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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 (lAC), 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.

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.

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