Amending R.A. No. 11037 (Masustansyang Pagkain Para Sa Batang Pilipino Act)

Senat: Office of Me Be. try 25 AUG 14 P2:49 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED &Y: SENATE S. No. 1192 Introduced by Senator Manuel "Lito" M. Lapid STRENGTHENING THE NATIONAL NUTRITION PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11037, OTHERWISE KNOWN AS THE "MASUSTANSYANG PAGKAIN PARA SA BATANG PILIPINO ACT", APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Constitution, under Article II, Section 15, provides that "the State shall protect and promote the right to health of the people and instill health consciousness among them." Furthermore, Article XV, Section 3(2), affirms the duty of the State to defend the right of the children to "assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development." Republic Act No. 11037 or the "Masustansyang Pagkain para sa Batang Pilipino Act" was enacted in 2018 to institutionalize a national feeding program for undernourished children in public day care centers, kindergarten, and elementary schools. However, recent data and field experience highlight the need for a broader, more inclusive, and more responsive national nutrition program that addresses the evolving health and nutritional needs of Filipino children, particularly during early childhood and adolescence. This bill renames the National Feeding Program to National Nutrition Program and extends the same to cover children as young as two (2) years old.

This bill likewise expands the program to universal feeding for all learners from Kindergarten to Grade 3, while maintaining targeted feeding for undernourished students from Grades 4 to 6. Moreover, the eligibility is expanded to include secondary beneficiaries such as adolescent pregnant learners, children with disabilities, indigenous learners, and other marginalized or nutritionally-at-risk groups, subject to the availability of funds. This bill seeks to enhance inter-agency collaboration among the Department of Social Welfare and Development (DSWD), Department of Education (DepEd), Department of Health (DOH), Department of Agriculture (DA), and the Early Childhood Care and Development (ECCD) Council. Also, in line with the goals of the Sagip Saka Act (RA No. 11321), the bill mandates direct procurement of locally produced dairy, agricultural, and fishery products to boost rural livelihoods and ensure food freshness and availability. The Micronutrient Supplementation Program is further refined to be needs-based and age-appropriate to target specifically vulnerable groups with particular supplements that address their particular needs. By enacting this measure, our country reinforces its commitment to break the intergenerational cycle of malnutrition and poverty, while promoting the health, cognitive development, and school performance of Filipino children and adolescents. Nutrition is not simply a matter of nourishment but that of national development, social justice, and equity. An investment in the proper health of our children is an investment in our country's future. In view of this, early passage of this bill is sought.

Senate Office of the sectary AUG 14 P2:49 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) RECEIVED DI SENATE S. No.1192 Introduced by Senator Manuel "Lito" M. Lapid AN ACT STRENGTHENING THE NATIONAL NUTRITION PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 11037, OTHERWISE KNOWN AS THE "MASUSTANSYANG PAGKAIN PARA SA BATANG PILIPINO ACT", APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate/House of Representatives of the Philippines in Congress assembled:

Section 1. Section 3 of Republic Act No. 11037 is hereby amended to read as

follows: "Sec. 3. Definition of Terms. - As used in this Act, the following terms shall be understood to mean as follows, to wit: (A) ADOLESCENT REFERS TO YOUNG PEOPLE FROM THE AGE OF TEN (10) TO NINETEEN (19) YEARS, WHO ARE IN TRANSITION FROM CHILDHOOD TO ADULTHOOD." (B) Cycle Menu refers to standardized menus prepared by the national government agencies (NGAs), in coordination with the National Nutrition Council (NNC), [and the] Food and Nutrition Research Institute (FNRI), AND LOCAL GOVERNMENT UNITS (LGUS) FOR DAY CARE CENTERS, which shall be contextualized and drawn up, among others, according to age range, location and/or type of school, and local cultural and/or religions eating preferences: Provided, That such menus shall have as

*. many varieties and selections as may necessary taking into account its availability in the place or locality where the day care center or school is located; (C) EARLY CHILDHOOD REFERS TO THE PERIOD FROM BIRTH TO THE AGE OF EIGHT (8), REPRESENTING A CONNECTED AND PROGRESSIVE SEQUENCE OF DEVELOPMENT; (D) Fortified Meal refers to a HOT meal with deliberately increased content of essential micronutrients so as to improve the nutritional quality of the food and provide the level of calories and protein as prescribed by the NNC which shall consist of at least one-third (1/3) of the daily requirement based on the Philippine Dietary Reference Intake (PDRI) OR NUTRITIOUS FOOD PRODUCTS (NFP) DEVELOPED BY FNRI; (E) Health Examination. xxx (F) MILK-BASED SUBSTITUTE REFERS TO A PRODUCT THAT HAS UNDERGONE PROCESSING TO EXTEND SHELF LIFE, WHILE RETAINING THE ESSENTIAL NUTRITIONAL PROPERTIES OF MILK. THESE INCLUDE, AMONG OTHERS, STERILIZED MILK AND POWDERED MILK. (G) National Government Agencies. XXx (H) Undernourished Child refers to a child who has been supplied with less than the minimum amount of [foods] FOOD essential for sound health and growth. For purposes of this Act, it shall include children who are suffering from chronic hunger and malnutrition as well as those who are considered as wasted, severely wasted, or stunted under the World Health Organization Child Growth;

Sec. 2. Section 4 of Republic Act No. 11037 is hereby amended to read as

follows: "Sec. 4. National [Feeding] NUTRITION Program. - The National [Feeding] NUTRITION Program, hereinafter referred to as the Program, is hereby established to address undernutrition among Filipino children. The program shall have the following components and coverage: (a) Supplemental Feeding Program for [Day Care Children] EARLY CHILDHOOD CARE. - The DSWD, in coordination with the LGUs concerned, shall implement a supplemental feeding program for undernourished children with ages [three (3)] TWO (2) to five (5) years. The Program shall be administered in day care centers or in any other facility which can be used for such purpose: Provided, That the Program shall include the provision of at least one (1) fortified meal for a period of one hundred Etwenty (120)] SIXTY (160) days in a year: Provided, further, That in the preparation of fortified meals, the DSWD shall work in collaboration with recognized parents' organization. THE DSWD, IN COLLABORATION WITH THE NATIONAL NUTRITION COUNCIL (NNC) AND THE EARLY CHILDHOOD CARE AND DEVELOPMENT (ECCD) COUNCIL, SHALL STRENGTHEN THE CHILD DEVELOPMENT AND THE HEALTH AND NUTRITION COMPONENTS OF THE PARENT EFFECTIVENESS SERVICE PROGRAM, ESPECIALLY FOR THE FAMILIES OF THE TARGET BENEFICIARIES. THE DSWD SHALL COLLABORATE CLOSELY WITH THE DEPARTMENT OF HEALTH (DOH) AND THE LGUS IN PROVIDING HEALTH AND NUTRITION SERVICES TO UNDERNOURISHED CHILDREN

BELOW TWO (2) YEARS OF AGE. THE ECCD COUNCIL SHALL PROVIDE TECHNICAL ASSISTANCE IN ENSURING DEVELOPMENTALLY APPROPRIATE INTERVENTIONS ARE INTEGRATED WITH NUTRITION SERVICES. (b) School-Based Feeding Program. - The DepEd shall ESTABLISH AND implement a [s]School-[b]Based [f]Feeding [p]Program WHICH SHALL COVER: [for undernourished public scheol children from kindergarten to grade six (6):] (1) UNIVERSAL FEEDING FOR ALL LEARNERS FROM KINDERGARTEN TO GRADE 3, REGARDLESS OF NUTRITIONAL STATUS; AND (2) TARGETED FEEDING FOR ALL UNDERNOURISHED LEARNERS FROM GRADES 4 TO 6: Provided, That the Program shall include the provision of least one (1) fortified meal to [all undernourished] THE COVERED public elementary school children for a period of not less than one hundred [twenty (120)] SIXTY (160) days in a yearL: PROVIDED, FURTHER, THAT SUBJECT TO AVAILABILITY / OF FUNDS, SECONDARY BENEFICIARIES WHICH INCLUDE CURRENTLY ENROLLED NUTRITIONALLY-AT-RISK ADOLESCENT PREGNANT MOTHERS IN PUBLIC HIGH SCHOOLS, CHILDREN WITH DISABILITIES, OTHER MARGINALIZED OR VULNERABLE GROUPS INCLUDING INDIGENOUS LEARNERS AS DEFINED UNDER REPUBLIC ACT NO. 11510, LEARNERS PARTICIPATING IN REMEDIAL, INTERVENTION AND SUPPLEMENTARY LEARNING PROGRAMS, AND UNDERNOURISHED STUDENTS IN SECONDARY EDUCATION ENROLLED IN PUBLIC

SCHOOLS, AMONG OTHERS, MAY BE COVERED UNDER THE SCHOOL-BASED FEEDING PROGRAM. (c) [Milk Feeding Program] SUPPLEMENTARY MILK PROGRAM. - [The NGAs shall coordinate with][t]The Department of Agriculture (DA), the National Dairy Authority, the Philippine Carabao Center and the Development IN Cooperative Authority, COORDINATION WITH THE DEPED AND DSWD, SHALL IMPLEMENT A SUPPLEMENTARY MILK PROGRAM WHICH WILL INCORPORATE, [for the incorporation of] fresh milk, [and] fresh milk-based food products, OR MILK-BASED SUBSTITUTES in the [fortified meals and] cycle menu in accordance with Republic Act No. 8172, otherwise known as the "Philippine Food Fortification Act of 2000,". [utilizing as far as practicable, locally produced milk in order to enhance its nutritional content and, at the same time, help beest fivelihood opportunities for local dairy farmers and the locat dairy industry;] IN ORDER TO ENSURE THE EFFECTIVE IMPLEMENTATION OF THE SUPPLEMENTARY MILK PROGRAM, THE DA SHALL BE RESPONSIBLE FOR THE PROCUREMENT, PAYMENT, AND DELIVERY OF THE MILK SUPPLY; PROVIDED, HOWEVER, THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO SUPERSEDE OR REPEAL R.A. NO. 7600, OR THE ROOMING IN AND BREASTFEEDING ACT OF 1992, R.A. NO. 10028, OR THE EXPANDED BREASTFEEDING PROMOTION ACT OF 2009, E.O. NO. 51, OR THE NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND OTHER RELATED PRODUCTS ANY OTHER LAWS REGULATING THE

USE AND PROMOTION OF ARTIFICIAL MILK AND BREASTMILK SUBSITUTE; (d) Micronutrient [Supplements] SUPPLEMENTATION PROGRAM. - [the NGAs, in coordination with] IN COORDINATION WITH THE DSWD AND DEPED, the DOH[;] shall provide AGE-APPROPRIATE AND NEEDS- BASED micronutrient supplements to the Program beneficiaries, AND IMPLEMENT [including] the use of iodized salt in accordance with Republic Act No. 8172, otherwise known as the "Salt Iodization or ASIN" law; PROVIDED, THAT SUBJECT TO AVAILABILITY OF FUNDS, THE DEPED SHALL ADMINISTER WEEKLY IRON AND FOLIC ACID SUPPLEMENTATION TO FEMALE ADOLESCENTS, INCLUDING ELIGIBLE FEMALE LEARNERS IN THE ALTERNATIVE LEARNING SYSTEM, PRIORITIZING AREAS WITH HIGH PREVALENCE OF ANEMIA AMONG INFANTS AND YOUNG CHILDREN: PROVIDED, FURTHER, THAT THE NNC AND DOST-FNRI SHALL COORDINATE CLOSELY WITH THE DEPED IN IDENTIFYING AREAS WITH HIGH PREVALENCE OF ANEMIA FOR EFFECTIVE PROGRAM IMPLEMENTATION. (e) xxX; (f) xXX; (g) xxx; [and] (h) xxx; and CENTRAL KITCHEN IN EVERY SCHOOLS DIVISION OFFICE. - THERE IS HEREBY ESTABLISHED A CENTRAL KITCHEN IN EVERY SCHOOLS DIVISION OFFICE, WHICH SHALL BE OPERATED, MAINTAINED, AND SUPERVISED BY THE DEPED,

WHICH SHALL PREPARE AND FACILITATE DISTRIBUTION OF FORTIFIED MEALS TO BENEFICIARIES WITHIN THEIR RESPECTIVE DIVISIONS."

Sec. 3. A new Section 5 is hereby inserted and subsequent Sections shall be

renumbered accordingly. The new Section 5 shall read as follows: "SEC. 5. DIRECT PURCHASE FROM FARMERS AND FISHERFOLK. - IN THE IMPLEMENTATION OF THE NATIONAL NUTRITION PROGRAM AS DEFINED UNDER SECTION 4 OF THIS ACT, DEPED, DSWD AND DA, AS THE CASE MAY BE, MAY DIRECTLY PROCURE OR PURCHASE LOCALLY-PRODUCED DAIRY, AGRICULTURAL AND FISHERY PRODUCTS DIRECTLY FROM ACCREDITED FARMERS, FISHERFOLK, AND THEIR COOPERATIVES OR ASSOCIATIONS, AS DEFINED UNDER REPUBLIC ACT NO. 11321, OR THE "SAGIP SAKA ACT", SUBJECT TO GUIDELINES ISSUED BY RELEVANT NATIONAL GOVERNMENT AGENCIES."

Sec. 4. Section 8 of Republic Act No. 11037 is hereby amended to read as

follows: "Sec. 8. Private Sector Participation. - The NGAs shall encourage the participation of the private sector in the Program which shall include, among others, PTAs, private corporations, peoples and nongovernment organizations and such other groups or organizations, both foreign and local, that may want to be partner in whole or in part with the implementation of the Program: PROVIDED, THAT, ALL PARTNERSHIPS SHALL ADHERE TO EXISTING GOVERNMENT GUIDELINES ON PUBLIC-PRIVATE

PARTNERSHIPS, AND OTHER APPLICABLE RULES AND REGULATIONS."

Sec. 5. Implementing Rules and Regulations. - Within one hundred eighty

(180) days from the effectivity of this Act, the DSWD, DepEd and DA shall promulgate the implementing rules and regulations necessary to ensure the efficient and effective implementation of this Act: Provided, That the failure of the relevant agencies to promulgate the said IRR shall not prevent or delay the effectivity and implementation of this Act.

Sec. 6. Transitory Provision. - Within six (6) months from the effectivity of this

12 Act the DSWD, DEPED, and the DA shall each update their respective and existing 13 policies, rules, and regulations in light of and relevant to this Act.

Sec. 7. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec. 8. Repealing Clause. - All laws, decrees, orders, rules and regulations or

other issuances or parts inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,