Milk Code
Milk Code
Milk Code
1986
THE MILK CODE
A.O 2006-0012
Revised Implementing Rules and
Regulations of Executive Order No. 51
SECTION 1. TITLE
a law that ensures safe and adequate nutrition for infants through
the promotion of breastfeeding and the regulation of
promotion, distribution, selling, advertising, product public
relations, and information services artificial milk formulas and
other covered products
SECTION 1. TITLE
These revised rules and regulations are hereby promulgated to ensure the provision
of safe, adequate nutrition for infants and young children by the promotion,
protection and support of breastfeeding and by ensuring the proper use of
breastmilk substitute, breast milk supplement and related products when these
are medically indicated and only when necessary , on the basis of adequate
information and through appropriate marketing distribution
(E.O 51 s. 1986 )
Section 1: Title Manufacturers and Distributors
Section 2. Aim of the code Section 10. Containers/label.
Section 3. Scope of the code Section 11. Quality
Section 4. Definition of terms. Section 12. Implementation and
Section 5. Information and monitoring
education. Section 13. Sanctions
Section 6. The general public and Section 14. Repealing clause
mothers. Section 15. Separability clause.
Section 7. Health care system. Section 16. Effectivity
Section 8. Health workers
Section 9. Persons Employed by
(A.O 2006-0012)
Rule I Enabling Provision Rule IV Research
Section 1: Title Section 9. Research, Ethics committee,
Section 2. Purpose Purpose
Section 3. Scope and coverage Section 10. Public disclosure
Section 4: Declaration of principle
Rule V Advertising, Promotion, Marketing
Rule II Definition of Term and Sponsorship
Section 5. Definition of terms. Section 11. Prohibition
Section 12. Authority of the Inter
Rule III Information and education agency Comitte (IAC)
Section 6. Responsibility Section 13. Total effect
Section 7. Hazard and complete Section 14. Prior written consent
information on breastmilk and Approval of comittee
substitute and replacement Section 15. Content and Materials
Section 8. Information and education
Rule VI Prohibited Acts Section 32. Primary responsibility of
Section 16. Section 21. healthcare workers
Section 17. Section 22. Section 33. Roles of academes and
Section 18. Section 23. others
Section 19. Section 24. Section 34. Classes , Seminars for
Section 20. Women
Section 35. No promotions
Rule VII Containers/ Labels
Section 25. Appropriate Use Rule X - Monitoring and Implementation
Section 26. Content Section 36. Monitoring,
Section 27. Infant Feeding Implementation, Functions
warning Section 37. Report to the secretary of
Section 28. BFADs Authority health
Section 38. Role of DOH/BFAD in
Rule VIII Quality and Standard IAC
Section 29. Quality
Section 30. Standards Rule XI Filing of Administrative and
Section 31. Against aldulteration and Criminal Complaint
the like Section 39. Role of BFAD
Section 40. National level of Violation
Rule IX - Health workers and Healthcare Section 41. Regional level of Violation
system
Section 42. Meaning of Levels of Section 52. Other Donations
violations Section 53. Construction
Section 43. Issuance of cease and Section 54. Supplemental
desist orders (CDOs) Administrative Issuance
Section 44. Authority of the IAC to Section 55. Continous Review of
issue CDO Prescription policy
Section 45. Role of DOJ Section 56. Extending prohibition for
Brandnames and company logo
Rule XII Administrative Sanctions Identification
Section46. Administrative Sanctions
Section 47. Fees, Charges and Fines Rule XV Final Provision
Section 48. Against Public Employees Section 57. Repealing cause
Section 49. Liability of Manufacturers/ Section 58. Seperability clause
distributors Section 59. Effectivity
g. Other related products such as, but not exclusive of, teats, feeding bottles,
and artificial feeding paraphernalia are prohibited in health facilities.
i. Milk companies, and their representatives, should not form part of any
policymaking body or entity m relation to the advancement of breastfeeding.
SECTION 5.
Definition of Terms
Breastmilk Substitute
means any food being marketed or otherwise represented as a partial or total
replacement for breastmilk, whether or not suitable for that purpose.
Complementary Food
means any food, whether manufactured or locally prepared, suitable as a
complement to breastmilk or to 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."
Infant Formula
means a breastmilk substitute formulated industrially in accordance with
applicable Codex Alimentarius standards to satisfy the normal nutritional
requirements of infants up to between four to six months of age, and adapted to
their physiological characteristics. Infant formula may also be prepared at home
in which case it is described as "home-prepared".
SECTION 5.
Definition of Terms
Exclusive Breastfeeding
means giving only breastmilk without water, liquid, teas, herbal preparations, or other
food and fluid intake for the 6 months of life.
Gifts of any sort
means any form of financial, personal or commercial reward,inducement incentives
and other favors provided directly or indirectly by manufacturers, distributors, and
their representatives of products within the scope of the code.
Latching on
means that with the assistance of health worker and immediately after its delivery, the
infant is place to the breast of their mother in order to initiate suckling
Medically Indicated
means special milk formula indicated for infants with inborn errors of metabolism (
galactosemia, phenylketonuria,)
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
SECTION 8.
Information and Education
a) The Department of Health in collaboration with the national
agencies, local government units, including non - governmental
organizations and members of civil society, shall :
Plan, provide, design, disseminate and regulate information related to
infant and young child nutrition and the implementation of the Milk
Code;
Formulate and implement a communication plan, which among others
will indicate key messages on infant and young child nutrition;
Create a Technical Working Group to serve as a clearing house for all
information and training materials on infant and young child nutrition and
the Milk Code; and
Assist Local Government Units (LGU's) and other partners in developing
strategies
SECTION 8.
Information and Education
b) Informational and educational materials intended to
reach pregnant women and mothers of infants,
including women of reproductive age, which materials
shall include clear information on all of the ensuing;
(1) the benefits and superiority of breastfeeding;
(2) maternal nutrition, and the preparation for and maintenance of
breastfeeding;
(3) the negative effect on breastfeeding of introducing partial bottle-
feeding;
(4) the difficulty of reversing the decision not to breastfeed; and
(5) where needed, the proper use of infant formula, whether
manufactured industrially or home-prepared.
SECTION 8.
Information and Education
c) The promotion, protection and support of
breastfeeding and the Proper implementation of the
Milk Code shall be an integral part of all information,
education, and communication plans and training
activities of the Department of Health (DoH), as well
as that of the Department of Education (DEPED),
Department of Social Welfare and Development
(DSWD), Local Government Units (LGU's), and
other such concerned agencies/individuals.
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 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 convey or 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 (lAC)
c. Pictures or texts that idealize the use of infant and milk formula.
CONTAINERS
AND 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 30: Standard - Food products within the scope of this Code shall,
when sold 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.