The Milk Code and Revised Implementing Rules and Regulations

Adapted from: Prof. Leticia Barbara B. Gutierrez, M.S. Director IV Bureau of Food and Drugs The Breastfeeding Highway Begins at the Hospital 17 December 2007 Manila Hotel

Why promote breastfeeding

B est for baby R educes the incidence of allergies such as asthma and eczema E conomical (least costly Poverty Alleviation Strategy) A ntibodies greater immunity to some infectious diseases S tool inoffensive hardly ever constipated T emperature always ideal

F E E D I N G

resh milk - never goes off motionally bonding cologically sound igested easily mmediately available utritionally optimal astroenteritis greatly reduced

E.O. 51
National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements, and Other Related Products -Signed into law on 20 October 1986

Aim of the Code (Section 2)

to contribute to the provision of safe and adequate nutrition for infants -by the protection and promotion of breastfeeding; and -by ensuring the proper use of breastmilk substitutes and breastmilk supplements when these are necessary on the basis of adequate information and through appropriate marketing and distribution

Scope of the Code (Section 3 of E.O. 51)

The Code applies to the marketing, and practices related thereto, of the following products:
-breastmilk substitutes, including infant formula; -other milk products

Scope of the Code

-foods and beverages, including bottlefed complementary foods, when marketed or otherwise represented to be suitable, with or without modification, for use as partial or total replacement of breastmilk;

-feeding bottles and teats

It also applies to their quality and availability, and to information concerning their use.

Definition of terms
Health care system -means governmental, nongovernmental or private institutions or organizations engaged, directly or indirectly, in health care for mothers, infants and pregnant women; and nurseries or child care institutions. It also includes health workers in private practice.

Health Worker

means a person working in a component of such health care system, whether professional or nonprofessional, including volunteer workers

Prohibitions / Violations
Sec. 6 (b) Manufacturers and distributors shall not be permitted to give, directly or indirectly,

samples and supplies of products within the scope of this Code, or gifts of any sort to any member of the general public, including members of their families, to hospitals and other health institutions, as well as to personnel within the health care system, save as otherwise provided in this Code.

Sec.6 (d) Manufacturers and distributors shall not distribute to pregnant women or mothers of infants any gifts or articles or utensils which may promote the use of breastmilk substitutes or bottle feeding, nor shall any other groups, institutions or individuals distribute such gifts, utensils or products to the general public and mothers.

Sec.7 (b) No facility of the health care system shall be used for the purpose of promoting infant formula or other products within the scope of this Code.

Sec.7 (c) Facilities of the health care system shall not be used for the display of products within the scope of this Code, or for placards or posters concerning such products.

Sec.7 (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 permitted.

Sec.7 (e) In health education classes for mothers and the general public, health workers and community workers shall emphasize the hazards and risks of the improper use of breastmilk substitutes particularly infant formula. Feeding with infant formula shall be demonstrated only to mothers who may not be able to breastfeed for medical or other legitimate reasons.

Sec.8 (c) No financial or material inducements to promote products within the scope of this Code shall be offered by manufacturers or distributors to health workers or members of their families, nor shall these be accepted by the health workers or members of their families, xxx.

Sec.8 (d) Samples of infant formula or other products within the scope of this Code, or of equipment or utensils for their preparation or use, shall not be provided to health workers except when necessary for the purpose of professional evaluation or research in accordance with the rules and regulations promulgated by the DOH.

A.O. 2006-0012
Revised Implementing Rules and Regulations of E.O. 51

INTRODUCTION
-the A.O. was challenged before the Supreme Court in a petition for certiorari under Rule 65 of the Rules of Court. -the petition sought the nullification of the entire Administrative Order 2006-0012. -SC decided the case on 9 October 2007 -out of 59 Sections, only three sections of the RIRR were declared null and void; all other provisions were sustained.

Nullified Provisions
Section 4 (f) and Section 11 - on the absolute prohibition on the advertising, promotions, or sponsorships or marketing of infant formula, breastmilk substitutes and other related products
Section 46 - on the Administrative Sanctions

Highlights of the Revised Implementing Rules and Regulations of Executive Order No. 51 (Administrative Order 2006-0012)

Declaration of Principles (Sec. 4)

(a)

(b)

(c)

Exclusive breastfeeding is for infants from zero (0) to six (6) months; There is no substitute nor replacement for breastmilk Appropriate and safe complementary feeding should start from six months onwards in addition to breastfeeding.

d)

Breastfeeding is still appropriate for young children up to (twenty-four months) two years of age and beyond;

e)

Other related products such as, but not exclusive of, teats, feeding bottles, and artificial feeding paraphernalia are prohibited in health facilities.

Other Prohibited Acts

Sec. 21. Gifts of any sort from milk companies/manufacturers, distributors, and representatives of products within the scope of this Code, with or without company name or logo or brand name shall not be given to any member of the general public, to hospitals and other health facilities, including their personnel and members of their families.

Sec. 32. It is the primary responsibility of the health workers to promote, protect and support breastfeeding and appropriate infant and young child feeding. No assistance, support, logistics or training from milk companies shall be permitted.

Sec. 35. xxx. No health care facility should be used for promotions of products within the scope of this Code nor as venues that undermine breastfeeding.

Sec. 51. Donations of products, materials, defined and covered under the Milk Code and these implementing rules and regulations, shall be strictly prohibited.

Sec. 52. Donations of products, equipment, and the like, not otherwise falling within the scope of this Code or these Rules, given by milk companies and their agents, representatives, whether in kind or in cash, may only be coursed through the Inter-Agency Committee (IAC), which shall determine whether such donation be accepted or otherwise.

Implementation & Monitoring

The DOH as the lead agency

BFAD Hotline

807-07-16

Sanctions

2 months to 1 year imprisonment or a fine of not less that 1,000.00 nor more than 30,000.00

Suspension or Revocation of license, permit or authority issued by any government agency to any health worker, distributor, manufacturer, or marketing firm or personnel for the practice of their profession or occupation

Salamat po !!