Title
Expanded Breastfeeding Promotion Act
Law
Republic Act No. 10028
Decision Date
Mar 16, 2010
The Expanded Breastfeeding Promotion Act of 2009 is a Philippine law that promotes and supports breastfeeding by requiring lactation stations in all facilities, granting break intervals for nursing employees, integrating breastfeeding education in curricula, and implementing a comprehensive public education program.

Law Summary

Definitions of Key Terms

  • Terms defined include:
    • Age of gestation, bottlefeeding, breastfeeding, breastmilk, breastmilk substitute, donor milk, expressed breastmilk, expressing milk, formula feeding.
    • Health institutions, health personnel, health workers.
    • Infant (0-12 months), infant formula.
    • Lactation management, lactation stations.
    • Nursing employee, mother’s milk, non-health facilities, public place, rooming-in.
    • Seriously ill mothers, wet-nursing, workplace, young child (12 months-36 months).

Scope and Applicability

  • Applies to all private enterprises, government agencies, and government-owned corporations.
  • Exemptions for lactation stations may be granted based on feasibility and specific workplace circumstances.
  • Exempted establishments that opt to comply are entitled to benefits and must allow employee access to facilities.

Facilities for Breastmilk Collection in Health Institutions

  • Health institutions practicing rooming-in and breastfeeding must provide facilities and equipment for breastmilk collection, storage, and utilization.
  • The Department of Health will set standards for these facilities.
  • Encouragement for milk banks to store pasteurized donor milk for infants whose mothers are seriously ill.

Establishment of Lactation Stations

  • All health and non-health facilities must establish lactation stations with specified equipment and facilities.
  • Lactation stations must not be located in toilets and should include lavatories, refrigeration, electrical outlets, tables, and comfortable seating.
  • Strict measures prohibiting promotion or marketing of infant formula and breastmilk substitutes in lactation stations.
  • Facilities may provide additional services or items within lactation stations.

Lactation Periods and Work Breaks

  • Nursing employees are entitled to additional break intervals beyond regular meal breaks to breastfeed or express milk.
  • These breaks are compensable and must be at least 40 minutes for every eight-hour workday.
  • The Department of Labor and Employment may adjust the break times.

Education and Training of Health Workers

  • The Department of Health, with assistance from other entities, shall conduct continuing education and training for health workers on updated lactation management.
  • Educational materials shall be provided to all health workers involved in maternal and infant care.

Information Dissemination and Support for Women

  • Health institutions must provide continuous teaching, training, and support to pregnant and lactating women during prenatal, perinatal, and postnatal periods.
  • Participation-based strategies like mothers' clubs and breastfeeding support groups are recommended.
  • Health institutions must distribute free written information materials.
  • The Department of Health will develop breastfeeding programs for working mothers.
  • Employers are encouraged to create workplace breastfeeding support programs and provide relevant educational materials.

Integration of Breastfeeding Education in School Curricula

  • The Department of Education, Commission on Higher Education, and Technical Education and Skills Development Authority shall integrate breastfeeding education in relevant elementary, high school, college, and vocational subjects.
  • Emphasis is placed on importance, benefits, techniques, and societal attitudes toward breastfeeding.

Breastfeeding Awareness Month

  • August shall be designated annually as Breastfeeding Awareness Month nationwide to promote and raise awareness of breastfeeding importance.

Public Education and Awareness Program

  • A comprehensive national program aims to:
    • Protect, promote, and support breastfeeding.
    • Guarantee breastfeeding's social and national health policy role.
    • Inform about breastfeeding benefits and risks of bottlefeeding.
    • Enforce laws regulating marketing of breastmilk substitutes and feeding products.
    • Ensure access to culturally appropriate lactation care and workplace support.
  • The Department of Health leads interagency and multisectoral efforts to implement this program.

Certification of "Working Mother-Baby Friendly" Establishments

  • Facilities satisfying lactation station requirements may apply for certification from the Department of Health.
  • Certification guidelines include annual inspections to confirm compliance.
  • A list of certified establishments will be publicly available.

Incentives for Compliance

  • Private establishments can deduct expenses on compliance from income tax up to twice the amount incurred.
  • Compliance is required within six months of the Act’s approval.
  • Certification by the Department of Health is needed to avail of tax incentives.
  • Government facilities receive additional budget appropriations equivalent to savings from compliance.

Designation of Implementing Agency

  • The Department of Health is principally responsible for enforcing the Act's provisions.

Sanctions for Non-Compliance

  • Private establishments failing to comply with lactation station requirements face escalating fines:
    • First offense: Php50,000 to Php200,000.
    • Second offense: Php200,000 to Php500,000.
    • Third offense: Php500,000 to Php1,000,000 plus cancellation of business permits.
  • Fines consider number of female employees, establishment size, and female visitors.
  • The Secretary of Health may sanction health institutions by reprimand, censure, or suspension of permits for violations.
  • Government officials violating the Act may face reprimand, suspension, or dismissal according to administrative rules.

Funding Provisions

  • Government agencies shall use existing gender and development or maintenance budgets to comply with lactation station requirements.

Rules and Regulations Development

  • The Department of Health will issue implementing rules within 120 days, coordinating with relevant government agencies and organizations.

Separability and Repealing Clauses

  • Invalid provisions of the Act shall not affect the remaining provisions.
  • Existing laws and regulations inconsistent with the Act are amended or repealed accordingly.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation, whichever is earlier.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.