Breast Milk Banking Act

Senate Office of the Bertare TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P1:13 SENATE RECEIVED BI. S. No._ Introduced by Senator Loren Legarda AN ACT STRENGTHENING ROOMING-IN, BREASTFEEDING, AND BREAST MILKBANKING PRACTICES IN THE PHILIPPINES, EXPANDING AND AMENDING REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS THE "ROOMING-IN AND BREASTFEEDING ACT OF 1992," AS AMENDED BY REPUBLIC ACT NO. 10028, AND PROVIDING FUNDS AND MECHANISMS THEREFOR EXPLANATORY NOTE Breastfeeding is globally recognized as one of the most effective interventions to improve child survival.' The World Health Organization (WHO) and UNICEF recommend early initiation of breastfeeding within the first hour of birth and exclusive breastfeeding for the first six months of life, followed by continued breastfeeding along with appropriate complementary foods for up to two years or beyond. 2 In the Philippines, breastfeeding practices continue to face challenges, with both coverage and quality needing significant improvement. According to the 2023 National Nutrition Survey (NNS) on Infant and Young Child Feeding, only 61.2 percent of infants were breastfed within the first hour of birth, and just 50.4 percent of infants under six months were exclusively breastfed. Both figures represent a decline from previous years. As children grow older, 53.3 percent are still breastfed at one year, 1 World Health Organization. (n.d.). Breastfeeding. Retrieved on July 18, 2025, from https://www.who.int/health-topics/breastfeeding#tab=tab_1 2 UNICEF. (2018, May 10). Breastfeeding: A mother's gift, for every child. United Nations Children's Fund. Retrieved July 18, 2025, from https://www.unicef.org/media/48046/file/UNICEF_Breastfeeding_A_Mothers_Gift_for_Every_Child.pdf

while only 40.9 percent continue breastfeeding up to two years of age. In addition, 17.7 percent of infants were given pre-lacteal feeds, or foods and liquids other than breastmilk, shortly after birth, indicating early deviation from recommended feeding practices. Moreover, barriers such as limited workplace accommodations, absence of milk banks in many regions, and lack of structured donor systems continue to hinder breastfeeding and access to breast milk for vulnerable infants.3 While Republic Act No. 7600 (Rooming-In and Breastfeeding Act of 1992)* and Republic Act No. 10028 (Expanded Breastfeeding Promotion Act of 2009)5 laid a strong policy foundation for promoting breastfeeding and workplace lactation support, they do not sufficiently address the growing need for institutionalized breast milk banking as a life-saving public health intervention, especially in neonatal intensive care units and disaster-affected areas. Despite this, there are only several operational breast milk banks across the country, many of which lack sufficient cold chain logistics, digital inventory systems, or provincial reach. This bill seeks to institutionalize a national breast milk banking network, fully integrated with rooming-in and breastfeeding programs, and supported by clear funding, digital platforms, private sector incentives, and public health monitoring. It introduces the creation of regional breast milk banks, breastmilk donation areas, and a real-time Online Live Milk Map and Reserve System. It also provides for non- monetary donor incentives, public-private partnerships, and compliance with national safety and storage protocols. This measure affirms the State's duty to ensure the survival, nutrition, and development of Filipino children, especially those born under fragile conditions or 3 Department of Science and Technology - Food and Nutrition Research Institute. (2025, July 3). DOST-FNRI unveils 2023 Filipinos state of health and nutrition. Retrieved July 18, 2025, from https://www.dost.gov.ph/knowledge-resources/news/86-2025-news/4067-dost-fnri-unveils-2023- filipinos-state-of-health-and-nutrition.html 4 Republic of the Philippines. (n.d.). Republic Act No. 7600: Rooming-in and Breastfeeding Act of 1992 [PDF]. Philippine Commission on Women. Retrieved July 18, 2025, from https://pcw.gov.ph/assets/files/2020/03/republic_act_7600.pdf?x83052 5 Republic of the Philippines. (2010). Republic Act No. 10028: Expanded Breastfeeding Promotion Act of 2009. Retrieved July 18, 2025, from https://lawphil.net/statutes/repacts/ra2010/ra_10028_2010.html

during emergencies, while simultaneously protecting the rights of women to safely donate, express, and support breastfeeding. In view of the foregoing, the urgent passage of this bill is earnestly sought. LOREN LEGARDA

SenatE Offier of the secretatp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) AUG -4 P1:13 First Regular Session ) RECEIVLO B SENATE S. No._ *292 Introduced by Senator Loren Legarda AN ACT STRENGTHENING ROOMING-IN, BREASTFEEDING, AND BREAST MILK BANKING PRACTICES IN THE PHILIPPINES, EXPANDING AND AMENDING REPUBLIC ACT NO. 7600, OTHERWISE KNOWN AS THE "ROOMING-IN AND BREASTFEEDING ACT OF 1992," AS AMENDED BY REPUBLIC ACT NO. 10028, AND PROVIDING FUNDS AND MECHANISMS THEREFOR Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section. 1. Short Title. — This Act shall be known as the "Breast Milk Banking

2 Act."

Sec. 2. Declaration of Policy. - The State upholds the right of every child to

4 breastmilk as a primary source of nutrition, immunity, and development, and the right 5 of every mother to receive adequate support to breastfeed. To this end, the State 6 shall strengthen breastfeeding, rooming-in, and breast milk banking practices, 7 ensuring access even in emergencies and among vulnerable populations. Breast milk banking shall be institutionalized as a complementary public health 9 strategy to augment maternal milk supply in critical cases, promote voluntary breastmilk donation, and ensure the survival and optimal development of newborns, especially those in neonatal intensive care units. The State recognizes that an integrated and safe milk banking system is essential to uphold the nutritional rights of infants and the rights of women to donate and express breastmilk safely.

Sec. 3. Definition of Terms. — Section 3 of Republic Act No. 7600, as amended

2 by Republic Act No. 10028 is hereby further amended to insert new subsections (aa), 3 (bb), (cc), and (dd) and to modify subsection (f), to read as follows: XXX (f) DONOR MILK - BREAST MILK FROM A NON-BIOLOGICAL MOTHER, VOLUNTARILY PROVIDED AND SCREENED FOR SAFETY IN ACCORDANCE WITH DEPARTMENT OF HEALTH (DOH) PROTOCOLS. XXX (aa) DONOR INCENTIVE PACKAGE - A NON-MONETARY BENEFIT PROVIDED TO ELIGIBLE AND SCREENED BREASTMILK DONORS, WHICH MAY INCLUDE NUTRITIONAL SUPPLEMENTS, VITAMINS, FOOD VOUCHERS, OR SIMILAR FORMS OF SUPPORT, AS DEFINED IN DOH GUIDELINES. (bb) BREASTMILK DONATION AREA - A DESIGNATED SPACE WITHIN A LICENSED HEALTH FACILITY WHERE SCREENED LACTATING MOTHERS MAY VOLUNTARILY EXPRESS AND DONATE BREASTMILK FOR COLLECTION BY A DOH- ACCREDITED BREAST MILK BANK, REGIONAL MILK HUB, OR SIMILAR AUTHORIZED ENTITY. (cc) BREAST MILK BANK - A FACILITY THAT RECRUITS, SCREENS, COLLECTS, PASTEURIZES, STORES, AND DISTRIBUTES DONATED BREAST MILK IN ACCORDANCE WITH DOH REGULATIONS AND INTERNATIONALLY RECOGNIZED STANDARDS OF SAFETY AND QUALITY. (dd) MILK HUB - A REGIONAL OR PROVINCIAL FACILITY, DESIGNATED BY THE DOH, THAT COORDINATES AND MANAGES BREAST MILK BANKING OPERATIONS, INCLUDING BULK STORAGE, LOGISTICS, AND EQUITABLE DISTRIBUTION OF DONOR MILK. (EE) NATIONAL BREAST MILK BANKING STRATEGY - A GOVERNMENT-LED OPERATIONAL ROADMAP, DEVELOPED

BY THE DOH, THAT SETS OUT THE TARGETS, REGIONAL DIGITAL INFRASTRUCTURE, SAFETY ROLL-OUT, STANDARDS, AND MONITORING SYSTEMS FOR AN INTEGRATED AND SUSTAINABLE BREAST MILK BANKING NETWORK NATIONWIDE. (FF) ONLINE LIVE MILK MAP AND RESERVE SYSTEM - A DIGITAL PLATFORM ESTABLISHED BY THE DOH THAT PROVIDES REAL-TIME INFORMATION ON THE LOCATION, VOLUME, AND AVAILABILITY OF SCREENED AND PASTEURIZED DONOR MILK ACROSS ALL ACCREDITED MILK BANKS AND MILK HUBS. XXX

Sec. 4. Establishment and Promotion of Breast Milk Banking and Breastmilk

Donation - Chapter V on Miscellaneous Provisions shall be renumbered as Chapter VI, with the corresponding section numbers adjusted accordingly. A new Chapter VII is hereby inserted to read as follows: CHAPTER VII BREAST MILK BANKING NETWORK

Sec. 17. CREATION OF A NATIONAL BREAST MILK

BANKING STRATEGY - THE DEPARTMENT OF HEALTH, IN COORDINATION WITH RELEVANT AGENCIES AND STAKEHOLDERS, SHALL DEVELOP AND IMPLEMENT A NATIONAL BREAST MILK BANKING STRATEGY TO ENSURE THE ESTABLISHMENT, REGULATION, AND SUSTAINABILITY OF A NATIONAL MILK BANK NETWORK. THIS STRATEGY SHALL: a) SET TIME-BOUND TARGETS FOR ESTABLISHING MILK BANKS AND HUBS IN ALL REGIONS; b) DEFINE DONATION, PROCESSING, AND MATCHING PROTOCOLS;

c) ESTABLISH A DIGITAL SYSTEM TO TRACK SUPPLY AND DEMAND (MILK MAP); AND d) ALIGN WITH ROOMING-IN AND BREASTFEEDING INITIATIVES UNDER RA 7600 AND RA 10028.

SEC. 18. ESTABLISHMENT OF REGIONAL MILK BANKS

AND BREASTMILK UNITS, - THE DEPARTMENT OF HEALTH, IN COORDINATION WITH RELEVANT LOCAL GOVERNMENT UNITS (LGUS), SHALL ESTABLISH AT LEAST ONE REGIONAL BREAST MILK BANK AND BREASTMILK UNIT (R-HMBU) IN EVERY ADMINISTRATIVE REGION, PREFERABLY WITHIN A DOH-RETAINED OR LEVEL 3 PUBLIC HOSPITAL. SATELLITE MILK BANKS MAY BE CREATED IN PROVINCES AND HIGHLY URBANIZED CITIES AS DEEMED NECESSARY.

SEC. 19. ACCESS BY HOSPITALS AND LYING-IN

CLINICS. - ALL LICENSED PUBLIC AND PRIVATE HOSPITALS AND LYING-IN CLINICS MAY ACCESS DONOR BREASTMILK FROM THE R-HMBU UPON COMPLIANCE WITH THE FOLLOWING: a) REGISTRATION WITH THE REGIONAL OR PROVINCIAL MILK BANK; b) EXECUTION OF A MEMORANDUM OF AGREEMENT (MOA) DETAILING OBLIGATIONS, SAFETY PROTOCOLS, AND REPORTING MECHANISMS; C) COMPLIANCE WITH DOH STANDARDS ON ELIGIBILITY, SAFE TRANSPORT, HANDLING, AND ADMINISTRATION OF PASTEURIZED DONOR MILK. d) PRIORITIZATION OF DONOR BREASTMILK FOR NUTRITIONALLY AT-RISK INFANTS, INCLUDING BUT NOT LIMITED TO: PREMATURE AND LOW BIRTHWEIGHT NEWBORNS, INFANTS ADMITTED TO NEONATAL AND PEDIATRIC INTENSIVE CARE UNITS, AND THOSE WITH SPECIFIC CLINICAL

INDICATIONS, AS DETERMINED BY THE ATTENDING PHYSICIAN AND CONSISTENT WITH DOH CLINICAL GUIDELINES.

SEC. 20. ESTABLISHMENT OF BREASTMILK DONATION

AREAS. - ALL LEVEL 2 AND LEVEL 3 PUBLIC AND PRIVATE HOSPITALS SHALL DESIGNATE A BREASTMILK DONATION AREA, EQUIPPED WITH BASIC FACILITIES FOR EXPRESSING, COLLECTING, AND TEMPORARILY STORING MILK FOR TRANSFER TO R-HMBUS. PRIVATE FACILITIES, WITH OR WITHOUT EXISTING BREAST FEEDING FACILITIES, MAY ENTER INTO PARTNERSHIPS WITH THE DOH OR R-HMBUS FOR COLLECTION, TRANSPORT, AND DONATION PROCESSING.

SEC. 21. MILK DONOR SCREENING AND INCENTIVE

SYSTEM. - THE DOH SHALL: a) ESTABLISH MEDICAL AND NUTRITIONAL SCREENING PROTOCOLS FOR MILK DONORS; b) ISSUE GUIDELINES FOR HYGIENE, EQUIPMENT USE, LABELING, AND QUALITY CONTROL; C) PROVIDE DONOR INCENTIVE PACKAGES TO ELIGIBLE MILK DONORS, SUCH AS LACTATION SUPPLEMENTS, FOOD PACKS, BREASTFEEDING VITAMINS, OR NON-MONETARY TOKENS OF APPRECIATION.

SEC. 22. INTEGRATION WITH EMERGENCY RESPONSE

AND HEALTH PROGRAMS. - THE MILK BANKING NETWORK SHALL BE INTEGRATED INTO: a) DISASTER RESPONSE PLANS OF THE NDRRMC AND DSWD FOR USE IN EMERGENCIES; b) MATERNAL AND CHILD HEALTH PROGRAMS, INCLUDING NUTRITION SUPPLEMENTATION

AND THE PANTAWID PAMILYANG PILIPINO PROGRAM (4PS); c) REFERRAL AND SUPPLY CHAINS OF GEOGRAPHICALLY ISOLATED AND DISADVANTAGED AREAS (GIDAS) USING MOBILE OR SATELLITE MILK BANKS.

SEC. 23. TRAINING AND CAPACITY BUILDING. - THE

DOH, IN PARTNERSHIP WITH ACADEMIC AND HEALTH INSTITUTIONS, SHALL: a) PROVIDE MANDATORY TRAINING ON MILK HANDLING AND BREASTFEEDING SUPPORT FOR PERSONNEL IN ALL R-HMBUS AND REFERRING HOSPITALS; b) CONDUCT REGULAR ORIENTATIONS FOR LYING- IN CLINIC STAFF AND BARANGAY HEALTH WORKERS; c) DEVELOP INFORMATION AND EDUCATION CAMPAIGN (IEC) MATERIALS ON MILK BANKING FOR MOTHERS AND COMMUNITIES.

SEC. 24. COLD CHAIN AND TRANSPORT LOGISTICS. -

THE DOH AND LGUS SHALL PROVIDE FUNDING, LOGISTICS, AND INFRASTRUCTURE FOR COLD CHAIN TRANSPORT TO ENSURE SAFE DELIVERY OF DONOR MILK TO REGISTERED HEALTH FACILITIES. PARTNERSHIPS WITH THIRD-PARTY LOGISTICS PROVIDERS AND LOCAL HEALTH TRANSPORT SYSTEMS MAY BE ESTABLISHED.

SEC. 25. MONITORING AND EVALUATION. - THE

DEPARTMENT OF HEALTH (DOH), IN COORDINATION WITH RELEVANT STAKEHOLDERS, SHALL DEVELOP AND IMPLEMENT A MONITORING AND EVALUATION (M&E) FRAMEWORK TO REGULARLY ASSESS THE EFFECTIVENESS,

EFFICIENCY, AND SAFETY OF THE NATIONAL BREAST MILK BANKING PROGRAM. THIS SHALL INCLUDE: A) SETTING OUTCOME AND PERFORMANCE INDICATORS ON DONOR RECRUITMENT, MILK SUFFICIENCY, SAFETY COMPLIANCE, AND BENEFICIARY REACH; B) CONDUCTING PERIODIC EVALUATIONS AND IMPACT ASSESSMENTS OF REGIONAL AND PROVINCIAL MILK BANKS, DONOR INCENTIVE SCHEMES, AND UTILIZATION TRENDS; C) PUBLISHING AN ANNUAL M&E REPORT TO INFORM POLICY ADJUSTMENTS, ENSURE ACCOUNTABILITY, AND IMPROVE PROGRAM IMPLEMENTATION; D) ENGAGING CIVIL SOCIETY, HEALTH ACADEMIC PROFESSIONALS, AND INSTITUTIONS IN INDEPENDENT ASSESSMENTS, FEEDBACK COLLECTION, AND POLICY RESEARCH TO SUPPORT EVIDENCE- BASED IMPROVEMENT.

SEC. 26. ONLINE LIVE MILK MAP AND RESERVE

SYSTEM - TO IMPROVE ACCESSIBILITY, COORDINATION, AND EQUITABLE ALLOCATION OF DONOR BREAST MILK, THE DEPARTMENT OF HEALTH (DOH) SHALL ESTABLISH AND MAINTAIN AN ONLINE LIVE MILK MAP AND RESERVE SYSTEM. THIS SYSTEM SHALL: A) SERVE AS A CENTRALIZED DIGITAL PLATFORM INDICATING THE REAL-TIME AVAILABILITY, LOCATION, AND VOLUME OF SCREENED AND PASTEURIZED DONOR BREASTMILK ACROSS ALL ACCREDITED REGIONAL AND PROVINCIAL BREAST MILK BANKS;

B) FACILITATE EMERGENCY MATCHING AND EFFICIENT DISPATCH OF DONOR MILK TO REQUESTING HEALTH FACILITIES, PARTICULARLY FOR HIGH-RISK AND PRIORITY CASES; C) INCLUDE FEATURES TO TRACK DONATIONS, EXPIRY DATES, AND USAGE TO ENSURE SAFE AND TIMELY DISTRIBUTION; D) BE ACCESSIBLE TO AUTHORIZED HEALTH PERSONNEL FROM DOH-ACCREDITED HOSPITALS AND MILK BANKS, WITH APPROPRIATE DATA PRIVACY SAFEGUARDS; AND E) BE SUBJECT TO PERIODIC REVIEW AND UPDATING BY THE DOH TO ENSURE ACCURACY, SECURITY, AND COMPLIANCE WITH EVOLVING MILK BANKING STANDARDS.

SEC. 27. PRIVATE SECTOR PARTICIPATION AND TAX

INCENTIVES, - PRIVATE HOSPITALS AND CORPORATIONS THAT CONTRIBUTE TO MILK BANK OPERATIONS THROUGH DONATIONS OR TECHNICAL SUPPORT MAY CLAIM ENHANCED TAX DEDUCTIONS, SUBJECT TO BIR, DOF, AND DOH REGULATIONS. BREASTMILK-FRIENDLY WORKPLACES SHALL RECEIVE RECOGNITION AS "BREASTMILK- SUPPORTIVE ENTERPRISES."

SEC. 28. FUNDING AND APPROPRIATIONS. - THE

AMOUNT NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT UNDER THE BUDGET OF THE DEPARTMENT OF HEALTH (DOH). LOCAL GOVERNMENT UNITS (LGUS) MAY ALLOCATE COUNTERPART FUNDING FROM THEIR HEALTH OR GENDER AND DEVELOPMENT (GAD) BUDGET, AS APPLICABLE.

TO ENSURE ACCOUNTABILITY AND PROGRAM IMPROVEMENT, AT LEAST THREE PERCENT (3%) OF THE TOTAL ANNUAL ALLOCATION FOR THE IMPLEMENTATION OF THIS ACT SHALL BE EARMARKED SPECIFICALLY FOR MONITORING AND EVALUATION ACTIVITIES UNDER THE SUPERVISION OF THE DOH.

SEC. 29. IMPLEMENTING RULES AND REGULATIONS. -

WITHIN 90 DAYS FROM THE EFFECTIVITY OF THIS ACT, THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH RELEVANT AGENCIES AND STAKEHOLDERS, SHALL PROMULGATE THE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT. XXX

Sec. 5. Separability Clause. - If Any Clause, Sentence, Paragraph Or Part Of

This Act Shall Be Declared To Be Invalid, The Remainder Of This Act Or Any Provision Not Affected Thereby Shall Remain In Force And Effect.

Sec. 6. Repealing Clause. - All Laws, Decrees, Orders, And Issuances

Inconsistent With This Act Are Hereby Repealed Or Modified Accordingly.

Sec. 7. Effectivity. - This Act Shall Take Effect Fifteen (15) Days After

Publication In The Official Gazette Or In At Least Two (2) National Newspapers Of 21 General Circulation. Approved,