(DRAFT SUBSTITUTE BILL AS OF JULY 9, 2012) Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila FIFTEENTH

CONGRESS Second Regular Session HOUSE BILL NO. ________ (In substitution of HBs No. 3396, 3525, 3527, 3537) ______________________________________________________________________
Introduced by Reps. Anna York P. Bondoc, Magtanggol T. Gunigundo I, Josephine Veronique R. Lacson-Noel, Lani Mercado-Revilla, Alfredo D. Maraon III, Gloria M. Arroyo, Ma. Angelica M. Amante-Matba, Philip A. Pichay, Rachel Marguerite Del Mar, Maria Zenaida B. Angping, Bernadette R. Herrera-Dy, Catalina C. Bagasina, Linabelle Ruth R. Villarica, Eleanor C. Bulut-Begtang, Milagrosa 'Mila' T.Tan,Thelma Z. Almario, Marlyn L. PrimiciasAgabas, Ma. Amelita A. Calimbas-Villarosa, Reena Concepcion G.Obillo, Julieta R.Cortuna, Herminia B. Roman, Enrique M. Cojuangco, Robert Estrella, Victor Francisco C. Ortega, Erico B. Aumentado, Arnulfo F. Go, Jerry P. Treas, Joaquin Carlos Rahman A. Nava, Antonio L. Tinio, Alfredo Garbin Jr., Cesar V. Sarmiento, Nur Ana I. Sahidula, Bai Sandra A. Sema, Mylene J. Garcia-Albano, Oscar G. Malapitan, Aurelio 'Dong' Jr. D.Gonzales, Teddy A. Casio, Pablo John F. Garcia, Pryde Henry A.Teves, Narciso R. Bravo Jr., Justin Marc S. Chipeco, Neil Benedict A. Montejo, Maria Jocelyn V.Bernos, Susan A.Yap, Josefina M. Joson, Mercedes K. Alvarez, Daryl Grace J. Abayon, Maria Carmen Zamora-Apsay, Ana Cristina S. Go, Maria Valentina G. Plaza, Ma. Rachel J. Arenas, Carol Jane. B. Lopez, Rufus B. Rodriguez, Monique Yazmin Q. Lagdameo, Florencio G. Noel, Pedro B. Acharon, Jr. Acmad Tomawis, Edwin L. Olivarez, Jose Carlos L. Cari, Sherwin N. Tugna, Karlo Alexei B. Nograles, Salvador H. Escudero III, Teodorico T.Haresco Jr., Joseph Emilio A. Abaya, Tomas V. Apacible, Mar-Len Abigail S. Binay, Jocelyn S. Limkaichong, Irvin M. Alcala, Sergio A. F. Apostol, Czarina D. Umali, Joseph Victor G. Ejercito, Yevgeny Vincente B. Emano, Ma. Georgina P. De Venecia, Rodante D. Marcoleta, Roman T. Romulo, Imelda G. Calixto-Rubiano, Mark Llandro L. Mendoza, Janette L. Garin, Rex Gatchalian, Nancy A. Catamco, Luis R. Villafuerte, Marc Douglas IV C. Cagas, Rodolfo W. Antonino, Pedro M. Pancho, Rolando G. Andaya Jr., Wilfrido Mark M. Enverga, Gomez, Lucy Torres, Elmer E. Panotes, Mary Mitzi L. Cajayon, Emmi A. De Jesus, Napoleon S. Dy, Francis Emmanuel R. Ortega, Jesus Crispin C. Remulla, Leopoldo N. Bataoil, Hermilando I. Mandanas, Ma. Theresa B.Bonoan-David, Antonio A. Ferrer, David L. Kho, Lord Allan Jay Q. Velasco, Angelo B. Palmones, Luzviminda C. Ilagan, Rogelio J. Espina, Marcelino R. Teodoro, Jose R. Ping-Ay, Mariano U. Piamonte Jr., Eduardo R. Gullas, Arnel U. Ty, Guillermo A. Romarate Jr., Amado S. Bagatsing, Mel Senen S. Sarmiento, Elpidio F. Barzaga Jr., Salvio B. Fortuno, Rodolfo G. Valencia, Maria Isabelle 'Beng' G. Climaco, Aurora E. Cerilles, Roger G. Mercado, Rodel M. Batocabe, Irwin C. Tieng, Isidro T. Ungab, Roy M. Loyola, Nelson L. Dayanghirang, Erineo S. Maliksi, Vicente F. Belmonte Jr., Orlando B. Fua, Agapito H. Guanlao, Christopher

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S. Co, Florencio C. Garay, Catalina Leonen-Pizzaro, Kimi S. Cojuangco, Eulogio "Amang" R. Magsaysay, Giorgidi B. Aggabao, Fernando V. Gonzalez, Jane T. Castro, Sharon S. Garin, Solaiman C. Pangandaman, Tomas R. Osmea, Ferdinand Martin G. Romualdez, Carlos M. Padilla, Nicanor M. Briones, Sonny P. Collantes, Salvador P. Cabaluna III, Pastor Jr. M. Alcover, Manuel S. Agyao, Pedro P. Romualdo, Jesus "Boying" F. Celeste, Jeci A. Lapus, Isidro S. Rodriguez Jr., Dakila Carlo E. Cua, Maximo B. Dalog, Bernardo M. Vergara, Michael Angelo C. Rivera, Benhur L. Salimbangon, Jose S. Aquino II, Sigfrido R.Tinga, Andres D. Salvacion, Ben P. Evardone, Florencio T. Miraflores, Joel Roy R. Duavit, Raul A. Daza, Abigael Faye C. Ferriol, Neri Colmenares, Arthur C. Yap, Pablo P. Garcia, Ronald M. Cosalan, Danilo Ramon Fernandez, Scott Davies S. Lanete, Erico Basilio A. Fabian, Seth Frederick P. Jalosjos, Eufranio "Franny" C. Eriguel, Winston "Winnie"Castelo, Rene L. Relampagos, Randolph S. Ting, Gabriel Luis R. Quisumbing, Edcel C. Lagman, Emil L. Ong, Ponciano D. Payuyo, Rafael V. Mariano, Antonio A. Del Rosario, Renato J. Unico Jr., Rosenda Ann Ocampo, Cesar G. Jalosjos, Romeo M. Jalosjos Jr., Peter Pedro' M. Unabia, Sr., Danilo E. Suarez, Juan Edgardo M. Angara, Florencio T.Flores Jr., Raden C. Sakaluran, Simeon A. Datumanong, Loreto Leo 'Leo' S. Ocampos, Augusto Boboy Syjuco, Mariano Michael M. Velarde Jr., Imelda R. Marcos, Tupay T. Loong, Joseph Gilbert F. Violago, Ma. Victoria R. Sy-Alvarado, Rodolfo B. Albano, Jorge T. Almonte, Carmelo F. Lazatin, Mark A. Villar, Deogracias B. Ramos Jr., Teddy Brawner Jr. Baguilat, Baby Aline Vargas-Alfonso and Francisco "Lalo" T. Matugas,

______________________________________________________________________ AN ACT PROMOTING A COMPREHENSIVE PROGRAM ON BREASTFEEDING PRACTICES AND REGULATING THE TRADE, MARKETING AND PROMOTIONS OF CERTAIN FOODS FOR INFANTS AND YOUNG CHILDREN Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS 1SECTION 1. Short Title. - This Act shall be known as the Breastfeeding Promotion and 2Infant Formula Regulation Act. 3 4SEC. 2. Declaration of State Policies and Principles. - It is hereby declared the policy of 5the State to promote breastfeeding as the best possible source of food and nutrition for 6infants and young children. As a basic act of nurture beneficial to the health of both mother 7and child, exclusive breastfeeding of infants from birth to six months shall be encouraged. 8Every effort to use locally available foods to complement breastmilk shall be encouraged. 9This policy is in consonance with the duty of the State to protect the peoples right to health 10under the Constitution and international law. 11 1 2 2

1SEC. 3. Objectives. - This Act shall have the following objectives: 2 a) To promote, protect and support exclusive breastfeeding as the means of 3 nourishment for the first six (6) month of life; 4 5 b) To promote, protect and support breastfeeding as the optimal and unparalleled 6 means of providing safe and adequate nutrition for infants and young children ; 7 8 c) To promote and support proper and timely complementary feeding, which includes 9 the giving of low-cost yet nutritionally-adequate indigenous food; 10 11 d) To preserve and protect the integrity of the Philippine healthcare system by 12 regulating the marketing, promotions, sales practices and strategies of 13 manufacturers, distributors and marketing personnel; 14 15 e) To properly inform the general public about the proper use of breastmilk substitutes, 16 breastmilk supplements and related products through adequate, consistent and 17 objective information and appropriate regulation of the marketing and distribution of 18 said products; 19 20 f) To promote a mother-and baby-friendly environment in every health care institution, 21 facility, health care organization and association, office, school and public place that 22 is conducive to the advancement of the breastfeeding culture; 23 24 g) To ensure compliance with pertinent provisions of binding international 25 commitments and covenants entered upon by the Philippines, including specifically, 26 the 2002 Global Strategy for Infant and Young Child Feeding, the International Code 27 on the Marketing of Breastmilk Substitutes and Related Products, and subsequent 28 Resolutions of the World Health Assembly which the Philippines supports; 29 30 h) To widely promote and protect breastfeeding as a simple yet cost-effective means 31 of alleviating poverty and decreasing dependence on imports; 32 33 i) To encourage the general public to form breastfeeding groups or associations to 34 develop suitable programs and further the growth and empowerment of the 35 country's women and children under an international ethical standard; 36 37 j) To encourage the revival of wet nursing among mothers to include those in 38 orphanages and other child care centers; 39 40 k) To encourage the revival of Filipino indigenous practices that sustained 41 breastfeeding in the past, the reduction of dependence on expensive importation on 42 non-human milk, the support for breastfeeding mothers in families and communities. 43 44SEC. 4. Definition of Terms. For purposes of this Act, the following terms shall be 45defined as follows: 1 2 3

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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 Consumers Act of the Philippines.
b) Age of Gestation shall refer to the length of time the fetus is inside the mother's

womb.
c) 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) f)

Breastmilk shall refer to the human milk from a mother.

Breastmilk Substitute shall refer to any food intended for infants being marketed or otherwise presented as a partial or total replacement for breastmilk. Container shall refer to any form of packaging of products for sale as a normal retail unit, including wrappers
g)

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

Committee or IAC shall refer to the Inter-Agency Committee created under Section 48 hereof.
i) j) Complementary Food shall refer to any food whether manufactured or home

prepared, suitable as a complement to breastmilk or infant formula when either becomes insufficient to satisfy the nutritional requirements of the infant. Such food is also commonly called weaning food or breastmilk supplement. Department shall refer to the Department of Health (DOH) created pursuant to Executive Order No. 94.
k)

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

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

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

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 breastmilk substitute, breastmilk supplement, infant formula, and complementary foods at wholesale or retail level; A "primary distributor" is a manufacturer's sales agent, representative, national distributor or broker.
o)

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

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 (BFAD).

Follow-on Formula shall refer to milk or milk-like product formulated industrially in accordance with Codex Alimentarius Standards presented as suitable for infants from six (6) months or older.
r) s) Formula Feeding shall refer to the feeding of an infant with an infant formula

usually by bottle-feeding. It is also called artificial feeding.

p) Health Institutions shall refer to hospitals, health infirmaries, health centers, lying-in

centers, or puericulture centers with obstetrical and pediatric services.

q) 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.
r) Health Worker shall refer to a person working in a component of the health care

system, whether professional or non-professional, including volunteer workers. It also includes health workers in both public and private practice engaged in health care for mothers of infants, infants and pregnant women. Traditional birth attendants and their assistants shall likewise be included.
s) Infant shall refer to a person falling within the age bracket from birth to twelve (12)

months.
t)

Infant Formula shall refer to a breastmilk substitute formulated industrially in accordance with applicable Codex Alimentarius standards to satisfy the normal 5

1 nutritional requirements of infants up to six (6) months of age and adopted to their 2 physiological characteristics. 3 4 u) Label shall refer to any tag, brand, mark, pictorial or other descriptive matter, 5 including enclosed literature, written, printed, stenciled, marked, embossed or 6 impressed on, or attached to, a container of any product within the scope of this 7 Act. 8 9 v) Low Birth Weight Infant shall refer to a newborn weighing less than two thousand 10 five hundred (2,500) grams at birth. 11 12 w) Lactation Management shall refer to the general care of a mother-infant nursing 13 couple during the mother's prenatal, immediate postpartum and postnatal periods. It 14 deals with educating and providing knowledge and information to pregnant and 15 lactating mothers on the advantages of breastfeeding, the physiology of lactation, 16 the establishment and maintenance of lactation, the proper care of breast and 17 nipples, and such other matters that would contribute to successful breastfeeding. 18 19 x) Manufacturer shall refer to any person who manufactures, assembles or processes 20 consumer products, except that if the goods are manufactured, assembled or 21 processed for another from another person who attaches his own brand name to the 22 consumer products, the latter shall be deemed the manufacturer. In case of 23 imported products, the manufacturers representative or, in his absence, the 24 importer shall be deemed the manufacturer. 25 26 y) Marketing shall refer to product promotion, distribution, selling, advertising, product 27 public relations and information services. 28 29 z) Marketing firm shall refer to any entity that does marketing or provides marketing 30 services. 31 32 aa) Marketing personnel shall refer to any person whose functions involve the marketing 33 of a product or products covered within the scope of this Act. 34 bb) Mother's milk shall refer to the breastmilk from the newborn's own mother. 35 36 37 cc) Products shall refer to breastmilk substitutes, breastmilk supplements, infant 38 formula, and complementary foods, when marketed or otherwise used or presented 39 to be suitable, with or without modification, for use as a partial or total replacement 40 of breastmilk; other related products such as feeding bottles, teats and other 41 artificial feeding paraphernalia. It also applies to their quality and availability and to 42 information concerning their use. 43 44 dd) Promotion shall refer to the practice of giving temporary additional value to a 45 product or service to achieve specific marketing objectives.

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1 ee) Rooming-in shall refer to the practice of placing the newborn in the same room 2 as the mother right after delivery up to discharge to facilitate mother-infant bonding 3 and to initiate breastfeeding. The infant may either share the mother's bed or be 4 placed in a crib beside the mother. 5 6 ff) Sales Promotion shall refer to techniques or schemes intended for broad consumer 7 participation which contains promises of gain such as prizes in cash or in kind as 8 reward for the purchase of a product in a contest, game, tournament and other 9 similar competitions which involve determination of winners and which utilize mass 10 media or other forms of communication. 11 12 gg) Sample shall refer to a single or small quantity of a product provided without cost. 13 14 hh) Seriously ill mothers shall refer to those mothers who are with severe infections; in 15 shock; in severe cardiac or respiratory distress; or dying or those with other 16 conditions that may be determined by the attending physician as serious. 17 18 ii) Supplies shall refer to quantities of a product intended for use over a specific or 19 extended period. 20 21 jj) Trade name or Trademark shall refer to a word or words, name, title, symbol, 22 emblem, sign or device or any combination thereof used as an advertisement, sign, 23 label, poster or otherwise for the purpose of enabling the public to distinguish the 24 business of the person who owns and uses said trade name or trademark. 25 26 kk) Weaning shall refer to discontinuing the breastfeeding of an infant with substitution 27 of other feeding practices. 28 29 ll) Wet-nursing shall refer to the feeding of a newborn from another mother's breast 30 when his/her own mother cannot breast-feed. 31 32 mm) Young child shall refer to a child from the age of twelve (12) months and one (1) day 33 up to thirty six (36) months. 34 35 36 CHAPTER II 37 PROGRAM ON THE PROMOTION OF BREASTFEEDING 38 39SEC. 5. Program. - There shall be a comprehensive program to promote breastfeeding to 40be formulated by the Department of Health (DOH) and the Department of Social Welfare 41and Development (DSWD) in coordination with other government agencies, private sector 42and industry concerned within six (6) months from the effectivity of this Act. 43 44 45 46 1 2 CHAPTER III RIGHTS OF NURSING MOTHERS 7

1SEC. 6. Right of the Mother to Breastfeed. - The mothers right to breastfeed her child shall 2be promoted, protected and supported. In this connection, attending health personnel shall 3encourage pregnant women and nursing mothers to breastfeed their child and inform them 4of its advantages and the hazards of the use and misuse of breastmilk substitutes, 5including non-human milk and other products marketed as infant or baby food. The 6decision whether to breastfeed or not shall be based on informed choice. In health care 7facilities, bottle feeding shall be allowed only after the mother has been informed by the 8attending health personnel of the advantages of breastfeeding and how to encourage and 9maintain lactation. The proper techniques of infant formula feeding shall be provided only 10after the mother has opted to adopt formula feeding for her infant. 11 12SEC. 7. Breastfeeding is Not Indecent Exposure. - No provision of law or ordinance on 13indecent exposure shall apply to breastfeeding an infant or a child. A mother may 14breastfeed her baby in any location, public or private, where the mother is otherwise 15authorized to be, even if not done discreetly, irrespective of whether the nipple of the 16mothers breast is uncovered during or incidental to the breastfeeding. 17 18SEC. 8. Breastfeeding in the Workplace. - In consonance with Republic Act No.10028, 19otherwise known as the Expanded Breastfeeding Promotion Act of 2009, employers of 20women who continue to breastfeed upon returning to work have the following obligations: 21 a) Preserve and respect the right of women to breastfeed babies in the 22 workplace; 23 b) Facilitate the continuation of breastfeeding by setting-up lactation facilities 24 and providing educational programs on the benefits of breastfeeding; 25 c) Formulate policies supporting breastfeeding practices at the workplace 26 that address issues which include flexibility in work schedules and break-times so 27 nursing mothers may express their breastmilk; and 28 d) Employers shall provide mothers with reasonable paid break time to 29 express milk or breastfeed. 30 31SEC. 9. Breastfeeding in the Malls and Other Establishments - Owners of malls and other 32large establishments shall set up lactation facilities for women who breastfeed their 33children within the premises of their establishments. 34 35SEC. 10. Lactation Facilities. - Employers shall provide a clean and private location in the 36workplace where mothers can express milk or breastfeed in privacy. These lactation 37facilities shall have access to clean, safe water source and sink for washing hands and 38rinsing out any needed breast-pumping equipment and access to hygienic storage facilities 39for the mothers breastmilk. These facilities shall also include changing tables for women 40who wish to change the clothes and diapers of infants and young children. 41 42 43 CHAPTER IV ROOMING-IN AND BREASTFEEDING OF INFANTS

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1SEC. 11. Applicability. - The provisions in this Chapter shall apply to all private and 2government health institutions adopting rooming-in and breastfeeding as defined in this 3Act. 4 5SEC. 12. Normal Spontaneous Deliveries. Pursuant to Republic Act 7600, otherwise 6known as the Rooming-In and Breastfeeding Act as amended, the following newborn 7infants shall be put to the breast of the mother immediately after birth and forthwith 8roomed-in within thirty (30) minutes: 9 10 11 12SEC. 13. Caesarean. - Infants delivered by caesarean section shall be roomed-in and 13breastfed within three (3) to four (4) hours after birth. 14 15SEC. 14. Deliveries Outside Health Institutions. - Newborns delivered outside health 16institutions whose mothers have been admitted to the obstetrics department/unit and who 17both meet the general conditions stated in Section 12 of this Act, shall be roomed-in and 18breastfed immediately. 19 20SEC. 15. Exemptions. Infants whose conditions do not permit rooming-in or 21breastfeeding as determined by the attending physician and infants whose mothers are 22either 23 a) seriously ill; 24 b) taking medications contraindicated to breastfeeding; and 25 c) violent psychotics 26shall be exempted from the provisions of Sections 12, 13 and 14 of this Act: Provided, 27That, these infants shall be fed expressed breastmilk or wet-nursed as determined by 28the attending physician. 29 30SEC. 16. Provision of Facilities for Breastmilk Collection and Storage. - Health institutions 31 adopting rooming-in and promoting breastfeeding shall provide equipment, facilities, 32 and supplies for breastmilk collection, storage and utilization, the standards of which 33 shall be defined by the DOH. 34 35SEC. 17. Incentives Pursuant to Section 13 of Republic Act No. 7600, as amended, the 36expenses incurred by private health, business, and other institutions in complying with the 37provisions of this Act, shall be deductible expenses for income tax purpose up to twice the 1 2 9 a) well infants regardless of age of gestation; and b) infants with low birth weights but who can suck.

1actual expenses incurred. Provided, That the deduction shall apply for the taxable period 2when the expenses were incurred. 3Government health institutions shall receive an additional appropriation equivalent to the 4savings they may derive as a result of adopting rooming-in and breastfeeding. The 5additional appropriation shall be included in their budget for the next fiscal year. 6SEC.18. Advertisements Pursuant to Section 18 of Republic Act No. 10028, otherwise 7known as Expanded Breastfeeding Promotion Act of 2009, hospitals and health 8institutions may advertise themselves as Baby Friendly if they comply with 80% of the 9requirements to become a Baby Friendly health facility, and business and other work 10institutions may advertise themselves as Mother Friendly Employers if they comply with 11all the requirements under Section 14 of RA No.10028. 12 13 14 CHAPTER V EXTENDED BREASTFEEDING AND WEANING

15SEC. 19. Benefits. - Extended breastfeeding should be encouraged. Toddlers and young 16children are benefited nutritionally and psychologically. Prolonged nursing is associated 17with better social adjustment. 18 19SEC. 20. Weaning. - Mothers shall be responsive to the needs of the child and shall allow 20their child to wean naturally. Weaning, as a personal decision to be made by each mother 21based on her particular family situation and individual circumstances, is recognized. 22 23 24 CHAPTER VI 25 INFORMATION AND EDUCATION 26 27SEC. 21. Information and Education. - a) The DOH shall ensure that objective and 28 consistent information is provided on infant and young child feeding for use by families 29 and those involved in the field of infant and young child nutrition. This responsibility 30 shall cover the planning, provision, design and dissemination of information, and the 31 control thereof, on infant and young child nutrition. 32 33b) The DOH shall take appropriate measures to encourage and protect breastfeeding, and 34promote the principles of this Act. It shall give appropriate information, training and advice 35to health workers with regard to their responsibilities. 36 37c) Manufacturer, distributor or representatives of products covered by this Act are allowed 38to conduct or be involved in the promotion, education and production of Information, 39Education and Communication (lEC) materials on breastfeeding, infant and young child 40care and nutrition, as long as the programs and materials used are reviewed and approved 41by the DOH. Promotion of products intended for infants from birth to six months as covered 42by this Act shall not be allowed in such venues. 1 2 10

1SEC.22. Continuing Education, Re-education and Training of Health Personnel. - a)The 2DOH, with the assistance of other government agencies, professional and non-government 3organizations shall conduct continuing information, education, re-education, and training 4programs for physicians, nurses, midwives, nutritionist, dieticians, community health 5workers and traditional birth attendants (TBAS) and other health personnel on current and 6updated lactation management, including their obligations under this Act. 7 8Information materials shall be given to all health personnel involved in maternal and infant 9care in health institutions. 10 11b) Manufacturers and distributors may assist in the research, scholarships and continuing 12education of health professionals. 13 14SEC. 23. Information Dissemination to Pregnant Women. - During the prenatal, perinatal 15and postnatal consultations or confinements of the mothers or pregnant women in health 16institution, it shall be the obligation of the health institution and the health personnel to 17immediately and continuously teach, train, and support the women on current and updated 18lactation management and infant care and to distribute written information materials on 19such matters free of charge. 20 21SEC. 24. Classes for Mothers of Infants and Pregnant Women. - In health education 22classes for mothers of infants and pregnant women, health workers and community 23workers shall emphasize the benefits of breastmilk and the hazards and risks of the 24improper use of infant formula or other breastmilk substitutes. Feeding with infant formula 25shall be demonstrated only to mothers who may not be able to breastfeed for medical or 26other legitimate reasons. 27 28Personnel employed in marketing products under this Act shall not, as part of their job 29responsibilities, perform educational functions in relation to pregnant women or mothers of 30infants. This should not be understood as preventing such personnel from being used for 31other functions by the health care systems. 32SEC. 25. Mandatory Information. - Informational and educational materials, whether 33written, audio, or visual, dealing with the feeding of infants and intended to reach pregnant 34women and mothers of infants, shall include clear information on all the following points: 35 36 37 38 39 40 41 42 43 44 45 1 2 a) benefits and superiority of breastfeeding; b) maternal nutrition and the preparation for and maintenance of breastfeeding; c) negative effect of introducing partial bottle-feeding on breastfeeding; d) difficulty of reversing the decision not to breastfeed; and where needed, he proper use of infant formula, whether manufactured industrially or homeprepared. 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 inappropriate foods or feeding methods; and in particular, the health hazards of unnecessary or improper use of infant formula and other breastmilk substitutes. Such materials shall not use any picture or text, which may idealize the use of breastmilk substitutes. 11

1SEC. 26. Donations of Informational, Educational Equipment or Materials. - Donations of 2informational or educational equipment or materials by manufacturers or distributors shall 3be made only upon written approval of the appropriate government authority. Such 4equipment or materials may bear the donating company's name or logo, but shall not refer 5to a proprietary product and shall be distributed only through the health care system. 6SEC 27. Breastfeeding as Part of the Curriculum. - In coordination with the DOH, the 7Department of Education (DepED) shall formulate a comprehensive education program on 8breastfeeding to be incorporated in the elementary and secondary curriculum. The 9Commission on Higher Education (CHED) shall likewise ensure that breastfeeding and its 10importance are emphasized in the appropriate subjects in the medical and health related 11collegiate and post-graduate courses. 12 13 CHAPTER VIII 14 RESEARCH 15 16SEC. 28. Research and Ethics Committee. - The DOH shall ensure that research 17conducted for public policy purposes, related to infant and young child feeding, shall, at all 18times, be free from any commercial influence. Accordingly, the health worker or researcher 19involved in such must disclose any actual or potential conflict of interest with the 20company/person funding the research. In any event, such research and its funding shall 21be subjected to independent peer review. Towards accomplishing these ends: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 a) Assistance for research and clinical trials given by manufacturers and distributors are allowed only upon approval by the Ethics Committee of the DOH. The same committee shall monitor said researches. b) The researches shall be conducted in accordance with an approved protocol. Any changes in the protocol after it has been approved shall be subjected to a new review and approval by the Ethics Committee. 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 with potential benefits for the particular subject. d) Recipients of research awards shall not allow themselves, their organizations or their subjects to be used, directly or indirectly, for 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.

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1 2 3 4

e)

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

5SEC. 29. Public Disclosure. - For purposes of transparency, a disclosure and/or disclaimer 6of the sponsoring company shall be done by the company itself, health worker and 7researcher involved through verbal declaration during public presentation of the research 8and in print upon publication. 9 10 11 CHAPTER IX 12 MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK 13 SUPPLEMENTS AND OTHER COVERED PRODUCTS 14 15SEC. 30. Scope. - This Chapter applies to the marketing and practices related thereto, of 16the following covered products: (a) breastmilk substitutes and breastmilk supplements; (b) 17infant formula; (c) bottle-fed complementary foods, when marketed or otherwise used or 18presented to be suitable, with or without modification, for use as a partial or total 19replacement of breastmilk; (d) feeding bottles; (e) teats; and (f) other artificial feeding 20paraphernalia. 21 22SEC. 31. Advertising and Promotions - When Prohibited. For products covered under 23this Act that are intended for infants from birth to six months, no advertising or promotions 24directed to mothers and the public shall be allowed. 25SEC. 32. Advertising and Promotions - When Allowed. - Advertising and promotions of 26follow-on formula, growing-up milk or milk supplements intended for children over six (6) 27months of age shall be allowed. Permit requirements from the DOH or FDA shall be 28required only for the conduct of sales promotion as defined under Section 4 of this Act, in 29accordance with the procedure provided for under Articles 116, 117, 118, 119, 120, 121, 30122, 123 and 124 of Republic Act No. 7394, otherwise known as the Consumer Act of the 31Philippines. 32A decision or order from the DOH or FDA denying an application to conduct sales 33promotion under Article116 of the Consumers Act of the Philippines shall be appealable as 34provided for in Section 33 of this Act. 35False, misleading, or deceptive advertisements of follow-on formula, growing-up milk, milk 36supplements and other covered products are prohibited. These shall be dealt with in 37accordance with Article 122 (b) of RA 7394. 38 39SEC. 33. Review of Orders or Decisions. - Notwithstanding the provisions of RA 7394 and 40Republic Act No. 3720, otherwise known as the Food and Drugs Cosmetics Act, or any 41other provision of law, any party aggrieved by any order or decision of the Secretary of 1 2 13

1Health relating to this Act may appeal said order or decision to the regular courts on 2questions of fact and law within fifteen (15) days from receipt of decision or order. 3SEC. 34. Advertising Content That Undermines Breastfeeding. - The following texts, 4pictures, illustrations, or information are deemed to undermine breastfeeding and are 5hereby prohibited from being used when such advertisement pertains to products covered 6under this Act: a) Pictures of infants, person holding a feeding bottle, feeding bottles and infant 7 8 with product shots; b) Picture of a woman breastfeeding because this creates an impression that 9 10 breastmilk substitutes and breastmilk supplements is equivalent to breastfeeding or 11 because it appropriates the image of breastfeeding; 12 c) Pictures or graphics of toys and animals being fed, whether by breast or bottle, nor 13 should materials depict animal or toy as mothers; 14 d) The term "humanized", "maternalized", "close to mother's milk" or similar words 15 describing breastmilk substitutes or milk supplements; 16 e) Pictures or texts that idealize the use of infant formula; 17 f) Pictures or images of babies and children together with their mothers (such as 18 yayas), when such advertisement pertains to products covered under this Act. 19 20SEC. 35. Labels and Containers. The following shall serve as standard for all labels and 21containers: 22 23 a) Each container shall have a clear, conspicuous and easily readable and 24 understandable message in Filipino and English printed on it, or on a label, which 25 message cannot readily become separated from it, and which shall include the 26 following points: 27 28 1) The words Breastfeeding is best for babies from birth to six (6) months or 29 their equivalent; 30 2) A statement The use of infant formula must only be upon the advice of 31 health professionals; 32 3) A statement that the product shall be used only on the advice of a health 33 worker as to the need for its use and the proper methods of use; and 34 4) Instructions for appropriate preparation, and a warning against the 35 health hazards of inappropriate preparation. 36 37 5) Neither the container nor the label shall have pictures or texts which may 38 idealize the use of infant formula. They may, however, have registered 39 trademark or logo for easy identification of the product and for illustrating 40 methods of preparation. 41 42SEC. 36. Health and Nutritional Claims.- The following shall regulate health and nutritional 43claims for products covered under this Act:

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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.

3 b) False or misleading information or claims of products covered under this Act are 4 prohibited. 5 6 c) Promotion of products under Section 30 of this Act must be objective, shall not 7 equate product as equal to breastmilk or breastfeeding and must not, in any case, 8 undermine breastmilk or breastfeeding. 9 10SEC. 37. Information to Health Workers. - Information provided by manufacturers and 11distributors to health professionals regarding products under the scope of this Act shall be 12restricted to scientific and factual information. Such information shall not imply or create a 13belief that bottle-feeding is equivalent or superior to breastfeeding. 14 15SEC. 38. Promotions in Health Care System. The following shall apply to the promotion 16of products covered under this Act in the health care system: 17 18 19 20 21 22 23 24 25 26 27 28 29
a) No facility of the health care system shall be used for the purpose of promoting

products covered under this Act intended for infants from birth to six (6) months. However, this Act does not preclude the dissemination of scientific and factual information to health professionals as provided in Section 36 hereof. b) Facilities of the health care system shall not be used for the display of covered products, posters and materials intended for infants from birth to six (6) months as provided by a manufacturer or distributor. c) Manufacturers, distributors and marketing firms or their representatives are prohibited from using the health workers in the dissemination, distribution and promotion of covered products. d) The use by the health care system of professional service representatives, or mothercraft nurses paid for by manufacturers or distributors, shall not be permitted.

30SEC.39. Classes and Seminars for Women. - Manufacturers, distributors and 31representatives of products covered under this Act shall not be allowed to hold activities, 32classes, and seminars, related to the promotion of products intended for infants from birth 33to six (6) months, for pregnant women and mother of infants. 34SEC. 40. Inducements. Financial or material inducements to promote covered products 35shall not be given by manufacturers, distributors and representatives of said products, nor 36shall this be accepted by mothers of infants, pregnant women, health workers, hospitals 37and other health institutions, as well as their personnel within the health care system 38including members of their families except as provided for in Sections 28 hereof. 39SEC. 41. Prohibition on Samples and Supplies. - Samples and supplies of covered 40products intended for infants form birth to six (6) months or equipment/utensils for the 41preparation or use of these products from manufacturers, distributors and representatives 42shall not be allowed to be given to any member of the general public, mothers of infants, 43pregnant women, health workers, hospitals and other health institutions, as well as 1 2 15

1personnel within the healthcare system, including members of their families except as 2provided for in Section 28 hereof. 3SEC. 42. Prohibition on Gifts - Gifts to promote covered products intended for infants from 4birth to six (6) months, from manufacturers, distributors, and representatives shall not be 5allowed to be given to members of the general public, mothers of infants, pregnant women, 6health workers, hospitals and other health institutions, as well as personnel within the 7healthcare system, including members of their families. 8SEC. 43. Prohibition on Point of Sale. - There shall be no point of sale advertising, giving 9of samples or any promotional devices to induce sales directly to the consumers at the 10retail level, for covered products intended for infants from birth to six (6) months. 11This provision shall not restrict the establishment of pricing policies and practices intended 12to provide products at lower prices on a long-term basis, either at the wholesale or retail 13level, in pharmacies, drugstores, where products and follow-up formula or milk 14supplements may be purchased without prescription. 15SEC. 44. Infant Feeding Warning. - Food products marketed for infant feeding which do 16not meet all the requirements of an infant formula but which can be modified to do so, shall 17carry a warning on the label that the modified product shall not be the sole source of 18nourishment of an infant. 19SEC. 45. Authority of the FDA. - In addition to the requirements in the immediate preceding 20paragraphs, the labels of food products shall conform with the rules and regulations of the 21FDA that are consistent with the provisions of this Act. 22SEC. 46. Quality The following standards must be observed in the production and 23marketing of products under this Act: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39
a) The quality of covered products under this Act is an essential element for the

protection of the health of infants, and therefore shall be of high recognized standard.
b) Food products, when sold or distributed, shall meet applicable standards

recommended by the Codex Alimentarius Commission and also the Codex Act of Hygienic Practice for Foods for Infants and Young Children. c) To prevent quality deterioration, adulteration or contamination of food products covered under this Act, distribution outlets, including the smallest sari-sari store, shall not be allowed to open cans and boxes for the purpose of retailing them by the cup, bag or in any other form. CHAPTER X DONATION

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1SEC. 47. Donations - Donations of covered products intended for infants from birth to six 2(6) months from manufacturers and distributors shall not be allowed under normal 3condition. However, during times of disaster, calamity or emergency situations, donations 4of covered products shall be allowed upon the approval of the National Disaster Risk 5Reduction and Management Council (NDRRMC) in coordination with the Local Health and 6Nutrition Officers of affected locality. The donation shall be subjected to the guidelines 7issued by the DOH which include, among others, proper handling and storage. 8 9 CHAPTER XI 10 IMPLEMENTATION AND MONITORING 11 12SEC. 48. Inter-Agency Committee (IAC) An Inter-Agency Committee is hereby created 13under the Department of Health. 14a) Composition.15members: The lnter-Agency Committee (IAC) shall be composed of the following

16 Secretary of Health--------Co-Chair/ or a permanent representative 17 Secretary of Trade & Industry--- Co-Chair/ or a permanent representative 18 Secretary of Justice-------Member a/ or permanent representative 19 Secretary of Finance-------Member/ or a permanent representative 20 Secretary of Social Welfare and Development---- -Member/ or a permanent 21 representative. 22The duly designated representative shall hold a rank not lower than an Undersecretary. 23b)Functions -The Committee shall be principally responsible for the implementation and 24enforcement of the provisions of this Act. For this purpose, the Committee shall have the 25following powers and functions: 26 1) To promulgate rules and regulations necessary for the effective implementation of 27 this Act; 28 2) To call the assistance of government agencies and the private sector to ensure the 29 implementation and enforcement of and strict compliance with the provisions of this 30 Act and its rules and regulations; 31 3) To cause the prosecution of the violators of this Act; 32 4) To prescribe the internal and operational procedure for the exercise of its powers 33 and functions as well as the performance of its duties and responsibilities; and 34 5) To exercise such other powers and functions as may be necessary for the 35 attainment of the purposes and objectives of this Act. 36 37SEC. 49. Sanctions. The following sanctions shall be imposed upon any person who 38violates the provisions of this Act: 39 40a) Any person who violates the provisions of this Act or its rules and regulations issued 41 pursuant to this Act shall, upon conviction, be punished by a penalty of not less than one 1 2 17

1 (1) year to not more than six (6) years imprisonment or a fine of not less than Ten 2 thousand pesos (Php10, 000.00) but not more than One hundred thousand pesos (Php 3 100,000.00) or both at the discretion of the court. Should the offense be committed by a 4 juridical person, the Chairman of the Board of Directors, the president, general manager, 5 or the partners and/ or the persons directly responsible therefore, shall be penalized; 6 and 7b) Any license, permit or authority issued by any government agency to any health worker, 8distributor, manufacturer, or marketing arm or personnel for the practice of their 9professional or occupation, or for the pursuit of their business, may, upon recommendation 10of the Department of Health and the lAC, after due notice and hearing, be suspended or 11revoked for violations of this Act, or of its implementing rules and regulations issued 12pursuant to this Act. 13 14 CHAPTER XIII 15 FINAL PROVISIONS 16 17SEC. 50. Suppletory Provision. The provisions of RA No. 7600, as amended, shall have 18suppletory application on matters not provided for in this Act 19SEC. 51. Implementing Rules and Regulations (IRR). The DOH, in consultation with 20other government agencies, shall issue the IRR for this Act within one hundred twenty 21(120) days from its effectivity. 22 23SEC.52. Separability Clause. - The provisions of this Act are hereby deemed separable. If 24any provision thereof be declared invalid or unconstitutional, such invalidity or 25unconstitutionality shall not affect the other provisions which shall remain in full force and 26effect. 27 28SEC. 53. Repealing Clause. - All laws, orders, issuances, and rules and regulations or 29parts thereof inconsistent with this Act are hereby repealed or modified accordingly. 30 31SEC. 54. Effectivity. - This Act shall take fifteen (15) days after its publication in two (2) 32newspapers of general circulation. 33 34Approved,

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