Republic of the Philippines
Province of Negros Oriental
Office of the Sangguniang Panlungsod
City of Tanjay

EXCERPT FROM THE JOURNAL OF THE 104TH REGULAR SESSION OF THE 7TH SANGGUNIANG PANLUNGSOD OF THE CITY OF TANJAY HELD AT THE SP SESSION HALL ON JULY 23, 2018.

PRESENT:

Honorable Regalado D. Salma, Jr. Acting City Vice-Mayor/Acting Presiding Officer
Honorable Daryll T. Aba Member
Honorable Francisco R. Dael, Jr. Member
Honorable Joselito R. Manso Member
Honorable Henry R. Tam Member
Honorable Felix R. Mira, Jr. Member
Honorable Teopisto T. Calumpang, Jr. Member
Honorable Patchita Y. Bulandres Member
Honorable Epifanio T. Busmion Member
Honorable Irving M. Malunda Member
Honorable James Kenneth G. Aguilar (SK President) Member

 

ON OFFICIAL BUSINESS:

Honorable Segfredo O. Buagas (ABC President) Member

RESOLUTION NO. 18-256

“WHEREAS, it is highly recommended for Local Government Units to fully support and realize the implementation of the Expanded Breastfeeding Promotion Act of 2009;

“WHEREAS, it improves the LGU’s Scorecard result in terms of implementing Health Reforms;

“WHEREAS, it is a basic right for any nursing mother to breastfeed or nurture her young with pure breast milk as opposed to the use of any unnatural substitute such as milk formula that are available in the market.

“WHEREAS, it should be public knowledge that pure breast milk is provided freely by the mother and protects against infection, illnesses, allergies, enhances development and intelligence, improves vaccine effectiveness and;

“WHEREAS, it provides the mother natural contraception after delivery and protects the mother from close pregnancy intervals;

“WHEREAS, breastfeeding promotes stronger bond in a mother and child relationship;

“NOW, THEREFORE, on motion of Member Epifanio T. Busmion, and duly seconded by Members Patchita Y. Bulandres, Irving M. Malunda, Francisco R. Dael, Jr. and Joselito R. Manso, the Honorable Sangguniang Panlungsod

“RESOLVED to enact the following ordinance, to wit:

ORDINANCE NO. 9

THE BREASTFEEDING PROMOTION ORDINANCE OF 2018 FOR THE CITY OF TANJAY, PROVINCE OF NEGROS ORIENTAL

“Be it ordained by the Honorable Sangguniang Panlungsod in session assembled, that:

“SECTION 1.  TITLE. This ordinance shall be known as the “Breastfeeding Promotion Ordinance of 2018 for the City of Tanjay”.

“SECTION 2.  COVERAGE.  This ordinance shall cover both government-owned agencies and private enterprises within the territorial jurisdiction of the City of Tanjay.

“SECTION 3.  DEFINITION OF TERMS.  Words and phrases relevant to this ordinance.

  1. a) Age of gestation – the length of time the fetus is inside the mother’s womb.
  2. b) Bottle feeding – the method of feeding an infant using a bottle with artificial nipples, the contents of which can be any type of fluid.
  3. c) Breastfeeding – the method of feeding an infant directly from the human breast.
  4. d) Breast milk – the human milk from a mother.
  5. e) Breast milk substitute – any food being marketed or otherwise represented as partial or total replacement of breast milk whether or not suitable for that purpose.
  6. f) Donor milk – the human milk from a non-biological mother.
  7. g) Expressed breast milk – the human milk which has been extracted from the breast by hand or by breat pump.  It can be fed to an infant using a dropper, a nasogastric tube, a cup and spoon, or a bottle.
  8. h) Expressing milk – the act of extracting human milk from the breast by hand or by pump into a container.
  9. i) Formula feeding – the feeding of a newborn with infant formula usually by bottle feeding.  It is also called artificial feeding.
  10. j) Health institutions – are hospitals, health infirmaries, health centers, lying-in centers, or puericulture centers with obstetrical and pediatric services.
  11. k) Health personnel – are professionals and workers who manage and/or administer the entire operations of health institutions and/or who are involved in providing maternal and child health services.
  12. l) Health workers – all persons who are engaged in health and health-related work, and all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other health related establishments, whether government or private, and shall include medical, allied health professional, administrative and support personnel employed regardless of their employment status.
  13. m) Infant – a child within zero (0) to twelve (12) months of age.
  14. n) Infant formula – the breast milk substitute formulated industrially in accordance with applicable codex Alimentarius Standards, to satisfy the normal nutritional requirements of infants up to six(6) months of age, and adopted to their physiological characteristics.
  15. o) Lactation management – the general care of a mother-infant nursing couple during the mother’s prenatal, immediate postpartum and postnatal periods.  It deals with educating and providing knowledge and information to pregnant and lactating mothers on the advantages of breastfeeding, the risk associated with breast milk substitutes and milk products not suitable as breast milk substitutes such as, but not limited to, condensed milk and evaporated milk, the monitoring of breastfeeding mothers by health workers and breastfeeding peer counselors for service patients to ensure compliance with the Department of Health, World Health Organization (WHO) and the United Nations Children’s Fund (UNICEF) on the implementation of breastfeeding policies, the physiology of lactation, the establishment and maintenance of lactation, the proper care of the breasts and nipples, and such other matters that would contribute to successful breastfeeding.
  16. p) Lactation stations – 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.
  17. q) Low birth weight infant – a newborn weighing less than two thousand five hundred (2,500) grams at birth.
  18. r) Nursing employee – any female worker, regardless of employment status, who is breastfeeding her infant and/or young child.
  19. s) Mother’s milk – the breast milk from the newborn’s own mother.
  20. t) Non-health facilities, establishment or institution – public places and working places, as defined in subparagraphs (u) and (y), respectively.
  21. u) Public Place – enclosed or confined areas such as schools, public transportation terminals, shopping malls, and the like.
  22. v) Rooming-in – the practice of placing the newborn in the same room as the mother right after delivery up to discharge to facilitate mother-infant bonding and to initiate breastfeeding.  The infant may either share the mother’s bed or be placed in a crib beside the mother.
  23. w) Seriously ill mothers – are those who are with severe infections;  in shock, in severe cardiac or respiratory distress; or dying; or those with other conditions that may be determined by the attending physicians as serious.
  24. x) Wet nursing – the feeding of a newborn from another mother’s breast when his/her own mother cannot breastfeed.
  25. y) Workplace – work premises, whether private enterprises or government agencies, including their subdivisions, instrumentalities and government-owned and –controlled corporations.
  26. z) Young child – a child from the age of twelve (12) months and one (1) day up to thirty-six (36) months.

“SECTION 4.  APPLICABILITY – The implementing rules and regulations of this ordinance shall cover both private enterprises as well as government agencies, along with their subdivisions and instrumentalities, and government-owned and –controlled corporations. 

All Provisions of RA 10028 and Executive Order 51, shall hereby be incorporated in this ordinance.

Upon application to, and determination by the Enforcement/Inspection Team, all health and non-health facilities, establishments and institutions may be exempted for a renewable period of two (2) years from Section 6 of this ordinance where the establishment of 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.

“SECTION 5.  ENFORCEMENT/INSPECTION TEAM – An enforcement team shall be created with the City Health Office as the lead convenor:

Composition of the Team:

  1. City Health Officer – Repository of records of all violations.
  2. PNP – Issuer of citation tickets.
  3. City Legal Officer – Adjudicator.
  4. City Administrator – Effective Implementation.
  5. City Treasurer – Permits and licenses; receiving agent of fines.
  6. Barangay Captains

“SECTION 6.  ESTABLISHMENT OF LACTATION STATIONS – It is hereby mandated that all establishments listed in Section 4 must establish lactation stations.    These lactation stations shall be adequately provided with the necessary equipment and facilities, such as a lavatory for hand-washing, unless there is an easily accessible lavatory nearby; refrigeration or appropriate cooling facilities for storing expressed breast milk; electrical outlets for breast pumps; a small table; comfortable seats; and other related items. 

A lactation station does not directly imply an enclosed room rather it can be in the form of a curtain divider, for as long as comfort and privacy for the working mother are both readily provided.

An assistant or helper may be an option if the nursing mother has hired a caregiver to carry out other functions particularly in the collection of the breast milk and feeding of the baby or infant. 

“SECTION 7.  LACTATION BREAKS – Nursing employees shall be granted break intervals in addition to the regular time-off for meals to breastfeed or express milk which shall not be less than a total of forty (40) minutes for every eight (8) – hour working period.

“SECTION 8.  INCENTIVES TO BREASTFEEDING MOTHERS.  The Local Government of Tanjay City, through the Local Council for the Protection of Children (LCPC), shall provide incentive/s in the form of vitamins or financial assistance to breastfeeding mothers who nurse their babies in their homes or in the workplace.  The City Health Office shall spearhead the implementation and monitoring of this program in order to ensure that these mothers receive their incentives.

“SECTION 9.  INFORMATION DISSEMINATION AND EDUCATIONAL PROGRAMS OF PREGNANT WOMEN AND WOMEN OF REPRODUCTIVE AGE.  The CHO is mandated to equip women of reproductive age with accurate information on maternal nutrition and proper nourishment in preparation for successful and sustainable breastfeeding, they are also likewise mandated to produce and make available relevant information and programs which should be disseminated on the city and barangay levels. 

During the prenatal, perinatal and postnatal consultations and/or confinements of the mothers or pregnant women in a health institution, the health worker is to immediately and continuously teach, train and support the women on current and updated lactation management and infant care through participatory strategies such as organization of mothers’ clubs and breastfeeding support groups and to distribute written information materials on such matters free of charge.

“SECTION 10.  SANCTIONS.  Any private non-health facility, establishment and institution which unjustifiably refuses or fails to comply with Sections 7 and 8 of this ordinance shall only be given a reprimand on first offense.

On the second offense, a fine of not less than five hundred pesos (500.00) shall be imposed.

On the third offense, a fine of not less than one thousand pesos (1,000.00) shall be imposed.

In all cases, the fine imposed should take into consideration, among others, number of women employees physical size of the establishment, and the average number of women who visit.

“SECTION 11.  FUNDING.  Funds shall be sourced from appropriations of the CHO/Office of the Mayor, to cover the cost of information dissemination, training of enforcers, the grant of incentives and other expenses necessary for the effective implementation of this ordinance.

“SECTION 12.  REPEALING CLAUSE.  All ordinances contrary or inconsistent with this ordinance are repealed or modified accordingly.

“SECTION 13.  RESPONSIBILITY CLAUSE.  If any provision of this ordinance is declared unconstitutional or illegal, the same should not affect the validity and effectivitty of the other provisions thereof. 

“SECTION 14.  EFFECTIVITY CLAUSE.  This Act shall take effect fifteen (15) days after its publication in at least one (1) newspaper of general circulation.

“UNANIMOUSLY APPROVED.”

_____________

I HEREBY CERTIFY to the correctness of the above-quoted resolution.

JOSELITA C. FLORDELIZ
SP Secretary

DARYLL T. ABA FRANCISCO R. DAEL, JR. JOSELITO R. MANSO
HENRY R. TAM FELIX R. MIRA, JR.. TEOPISTO T. CALUMPANG
PATCHITA Y. BULANDRES EPIFANIO T. BUSMION IRVING M. MALUNDA
JAMES KENNETH G. AGUILAR
ATTESTED: APPROVED:
REGALADO D. SALMA, JR
Acting City Vice-Mayor/ Acting Presiding Officer
REYNALDO S. CONCEPCION
City Mayor