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 aforesaid 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.
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 (COO) shall be issued by the BFAD Director or the DoH Regional Director, as the case may be.
Non-compliance with the COO shall be ground for the imposition of administrative sanctions as stated in Section 47 (f) hereof. The issuance of the COO shall be without prejudice to the imposition of the appropriate administrative sanction, if so warranted, after due notice and hearing.
SECTION 44. Authority of the lAC To Issue CDO. The lAC Secretariat shall have the authority to determine if any advertising, marketing, or promotional material violates these Rules and Regulations. In such case, the lAC Secretariat shall issue a COO, signed by the lAC Chairperson stopping the further release, printing, broadcast, or dissemination of the violative advertising, marketing, or promotional material. In instances where the COO is not complied with, the rules stated in the second paragraph of the preceding section shall apply.
SECTION 45. Role of the Department of Justice. – The Department of Justice (DoJ) shall cause the criminal prosecution of the violators of this Code.