functions as well as the performance of its duties and responsibilities; and

5) To exercise such other powers and functions as may be nec
attainment of the purposes and objectives of this Act.

ssary for the

SEC. 47. Sanctions, ~ The following sanctions 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 two
(02) months to not more than six (6) years imprisonment or a fine of not less than One
Thousand pesos (Php!,000.00) but not more than One hundred thousand pesos (Php
100,000.00) or both at the discretion of the court, Should the offense be committed by a
juridical person, the Chairman of the Board of Directors, the president, general manager, the
partners and/or the persons directly responsible therefore, shall be penalized; and

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

CHAPTER XIII
Final Provisions

SEC. 48. Suppletory Provision. ~ The provisions of R.A. No. 7600, as amended, shall
have suppletory application on matters not provided for in this Act

SEC. 49. Implementing Rules and Regulations (IRR). ~ The DOH, in connection with
other government agencies, shall issue the IRR for this Act within one hundred twenty (120)
days from its effectivity.

SEC. 50. Separability Clause. — The provisions of this Act hereby deemed separable. If

any provision thereof be declared invalid or unconstitutional, such invalidity or

B


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

SEC. 51. Repealing Clause. — All laws, orders, issuances, and rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 52. Effectivity. — This Act shall take fifteen (15) days after its publication in two
(2) national newspapers of general circulation.

Approved,

4