Revised Implementing Rules and Regulation of Executive Order No.51

Definition of Terms

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SECTION 5. Definition of Terms.

For purposes of these Revised Rules and Regulations, the term:

(a) “Advertising” refers to any representation by any means whatsoever for the purpose of promoting the sale or distribution of breastmilk substitutes/supplements and other related products under the scope of this Code;

(b) “BFAD” refers to the Bureau of Food and Drugs of the Department of Health;

(c) “Breastmilk substitute” means any food being marketed or otherwise represented as partial or total replacement of breastmilk whether or not suitable for that purpose;

(d) “Committee” shall refer to the Inter-Agency Committee created under E.O. No. 51, s. 1986 composed of the Secretary of Health, as Chairman, and the Secretary of Trade and Industry, the Secretary of Justice, and the Secretary of Social Welfare and Development, as members;

(e) “Complementary” means any food, except milk substitutes, whether manufactured or locally prepared, suitable as a complement to breastmilk to satisfy the nutritional requirements of the infant;

(f) “Container” means any form of packaging of products for sale as a normal retail unit, including wrappers;

(g) “Distributor” means a person, corporation or any other entity in the public or private sector engaged in the business (whether directly or indirectly) of marketing at the wholesale or retail level a product within the scope of this Code;

(h) “DoH” refers to the Department of Health;

(i) “Exclusive breastfeeding” means giving only breastmilk without water, liquids, teas, herbal preparations, or other food and fluid intake for the first six months of life;

(j) “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;

(k) “Health care system” 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;

(I) “Health Facilities” means health care systems including but not limited to health centers, clinics, birthing and parenting classes venues, hospitals, maternal centers/clinics, birthing homes, barangay health stations, health and nutrition posts and lying in clinics;

(m) “Health Worker” means a person working in a component of such health care system, whether professional or non-professional, including volunteer workers. It also includes health workers in private practice. Traditional and other birth attendants, their assistants and other community volunteers involved in health and nutrition promotion and education shall likewise be covered;

(n) “Infant” shall refer to a person within the age bracket of 0-12 months;

(o) “Infant Formula” means one of the breastmilk substitutes formulated industrially in accordance with applicable Codex Alimentarius standards;

(p) “Label” means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, embossed or impressed on, or attached to, a container of any product within the scope of this Code;

(q) “Latching on” means that with the assistance of the health worker and immediately after its delivery, the infant is placed to the breast of the mother in order to initiate suckling;

(r) “Manufacturer” means a corporation or other entity in the public or private sector engaged in the business or function (whether directly or through an agent or an entity controlled by or under contract with it) of manufacturing a product within the scope of this Code;

(s) “Marketing firm” refers to an entity that does marketing or provides marketing services;

(t) “Marketing Materials” and/or “services” means the promotion, distribution, selling, advertising, public relations, information services, internet promotion and communication and information dissemination, in whatever form, including but not necessarily limited to, mail, email, text messages, telephone calls, website advertising, television, motion pictures, stage plays and radio programs, whether live or taped;

(u) “Marketing personnel” means any person whose functions involve the marketing of a product or products within the scope of this Code;

(v) “Medically Indicated” means special milk formula indicated for infants with inborn errors of metabolism, i.e. galactosemia, phenylketonuria* and maple syrup urine disease;

(w) “Milk company” shall refer to the owner, manufacturer, distributor, of infant formula, follow-up milk, milk formula, milk supplement, breastmilk substitute or replacement, or by any other description of such nature, including their representatives who promote or otherwise advance their commercial interests in marketing those products;

(x) “Natural and indigenous food” means locally grown or produced foods which are neither artificial nor processed;

(y) “Other milk products, foods and beverages” refers to any provision or drink marketed as a partial or total replacement of breastmilk;

(z) “Other related products” refers to all materials used to administer breastmilk substitutes; such as, but not limited to, feeding bottles, teats and other artificial feeding paraphernalia;

(aa) “Products within the scope of this Code” shall pertain to breastmilk substitutes and infant formula, including bottle-fed complementary foods, as well as teats and other commodities which intend to replace or substitute, in whole or in part, breastmilk and breastfeeding;

(bb) “Promotions” means employing any method, scheme, or design, of directly or indirectly, encouraging or enticing people, or group of persons, in whatever form, whether by chance or skill, to purchase or acquire products within the scope of the Code;

(cc) “Sample” refers to single or small quantities of a product provided for free;

(dd) “Sponsorships” shall refer to milk companies, and their agents/representatives, hosting, initiating, or otherwise providing games, sport or cultural events, charities, dances/balls, conventions, meetings, youth and women seminars or classes, and other like activities, for the purpose of promoting, directly or indirectly, their products covered within the scope of this Code;

(ee) “Supplies” refers to quantities of a product provided for use over an extended period, free or at a low price, for social purposes, including those provided to families in need.

(ff) “Young Child” means a person from the age of more than twelve (12) months up to the age of three (3) years (36 months).