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 resh milk - never goes off
E motionally bonding
E cologically sound
D igested easily
I mmediately available
N utritionally optimal
G 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 mar ke ting , and
pr ac tic es re lat ed the reto , 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
“Heal th care sys tem ”
-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.
“Heal th Work er ”

means a person working in a

component of such health care
system, whether professional or non-
professional, 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) Exclusive breastfeeding is for infants

from zero (0) to six (6) months;
(b) There is no substitute nor replacement
for breastmilk
(c) Appropriate and safe complementary
feeding should start from six months
onwards in addition to breastfeeding.
 Breastfeeding is still appropriate for
young children up to (twenty-four
months) two years of age and be yo nd ;

 Other related products such as, but not

exclusive of, teats, feeding bottles, and
artificial feeding paraphernalia ar e
pr ohibi ted 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 !!