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
WHEREAS, Section 15 Article II 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 II 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 ahs 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 breast feeding;
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 VII, 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.
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;
NOW THEREFORE, Pursuant to the authority under Section 12(b)(l) 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: