SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.,B. No. 671 
..iemxtr'" 
~.ff.;t' "f.t4 •. ~_.lI1:t 
'13 JUL -9 A9 :14 
REt'F.IV En "Y'-r-
Introduced by Senator Loren Legarda. 
EXPLANATORY NOTE 
Breastmilk is the ideal food for newborns and infants because it not only 
provides them 'all the nutrients they need for ,healthy development, but also contains 
antibodies that protect them from common childhood illnesses including diarrhea ap,d 
pneumonia. The WHO recommends that infants be restricted to breastfeeding for the 
first six months of their life, after which, other foods should be given along with 
continuous breastfeeding for up to two years and beyond. 
Breastfeeding has also been proven to bring mothers several health benefits, such 
as reduced risks of acquiring breast and ovarian cancer, faster restoration of pre-
pregnancy weight, and less pr9bability of being obese. 
, Studies have also revealed that breastfeeding provides health benefits later in 
life. Most adults who were'breastfed as babies have lower blood pressure and lower 
chole~terol, are less likely to become overweight and obese, and are less prone to type-2 
diabetes. 
' 
In contrast, the use pf infant formula tan lead to some health hazards, primarily 
because it lacks the antibodies found in breastmilk. Also, many families do not have 
access to safe water, therefore, children are' at greater risk of acquiring water-borne 
, ,'diseases when powdered milk is mixed with unsafe water. 
With the worldwide rate of less than 40% of infants ,under six months of age 
being exclusively breastfed, a lot of parents are obviously still unaware of the necessity 
of practicing breastfeeding. This is due to the lack of information on the multitude of 
benefits that come with breastfeeding' and on the (::onsequences of using substitute 
formula. 
This bill aims to inform families, health workers, and those involved in the field 
of infant and 'young child nutrition, on"the advantages and superiority of breastfeeding. 
maternal nutrition, and the proper, use of infant formula, among others. 
In view of the foregoing, the passage of this bill is earnestly sought. 
_%=~. 
Senator, 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES' ) 
First Regular Session 
) 
SENATJ.i 
S. B. No. _o_'11 
Introduced by Senator Loren Legard~ 
>fnatr 
.If'ff "f t~.fo""'''It'l 
'13 JIlL -9 A9:14 
---------------------------.' " 
AN ACT 
PROTECTING, PROMOTING AND PRIORITIZING BREASTFEEDING AS A 
MEANS OF ENSURING THE HEALTH AND WELL-BEING OF INFANTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
, 
1 
CHAPTER I 
2 
GENERAL PROVISIONS ' 
3 
4 
.sECTION 1. Short Title. This Act shall be known as the IIBreastfeeding 
5 
Promotion Act of 2013.~' 
6 
7 
SEC. 2. o.bjectives. This Act aims to contribute to the provision of safe and 
8' adequate nutrition for infants by the protection, promotion and support of breast 
9 
feeding and by ensuring' the proper use of breastmilk substitutes when these are 
10 
necessary, on the basis of adequate information and through appropriate marketing and 
11 
distribution. 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
SEC. 3. Scope. This Act applies to the marketing and practices related thereto, of 
the following products: breastrriilk substitutes, including infant formula; other milk 
products, foods and beverages, including bottle-fed complementary foods,' when 
marketed or otherwise represented to be suitable, with or without modification, for use 
as a partial or total 'replacement of breastmilk; and feeding bottles and teats. It also 
applies to their quali~ and availability, and to information concerning their use. 
SEC. 4; 
Definiti(Jn of Terms: For the purposes of this Act, the following 
definition of terms shall govern: 
23 
(a)" Advertising" means the business of conceptualizing, presenting or 
24 
making available to the public, through any form of, mass media, fact, data' or 
25, 
information about the attributes, features, quality or availability of products within the 
26 
scope of this Act. 
27 
28 
(b) 
/'Breastmilk Substitute" means any food being marketed or otherwise 
29 
represented as a partial or total replacelllent for breastmilk, whethe:r' or not suitable for 
30 
that purpose. 
31 
32 
(c) 
"Compl~mentary Food or Breastmilk Supplement" means any food 
33 
whether manufactured or locally prepared, suitable as a comple~ent to breastmilk or to 
1 


1 --infant formula, when either becomes insufficient to satisfy the nutritional requirements 
2 
of the infant. This can include products al.so commonly called as "weaning food". 
3 
4 
(d) 
"Container" means any form of packaging of products for sale as a normal 
5 
retail unit, including wrappers. 
6 
7 
(e) 
"Distributor" means a person, corporation or any other entity in the public, 
8 
. or private'sector engaged in the business (whether dire,ctly,or indirectly) of marketing at 
9 
the wholesale or retail level a 'product within the 'scope of this Act. 
A "primary 
10 
distributor" is a manufacturer's sales agent, represenfative, national distributor, or 
11 
broker. 
12 
13 
14 
15 
16 
(g) 
(h) 
"DoH" refers to the Department of Health 
"Infant" means a person falling within the age bracket of 0-12 months. 
17 
(i) 
"FDA" refers to 'the Food and Drug Administration (FDA) created 
18 
pursuant to Republic Act No. 9711, formerly known as the Bureau of Food and Drugs 
19 
(BFAD). 
20 
21 
22 
23 
24 
25 
26 
27 I 
28 
29 
30 
31 
32 
'33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
0) 
"Health care system" means governmental, non-governmental 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 the purpose of this Act, the health care system 
does not include pharmacies or other established sales outlets. 
, 
(k) 
"Health Worker" means a person working in the health care system, 
wh~ther professional or nOh-professional, including volunteer workers. It also includes 
health workers in private practice. 
Traditional and other birth attendants, their 
assistants and other community volunteers involved in health and nutrition promotion 
and education shall likewise be included. 
(1) 
"Infant Formula" means a breastmilk substitute formulated industrially in 
accordance with ,applicable ,Codex Alimelltarius 'standards, to satisfy the normal 
nutritional requirements of infants up to between four to six months of age, and 
adapted to their physiological characteristics. Infant formula may also be prepared at 
'home in which case'it is described as ,"home-prepared." 
(m) 
"Label" means any tag, brand, mark, pictorial or other descriptivematt~r, 
written, printed, stenciled, marked, embossed or impressed on, or attached to, a 
container of any product within the scope 6f this Act. 
43 
(n) 
"Manufacturer" means a corporation ot other entity in the public or 
44 
private sector engaged in the business or function (whether directly or through an agent 
45 
or an entity controlled by or under contract with it) of manufacturing a product within 
46 
the scope of this Act. 
47 
48 
(0) 
"Marketing" 'means product prqmotion, distribution, selling, advertising, 
49 
product public relations, and information services. 
50 
51 
(p) 
"Marketing firm" refers to any entity that does marketing or provic!es 
52 
marketing services. 
53 
2 


1 
(q) 
"MarJ<eting personnel", means any person whose functions involve the 
2 
marketing of a product or products coming within the scope of this Act. 
3 
4 
(r) 
"Milk company" shall refer to the owner, manufacturer, distributor, of 
5 
breastmilk substitute or supplements, including their representatives who promote or 
6 
otherwise advance their commercial interests in marketing those products. 
7 
8 
(s) 
"Other milk products, foods and beverages" refers to any provision or 
9, 
drink marketed as a paJltial or total replacement of breas,tmilk. 
10 
11 
(t) 
"Other related products" refers to all materials used to administer 
, 12 
breastmilk substitutes, such as, but not limited. to, feeding bottles, teats and other 
13 
'artificial feeding paraphernalia. 
14 
15 
(u) 
"Products within the scope of this Act" shall pertain to breastmilk 
16 
substitutes, induding infant formula, other milk products, food and beverages, 
17 
including bottle-fed complementary foods, as well as teats and other commodititrs 
18 
which intend to replace or substitute, in whole or in part, breastmilk and breastfeeding. 
19 
20 
(v) 
'~Promotions" means the practice of giving temporary additIonal value to 
21 
,a product or service to achieve specific marketing objectives. . 
22 
23 
24 
cost. 
25 
26 
27 
(w) 
"Sample" means single or small quantities of a product provided without 
(x) 
"Secretary" shall mean the Secretary of Health. 
28 
(y) 
"Supplies" means' quantities of a product provided for use over an 
29 
extended period, free or at a low price, for social purposes, including those provided to 
30 
families iit need. 
31 
32 
(z) 
"Young child" means a person from the age of more than twelve (12) 
33 
months up to the age of three (3) years (36 mortths) 
34 
35 
36 
CHAPTER II 
37 
INFORMATION AND EDUCATION 
38, 
39 
SEC., 5. The Department of Health shall ensure that objective and consistent 
40 
' information is provided on infant and young child feeding for use by families and those 
41 
involved in the field of infant and young child nutrition. This responsibility shall cover 
42 
the planning, provision, design and dissemination of information, and the control 
43 
,thereof, on infant and young chtld nutrition. 
44 
45 
The Department of Health should take appropriate measures to encourage and 
46 
protect breastfeeding and promote the principles of this code. It should give 
47 
appropriate" information, training a~d advice, to health workers in regard to their 
48 
responsibilities; including the information specified in Section 6. 
49 
50 
SEC. 6. Standards. Informational "and educational materials, whether written, 
51 
audio, or visual, dealing with the feeding of infants and intended to reach pregnant 
52 
women and mothers of infants, shall include' clear information on all the following 
53 
points: 
3 


, . 
(a) 
the benefits and superiority of breastfeeding 
3 
4 
(b) 
maternal' nutrition, and the preparation for and maintenance of 
5 
breastfeeding 
6 
7 
8 
9 
10 
(c) 
(d) 
the negative effect on breast feeding of introducing partial bottle-feeding 
the difficulty of reversing the decision not to breastfeed 
11 ' 
(e) 
where needed, the proper use of infant formula, whether manufactured 
'12 
industrially or home-prepared. When such materials contain information about the use 
13 
of infant formula, they shall include the social and financial implications' of its use; the 
14 
health hazards of inappropriate foods or feeding methods; and, in particular, the health 
15 
hazards of unnecessary or improper use of infant formula and other breastmilk 
16 
substitutes. Such materials shall not use any picture or text which may idealize the use 
17 
of breastmilk substitutes, 
. 
18 
19 
SEC. 7. Donations of informational or educational equipment or materials by 
20 
manufacturer~ or distributors ~hould, be made only upon written approval of the 
21 
appropriate government authority. Such equipment or materials may bear the donating 
22 
company's name or logo, but should not refer to a proprietary product that is within the 
23 
scope of this Act, and should be distributed only through the health care system. 
24 
25 
SEC. 8. Manufacturers, distributors or representatives of products covered by the 
26 
Code may be allowed to conduct or be involved in the promotion, education and 
27 
production of Information, Education and Communication (1EC) materials on 
28 
breastfeeding, infant and young child care and nutrition, as long as the programs and 
29 
materials used are reviewed and approved by the Secretary. Promotion of products 
30 
intended for infants 0-12 months' as covered by this code will not be allowed in such 
31 
venues. 
32 
33 ' 
SEC. 9. Personnel employed in marketing products within the scope of this Come 
34 
shall not, as part of their job responsibilities, perform educatJonal functions in relation 
35 
to pregnant women or mothers of infarits and young children. This should not be 
36 
understood as preventing s11ch personnel from being 11sed for other functions by the ' 
37 
health care systems at the request and with the written approval of the appropriate 
38 . authority of the government concerned. 
' 
39 
40 
41 
CHAPTER III 
42 
RESEARCH 
43 
44 
SEC. 10. Research, Ethics Committee, Purpose - The DOH shall ensure that 
45 
research conducted for' public policy purposes, related to infant and young child 
46 
feeding, should, at all times, be free from any commercial influence/bias; accordingly, 
47 
the health worker or researcher involved in'such must disclose any actual or potential 
48 
conflict of interest with the company/person funding the research. In any event, such 
49 
research and .its funding shall be subjected to independent peer review. Towards 
50 
accomplishing these ends; 
51 
4 


1 
(a) 
Assistance for research and clinical trials giVen by manufacturers and 
2 
distributors are allowed only upon approval by an Ethics Committee and the bOH. 
3 
The same committee shall monitor said researches. 
4 
5 
6 
7 
8 
(b) 
The researches shall be conducted in accordance with an approved 
protocol. Any changes. in the protocol after it has been approved will be subject to a 
new review and, approval by the Ethics Committee 
. 
. 
9 
(c) 
Assistance for research may be allowed subject to the following 
10 
conditions: 
11 
12 
13 
14 
15 
.16 
17 
18 
19 
1. Researches involving well or ill infants and children as subjects shall b~ 
limited to physiological factors and therapeutic studies 
2. These studies should in no case be hannful to the subject 
3 .. Should be limited to those with potential benefits for the particular 
subject. 
20 
(d) 
Recipients of research awards shall not allow themselves, their 
21 
organizations cir their subjeCts, to be used dire2tly or indirectly for any promotional 
22 
activity related, to produc,ts'within the scope of this Ct,>de. These may be by way of 
23 
display. of posters and streamers patronizing the Company, their products and/or as 
·24 
lecturers/ speakers or testimonials in the promotion of the products that undermine 
25 
breastfeeding. 
. 
26 
27 
(e) 
Assistance for support' of laboratory costs, reagents and other materials 
28 
shall be allowed only upon approval and review by the Ethics Committee regarding the 
29 
used based on submitted protocol. 
. 
30 
31 
. 32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 . 
45 
46 
47 
48 
49 
50 
51 
52 
53 
SEC. 11. - Public Disclosure -For transparency purposes, a disclosure and/ or 
disclaimer of the sponsoring company should be done by the company itself, health 
worker, researcher involved 'through verbal declaration during public presentation of 
the research and in print upon publication. 
CHAPTER IV 
ADVERTISING, PROMOTION AND SPONSORSHIPS 
SEC. 12. Responsibilities of the Secretary -
The Secretary shall review all 
advertising, promption or other marketing materials, whether, written, audio, visual, 
audio-visual and electronics, indl~ding but riot limited to mail, email, text messages, 
telephone calls and web site advertising for products as defined under section 9 and 10 
of this code. 
. . 
The Secretary shall develop, update substantive and procedural gUidelines for 
reviewing advertising, promotional and marketing materials, including its screening 
when deemed appropriate. All such materials must have been approved and consented 
to in writing by the Secretary Sefore the company's first public or commercial' 
exhibition, 
SEC. 13. ~rior Written, Consent and Approval of the Secretary - No advertising, 
promotion or other marketing materials as defined in sections 14 and 15, whether 
5 


'1 
written, audio, visual, audio-visual, and electronic shall be printed, published, 
2 
distributed, exhibited and broadcasted or in any manner released to the public without 
3 
the prior review and approval by the Secretary. No blanket or general approval shall be 
4 
allowed. Such written approval must be.specific in product and time bound. 
5 
6 
SEC. 14. Advertising. 
7 
8 
(a) 
Advertising for infant for~ula and other products within the scope of this 
9 
code intended for infants 0-6 months shall not be allowed. 
10 
11 
(b) 
Advertising for infant formula and other products within the scope of this 
12 
code intended for infants 6-12 months shan be allowed upon review and approval of the 
13 
Secretary. 
14 
15 
(c) 
Advertising of breastmilk supplement for a young child 12 months and 
16 
older shall be allowed. 
17 
. 18 
SEC. 15. Promotions. 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
(a) 
The General Public-and Mothers 
1. Promotion for products within the scope of this code intended for infants 
0-12 months shall not be allowed. 
2. Promotions of breastmilk supplement for a young child 12 months and 
older shall be allowed as long as it does not undermine superiority of 
. breastfeeding. 
29 
(b) 
.,HealthcareSystem and Health Workers 
30 
31 
1. Promotion of products within the scope of this code intended for infants' 
32 
0-12 months shall be allowed upon the review and approval of the 
33 
Secretary. 
34 
35 
2. Promotion of products for a yoting child 12 months and older shall be 
36 
allowed as long as it does not undermine superiority of breastfeeding. 
37 
"38 
SEC 16. 
Contents of Materials. - The following shall not be included in 
39 
advertising, promotional and marketing materials: 
40 
41 
(a) 
Texts; pictures, illustrations or infor'mation which discourage or tend to 
42 
undermine the benefits or superiority of breastfeeding or which idealize the use of 
43 
breastmilk substitutes and milk supplements. In this connection, no pictures of babies 
44 
and children together with their mothers, fathers, siblings, grandparents, other relatives 
45 
or caregivers (or yayas) shaH be used in any advertisements for infant formula and 
46 
breastmilk supplements . 
. 47 
48 
(b) 
The term "humanized", "Maternalized", "close to mother's milk" or 
49 
similar words describing brea~tmilk substitutes or milk supplements 
50 
51 
52 
53 
(c) 
Pictures or texts that idealize the use.of infant and milk formula. 
SEC. 17. Health and Nutritional Claims. 
6 


1 
2 
(a) 
Health and nutritional claims for products within the scope of the Act are 
3 ,allowed as long as it is based on scientific and factual information upon review and 
4 
approval by the Secretary. 
5 
6 
,(b) 
False or ,misleading information or claims of products within the scope qf 
7 
the Code are prohibited. 
8 
9 
(c) 
Promotion of products within the scope of this Code must be objective 
10 
and should.not equate or make the product appear to be as good or equal to breastmilk 
11 
or breastfeeding, in the advertising concept. 
It must not in any case undermine 
12 
breastmilk or breastfeeding. 
13 
14 
, 
SEC. 18. 
Information to Healthcare Workers. - Information provided by 
15 
manufacturers and distributors to health professionals 'regarding products, within the 
16 
scope of this Code shall be restricted to scientific and factual information, and such 
17 
information shall not imply or create a belief that bottle-feeding is, equivalent or 
18, 
superior to breastfeeding. It shalLalso include the information specified in Section 6 (c). 
19 
20 
SEC. 19. Promotions in Healthcare System. -
21 
22 
(a) 
No facility of the health care system shall be used for the purpose of 
23 
promoting products intended for infant 0-12 months, within the scope of this Act. This Act 
24 
does not however preclude the dissemination of scientific and factual information to 
25 
health professionals as provided in Section 18. 
26 
27 
(b) 
Facilities of the health care system shall not be used for the display of 
28 
products, posters and materials intended for infants 0-12 months within the scope of this 
29 
Code as provided by a manufacturer or distributor. 
30 
31 
(c) 
Manufacturers, distributors and marketing firms or the representatives are 
32 
prohibited from using the health workers in the 'dissemination, distribution and 
33 
promotion of products intendedfor infants 0-12 months within the scope of this Act. 
34 
35 
36 
37 
38 
39 
40 
,41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
(d) 
The use by the health care system of "professional service" representatives, 
"mothercraft nurses" or similar personnel, provided or paid for by manufacturers or 
distributors, shall not be pennitted. 
SEC. 20. 
Classes, Seminars for Women. - Manufacturers, distributors and 
representatives of milk companies shall 'not be allowed to hold activities, classes and 
seminars for pregnant women aml mother of infants related to the promotion of 
products intended for infants 0-12 months as covered by this Act, 
, 
I 
SEC. 21. Inducements. - Financial or material inducements to promote products 
within the scope of this Act shall not be given by milk companies to nor shall this be 
accepted by the general public, mothers, pregnant women, health workers, hospital and 
other health institution, as well as to personnel within the health care system including 
members of their families except as provided for in section 6 and 20. 
, SEC. 22. Samples and Supplies. ~ Samples and supplies of products within the 
scope of this code intended for infants 0-12 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, 
7 


1 
.mothers, pregnant women, health workers, hospitals and other health institutions, as 
2 
well as personnel within the healthcare system, including members of their families 
3 
e)(cept as provided for in sections 6 and 26. 
4 
5 
Samples and supplies of products within the scope of this code intended for 
6 
infants 0-14 months cannot be given by health workers to the general public, mothers 
7 
and pregnant women including members of their families. 
8 
9 
SEC. 23. 
Gifts of Any Sort. - Gift of any sort with or without company 
10 
name/logo, 
product 
or 
brand 
name 
to 
promote 
products 
or 
11 
equipment/utensils/articles for the preparation or use of these products within the 
12 
scope Of this Act intended for infants 0-12 months from manufacturers, distributors and 
13 
representatives shall not be. allowed to be given to 'any member of the general public, 
. 14 
mothers, pregnant women, health workers, hospitals and other health institutions, as 
15 
well as personnel within the healthcare system, including members of their families. 
16 
17 
SEC. 24. Point of Sale. - There shall be no point of sale advertising, giving of 
18 
samples or any promotion devices to induce sales directly to the consumers at the retail 
19 
level, such' as special displays, discount coupons, premiums, rebates, special sales, 
20 
bonus and tie-in sales, loss-leaders, prizes or gifts for the products intended for infants 
21 
0-12 months within the scope of this Act. 
This provision shall not restrict the 
22 
establishment of pricing policies and practices intended to provide products at lowEjr 
23 
prices on a long-term basis. 
24 
25 
26 
CHAPTER V 
27 
CONTINUING EDUCATION 
28 
29 
. SEC. 25. Continuing Education and Training. - Manufacturers and distributors 
30 
of products within the scope of this Act .may assist in the research, scholarships and 
31 
continuing education' of health professionals, in accordance with the rules and 
32 
regulations promulgated by the Department of Health. 
33 
34 
35 
36 
37 
CHAPTER VI 
DONATION 
38 
SEC. 26. Donations.' - Nothing herein contained shall prevent donations from 
39 
manufacturers and distributors of products within the scope of thts Act upon the 
40 
approval of the Secretary. 
. 
41 
42 
(a) 
Government and non-profit organizations accredited by the Department 
43 
of Social Work and Development that care for infants and children, and lack access to 
44 
wet 
nurses 
and 
lacta,ting 
mothers 
may 
receive 
donations 
from 
45 
manufacturers/distributors of products. 
46 
47 
(b) 
In 
cases 
·of 
disasters/emergencies, 
donations 
from 
48 
manufacturers/ distributors/ organizations and other of products within the scope of 
49 
the code may be received/ distributed 'to the affected population under the supervision 
50 
of government agencies or Ilon-profit organizations. The organizations concerned shall 
51 
submit a written report within thirty (30) days from receipt of donations including 
52 
. name of organization, donations receive.d, distribution list and other permanent details. 
8 


1 
Receiving institutions shall not participate in any promotional activities 0f 
2 
manufacturer/ distributors of products within the scope of the Code. 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(c) 
Donations should only be.the last resort when other means such as human 
milk banking and wet nursing have failed after reasonable effort. 
, 
(d) 
Equipment and materials, in addition to those referred to in Section 7, 
donated to health care system may bear a company's name or logo, but should notrefer 
to any proprietary product within the scope of this Act. 
CHAPTER VII 
CONTAINERS AND LABELS 
14 
SEC. 27. ContainerslLabels. 
15 
16 
(a) 
Containers and/or labels shall be designed to provide the necessary 
17 
information about the appropriate use of the products, and in such a way as not to 
18 
discourage breastfeeding. 
19 
20 
(b) 
Each container shall have a clear, conspicuous and easily readable and 
21 
. understandable message in' Pilipino or. English pririted on it, or on a label, which 
22' message can not readily become separated from it, and which shall include the 
23 
. following points: 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
1. 
2. 
3. 
4. 
. The words "Important Notice" or their equi~alent 
A statement of the superiority of breastfeeding 
A statement that the product shall be used only on the advice of a health 
worker as to the need for its use and the proper methods of use; and 
Instructions for appropriate preparation, and a warning against the health 
. hazards of inappropriate preparation. 
. 
35 
. (c) 
Neither the container nor the label shall have pictures or texts which may 
36 
idealize the use of infant formula. They may, however, have graphics for easy 
37 
identification of the product arid for illustrating methods of pr,eparation. 
38 
39 
40 
(d) 
I 
The term "humanized," "maternalized" or similar terms shall not be used. 
41 
(e) 
Neither the container nor the label of milk products intended for infants 0-
42 
12 .n:i.onths within the scope of this Act shall have pictures of babies and children 
43 
together with their mothers, fathers, siblings, grandparents, other relatives or caregivers 
14 
(or yayas) or such other pictures and graphics of similar import. 
45 
46 
SEC. 28. Infant Feeding Warning. - Food products within the scope of this Act 
47 
marketed for infant feeding, which do not meet all the requirements of an infant 
48 
formula but which can be modified to do so, shan carryon the label a warning that the 
49 
unmodified product should ~ot be the sole source of nourishment of an infant. 
50 
51 
SEC. 29. Authority of the FDA. - The labels of food products within the scope of 
52 
this Act shall, in addition to the reqlllrements in the preceding paragraphs, conform 
53 
with the rules and regulations of the'Food and Drugs Administration. 
9 


1 
2 
3 
4 
5 
6 
SEC. 30. Quality. -
7 
CHAPTER VIII 
QUALITY 
8 
(a) 
The quality of products is an essential element for the protection of the 
9 
health of infants, and therefore shall be of high recognized standard. 
10 
11 
(b) 
Food products within the scope of this Act shall when sold or otherwise 
12 
distributed, meet applicable standards. recommended' by the Codex Alimentarius 
13 
Commission and 
also the Codex Code of Hygienic Practice for Foods tor Infants and 
14 
Children. 
15 
16 
(c) 
To prevent quality deterioration. adulteration or contamination of food 
17 
products within the scope of this Act, distribution outlets, including the smallest sa~i-
18 
sari store, 
shall not be allowed·to open cans and boxes for the purpose of retailing 
19 
them by the <;up, bag or in any other form. 
20 
21 
22 
23 
24 
CHAPTER IX 
IMPLEMENTATION AND MONITORING 
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SEC. 31. Powers and Functions of the Secretary.-
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(a) 
For purposes of· Section 8 of this Act, the Secretary shall have the 
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following powers and functions: 
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1. To review and . examine all advertising, promotion or other marketing 
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materials, whether written, audio or visual, on products within the 
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scope of this Act; 
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2. To approve or disapprove, delete objectionable portions from and 
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prohibit the printing, publication. distribution, exhibition and 
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. broadcast of, all advertising promotion or other marketing materials, 
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whether written, audio or visual, on products within the scope of this 
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Act; 
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3. To prescribe the internal and operational procedure. for the exercise of 
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its powers and functions as well as the performance of its duties and 
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responsibilities; and 
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4. To promulgate such rules and regulations as are necessary or proper 
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for the implementation of Section 8 of this Act. 
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(b) 
The Department of Health (DOH) shall be principally responsible for the 
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implementation and enforcement bf the provisions of this Act. For this purpose, the 
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Department of Health shall have the following powers and function: 
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1. To promulgate such rules and regulations as are necessary or proper 
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for the implementation of this Act and the accomplishment of its 
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purposes and objectives. 
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2. To call the assistance of government agencies and the private sector to 
ensure the implementation and enforcement of, arid strict compliance 
with, the provisions of this' Act and the rules and regulations 
promulgated in accordance herewith. 
3. To cause the prosecution of the violators of this Act and other 
pertinent laws on products covered by this Act. 
4. 'To exercise such other powers and functions as may be necessary for 
or incidental to, the attainment of the purposes and objectives of this 
Act. 
CRAPTERXI 
SANctIONS 
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SEC. .31. Sanctions. -
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(a) 
Any person who violates the provlslOns of this Act or the rules and 
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regulations issued pursuant to this Act shalL upon conviction, be punished by a 
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penalty of Two Hundred Fifty Thousand Pesos (P250,000.OO). Should the offense be 
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committed by a juridical person, the Chairman of the Board of Directors, the president, 
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general manager, or the partners and! or the persons directly responsible therefore, 
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shall be penalized. 
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(b) 
Any license, permit or authority issued by any government agency to any 
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health worke:r; distributor, manufacturer, or marketing firm or personnel for the 
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practice of their professional 'or occupation, or for the pursuit of their business, may, 
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upon recommendation of the Deparpnent of Health, be suspended or revoked in the 
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event of repeated violations of this Act, or of the rules and regulations issued pursuant 
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to this Act. 
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CHAPTER XIII 
FINAL PROVISIONS 
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SEC. .32. Implementing Rules and Regulations. - The DOH shall issue the 
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implementing rules and regulations for this Act within one hundred twenty days (120) 
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days frbm its effectivity. 
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SEC. 33. Separability Clause .. - If for any ~eason, any part or provision this Act 
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be declared invalid or unconstitutional, such invalidity or unconstitutionality shall not 
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affect the other provisions which shall remain in full force and effect. 
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SEC. ~4. Repealing Clause. - Executive Order No. 51, promulgated on October 
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20, 1986 is hereby repealed. All orders, issuances, and rules and regulations or parts 
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thereof inconsistent with this Act are hereby repealed and modified accordingly. 
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SEC. 35. EffectiVity. -This Act shall take effect fifteen (15) days after its 
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publication in any newsp~per of general circulation., 
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Approved, 
, 
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