Guidelines on How to be Exempted from Setting Up Lactation Stations

The Department of Labor and Employment (DOLE) has issued guidelines on how companies can escape be exempted from setting up workplace lactation stations.   You can read Department Order 143-15, series of 2015 HERE.  You can also read the Guidelines below.   Thanks to Claire Mogol for tagging me.

BPOs and lactation periods

Hello World! It's been a while. I have a lot of things I want to write about but reality got in the way.  I've taken on a more challenging role at my day job and the blog suffered.  However, the desire to write about breastfeeding and help fellow breastfeeding mothers is still there and is calling out.  So here I am trying to blog again.  Anyway, if you have specific questions you want to be answered, shoot me an email - latch[dot]jenny[at]gmail[dot]com and I will do my best to answer.  Please note also that I may choose to publish the query and reply in my blog - anonymously unless the writer prefers to be identified.

What if your company/employer does not want to follow RA10028?

My employer does not want to provide lactation periods/lactation stations.  What is our recourse as breastfeeding and working mothers?

I have several posts on the rights of breastfeeding mothers who work, how to ask for a lactation policy, what an ideal lactation room looks like, etc. etc.  To read my various posts about breastfeeding, rights and work, click HERE.

My office is currently working on getting the Mother-Baby Friendly Certification - more on that in a separate post.  I'm lucky to have a supportive employer who supported our efforts resulting in the establishment of a lactation policy and lactation room.

Formula Milk Advertisements for 1-3 years old

For the past weeks, I have received several emails about campaigns by Nestle and Wyeth promoting their products.  Let me share my thoughts about them.

These campaigns refer to advertisements for follow-on milk for 12-36 month old children.




I called the Milk Code Secretariat and confirmed that it was approved by the Inter-Agency Committee created under the Milk Code.  Next question?  Was this legally approved?

More on the Legal Rights of Breastfeeding and Working Women

I've previously written a post about the legal rights of breastfeeding mothers and prepared a slideshow.  I continue to receive emails about how working and breastfeeding mothers are not allowed to express milk at work or that their performance evaluation ratings are affected by lactation breaks.  Protecting the rights of breastfeeding and working women merits another post.  This time, I have included more resources, including those for night workers and a link to the guidelines for setting up a lactation room/policy from the DOLE.

In the Food and Nutrition Research Institute’s Nutritional Status of Filipino Children and other Population Groups: 2011 Survey, one of the top reasons why mothers stop breastfeeding is because they work outside the home. Often, most moms are misinformed or don’t know that there is a law which will help them to continue to breastfeed their babies, even if they go back to work.

Under Republic Act No. 10028 or the Expanded Breastfeeding Promotion Act of 2009, working and breastfeeding moms are entitled to paid lactation periods. Lactation periods are break intervals (on top of the regular time off for meals) to allow the employees to breastfeed or express milk.

Superfood - The Philippine experience

Last week, Save the Children released their Breastfeeding Report entitled Superfood for Babies.  What made this report very interesting was that it included updates from the recent battles over the Monster Bill.  The report also emphasized on how overcoming breastfeeding barriers will save lives of children.

The report identifies 4 categories of breastfeeding barriers, namely: community cultural pressure, health worker shortage, lack of maternity legislation and the big business barrier.

Recently, I shared a photo of a mom who breastfed in the toilet because she was uncomfortable to breastfeed in public.  There was also no breastfeeding station or bench where she could comfortably nurse her baby.  Aside from community barriers, more common would be family pressure.  Filipino families are closely-knit and several new families live with their in laws.  Most of our parents were born during the time when formula marketing was most prevalent.  Hence, they grew up with the thought that formula milk is best.    Thus, I truly believe that breastfeeding seminars should properly be addressed to the people surrounding the breastfeeding mother.  Save the Children's blog summarizes it well:

The real scandal is not breastfeeding late, but that too many moms don't get the support needed to breastfeed early -- or to keep breastfeeding, should they want to.

DepEd bans milk giveaways in schools!

Finally, 5 years the issuance of the Revised Rules and Regulations Implementing the Milk Code and 3 years after the passage of the Expanded Breastfeeding Promotion, DepEd has put in action the requirements under this law.  On 23 October 2012 (my birthday - yay!), the Department of Education issued Department Order No. 80, series of 2012, entitled "Strengthening the Integration of Breastfeeding Education in the Curriculum, Setting Up and Sustaining the Operation of Lactation Stations in Schools and Compliance with Executive Order No. 51.

Speaking out against the Monster Bill

I was interviewed in TV and radio some weeks ago to discuss why the proposed bill amending the Milk Code is NOT good.
At the top of my list was the removal of paid lactation breaks.  However, the Chief of Staff of Cong. Noel claims that this was an oversight.

Media Release: BREASTFEEDING ADVOCATES: KILL BILL

Today, we are having a Breastfeeding Media Forum to bring attention to the consolidated bill amending the Milk Code.  Everyone wants to protect and promote breastfeeding.  But sadly, the mechanisms of formula milk companies are wide and far-reaching, especially since they have deep pockets to pay for marketing events, PR and advertising groups and agencies, provide giveaways, etc.  

Meanwhile, since nobody profits from breastfeeding except moms and babies, money is always tight for the advocacy.  So if breastfeeding has benefited you and your family, please take time to share this Media Release and make a change.  

The benefits of breastfeeding being enjoyed by our generation (e.g. more information, more classes, more advocacy groups, etc. etc.) and the increase in breastfeeding rates are the result of DECADES of hard work.  These will be instantly erased should this bill be passed into law.  

Please read, copy, paste and share.  Thank you!

BREASTFEEDING ADVOCATES:  KILL BILL

205 congressmen misled with real intent of proposed

“Breastfeeding Promotion and Infant Formula Regulation Act”

            Breastfeeding advocates denounce the proposed House Bill entitled “An Act Promoting A Comprehensive Program on Breastfeeding Practices and Regulating The Trade, Marketing and Promotions of Certain Foods for Infants And Young Children”, or short title “Breastfeeding Promotion and Infant Formula Regulation Act.”   

The proposed House Bill is a substitution of House Bills No. 3396, 3525, 3527, 3537, as approved by the Technical Working Group held on July 2, 2012.

            According to Innes Fernandez, lead convener of Save the Babies Coalition, the consolidated bill includes provisions authored by Reps. Magtanggol T. Gunigundo I, Josephine Vernonique R. Lacson-Noel, Lani Mercado-Revilla, Lucy Torres-Gomez and Rufus Rodriguez that undermine breastfeeding and indulge milk manufacturers.

“The true intention of the “Breastfeeding Promotion and Infant Formula Regulation Act” is to water down the Milk Code, or Executive Order 51,” Fernandez declared. 

In the proposed House Bill, milk companies will be allowed to advertise their products intended for children over six months; conduct promotion on breastfeeding; give information, education, and communication materials about breastfeeding; place health and nutritional claims for their products; and donate infant formula during times of disaster, calamities, and emergency cases.

All those provisions are prohibited under the Milk Code

In their position paper, Save the Babies stated that the “consolidated Bill does not serve the interest of the Filipino people, rather it propagates the commercial interest of the multinational milk companies.”

She also condemns the manner in which the signatures of 205 representatives were acquired.  “205 representatives were misled, misinformed, and even deceived to believe that this proposed bill will help improve the health and welfare of children and women,” Fernandez revealed.

            The Save Babies Coalition is comprised of four non-government organizations namely: Civil Society for Educational Reform, Ecowaste Management Coalition, Partnership of Philippine Support Service Agencies Inc., Health Justice and Mother Support Groups Nationwide.

            Likewise, various medical professional organizations released a position statement on the consolidated House Bill on breastfeeding.  Speaking on behalf of “millions of Filipino infants and young children, their mothers and fathers”, the group expressed dissent over the attempts to “substantively amend the existing breastfeeding-related laws” which have shown positive impact in improving breastfeeding rates in the country.

            The statement also reaffirmed their role as responsible health professionals who work “conscientiously towards decreasing child mortality.”

            Child rights organization, Save the Children also issued a statement, opposing the proposed House Bill amendments.  It declared that the modifications will only “advance business and profit interests of milk companies” and called on communities, LGUs, legislators, and even President Benigno Aquino III to uphold the rights of Filipino families by dismissing any changes to the landmark Milk Code.

The Milk Code, which was signed by then President Corazon C. Aquino in October 1986 is based on the International Code of Marketing of Breastmilk Substitutes and relevant Resolutions of the World Health Assembly, is given a “very good” rating by the Breastfeeding Scorecard of the SOWM 2012 and is positively noted by the Concluding Observation of the United Nations Conventions on the Rights of the Child (UNCRC) in 2009.

            The breastfeeding advocates are working with various sectors, groups, and noted individuals to help kill the bill.

            Senator Pia Cayetano, author of the Expanded Breastfeeding Act, has been vocal that the proposed provisions will not gain ground in the Senate as long as she is the chairman of the committee on women and health.

Legal Rights of Breastfeeding Mothers

For the last LATCH training, Sylvia asked me to prepare a presentation on the relevant Philippine laws on breastfeeding. I decided to create a presentation on the Legal Rights of Breastfeeding Mothers.  This was supposed to be presented during the last lecture day of the Batch 3 peer counselors training.  However, due to lack of time, it was postponed and instead was presented during the graduation.
I'm sharing this presentation on the blog in hopes that more moms become aware of their rights AND the violations being blatantly perpetuated through TV ads, store promotions and supermarket giveaways.

WikiLeaks Cable on the US Lobby Against Breastfeeding

photo from http://nonewshoesforme.blogspot.com/

Last weekend, several people tagged me in this news report about a Wikileaks cable that the US Embassy lobbied against breastfeeding in the Philippines.  This was actually not something new.  In fact, during the height of the Supreme Court case on the Revised Implementing Rules and Regulations (RIRR), there were news reports about the American Chamber of Commerce calling then President Arroyo's attention to the RIRR of the Milk Code.   The AmCham stated that the Philippines' reputation as a stable and viable destination for investment would be at risk should the RIRR be signed and implemented.

Signed IRR for RA10028 - a setback!

One year after Republic Act No. 10028 or the Expanded Breastfeeding Promotion Act of 2009 was signed in to law, the Implementing Rules and Regulations have been signed! But there was a major change made in the signed IRR. During the Breastfeeding TSEK launch, advocates from various groups talked about writing a letter to speed up the issuance of the IRR. Then we received information that the IRR was to be signed shortly, pending a single change to be made. Early this week, I received a copy of the IRR with advocates highlighting the major changes - which was deemed as a setback to the cause.

Break Time for Nursing Mothers

If you've been reading this blog since last year, you would know that along with several officemates, we were able to establish 2 lactation rooms at my office and that we are currently working on a policy. To document our efforts, I wrote a multi-part post starting with this. Yesterday, I received an email from Nanay Ines about a news report on the US federal law - "Break Time for Nursing Mothers", which was signed last 23 March 2010. This law "requires companies with at least 50 employees to provide reasonable time and a private space - not a bathroom - to pump milk until the baby is a year old." Interestingly, although the law is almost 1 year old, the US Labor Department has yet to draft guidelines and is still seeking comments from the public until today, 22 February 2011.

Understanding the Milk Code

I have been receiving several queries from various groups in connection with the sponsorship of bottle companies of their events and activities. I decided to put my JD and LLM to use and write this discussion about the Milk Code and its effects. However, what is wonderful about the law is that it is subject to various interpretations and each litigant actually has a chance, depending on the creativity of your lawyer :D. Hence, the following discussion is based on my own interpretation and is open to rebuttal or counterarguments.

Physicians vs. Breastfeeding

It has more than 1 year since I started volunteering as a breastfeeding peer counselor. A common complaint I have received from moms who were having breastfeeding problems is the lack of support from their pediatricians. Just recently, I received a complaint from a mother who gave birth at a hospital along Edsa sometime in June 2010. She shared that as soon as she gave birth, her husband was ordered to buy Enfalac A+ (the doctors specified the brand!), without any consultation or concern on their preferred feeding. The mom was also not instructed or advised on latching her baby. What's worse, it took 2 nights before her baby was roomed in. She had been constantly requesting that her baby be roomed in but was rebuffed by the nurses. One nurse even told her that she might regret her request to room in because she can't send her baby back to the nursery! Further, her ob-gyne and pediatricians did not offer any advice on direct breastfeeding and instead told her to use a breast pump. The pediatrician also issued an order directing them to feed the baby 1 oz. of Enfalac A+, every three hours!

I am really appalled by the ignorance and the audacity of her doctors to recommend formula AND specify a brand of milk! Mead Johnson must be paying their marketing people really well!

The experience of these parents are not uncommon in the Philippine setting. In fact, based on the numerous complaints and stories I've heard, this experience is a "norm" in our local birth setting. The parents are hell-bent on filing complaints against the physicians and hospitals. I've given her options of what steps she could take and sharing these steps here for other interested parents.

First, even before you go to the hospital, print a copy of this Department of Health Press Statement released on 21 May 2010, entitled "DOH Releases Guidelines on Physicians on Breastfeeding" Salient points of the guidelines would be:

Responsibilities of Physicians:

• Counsel pregnant women on the merits of breastfeeding starting at the first encounter, and reinforced with every subsequent visit;
• Prescribe non-human milk only when there are valid medical reasons and with information on the inherent hazards and risks of non-human milk;
• Strongly advocate for the adoption of essential newborn care, rooming-in and breastfeeding standards as mandated by law.

Prohibitions on Physicians:

• Accepting gifts or any sort of material or financial inducements from manufacturers of breastmilk substitutes and other products covered by the Milk Code;
• Accepting samples of non-human milk or similar products unless approved by the DOH, nor giving out samples or gifts of any sort coming from milk companies to pregnant women, mothers, and members of their families;
• Displaying, promoting or distributing non-human milk and other breastmilk substitutes in their offices or clinics.

Second, read up and be aware of the Essential Newborn Care Protocol which lists down 4 steps that need to be immediately undertaken to prevent newborn deaths which INCLUDES non-separation of newborn from the mother for early breastfeeding initiation. Check out this slideshow being used in the trainings and promotion for the ENC, prepared by Naima's pediatrician, Dr. Mianne Silvestre. Meanwhile, you can download Administrative Order No. 2009-0025, Adopting New Policies and Protocol on Essential Newborn Care HERE.

If you have been placed in a situation where your doctors refuse to listen and insist on giving formula and want to complain, then make sure you get a copy of their WRITTEN order, prescribing the artificial milk. Often, parents are berated by doctors when they insist on breastfeeding - and usually, parents don't argue (because as a culture, we, Filipinos are raised to believe that doctors are intelligent, always right, etc - and in fact, it is a common refrain/hope for parents to wish that their kids become doctors!!!). Once you have a copy of that written order, keep that for further action.

First step would be for the parents to write a complaint letter to the head of the hospital where you gave birth - include the particulars - name of the doctor, date, incident report AND a copy of the prescription. Don't forget to state your rights as provided in the ENC and DOH Protocol and Press Statement above.

Then, you can proceed to file a complaint against the doctors with the Philippine Medical Association. Call 929-6366 to check if the doctors are members of the PMA. If they are, write a notarized letter of complaint with supporting documents addressed to Dr. Nimfa Baria, Chairman, PMA Commission on Ethics and mail or personally deliver the letter to 2/F PMA Building, North Avenue, Quezon City. You can also file a complaint with the Professional Regulation Commission with the procedure outlined HERE. You can also file a complaint against the hospital with the Department of Health's Center for Health Development. You can download the flowchart of how to file a complaint HERE.  (*The links to CHD are broken.  You can access their Facebook page instead.) 

I would like to emphasize that filing a complaint means that you are serious and willing to follow through. It is not simply submitting the letter but you must be willing to testify during hearings if deemed necessary by the decision makers. I know that this will entail a lot of time and effort from the parents but steps like this will definitely make a huge impact in reforming the physician culture in the Philippines and hopefully, make it more breastfeeding friendly.

Do we need HB3527?

About 2 weeks ago, I read an article in the Manila Bulletin about 2 solons filing a bill to encourage breastfeeding in the workplace. I didn't pay much attention to it because what was quoted in the news was already covered by Sen. Pia Cayetano's Expanded Breastfeeding Act of 2009. Last week, a researcher from Unang Hirit contacted me and asked me about this new bill. I asked her to send me a copy so I could compare the two bills.

The new bill filed by Malabon City Rep. Josephine Veronique R. Lacson-Noel and Cagayan de Oro Rep. Rufus Rodriguez is HB3527 or The Breastfeeding Act of 2010. HB3527's history shows that it was filed on 14 October 2010 and is currently with the Committee on Health as of 15 October 2010. According to the news, the main provision is "the mandatory creation of lactation facilities in all offices, both public and private, where nursing mothers can feed their children even during working hours".

However, let me quote Section 11 of Sen. Pia's bill:

"Sec. 11. Establishment of Lactation Stations. - It is hereby mandated that all health and non-health facilities, establishments or institutions shall establish lactation stations. The lactation stations shall be adequately provided with the necessary equipment and facilities, such as: lavatory for hand-washing, unless there is an easily-accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing expressed breastmilk; electrical outlets for breast pumps; a small table; comfortable seats; and other items, the standards of which shall be defined by the Department of Health. The lactation station shall not be located in the toilet.

In addition, all health and non-health facilities, establishments or institutions shall take strict measures to prevent any direct or indirect form of promotion, marketing, and/or sales of infant formula and/or breastmilk substitutes within the lactation stations, or in any event or circumstances which may be conducive to the same.

Apart from the said minimum requirements, all health and non-health facilities, establishments or institutions may provide other suitable facilities or services within the lactation station, all of which, upon due substantiation, shall be considered eligible for purposes of Section 14 of this Act."

Doesn't that provision already cover the creation of lactation facilities in all offices? I checked HB3527 again to check other differences. I noticed that HB3527 is a mish-mash of both the Expanded Breastfeeding Act of 2009, The Rooming-in and Breastfeeding Act of 1992 (R.A. 7600) and even the Milk Code!

The novel provision I found in the proposed House Bill is that nursing in public is not indecent exposure:

Section 7. Not indecent exposure – No provision of law or ordinance on indecent exposure shall apply to breastfeeding an infant. A mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be, even if not done discreetly, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.

I know that advocates in other countries would be quite happy with this provision as several of them have encountered complaints/oppositions when they nurse in public. However, as I explained in the previous post, I generally have had good experiences when I nurse in public.

There is an interesting provision about the provision on weaning - Section 16, which states:

"Mothers shall be responsive to the needs of the child and shall allow their child to wean naturally. Weaning, as a personal decision to be made by each mother based on her particular family situation and individual circumstances, is recognized. Young children who nurse past their infancy have their own developmental timetables."

I'm happy that the proposed bill recognizes that weaning need not happen when mother goes back to work and that babies/children CAN nurse past infancy.

Now, let me get to the provisions of HB3527 which I don't like. First would be Section 8(d) on breastfeeding in the workplace. Under the proposed bill, "[e]mployers shall provide mothers with reasonable unpaid break time to express milk or breastfeed" Now, why would you take out a benefit which has been granted to moms in the current law? Under R.A. No. 10028, nursing employees are granted PAID milk expression time"

"Sec. 12. Lactation Periods. - Nursing employees shall granted break intervals in addition to the regular time-off for meals to breastfeed or express milk. These intervals, which shall include the time it takes an employee to get to and from the workplace lactation station, shall be counted as compensable hours worked. The Department of Labor and Employment (DOLE) may adjust the same:Provided, That such intervals shall not be less than a total of forty (40) minutes for every eight (8)-hour working period."

Whenever I talk about breastfeeding and the workplace in L.A.T.C.H. seminars, this is the provision that I emphasize one and what I believe is most applicable and helpful to working and breastfeeding moms. So I don't understand why the proponents of HB3527 seek to remove this benefit.

Another provision that I'm not too happy about is Sec. 28 on advertising - which specifically states that advertising for products intended for infants 0-6 months shall not be allowed BUT advertising for infants 6-12 months shall be allowed upon review and approval of the IAC. This is a dangerous provision - particularly now that milk companies are very careful. In fact, you do not see a lot of advertisements for formula milk for 6-12 month old babies. With this statement that formula ads for 6-12 month old babies are allowed (albeit with prior permission of the IAC). And for sure, the IAC will be inundated by applications for ads!

Finally, I'm a bit if-fy about this provision:

"Section 6. Mother's prerogative - Breastfeeding is the most elemental form of parental care. The decision to breastfeed is the sole prerogative of the mother. The decision to do otherwise must be based on an informed choice. In health care facilities, bottle feeding shall be allowed only after the mother has been informed by the attending health personnel of the advantages of breastfeeding and how to encourage and maintain lactation. The proper techniques of infant formula feeding shall be provided only after the mother has opted to adopt formula feeding for her infant."

I believe moms should be informed that it is their RIGHT to breastfeed and to obtain information how to be successful. It is difficult to protect breastfeeding when there is such as provision saying "the decision not to breastfeed must be based on an informed choice." Determining that a mom choosing to formula feed has made an "informed" choice is difficult. How many local hospital pay lip service to breastfeeding and just tell moms - hey breastfeed without telling them how or why? Recently, I know someone who gave birth to triplets and asked to see a lactation consultant at the hospital only to be told that the hospital had none. Her pediatrician was skeptical when she said that she would be breastfeeding the triplets. If this mother chooses to formula feed, can you then say that she has been given an informed choice?

I don't think that this new bill is necessary for the success of breastfeeding in the country. The Expanded Breastfeeding Act of 2009 has good provisions which just needs to be applied. In fact, almost 9 months after it has been signed, we are still waiting for the implementing rules and regulations to be released. Maybe focus on that and proper implementation is a more worthwhile experience for our politicians.

Breastfeeding Rooms in the US

Hot on the heels of our own Breastfeeding Promotion Act of 2009 is the US' health care bill recently signed into law by President Barrack Obama which includes provisions on providing non-toilet rooms for pumping moms.

According to CNN, in page 1239 of the health care bill that President Obama recently signed into law, employers are required to provide "a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk." [The local counterpart would be lactation stations mandated by Republic Act No. 10028, which are "private, clean, sanitary, and well-ventilated rooms or areas in the workplace or public places where nursing mothers can wash up, breastfeed or express their milk comfortably and store this afterward" and shall not be located in a toilet.] Noticeable is the fact that the authors of the law have realized how unsanitary it is to express milk in the toilet, yet so many working moms end up doing so because of the lack of available facilities.

However, depiste the grant of the breastfeeding station, the rights given to nursing moms by the law is still limited. Among the limitations enumerated in this New York Times blog are exemptions for companies with less than 50 employees [if company can show undue hardship], no guaranteed pay for time spent expressing milk and no requirement for access to a place where expressed milk can be stored. Also, there is an upper limit that the reasonable break time is only for employees nursing her child for 1 year after birth. I think the upper limit is based on the American Academy of Pediatricians' recommendation to breastfeed babies up to 1 year. But some moms, like me, continue to do so even after their babies turn one. In my case, I continued to express milk for Naima at work until she turned 2 years old. So does this mean that women who continue to breastfeed their babies beyond 1 year are no longer given reasonable break time to express milk for their toddlers?

I'm glad to note that our own law defines a nursing employee as "any female worker, regardless of employment status, who is breastfeeding her infant and/or young child (who is defined to be a child up to 36 months old). Also, the exemption for employees do not specify any number of female employees. Rather it is whether the establishment of the lactation stations "is not feasible or necessary due to the peculiar circumstances of the workplace or public place taking into consideration, among others, number of women employees, physical size of the establishment, and the average number of women who visit." I'm not sure if this is a better provision as it would depend on how the implementing rules and regulations will be construed.

In any case, having the requirement of breastfeeding stations clearly written in law is a major step. Hopefully, a detailed lactation program will be set-up in my workplace by the time I have my second baby.

Expanded Breastfeeding Law - Part 2

The most lauded and welcome provisions of the law would be establishment of lactation rooms in all health and non-health facilities, establishments or institutions and lactation periods for working nursing moms.

What I like about the provision on lactation room (the new Sec. 14) is that it clearly states that the lactation room should NOT be in a toilet. There are also minimum standards set such as availability of a sink, cooling facilities for storing milk, electrical outlets for pumps, tables and chairs. I wonder how our current lactation station will fare? It was formerly an executive toilet converted into a lactation station - with toilet bowls removed from the stalls and replaced with tables and chairs.

Expanded Breastfeeding Law - Part 1

March is Women's Month and what better way to celebrate it than with the passage of the long-awaited Expanded Breastfeeding Promotion Act of 2009. Signed into law last March 16, 2010 (Araw ng Davao - my hometown!), Republic Act No. 10028 amends and adds to the earlier law, Republic Act No. 7600 known as "The Rooming-In and Breastfeeding Act of 1992".

The principal author of the law is Sen. Pia Cayetano (who is running for re-election this May 2010 and will definitely get my vote) with whom my very good friend, Deegee, works with. Deegee was telling me how supportive Sen. Pia was of her pumping at work and whenever they have out of town events or activities. You can read Sen. Pia's sponsorship speech here. I remember that as early as 2007, there was already a proposal to amend R.A. 7600 but it was only in 2010 when the new law was finally signed.

Reporting Milk Code Violations

UPDATE 1 September 2012.

The Department of Health has launched an online portal where you can report Milk Code violations! Visit this page: www.milkcodephilippines.org
============

I've had this in my file for sometime now but realized that I had not posted about how to report Milk Code violations. The University of the Philippines' Volunteers for Children has spearheaded the reporting of violations to the BFAD. As previously discussed in BFAD's milk code forum, a compilation of reports on 1 company is more effective than single reports handed in by sporadically. UP Volunteers for Children are compiling reports and consolidating them for submission to BFAD. Here are details on how to report violations, which I am reproducing from this site. Reports of violations should be emailed here.

What: Monitoring of violations of the milk code
Who can monitor: Virtually everyone may report violations of the milk code.
Who are covered by the code: manufacturers, distributors of products described below, and their representatives; health workers and health system; and any other company or brand name when they promote and/or market their product in such a way that they undermine breastfeeding; mothers and the general publicProducts covered by the code: breastmilk substitutes; bottlefed complementary food; teats; feeding bottles; other milks, foods and beverages when marked or represented as partial or total replacement for breastmilk (breastfeeding)...in simple terms, when these are promoted in a way to undermine breastfeeding.

Notes to take:
- All health and nutrition claims for the products described above are not allowed- Milk Companies should not give out any financial or material inducements or gifts of any sort (e.g. scholarships, raffle draws, etc.)
- Milk Companies should not give out samples of products described above (whether to lactating mothers or any other person for that matter)
- Milk Companies should not support and/or hold activities or events related to breastfeeding or other events where there are mothers and children are participants (this includes sponsoring the event of any organization, whether the event deals with breastfeeding or not)
-Other promotions like buy-one-take-one, discounts, bonus, tie-ins, etc. are also not allowed
- The use pictures of babies or children with other people in their container or label is also not allowed
- The display of promotional or marketing paraphernalia in health related places
-The donation of products described above are also prohibited

====================================================

MONITORING REPORT FORM ON E.O.51 (MILK CODE)

Date/Time:
Place/Location:

1. Type of Violation:
2. Type of Material: (booklet, leaflet, ad, video cassette, mail audio, cd, display, webpage, text messages, visual, poster, billboard, e-media, telephone calls, Audio-visual, theater, other ____)
3. Where was the material found? (General hospital, maternity, pediatric unit, clinic, doctor's office, health center, pharmacy, supermarket, shop, by the roadside, magazine, radio, local tv, cable tv, junk mail, cinema, newspaper, video, scientific journal, internet, others ____)
4. Name of place/media/site where it was found/observed:
Date of publication (if possible):

5. If the market is an advertisement or program aired over TV or radio, give full description. If possible, provide audio or videotape.

Remarks/Findings/Proposed Action/Action Taken:

Monitored by:
Name
Organization

E-mail your reports here.

===========================
Update: 19 June 2012
The Department of Health has set guidelines on the reporting of Milk Code Activities.  Access Department Circular No. 2009-0228 dated 17 August 2009 HERE. It will tell you where to report the violations and includes a printable form which you need to fill up and attach to your report.