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Administrative-Order-No.-2006-0012
MFSM 505A - FOOD SAFETY LEGISLATIONS AND REGULATIONS
Prof. Rosalinda Lorilla
Prepared by: Sheryllene S. Aguilera
Image Source: Google
SUBJECT: Revised Implementing Rules And Regulations of
Executive Order No. 51, Otherwise Known as The"Milk
Code", Relevant International Agreements,Penalizing
Violations Thereof,and for Other Purposes
BREASTFEEDING
B est for baby
R educes the incidence of allergies
such as asthma and eczema
E conomical
A antibodies - greater immunity to
some infectious diseases
S tool inoffensive - hardly ever
constipated
T temperature always ideal
Image Source: Google
BREASTFEEDING
F resh milk - never goes off
E motionally bonding
E cologically sound
D igested easily
I mmediate available
N utritionally optimal
G astroentiritis greatly reduced
E.O 51 : National Code of Marketing of Breastmilk Substitutes,
Breastmilk Supplements and Other Related Products
- Signed into law on October 1986 by former Pres. Cory Aquino
A.O 2006-0012
- Challenge before the supreme court in petition for certiorari
under Rule 65 of the Rules of Court
- The petition sought the nullification of entire A.O.2006-0012
- Supreme court decided the case on October 9,2007
- Out of the 59 sections, only 3 sections were declared null and
void, all other provisions were sustained
Administrative-Order-No.-2006-0012 Milk Code.pdf
Administrative-Order-No.-2006-0012 Milk Code.pdf
AO - No.2006-0012
1. Enabling Provisions
2. Definition of Terms
3. Information and Education
4. Research
5. Advertising, Promotion, Marketing and Sponsorship
6. Prohibited Act
7. Containers/ Labels
8. Quality and Standard
9. Health Workers and Health Care System
10.Monitoring and Implementation
11.Filing of Administrative and Criminal Complaint
12.Administrative Sanctions
13.Criminal Penalties
14.Miscellaneous Provisions
15.Final Provisions
Rationale
WHEREAS, Section 15 Article Il of the 1987 Constitution of the Philippines states that "The State
shall protect and promote the right to health of the people and instill health consciousness
among them“;
WHEREAS,Section 2,Article ll of the 1987 Constitution of the Philippines states in part that “The
Philippines x x x adopts the generally accepted principles of international law as part of the law
of the land x x x".
WHEREAS,the Philippines has adopted the WHO and UNICEF“2002 Global Strategy on Infant
and Young Child Feeding",and the various World Health Assembly Resolutions to implement
the same,and therefore is legally and morally obligated to follow their provisions.
WHEREAS,towards this end,the State shall support the “2002 Global Strategy on Infant and
Young Child Feeding"and exerts efforts to address the provision of safe and adequate nutrition
for infants and young children.by the protection,promotion and support of breastfeeding:
Source: Administrative-Order-No.-2006-0012
Rationale
WHEREAS,the WHO/UNICEF Global Strategy on Infant and Young Child Feeding recommends
not only exclusive breast milk for newborns,but also indigenous,fresh and natural foods in
combination with continued breastfeeding for infants and young children.It is guided by the
World Health Assembly Resolutions,Codex Alimentarius,and consistent with national laws or
national policies;
WHEREAS,adequate and proper nutrition is an important and universally recognized component
of each child's right to the enjoyment of the highest attainable standard of health as provided
for in the United nations Convention on the Rights of the Child,which the Philippine Senate,in
accordance with its constitutional prerogative under Section 21,Article Vll,of the 1987
Constitution,ratified on July 26,1990,and which mandates the Philippines to implement various
international agreements relevant to Infant and Young Child Feeding;
WHEREAS,the use of breastmilk,which is widely recognized as the best source of nutrition for
babies,promotes the development of emotional bonding between the mother and child,bestows
upon the newborn infant protection against infection,provides for the mother natural
contraception after delivery,and protects the mothers from closely spaced pregnancy.
Source: Administrative-Order-No.-2006-0012
Rationale
WHEREAS,with the resultant healthier population and the reduction in infant and under five
mortality rates,the country will be closer in reaching its targets for the Millennium Development
Goals;
WHEREAS,breastfeeding is the most far-reaching and the least costly strategy for the alleviation
of poverty
NOW THEREFORE,Pursuant to the authority under Section 12(b)(1)of Executive Order No.51
dated 20 October 1986,otherwise known as "National Code of Marketing of Breastmilk
Substitutes,Breastmilk Supplements and Related Products,"the Department of Health,through
the Honorable Secretary of Health, hereby promulgate the ensuing revised rules and
implementing regulations:
Source: Administrative-Order-No.-2006-0012
I. ENABLING PROVISIONS
SECTION 1.Title -The following shall be referred to as the "Revised
Implementing Rules and Regulations of Executive Order No.51,otherwise
known as the 'Milk Code',Relevant International Agreements,Penalizing
Violations Thereof,And For Other Purposes".
SECTION 2.Purpose -These Revised Rules and Regulations are hereby
promulgated to ensure the provision of safe and adequate nutrition for
infants and young children by the promotion,protection and support of
breastfeeding and by ensuring the proper use of breastmilk substitutes,
breastmilk supplements and related products when these are medically
indicated and only when necessary,on the basis of adequate information
and through appropriate marketing and distribution.
Source: Administrative-Order-No.-2006-0012
I. ENABLING PROVISIONS
SECTION 3. Scope and Coverage -These Revised Rules and Regulations
shall apply to the marketing,and practices related thereto,of the following
products: breastmilk 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;
feeding bottles and teats. It also applies to their quality and availability,and
to information concerning their use.
Source: Administrative-Order-No.-2006-0012
I. ENABLING PROVISIONS
SECTION 4. Declaration of Principles
a. Exclusive breastfeeding is for infants from 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.
d. Breastfeeding is still appropriate for young children up to two
(24 months)years of age or beyond.
e. Infant or milk formula may be hazardous to a child's health
and damage child's formative development.
Source: Administrative-Order-No.-2006-0012
I. ENABLING PROVISIONS
SECTION 4. Declaration of Principles
f. Advertising,promotions,or sponsorships of infant formula, breastmilk substitutes
and other related products are prohibited.
g. Other related products such as, but not exclusive of, teats, feeding bottles,and
artificial feeding paraphernalia are prohibited in health facilities.
h. Government and all concerned stakeholders must continuously accomplish an
information,dissemination campaign/strategy,and do further research on the
advantages of breastmilk and the hazards of breastmilk substitutes or replacements.
i. Milk companies,and their representatives,should not form part of any policymaking
body or entity in relation to the advancement of breastfeeding
Source: Administrative-Order-No.-2006-0012
III. INFORMATION AND EDUCATION
SECTION 6. Responsibility - The Department of Health shall take measures
to promote, protect, support and monitor appropriate infant and young
child feeding(IYCF) practices.
Appropriate IYCF practices include the following:
· Proper Latching - on immediately after birth and initiation of
breastfeeding within the first thirty (30)minutes thereafter
· exclusive breastfeeding from 0 -6 months
· appropriate complementary feeding from 6 months onwards
· continuous breastfeeding up to two (2)years of age or beyond
Source: Administrative-Order-No.-2006-0012
III. INFORMATION AND EDUCATION
SECTION 7- Hazards and Complete Information on Breastmilk
Substitutes and Replacements
- It is the responsibility of the State to inform the general public on the hazards of the
production, preparation and use of breastmilk substitutes and other products covered by
the Code. When medically indicated and only when necessary,the use of breastmilk
substitutes is proper if based on complete and updated information.
SECTION 8.Information and Education.
- The government shall ensure that objective and consistent information is provided on
infant and young child feeding,for use by families and those involved in the field of infant
nutrition.This responsibility shall cover the planning,provision,design and dissemination of
information,and the control thereof.
Source: Administrative-Order-No.-2006-0012
IV. Research
SECTION 9. Research,Ethics Committee,Purpose
- The DOH shall ensure that research conducted for public policy purposes,relating to infant
and young child feeding should,at all times,be free from any commercial
influence/bias;accordingly,the health worker or researcher involved in such must disclose
any actual or potential conflict of interest with the company/person funding the research.In
any event,such research and its findings shall be subjected to independent peer review.
SECTION 10.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 the public presentation of the research and in print upon publication.
Source: Administrative-Order-No.-2006-0012
V. Advertising, Promotion, Marketing and Sponsorship
SECTION 11. Prohibition. No advertising,promotions,sponsorships,or marketing
materials and activities for breastmilk substitutes intended for infants and young
children up to twenty-four(24) months,shall be allowed,because they tend to
conveyor give subliminal messages or impressions that undermine breastmilk and
breastfeeding or otherwise exaggerate breastmilk substitutes and/or
replacements,as well as related products covered within the scope of this Code.
Section 12.Authority of the Inter-Agency Committee(IAC). The InterAgency
Committee(IAC)shall review all advertising,promotion or other marketing
materials,whether written, audio, visual, cinema, theater, audio-visual and
electronics,including but not limited to mail,email,text messages,telephone calls and
website advertising,and for communication and information dissemination in any
form,for products within the scope of this Code.
Source: Administrative-Order-No.-2006-0012
V. Advertising, Promotion, Marketing and Sponsorship
SECTION 13. “Total Effect”- Promotion of products within the scope of this Code must be
objective and should not equate or make the product appear to be as good or equal to
breastmilk or breastfeeding in the advertising concept.It must not in any case undermine
breastmilk or breastfeeding.The "total effect"should not directly or indirectly suggest that
buying their product would produce better individuals,or resulting in greater
love,intelligence,ability,harmony or in any manner bring better health to the baby or other such
exaggerated and unsubstantiated claim.
SECTION 14.Prior Written Consent and Approval of Committee.- No advertising,promotion or
other marketing materials whether written,audio,visual,audio-visual,and electronic for products
within the scope of this Code,which are marketed as partial or total replacement of breastmilk,
including bottle-fed complementary foods shall be printed, published, distributed, exhibited,and
broadcasted or in any manner released to the public without the prior written consent and
approval of the Committee.
Source: Administrative-Order-No.-2006-0012
V. Advertising, Promotion, Marketing and Sponsorship
SECTION 15. Content of Materials
- The following shall not be included in advertising,promotional and marketing
materials:
a. Texts,pictures,illustrations or information which discourage or tend to
undermine the benefits or superiority of breastfeeding or which idealize the use
of breastmilk substitutes and milk supplements. In this connection,no pictures
of babies and children together with their mothers, fathers, siblings,
grandparents, other relatives or caregivers (or yayas) shall be used in any
advertisements for infant formula and breastmilk supplements;
b. The term "humanized","maternalized","close to mother's milk"or similar words
in describing breastmilk substitutes or milk supplements;
c. Pictures or texts that idealize the use of infant and milk formula.
Source: Administrative-Order-No.-2006-0012
VI. Prohibited Acts
SECTION 16. All health and nutrition claims for products within the
scope of the Code are absolutely prohibited.For this purpose,any
phrase or words that connoles to increase emotional,intellectual
abilities of the infant and young child and other like phrases shall not be
allowed.
SECTION 17.False or misleading information or claims of products
within the scope of the Code are prohibited.
SECTION 18. No financial or material inducements or gifts of any sort to
promote products within the scope of this Code shall be offered or
given by milk companies nor accepted by health workers and/or
members of their families.
Source: Administrative-Order-No.-2006-0012
VI. Prohibited Acts
SECTION 19. Manufacturers,distributors and marketing firms or their representatives of
products within the scope of this Code are prohibited from donating or giving directly or
indirectly,samples and supplies to any member of the general public,to hospitals,and other
health facilities,including their personnel and members of their families.
SECTION 20.Manufacturers,distributors and marketing firms or their representatives of products
within the scope of this Code are prohibited from using the health workers and the health care
system in the dissemination,distribution and promotion of products within the scope of the
Code.
SECTION 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 product 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.
Source: Administrative-Order-No.-2006-0012
VI. Prohibited Acts
SECTION 22. No manufacturer,distributor or representatives of products covered by the Code
shall be allowed to conduct or be involved in any activity on breastfeeding promotion, education
and production of Information.Education,and Communication(IEC)materials on
breastfeeding,holding of or participating as speakers in classics seminars for women and
children activities and to avoid the use of these venues to market their brands or company
names.
SECTION 23.There shall be no point of sale advertising,giving of samples or any promotion
devices to induce sales directly to the consumers at the retail level, such as special displays,
discount coupons,premiums,rebates,special sales,bonus and tic-in sales,loss-leaders, prices or
gifts for the products within the scope of this Code.
SECTION 24. Neither the container nor the label of milk products within the scope of this Code
shall have pictures of babies and children together with their mothers,
fathers.siblings,grandparents,other relatives or caregivers (or yaa)or such other pictures and
graphics of similar import.
Source: Administrative-Order-No.-2006-0012
VII. Containers/ Labels
SECTION 25. Appropriate Use.
- Containers and labels shall be designed to provide the necessary information about the
appropriate use of the products within the scope the Code and in such a way as not to
undermine,or equate it to,breastfeeding.
SECTION 26.Content. Each container/label shall contain such message,in both Filipino and English
languages,and which message cannot be readily separated there from,relative the following points:
a) The words or phrase “Important Notice"or "Government Warning"or their equivalent;
b) A statement of the superiority of breastfeeding;
c) A statement that there is no substitute for breastmilk;
d) 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;
e) Instructions for appropriate preparation,and a warning against the health hazards of inappropriate
preparation,and
f) The health hazards of (the use)unnecessary or improper use of infant formula and other related
products including information that powdered infant formula may contain pathogenic microorganisms
and must be prepared and used appropriately.
Source: Administrative-Order-No.-2006-0012
VII. Containers/ Labels
SECTION 27. Infant Feeding Warning
- Food products within the scope of this Code marketed for infant
feeding,which do not meet all the requirements of an infant formula but
which can be modified to do so, shall carry on the label,a warning that
the unmodified product should not be the sole source of nourishment
of an infant.
SECTION 28.BFADs Authority
- The labels of food products within the scope of this Code shall,in
addition to the requirements in the preceding paragraphs,conform to
the rules and regulations of the BFAD.
Source: Administrative-Order-No.-2006-0012
VIII. Quality and Standards
SECTION 29. Quality. The quality of products is an essential element for
the protection of the health of infants and young children and therefore
shall be of highly recognized standard.
SECTION 30.Standards. Food products within the scope of this Code
shall,whensold or otherwise distributed,meet applicable standards
recommended by the Codex Alimentarius Commission and also the
Codex Code of Hygienic Practice for Foods for Infants and Children.
SECTION 31. Against Adulteration and the Like. To prevent quality
deterioration,adulteration or contamination of food products within the
scope of this Code,distribution outlets,shall not be allowed to open
cans and boxes for the purpose of retailing them by the cup, bag or in
any other form.
Source: Administrative-Order-No.-2006-0012
IX. Health Workers and Health Care System
SECTION 32. Primary Responsibility of Health Workers. It is the primary responsibility of the health
workers to promote,protect and support breastfeeding and appropriate infant and young child
feeding.Part of this responsibility is to continuously update their knowledge and skills on
breastfeeding.No assistance,support,logistics or training from milk companies shall be permitted.
SECTION 33.Role of Academe and Others. The academe and allied health institutions shall ensure
basic education and training on Infant and Young Child Feeding (ICYF)and lactation management.
SECTION 34.Classes,Seminars For Women. In order to protect women of reproductive age,including
pregnant mothers,milk companies and their representatives,shall not be allowed to hold any activity in
the guise of classes,seminars,recreation activities,fora,and the like,regardless whether or not such
activities are intended to promote the products covered by the Code.
SECTION 35.No Promotions. The health workers and the health care system shall not be used for
dissemination,distribution and promotion of products within the scope of this Code.No health care
facility should be used for promotions of products within the scope of this Code nor as venues that
undermine breastfeeding.
Source: Administrative-Order-No.-2006-0012
X. Monitoring and Implementation
SECTION 36. Monitoring,Implementation,Functions
- The Department of Health shall be primarily responsible for the monitoring,implementation
and enforcement of the Milk Code and these Implementing Rules and Regulations.
National level:
·National Center for Disease Prevention and Control (NCDPC)
·National Center for Health Facilities and Development (NCHFD)
·Government/Non-government Organizations/Civil Societies without any conflict of interest
with the breastfeeding culture,and/or direct or indirect connection,financial or otherwise,or
with commercial interest within the scope of the Code
·Ad Hoc International Agencies such as the United Nations Children's Emergency Fund
(UNICEF)and/or the World Health Organization (WHO)
Regional/Provincial/City/Municipal/Barangay levels(in collaboration with their respective
Local Government Units):
·Center for Health Development Offices
·Provincial Health Offices
·City Health Offices
·Municipal Health Offices/Rural Health Units
·Barangay Health Office
·GOs/NGOs/Civil Societies
Source: Administrative-Order-No.-2006-0012
X. Monitoring and Implementation
SECTION 36. Monitoring,Implementation,Functions
The Monitoring Team shall have the following functions:
· Monitors compliance as well as problems encountered in the implementation of the
Milk Code.
· Reviews/acts on reports of violations of the provisions of the Code.
· Verifies reports of violations of the Milk Code.
· Monitors labels of products within the scope of the Code and marketing practices in
various distribution centers.
· Recommends sanctions or punitive actions for violations of the Milk Code to the
Bureau of Food and Drugs.
· Submits regular reports on the status of the Milk Code implementation to the
Bureau of Food and Drugs.
SECTION 37. Report to the Secretary of Health
SECTION 38. Role of DoH/BFAD in IAC
- convene and chair the Inter -Agency Committee(IAC) with BFAD acting as its Member
/ Secretariat
Source: Administrative-Order-No.-2006-0012
XI. Filing of Administrative and Criminal Complaint
SECTION 39. Role of Bureau of Food and Drugs(BFAD)
- The Bureau of Food and Drugs(BFAD)shall investigate and verify reports of
violations;when appropriate,apply administrative sanctions against the
violators;and/or file criminal complaints against persons and entities found
to have violated,singly or repeatedly,the provisions of the Code or these
implementing rules and regulations.
SECTION 40. National Level Violations
- Reports of violations of the Milk Code committed at the national level shall
be filed and investigated at the Bureau of Food and Drugs.
SECTION 41.Regional/Provincial Level Violations
- Problems/violations arising at the regional/provincial levels shall be
filed,investigated and resolved at these levels.The regional/provincial level
shall notify BFAD of any action taken relative to the afore said
problems/violations.Violations that require prosecution or imposition of
administrative sanction as stated in these rules shall be elevated to the
BFAD for appropriate action.
Source: Administrative-Order-No.-2006-0012
XI. Filing of Administrative and Criminal Complaint
SECTION 42. Meaning of National/Regional Provincial Level Violations.
- When the violation consists of commercial exhibition or advertisement for
those products within the scope of this Code and found in areas beyond
regions,then the violation is deemed to be national.When found or existing
in a specific region only,then regional and so on down to the other
geographical areas.
SECTION 43. Issuance of Cease and Desist Orders (CDO's).
- Immediately upon receipt of the report of violation,the investigating officer
shall conduct an ex parte examination of the evidence presented.If a prima
facie case is established,a Cease and Desist Order (CDO) shall be issued by
the BFAD Director or the DoH Regional Director,as the case may be.
Source: Administrative-Order-No.-2006-0012
XI. Filing of Administrative and Criminal Complaint
SECTION 44. Authority of the IAC To Issue CDO.
- The IAC Secretariat shall have the authority to determine if any
advertising,marketing,or promotional material violates these Rules and
Regulations.In such case,the IAC Secretariat shall issue a CDO,signed by
the IAC Chairperson stopping the further release,printing,broadcast,or
dissemination of the violative advertising,marketing,or promotional material.
SECTION 45. Role of the Department of Justice.
- The Department of Justice (DoJ)shall cause the criminal prosecution of the
violators of this Code.
Source: Administrative-Order-No.-2006-0012
XII. Administrative Sanctions
SECTION 46. Administrative Sanctions
- The following administrative sanctions shall be imposed upon any
person,juridical or natural,found to have violated the provisions of the Code
and its Implementing Rules and Regulations:
a) 1st violation - Warning;
b) 2nd violation -Administrative fine of a minimum of Ten Thousand
(P10,000.00) to Fifty Thousand (P50,000.00)Pesos depending on the gravity and
extent of the violation,including the recall of the offending product;
a) 3rd violation - Administrative Fine of a minimum of Sixty Thousand(P60,000.00)
to One Hundred Fifty Thousand (P150,000.00) Pesos , depending on the gravity
and extent of the violation,and in addition thereto,the recall of the offending
product,and suspension of the Certificate of Product Registration(CPR);
b) 4th violation - Administrative Fine of a minimum of Two Hundred Thousand
(P200,000.00)to Five Hundred(P500,000.00)Thousand Pesos,depending on the
gravity and extent of the violation;and in addition thereto,the recall of the
product,revocation of the CPR,suspension of the License to Operate (LTO)for
one year;
Source: Administrative-Order-No.-2006-0012
XII. Administrative Sanctions
SECTION 46. Administrative Sanctions
- The following administrative sanctions shall be imposed upon any
person,juridical or natural,found to have violated the provisions of the Code
and its Implementing Rules and Regulations:
e) 5th and succeeding repeated violations - Administrative fine of One Million(P
1,000,000.00)Pesos,the recall of the offending product,cancellation of the
CPR,revocation of the License to Operate(LTO)of the company concerned,including
the blacklisting of the company to be furnished the Department of Budget and
Management(DBM)and the Department of Trade and Industry(DTI);
f) An additional penalty of Two Thousand Five Hundred (P2,500.00)Pesos per day
shall be made for every day the violation continues after having received the order
from the IAC or other such appropriate body,notifying and penalizing the company
for theinfraction.
Source: Administrative-Order-No.-2006-0012
XII. Administrative Sanctions
SECTION 47. Fees,Charges and Fines.
- All fees collected,charges imposed and administrative fines that have
accrued as a consequence of the implementation of these Rules shall be for
the account and income of the Bureau of Food and Drugs.
SECTION 48. Against Public Employees.
- In accordance with the Administrative Code and pertinent Civil Service
rules and regulations,erring government employees found to be liable,and
depending on the gravity of said violation,shall be imposed the appropriate
penalty by the disciplining authority.
SECTION 49.Liability of Manufacturers/Distributors.
- Manufacturers and Distributors of the products covered by the Code shall
be directly liable for any violation of the provisions of the Code and its
IRR.Should the offense be committed by a juridical person,the Chairman of
the Board of Directors,the president,general manager,or the partners and/or
the persons directly responsible therefore,shall be made accountable.
Source: Administrative-Order-No.-2006-0012
XIII. Criminal Penalties
SECTION 50. Penalties
- Any person who violates the provisions of this Code or these rules and
regulations shall,upon conviction,be punished by a penalty of two (2)
months to one(1) year imprisonment or a fine of not less than One
Thousand Pesos (P1,000.00) nor more than Thirty Thousand
Pesos(P30,000.00) or both.Should the offense be committed by a juridical
person, the Chairman of the Board of Directors,the president,general
manager,or the partners and/or the persons directly responsible therefore,
shall be penalized.
Source: Administrative-Order-No.-2006-0012
XIV. Miscellaneous Provisions
Section 51. Donations Within the Scope of This Code.
- Donations of products,materials,defined and covered under the Milk Code
and these implementing rules and regulations,shall be strictly prohibited.
Section 52. Other Donations By Milk Companies Not Covered by this Code.
- Donations of products,equipments,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
SECTION 53.Construction.
- All doubts in the implementation and interpretation of the provisions of
these implementing rules and regulations shall be resolved in favor of and
for the promotion of breastfeeding and against breastmilk substitutes and
replacements.
Source: Administrative-Order-No.-2006-0012
XIV. Miscellaneous Provisions
SECTION 54. Supplemental Administrative Issuances.
- The Secretary of Health,or his duly authorized representative,may issue such
additional implementing rules and regulations as may be necessary to further
clarify any part of this IRR.
SECTION 55. Continuous Review on Prescription Policy.
- The Department of Health shall evaluate every year,or as necessary,its policy of
whether or not to subject the sale of infant formula or breastmilk substitutes,to
prescription.
SECTION 56. Extending Prohibition For Brand names and Company Logo
Identification.
- The Department shall periodically review whether or not to allow or prohibit the use of brand
names or company logos of products within the scope of this Code which are similar to the brand
names or logos utilized for products not covered by this Code,including the physical appearance
of the container,taking into consideration the possibility of product confusion,the balance
between a free market economy as against the decline and fall of breastfeeding rates among
mothers and women of reproductive age,and public welfare and benefit being its ultimate
yardstick. Accordingly,any modification of existing policy should first undergo public
consultations with all concerned stakeholders before its actual implementation.
Source: Administrative-Order-No.-2006-0012
XV. Final Provisions
SECTION 57. Repealing Clause
- All orders,issuances,and rules and regulations or parts thereof inconsistent with
these revised rules and implementing regulations are hereby repealed and
modified accordingly.
SECTION 58.Separability Clause
- If for any reason,any part or provision of these Revised Rules and Implementing
Regulations,be declared invalid or unconstitutional,such invalidity or
unconstitutionality shall not affect the other provisions which shall remain in full
force and effect.
SECTION 59.Effectivity
- These Revised Rules and Regulations shall take effect fifteen(15)days after its
publication in a newspaper of general circulation with the requisite copy
submitted to the University of the Philippines Law Center.
Source: Administrative-Order-No.-2006-0012

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Administrative-Order-No.-2006-0012 Milk Code.pdf

  • 1. Administrative-Order-No.-2006-0012 MFSM 505A - FOOD SAFETY LEGISLATIONS AND REGULATIONS Prof. Rosalinda Lorilla Prepared by: Sheryllene S. Aguilera Image Source: Google
  • 2. SUBJECT: Revised Implementing Rules And Regulations of Executive Order No. 51, Otherwise Known as The"Milk Code", Relevant International Agreements,Penalizing Violations Thereof,and for Other Purposes
  • 3. BREASTFEEDING B est for baby R educes the incidence of allergies such as asthma and eczema E conomical A antibodies - greater immunity to some infectious diseases S tool inoffensive - hardly ever constipated T temperature always ideal Image Source: Google BREASTFEEDING F resh milk - never goes off E motionally bonding E cologically sound D igested easily I mmediate available N utritionally optimal G astroentiritis greatly reduced
  • 4. E.O 51 : National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products - Signed into law on October 1986 by former Pres. Cory Aquino A.O 2006-0012 - Challenge before the supreme court in petition for certiorari under Rule 65 of the Rules of Court - The petition sought the nullification of entire A.O.2006-0012 - Supreme court decided the case on October 9,2007 - Out of the 59 sections, only 3 sections were declared null and void, all other provisions were sustained
  • 7. AO - No.2006-0012 1. Enabling Provisions 2. Definition of Terms 3. Information and Education 4. Research 5. Advertising, Promotion, Marketing and Sponsorship 6. Prohibited Act 7. Containers/ Labels 8. Quality and Standard 9. Health Workers and Health Care System 10.Monitoring and Implementation 11.Filing of Administrative and Criminal Complaint 12.Administrative Sanctions 13.Criminal Penalties 14.Miscellaneous Provisions 15.Final Provisions
  • 8. Rationale WHEREAS, Section 15 Article Il of the 1987 Constitution of the Philippines states that "The State shall protect and promote the right to health of the people and instill health consciousness among them“; WHEREAS,Section 2,Article ll of the 1987 Constitution of the Philippines states in part that “The Philippines x x x adopts the generally accepted principles of international law as part of the law of the land x x x". WHEREAS,the Philippines has adopted the WHO and UNICEF“2002 Global Strategy on Infant and Young Child Feeding",and the various World Health Assembly Resolutions to implement the same,and therefore is legally and morally obligated to follow their provisions. WHEREAS,towards this end,the State shall support the “2002 Global Strategy on Infant and Young Child Feeding"and exerts efforts to address the provision of safe and adequate nutrition for infants and young children.by the protection,promotion and support of breastfeeding: Source: Administrative-Order-No.-2006-0012
  • 9. Rationale WHEREAS,the WHO/UNICEF Global Strategy on Infant and Young Child Feeding recommends not only exclusive breast milk for newborns,but also indigenous,fresh and natural foods in combination with continued breastfeeding for infants and young children.It is guided by the World Health Assembly Resolutions,Codex Alimentarius,and consistent with national laws or national policies; WHEREAS,adequate and proper nutrition is an important and universally recognized component of each child's right to the enjoyment of the highest attainable standard of health as provided for in the United nations Convention on the Rights of the Child,which the Philippine Senate,in accordance with its constitutional prerogative under Section 21,Article Vll,of the 1987 Constitution,ratified on July 26,1990,and which mandates the Philippines to implement various international agreements relevant to Infant and Young Child Feeding; WHEREAS,the use of breastmilk,which is widely recognized as the best source of nutrition for babies,promotes the development of emotional bonding between the mother and child,bestows upon the newborn infant protection against infection,provides for the mother natural contraception after delivery,and protects the mothers from closely spaced pregnancy. Source: Administrative-Order-No.-2006-0012
  • 10. Rationale WHEREAS,with the resultant healthier population and the reduction in infant and under five mortality rates,the country will be closer in reaching its targets for the Millennium Development Goals; WHEREAS,breastfeeding is the most far-reaching and the least costly strategy for the alleviation of poverty NOW THEREFORE,Pursuant to the authority under Section 12(b)(1)of Executive Order No.51 dated 20 October 1986,otherwise known as "National Code of Marketing of Breastmilk Substitutes,Breastmilk Supplements and Related Products,"the Department of Health,through the Honorable Secretary of Health, hereby promulgate the ensuing revised rules and implementing regulations: Source: Administrative-Order-No.-2006-0012
  • 11. I. ENABLING PROVISIONS SECTION 1.Title -The following shall be referred to as the "Revised Implementing Rules and Regulations of Executive Order No.51,otherwise known as the 'Milk Code',Relevant International Agreements,Penalizing Violations Thereof,And For Other Purposes". SECTION 2.Purpose -These Revised Rules and Regulations are hereby promulgated to ensure the provision of safe and adequate nutrition for infants and young children by the promotion,protection and support of breastfeeding and by ensuring the proper use of breastmilk substitutes, breastmilk supplements and related products when these are medically indicated and only when necessary,on the basis of adequate information and through appropriate marketing and distribution. Source: Administrative-Order-No.-2006-0012
  • 12. I. ENABLING PROVISIONS SECTION 3. Scope and Coverage -These Revised Rules and Regulations shall apply to the marketing,and practices related thereto,of the following products: breastmilk 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; feeding bottles and teats. It also applies to their quality and availability,and to information concerning their use. Source: Administrative-Order-No.-2006-0012
  • 13. I. ENABLING PROVISIONS SECTION 4. Declaration of Principles a. Exclusive breastfeeding is for infants from 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. d. Breastfeeding is still appropriate for young children up to two (24 months)years of age or beyond. e. Infant or milk formula may be hazardous to a child's health and damage child's formative development. Source: Administrative-Order-No.-2006-0012
  • 14. I. ENABLING PROVISIONS SECTION 4. Declaration of Principles f. Advertising,promotions,or sponsorships of infant formula, breastmilk substitutes and other related products are prohibited. g. Other related products such as, but not exclusive of, teats, feeding bottles,and artificial feeding paraphernalia are prohibited in health facilities. h. Government and all concerned stakeholders must continuously accomplish an information,dissemination campaign/strategy,and do further research on the advantages of breastmilk and the hazards of breastmilk substitutes or replacements. i. Milk companies,and their representatives,should not form part of any policymaking body or entity in relation to the advancement of breastfeeding Source: Administrative-Order-No.-2006-0012
  • 15. III. INFORMATION AND EDUCATION SECTION 6. Responsibility - The Department of Health shall take measures to promote, protect, support and monitor appropriate infant and young child feeding(IYCF) practices. Appropriate IYCF practices include the following: · Proper Latching - on immediately after birth and initiation of breastfeeding within the first thirty (30)minutes thereafter · exclusive breastfeeding from 0 -6 months · appropriate complementary feeding from 6 months onwards · continuous breastfeeding up to two (2)years of age or beyond Source: Administrative-Order-No.-2006-0012
  • 16. III. INFORMATION AND EDUCATION SECTION 7- Hazards and Complete Information on Breastmilk Substitutes and Replacements - It is the responsibility of the State to inform the general public on the hazards of the production, preparation and use of breastmilk substitutes and other products covered by the Code. When medically indicated and only when necessary,the use of breastmilk substitutes is proper if based on complete and updated information. SECTION 8.Information and Education. - The government shall ensure that objective and consistent information is provided on infant and young child feeding,for use by families and those involved in the field of infant nutrition.This responsibility shall cover the planning,provision,design and dissemination of information,and the control thereof. Source: Administrative-Order-No.-2006-0012
  • 17. IV. Research SECTION 9. Research,Ethics Committee,Purpose - The DOH shall ensure that research conducted for public policy purposes,relating to infant and young child feeding should,at all times,be free from any commercial influence/bias;accordingly,the health worker or researcher involved in such must disclose any actual or potential conflict of interest with the company/person funding the research.In any event,such research and its findings shall be subjected to independent peer review. SECTION 10.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 the public presentation of the research and in print upon publication. Source: Administrative-Order-No.-2006-0012
  • 18. V. Advertising, Promotion, Marketing and Sponsorship SECTION 11. Prohibition. No advertising,promotions,sponsorships,or marketing materials and activities for breastmilk substitutes intended for infants and young children up to twenty-four(24) months,shall be allowed,because they tend to conveyor give subliminal messages or impressions that undermine breastmilk and breastfeeding or otherwise exaggerate breastmilk substitutes and/or replacements,as well as related products covered within the scope of this Code. Section 12.Authority of the Inter-Agency Committee(IAC). The InterAgency Committee(IAC)shall review all advertising,promotion or other marketing materials,whether written, audio, visual, cinema, theater, audio-visual and electronics,including but not limited to mail,email,text messages,telephone calls and website advertising,and for communication and information dissemination in any form,for products within the scope of this Code. Source: Administrative-Order-No.-2006-0012
  • 19. V. Advertising, Promotion, Marketing and Sponsorship SECTION 13. “Total Effect”- Promotion of products within the scope of this Code must be objective and should not equate or make the product appear to be as good or equal to breastmilk or breastfeeding in the advertising concept.It must not in any case undermine breastmilk or breastfeeding.The "total effect"should not directly or indirectly suggest that buying their product would produce better individuals,or resulting in greater love,intelligence,ability,harmony or in any manner bring better health to the baby or other such exaggerated and unsubstantiated claim. SECTION 14.Prior Written Consent and Approval of Committee.- No advertising,promotion or other marketing materials whether written,audio,visual,audio-visual,and electronic for products within the scope of this Code,which are marketed as partial or total replacement of breastmilk, including bottle-fed complementary foods shall be printed, published, distributed, exhibited,and broadcasted or in any manner released to the public without the prior written consent and approval of the Committee. Source: Administrative-Order-No.-2006-0012
  • 20. V. Advertising, Promotion, Marketing and Sponsorship SECTION 15. Content of Materials - The following shall not be included in advertising,promotional and marketing materials: a. Texts,pictures,illustrations or information which discourage or tend to undermine the benefits or superiority of breastfeeding or which idealize the use of breastmilk substitutes and milk supplements. In this connection,no pictures of babies and children together with their mothers, fathers, siblings, grandparents, other relatives or caregivers (or yayas) shall be used in any advertisements for infant formula and breastmilk supplements; b. The term "humanized","maternalized","close to mother's milk"or similar words in describing breastmilk substitutes or milk supplements; c. Pictures or texts that idealize the use of infant and milk formula. Source: Administrative-Order-No.-2006-0012
  • 21. VI. Prohibited Acts SECTION 16. All health and nutrition claims for products within the scope of the Code are absolutely prohibited.For this purpose,any phrase or words that connoles to increase emotional,intellectual abilities of the infant and young child and other like phrases shall not be allowed. SECTION 17.False or misleading information or claims of products within the scope of the Code are prohibited. SECTION 18. No financial or material inducements or gifts of any sort to promote products within the scope of this Code shall be offered or given by milk companies nor accepted by health workers and/or members of their families. Source: Administrative-Order-No.-2006-0012
  • 22. VI. Prohibited Acts SECTION 19. Manufacturers,distributors and marketing firms or their representatives of products within the scope of this Code are prohibited from donating or giving directly or indirectly,samples and supplies to any member of the general public,to hospitals,and other health facilities,including their personnel and members of their families. SECTION 20.Manufacturers,distributors and marketing firms or their representatives of products within the scope of this Code are prohibited from using the health workers and the health care system in the dissemination,distribution and promotion of products within the scope of the Code. SECTION 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 product 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. Source: Administrative-Order-No.-2006-0012
  • 23. VI. Prohibited Acts SECTION 22. No manufacturer,distributor or representatives of products covered by the Code shall be allowed to conduct or be involved in any activity on breastfeeding promotion, education and production of Information.Education,and Communication(IEC)materials on breastfeeding,holding of or participating as speakers in classics seminars for women and children activities and to avoid the use of these venues to market their brands or company names. SECTION 23.There shall be no point of sale advertising,giving of samples or any promotion devices to induce sales directly to the consumers at the retail level, such as special displays, discount coupons,premiums,rebates,special sales,bonus and tic-in sales,loss-leaders, prices or gifts for the products within the scope of this Code. SECTION 24. Neither the container nor the label of milk products within the scope of this Code shall have pictures of babies and children together with their mothers, fathers.siblings,grandparents,other relatives or caregivers (or yaa)or such other pictures and graphics of similar import. Source: Administrative-Order-No.-2006-0012
  • 24. VII. Containers/ Labels SECTION 25. Appropriate Use. - Containers and labels shall be designed to provide the necessary information about the appropriate use of the products within the scope the Code and in such a way as not to undermine,or equate it to,breastfeeding. SECTION 26.Content. Each container/label shall contain such message,in both Filipino and English languages,and which message cannot be readily separated there from,relative the following points: a) The words or phrase “Important Notice"or "Government Warning"or their equivalent; b) A statement of the superiority of breastfeeding; c) A statement that there is no substitute for breastmilk; d) 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; e) Instructions for appropriate preparation,and a warning against the health hazards of inappropriate preparation,and f) The health hazards of (the use)unnecessary or improper use of infant formula and other related products including information that powdered infant formula may contain pathogenic microorganisms and must be prepared and used appropriately. Source: Administrative-Order-No.-2006-0012
  • 25. VII. Containers/ Labels SECTION 27. Infant Feeding Warning - Food products within the scope of this Code marketed for infant feeding,which do not meet all the requirements of an infant formula but which can be modified to do so, shall carry on the label,a warning that the unmodified product should not be the sole source of nourishment of an infant. SECTION 28.BFADs Authority - The labels of food products within the scope of this Code shall,in addition to the requirements in the preceding paragraphs,conform to the rules and regulations of the BFAD. Source: Administrative-Order-No.-2006-0012
  • 26. VIII. Quality and Standards SECTION 29. Quality. The quality of products is an essential element for the protection of the health of infants and young children and therefore shall be of highly recognized standard. SECTION 30.Standards. Food products within the scope of this Code shall,whensold or otherwise distributed,meet applicable standards recommended by the Codex Alimentarius Commission and also the Codex Code of Hygienic Practice for Foods for Infants and Children. SECTION 31. Against Adulteration and the Like. To prevent quality deterioration,adulteration or contamination of food products within the scope of this Code,distribution outlets,shall not be allowed to open cans and boxes for the purpose of retailing them by the cup, bag or in any other form. Source: Administrative-Order-No.-2006-0012
  • 27. IX. Health Workers and Health Care System SECTION 32. Primary Responsibility of Health Workers. It is the primary responsibility of the health workers to promote,protect and support breastfeeding and appropriate infant and young child feeding.Part of this responsibility is to continuously update their knowledge and skills on breastfeeding.No assistance,support,logistics or training from milk companies shall be permitted. SECTION 33.Role of Academe and Others. The academe and allied health institutions shall ensure basic education and training on Infant and Young Child Feeding (ICYF)and lactation management. SECTION 34.Classes,Seminars For Women. In order to protect women of reproductive age,including pregnant mothers,milk companies and their representatives,shall not be allowed to hold any activity in the guise of classes,seminars,recreation activities,fora,and the like,regardless whether or not such activities are intended to promote the products covered by the Code. SECTION 35.No Promotions. The health workers and the health care system shall not be used for dissemination,distribution and promotion of products within the scope of this Code.No health care facility should be used for promotions of products within the scope of this Code nor as venues that undermine breastfeeding. Source: Administrative-Order-No.-2006-0012
  • 28. X. Monitoring and Implementation SECTION 36. Monitoring,Implementation,Functions - The Department of Health shall be primarily responsible for the monitoring,implementation and enforcement of the Milk Code and these Implementing Rules and Regulations. National level: ·National Center for Disease Prevention and Control (NCDPC) ·National Center for Health Facilities and Development (NCHFD) ·Government/Non-government Organizations/Civil Societies without any conflict of interest with the breastfeeding culture,and/or direct or indirect connection,financial or otherwise,or with commercial interest within the scope of the Code ·Ad Hoc International Agencies such as the United Nations Children's Emergency Fund (UNICEF)and/or the World Health Organization (WHO) Regional/Provincial/City/Municipal/Barangay levels(in collaboration with their respective Local Government Units): ·Center for Health Development Offices ·Provincial Health Offices ·City Health Offices ·Municipal Health Offices/Rural Health Units ·Barangay Health Office ·GOs/NGOs/Civil Societies Source: Administrative-Order-No.-2006-0012
  • 29. X. Monitoring and Implementation SECTION 36. Monitoring,Implementation,Functions The Monitoring Team shall have the following functions: · Monitors compliance as well as problems encountered in the implementation of the Milk Code. · Reviews/acts on reports of violations of the provisions of the Code. · Verifies reports of violations of the Milk Code. · Monitors labels of products within the scope of the Code and marketing practices in various distribution centers. · Recommends sanctions or punitive actions for violations of the Milk Code to the Bureau of Food and Drugs. · Submits regular reports on the status of the Milk Code implementation to the Bureau of Food and Drugs. SECTION 37. Report to the Secretary of Health SECTION 38. Role of DoH/BFAD in IAC - convene and chair the Inter -Agency Committee(IAC) with BFAD acting as its Member / Secretariat Source: Administrative-Order-No.-2006-0012
  • 30. XI. Filing of Administrative and Criminal Complaint SECTION 39. Role of Bureau of Food and Drugs(BFAD) - The Bureau of Food and Drugs(BFAD)shall investigate and verify reports of violations;when appropriate,apply administrative sanctions against the violators;and/or file criminal complaints against persons and entities found to have violated,singly or repeatedly,the provisions of the Code or these implementing rules and regulations. SECTION 40. National Level Violations - Reports of violations of the Milk Code committed at the national level shall be filed and investigated at the Bureau of Food and Drugs. SECTION 41.Regional/Provincial Level Violations - Problems/violations arising at the regional/provincial levels shall be filed,investigated and resolved at these levels.The regional/provincial level shall notify BFAD of any action taken relative to the afore said problems/violations.Violations that require prosecution or imposition of administrative sanction as stated in these rules shall be elevated to the BFAD for appropriate action. Source: Administrative-Order-No.-2006-0012
  • 31. XI. Filing of Administrative and Criminal Complaint SECTION 42. Meaning of National/Regional Provincial Level Violations. - When the violation consists of commercial exhibition or advertisement for those products within the scope of this Code and found in areas beyond regions,then the violation is deemed to be national.When found or existing in a specific region only,then regional and so on down to the other geographical areas. SECTION 43. Issuance of Cease and Desist Orders (CDO's). - Immediately upon receipt of the report of violation,the investigating officer shall conduct an ex parte examination of the evidence presented.If a prima facie case is established,a Cease and Desist Order (CDO) shall be issued by the BFAD Director or the DoH Regional Director,as the case may be. Source: Administrative-Order-No.-2006-0012
  • 32. XI. Filing of Administrative and Criminal Complaint SECTION 44. Authority of the IAC To Issue CDO. - The IAC Secretariat shall have the authority to determine if any advertising,marketing,or promotional material violates these Rules and Regulations.In such case,the IAC Secretariat shall issue a CDO,signed by the IAC Chairperson stopping the further release,printing,broadcast,or dissemination of the violative advertising,marketing,or promotional material. SECTION 45. Role of the Department of Justice. - The Department of Justice (DoJ)shall cause the criminal prosecution of the violators of this Code. Source: Administrative-Order-No.-2006-0012
  • 33. XII. Administrative Sanctions SECTION 46. Administrative Sanctions - The following administrative sanctions shall be imposed upon any person,juridical or natural,found to have violated the provisions of the Code and its Implementing Rules and Regulations: a) 1st violation - Warning; b) 2nd violation -Administrative fine of a minimum of Ten Thousand (P10,000.00) to Fifty Thousand (P50,000.00)Pesos depending on the gravity and extent of the violation,including the recall of the offending product; a) 3rd violation - Administrative Fine of a minimum of Sixty Thousand(P60,000.00) to One Hundred Fifty Thousand (P150,000.00) Pesos , depending on the gravity and extent of the violation,and in addition thereto,the recall of the offending product,and suspension of the Certificate of Product Registration(CPR); b) 4th violation - Administrative Fine of a minimum of Two Hundred Thousand (P200,000.00)to Five Hundred(P500,000.00)Thousand Pesos,depending on the gravity and extent of the violation;and in addition thereto,the recall of the product,revocation of the CPR,suspension of the License to Operate (LTO)for one year; Source: Administrative-Order-No.-2006-0012
  • 34. XII. Administrative Sanctions SECTION 46. Administrative Sanctions - The following administrative sanctions shall be imposed upon any person,juridical or natural,found to have violated the provisions of the Code and its Implementing Rules and Regulations: e) 5th and succeeding repeated violations - Administrative fine of One Million(P 1,000,000.00)Pesos,the recall of the offending product,cancellation of the CPR,revocation of the License to Operate(LTO)of the company concerned,including the blacklisting of the company to be furnished the Department of Budget and Management(DBM)and the Department of Trade and Industry(DTI); f) An additional penalty of Two Thousand Five Hundred (P2,500.00)Pesos per day shall be made for every day the violation continues after having received the order from the IAC or other such appropriate body,notifying and penalizing the company for theinfraction. Source: Administrative-Order-No.-2006-0012
  • 35. XII. Administrative Sanctions SECTION 47. Fees,Charges and Fines. - All fees collected,charges imposed and administrative fines that have accrued as a consequence of the implementation of these Rules shall be for the account and income of the Bureau of Food and Drugs. SECTION 48. Against Public Employees. - In accordance with the Administrative Code and pertinent Civil Service rules and regulations,erring government employees found to be liable,and depending on the gravity of said violation,shall be imposed the appropriate penalty by the disciplining authority. SECTION 49.Liability of Manufacturers/Distributors. - Manufacturers and Distributors of the products covered by the Code shall be directly liable for any violation of the provisions of the Code and its IRR.Should the offense be committed by a juridical person,the Chairman of the Board of Directors,the president,general manager,or the partners and/or the persons directly responsible therefore,shall be made accountable. Source: Administrative-Order-No.-2006-0012
  • 36. XIII. Criminal Penalties SECTION 50. Penalties - Any person who violates the provisions of this Code or these rules and regulations shall,upon conviction,be punished by a penalty of two (2) months to one(1) year imprisonment or a fine of not less than One Thousand Pesos (P1,000.00) nor more than Thirty Thousand Pesos(P30,000.00) or both.Should the offense be committed by a juridical person, the Chairman of the Board of Directors,the president,general manager,or the partners and/or the persons directly responsible therefore, shall be penalized. Source: Administrative-Order-No.-2006-0012
  • 37. XIV. Miscellaneous Provisions Section 51. Donations Within the Scope of This Code. - Donations of products,materials,defined and covered under the Milk Code and these implementing rules and regulations,shall be strictly prohibited. Section 52. Other Donations By Milk Companies Not Covered by this Code. - Donations of products,equipments,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 SECTION 53.Construction. - All doubts in the implementation and interpretation of the provisions of these implementing rules and regulations shall be resolved in favor of and for the promotion of breastfeeding and against breastmilk substitutes and replacements. Source: Administrative-Order-No.-2006-0012
  • 38. XIV. Miscellaneous Provisions SECTION 54. Supplemental Administrative Issuances. - The Secretary of Health,or his duly authorized representative,may issue such additional implementing rules and regulations as may be necessary to further clarify any part of this IRR. SECTION 55. Continuous Review on Prescription Policy. - The Department of Health shall evaluate every year,or as necessary,its policy of whether or not to subject the sale of infant formula or breastmilk substitutes,to prescription. SECTION 56. Extending Prohibition For Brand names and Company Logo Identification. - The Department shall periodically review whether or not to allow or prohibit the use of brand names or company logos of products within the scope of this Code which are similar to the brand names or logos utilized for products not covered by this Code,including the physical appearance of the container,taking into consideration the possibility of product confusion,the balance between a free market economy as against the decline and fall of breastfeeding rates among mothers and women of reproductive age,and public welfare and benefit being its ultimate yardstick. Accordingly,any modification of existing policy should first undergo public consultations with all concerned stakeholders before its actual implementation. Source: Administrative-Order-No.-2006-0012
  • 39. XV. Final Provisions SECTION 57. Repealing Clause - All orders,issuances,and rules and regulations or parts thereof inconsistent with these revised rules and implementing regulations are hereby repealed and modified accordingly. SECTION 58.Separability Clause - If for any reason,any part or provision of these Revised Rules and Implementing Regulations,be declared invalid or unconstitutional,such invalidity or unconstitutionality shall not affect the other provisions which shall remain in full force and effect. SECTION 59.Effectivity - These Revised Rules and Regulations shall take effect fifteen(15)days after its publication in a newspaper of general circulation with the requisite copy submitted to the University of the Philippines Law Center. Source: Administrative-Order-No.-2006-0012