Law Of Promotion, Protection And Support Of Breastfeeding.


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I. That pursuant to the Constitution, the human person is the origin and purpose of state activity, which is organized for the attainment of justice, legal security and the common good.
II.- minors have the right to live in family and environmental conditions that enable their integral development, for which have the protection of the State, who will protect the physical, mental and moral health of these, granting them the right to education and assistance.
III.- That El Salvador is a signatory to the Convention on the Rights of the Child and is committed to ensuring that all sectors of society, particularly parents and children, know the basic principles of health and nutrition of these; the advantages of breastfeeding, hygiene and environmental sanitation, as well as ensuring they have access to relevant education, among others.
IV.- That to comply with the above principles, it is necessary to enact a law to promote, protect and support breastfeeding, a practice that ensures nutrition par excellence, optimal growth and development of infants, reducing morbidity and Child mortality.
in exercise of its constitutional powers and initiative of deputies of the legislature 2003-2006: Napoleon René Aguiluz Carranza (RIP), Romeo Childe Gustavo Escobar, Hector Ricardo Silva Arguello (RIP) and Congresswoman Elvia Violeta Menjivar Escalante; and deputies: Antonio Gallegos Guillermo Navarrete, Damian Joy, Flores Santiago Alfaro, Hortensia Margarita Lopez Quintana, Francisco Guillermo Mata Bennett and Eugenio Donato Rivas Vaquerano.
DECREES the following:



Object Art. 1.- This law aims to establish the necessary measures to promote, protect and maintain exclusive breastfeeding until six months and prolonged breastfeeding up to two years, ensuring its benefits and essential for nutrition, growth and contribution integral development of the infant.
It also regulates the marketing of breast-milk substitutes.

Law Art. 2. All children have the right to breastfeeding in conditions that ensure life, health, growth and development.
Mothers also have the right to breastfeed their children with support from the father, the family, the community, employers and private organizations and is an obligation of the State guarantee.

Scope Art. 3. This Act to all natural or legal persons, public or private, that serve pregnant women, nursing mothers and infants period, as well as public and private employers, including the Salvadoran Social Security Institute and the Commission apply Lempa River Hydroelectric Executive of CEL, and those that manufacture, market, distribute, import or engage in other activities related to breast milk substitutes.

Art.4.- Competent Authority The Ministry of Health, hereinafter "Ministry" is the competent authority for the implementation of this law.
The Ministry will coordinate with other agencies duly certified, to develop actions to protect, promote and support breastfeeding.

Art.5.- Powers The powers of the Ministry are as follows:
a) Comply with and enforce this law;
B) Issuing the sanitary registration of breast milk substitutes and refuse it when it fails to comply with established standards;

c) Perform surveillance and monitoring of the quality and safety of formulas;
D) Develop national plans for the promotion, protection and support, social participation and intersectoral approach concerning breastfeeding;
E) Verify that health service providers, they are trained to promote mothers and the general population, breastfeeding and optimal feeding practices for infants;
F) Ensure that health service providers, information, guidance and advice to families and the community in general to ensure the proper practice of breastfeeding;
G) To hear and resolve of infringements and sanctions in accordance with the procedure laid down in this Act; and
h) The others are established by the Code of Health and other related provisions.

To fulfill the attributions that this law states, all public and private institutions, including autonomous, even if not mentioned in this law, the Ministry must provide the information requested.

Art.6.- Definitions For the purposes of this Act, shall apply:
Human Milk Banks: specialized centers responsible for the collection, promotion, protection and support for breastfeeding, and execution of processing activities and quality controls, for distribution under medical prescription.
Manufacturer: means any private sector company engaged in the business of manufacturing or make breast-milk substitutes or through an agent or an entity controlled by it, or she linked, under a contract to manufacture any of the products covered by the provisions of this law.
Authorized information: date, accurate and objective, based on possible data to be applied at the population level based on scientific evidence and information.
Infant: is every child up to the age of twenty completed months.
Exclusive breastfeeding: infant feeding based breast milk without any other food or liquid. Exclusive breastfeeding should start from birth until the child is six months old.
Prolonged, sustained or extended breastfeeding: is the continuation of breastfeeding after six months to two years of age or older.

Breast milk: living, changing tissue liquid consistency secreted by the mammary gland of women, and for children from zero to six months full all nutritional requirements, enzymatic, immunological and emotional assure you optimal growth and development.
Mother breastfeeding: is the woman who is feeding her baby with milk from her breasts.
Sample: units or small quantities of a product that is provided free of charge.
Promotion of breastfeeding: actions used to communicate and report on the advantages and benefits of the practice.
Special situations: those health conditions defined in current regulations established by the competent authority and in cases of catastrophe or public calamity declared legally.
Breast milk substitutes: all food sold or otherwise presented as a partial replacement or total breast milk, whether or not suitable for that purpose.

Creation Create the National Breastfeeding Committee, as an advisory body and attached to the Ministry consultation, hereinafter shall be known as "the Commission" and may be abbreviated with the acronym CONALAM. Objective

CONALAM Art.8.- The main objective of the CONALAM is to support and advise the Ministry as regards the protection, promotion, promote and support breastfeeding. Integration

Art.9.- The Commission shall consist of an owner representative and an alternate from the following institutions:
a) The Minister of Health or his delegate who will preside;
B) The Minister of Labor and Social Welfare or his delegate;
C) The Minister of Education or his delegate;

d) The holder of the Salvadoran Social Security Institute or his delegate;
E) The head of the Institute for Women's Development or his delegate;
F) The head of the National Council for Childhood and Adolescence, or his delegate;
G) A representative of the Faculty of Medicine of the University of El Salvador;
H) A representative of the private universities with medical school;
I) A delegate of the Medical College of El Salvador;
J) A delegate of private enterprise; and
k) A representative of the Support Center for Breastfeeding.

Art.10.- Impairments may not be members of the Commission, natural or legal persons involved in the manufacture, import or marketing of products considered substitutes for breastfeeding.

Art.11.- Requirements Members of the Commission shall have professional qualifications and experience in the field, and shall hold office for a term ad honoren two years, renewable for an equal period. Powers and duties

Art.12.- The Commission shall have the following powers and duties:
a) To advise and assist in the formulation of plans and programs related to breastfeeding programs;
B) Advise and collaborate to strengthen the culture of breastfeeding;

C) Advise and assist in investigations and studies concerning the practice of breastfeeding, as a basis for the issuance of public policies in this area;
D) To advise and assist in the review and updating of indicators of breastfeeding, to measure the progress of this practice;
E) To issue opinions and technical advice related to the promotion, protection and support of breastfeeding, as requested by the competent authority; and
f) Any other requested by the governing body.


Advertising Art.13.- The Ministry professionals the public health, including the Salvadoran Social Security Institute and the Hydroelectric Commission of the Lempa CEL and other institutions of the National health System, should boost promotion to publicize the importance of maternal nutrition, preparing for breastfeeding and its benefits, emphasizing the superiority of this on food substitutes and avoid misleading messages that discourage the practice of breastfeeding.
Any person, natural or legal, related to health care, it should promote the practice of breastfeeding, through compliance with legal technical instruments issued by the Ministry.

Right to Information Art.14.-All people, especially pregnant women and nursing mothers are entitled to receive timely, accurate and understandable information about the benefits of breastfeeding, techniques for breastfeeding, difficulties and possible solutions in its implementation.

Obligation to Report Art.15.- The Ministry will ensure that all personnel in health facilities, public and private, responsible for the care of mothers and infants, have the information and education on breastfeeding maternal and natural food.

Participation Branch of Education Art.16.- The Executive Branch in the Field of Education, should be incorporated into the curriculum, content breastfeeding, from early childhood education to higher education.

Authorization Art.17.- The Ministry will authorize all informative, educational, promotional and advertising material related to infant feeding, including exclusive breastfeeding up to six months, and ensure prolonged breastfeeding up to two year old.

infant feeding in Special Situations
Art.18.- The provider of public and private institutions, should indicate breast milk for feeding infant and only in special situations, you may prescribe breast milk substitutes.

Special Cases Art.19.- In special cases, or at the express request of the mother, may be considered food banks through human or milk substitutes.
The technical guide authorized by the Ministry shall consider all aspects that prevent or contraindicate breastfeeding, maternal, neonatal and socioeconomic determinants. Human Milk Banks

Art.20.- human milk banks are responsible for collecting, analyzing, pasteurize and implement conservation processes, classification, quality control and distribution of breast milk to the infant helpless receiving direct breastfeeding from his mother.
Human milk donation must be free, any public, private or individual institution may cost to obtain pecuniary or distribution thereof.
The State and all public, autonomous and private institutions should promote the donation of human milk for children who can not access it. Responsible Authority Art.21.-

The Ministry, ensure the implementation and enforcement of human milk banks.

Information Content authorized Art.22.- information must include, among other the importance of breastfeeding; as well as objective and scientific about breast milk substitutes data.
The information must be written in a clear, objective and consistent based on scientific studies and language Castilian manner.

Art.23.- Ban Advertising advertising breast milk substitutes, which discourages the practice of breastfeeding is prohibited. Specific Prohibitions

Art.24.- following promotion activities are prohibited:
a) The free distribution of breast milk substitutes;
B) The distribution of breast milk substitutes through contests or other promotional measures;
C) The sale or free distribution of promotional items;
D) Conducting activities, sponsorship or events that promote the consumption of breast milk substitutes;
E) sweepstakes and contests that offer prizes, gifts or other benefits that promote the consumption of breast milk substitutes;
F) In the outlets, through offers, tied sales, coupons, discounts, rebates or other incentives; and
g) Establish direct or indirect contact with pregnant women or mothers of infants, with the aim of promoting breast milk substitutes;
substitutes Art. 25. Every package of substitute product must have a label that can not come off of it without being destroyed. The label of each substitute product must be designed so as not to discourage breastfeeding. It should also provide the information necessary for correct use of the product.
This label can not take pictures of infants, or other pictures or text which may idealize the use of infant formula. However, they may have graphics for easy identification of the product as sucedánio breast milk and those that serve to illustrate the method of preparation of the product and must be written in Castilian language. It must also contain the name and address of the manufacturer or importer, and where appropriate, the name of the distributor. The label should not use terms like "infant", a "humanized", "EQUIVALENT TO MILK", or the like.

Pachas Art.26.- Bottles and bottles and labels pachas should include:
a) A statement of the superiority of breast milk to feed the baby;
B) The materials used in their manufacture; and
c) instructions for cleaning and sterilization. CHAPTER III QUALITY

Recommended International Standards Art.27.- substitutes covered by the provisions of this Act, intended for sale or any other form of distribution, should meet the internationally recommended standards; as well as quality standards.

Product package ersatz Art.28.- Any product covered by this law, shall be sold in its original container and packaging or not you can decant for retail.

Protection and Stimulation Art.29.- The Ministry shall take the measures necessary to protect and encourage breastfeeding; therefore, no service provider public or private health should promote substitutes breast milk, or use its facilities to expose them products, posters, labels, stickers or any other article or means of promotion related to them. Scholarships

Art.30.- No official or health care provider, including the Salvadoran Social Security Institute and the Hydroelectric Commission of the Lempa CEL may be obtained directly or indirectly from manufacturers or distributors substitutes, funding scholarships, study tours, expenses of attending professional conferences or any other activity with the purpose of promoting their products.
Manufacturers and distributors within the provisions of this law, must disclose to the institution to which he belongs Health agent beneficiary, any contribution made to this or on their behalf, to finance continuing medical education.

Practices Health Service Providers
Art.31.- providers health services should promote early attachment, rooming, providing counseling and support breastfeeding; They should avoid practices that discourage breastfeeding such as the separation of mothers from their children; bottle feeding; the delay to breastfeed the infant for the first time; the lack of guidance on immediate problems of breastfeeding; prescribing substitutes for breast milk unnecessarily or starting complementary foods. Ministry

Art.32.- providers of health services that the scope of this law refers to, must be previously trained to provide counseling the mother about the practice of breastfeeding, and the correct use special situations set out in Article 19 of this law of infant formula manufactured industrially or home. Samples

Art.33.- providers of health services may not receive or give samples of infant formula, or materials or implements for preparing or employment, pregnant women, mothers infant or members of their families. Except in special cases under Art.19 of this law. Donations

Art.34.- No health care provider may accept donations of substitute milk products, equipment, promotional, informative or educational material.
In exceptional cases, the Ministry considers imperative the use of substitutes or disaster, public calamity or national emergency, for accepting donations of these products, the guidelines previously established by the competent authority shall be followed.

Labor Provision Art. 35. Every woman worker during the first six months postpartum, while nursing her daughter or son, or while you collect your milk, shall, to that end, a break in the workday of up to one hour a day; this interruption can be fractionated into two pauses or times agreed by the parties.
The workday interruptions may not be used at lunchtime and will be counted as effective working time and paid as such.
Employers are required to ensure compliance with this provision and this right may not be compensated or replaced by any other, otherwise will be punished as provided in this law.

11 Employers are required to establish a hygienic space within the workplace, so that mothers can be drawn and store breast milk. Audits

Art.36.- The Executive Branch, through the Ministry of Labor and Social Welfare and Health, should make permanent audits in the workplace on compliance with these provisions, if they there is non-compliance by employers, they will be fined in accordance with the sanctions regime established in this law.

Educational Centers Art.37.- schools and universities legally established must comply with the provisions of Article 35 of this law, in order that students may be drawn mothers and store breast milk.

Classification VIOLATIONS Violations
Art.38.- Violations of this law are classified as minor, serious and very serious.

Minor Offences Art.39.- constitute minor offenses the following:
a) Provide counseling on the use of breast milk substitutes to parents of infants in special situations, by unskilled personnel;
B) explain, by public and private health providers, clearly health risks of using substitutes prepared improperly or consumed without a prescription; and
c) Failure to comply with obligations to promote breastfeeding.

Serious Violations constitute grave breaches Art.40.- the following:
a) To promote breast milk substitutes in health facilities, whether public, private, autonomous or otherwise, except of the grounds specified in Article 19 of this law;

b) Distribute promotional materials containing graphics or text which idealizes any form and induce the use of breast milk substitutes instead of breast milk;
C) To receive or give, by health service providers, substitutes breast milk or samples thereof, pregnant women, nursing mothers or members of their families providers services, public or private health;
D) Perform practices that discourage breastfeeding, such as those set out in Article 31 of this law.; and
e) Publicize and recommend the use of breast-milk substitutes, to discourage the practice of breastfeeding.
Very serious very serious infringements constitute infringements
Art.41.- the following:

A) To receive sponsorship or directly or indirectly sponsor cultural, educational, political, sporting, artistic, social, scientific, community and employers festivities, among others; in order to promote breast-milk substitutes that may lead to conflict of interest;
B) To obtain from manufacturers or distributors of substitutes, funding that is not exclusively for continuing medical education activities;
C) To promote breast milk substitutes in the outlets, through offers, tied sales, coupons, discounts, rebates or other incentives;
D) Failure to comply with the provisions on packaging and labeling established in this law;
E) make or accept donations of substitutes breast milk in any establishment of public, private, autonomous health or other species without prior authorization from the Ministry;
F) Commercialize or distr ibuir breast milk substitutes without the respective sanitary registration previously issued by the Ministry; and
g) Failure to comply with the provisions of Chapter V of Title IV of this Act, relating to protection measures.


Art.42.- Without prejudice to any criminal, civil or administrative liability, penalties for infringements of this law are:
a) written warning for minor offenses;
B) A fine of five to ten minimum wages in trade and service sector when dealing with serious offenses or minor offenses recidivism; and
c) A fine of eleven to fifty minimum wages of trade and services sector to be very serious or serious offenses recidivism.
In addition to the fine provided in subparagraph c) of the preceding article, the following sanctions shall be imposed:
a) Suspension of veterinary products;
B) Confiscation of products, educational and promotional material; and
c) permanent closure of premises. Determination of Punishment

Art.43.- To determine the amount of the fine, the competent authority shall take into account the significance and gravity of the offense.
In the cases it referred to in Art. 39; subparagraphs c), d), e) of Art. 40; c) and d) of Art. 41, sanctions or corresponding fines or possibly be applied shall be confiscated and also the penalties established in the Health Code shall apply.
Establishment Art.44.- When the gravity of the offense, the Regional Health Directorate may determine the need of decommissioning of a facility, shall transmit the proceedings to the Minister or Minister of Health, in its case may proceed to determine the relevance of such a decision.
The competent authority shall order the publication of the resolution in which the penalty applies when this becomes final.


Art Competition. 45. The competent authority, for the application of the penalties provided in this Act, shall be the Regional Director of Health of the relevant geographic area.

Art.46. Complaint Any person who has knowledge of one or more breaches or defaults prescribed in this Act shall submit the complaint, which will be documented with corresponding test, with the Director of the Unit health of where the violation has been committed, or hospital or SIBASI, as appropriate, to which they can make record transfer through the Regional Director of health competent.
The complaint may be verbal or written clearly and if possible, contain:
a) A detailed account of the facts that generated the violation or breach of the provisions of this Act, indicating the place, date and how it was committed;
B) General of the complainant; name, address and nature in case of a legal person; and general name of the person who attributed the alleged infringement;
C) The circumstances that contribute to the verification of the allegations; and
d) The identity and signature of the complainant or who does it at his request, if that does not know how or can not do; the place and date of the complaint and to receive notifications.
The verbal complaint will be received in the minutes, which raise responsible for the instance in which the information specified in the preceding paragraph shall be entered. The complainant signed the minutes and if you do not know how or unable to do so, leave the imprint of his thumb or, failing that, will sign another person to beg.
Home Procedure

Art.47.- The competent authority shall initiate the procedure for verification of the facts, within seventy-two after the termination of the commission of the offense working hours.

15 Art.48.- In the same resolution ordering initiate the procedure, the competent authority shall set and granted audience to the alleged offender within a period of seventy two business hours counted from the day after the notification, appear to manifest their defense.

Rebeldía Art.49.- If the alleged offender or his legal representative fails to appear without just cause, in the term established to express his defense, shall be declared rebel. Interrupting

Rebeldía Art.50.- At any stage of the proceedings, even before the final decision, the alleged offender or his legal representative may appear in person and stop the rebellion that has been declared and take the process in the state it is in. In any case, to stop the rebellion declared shall designate a place for subsequent notifications.

Term Test Art.51.- after the deadline laid down in Article 47 of this Law, will open to testing for a period of eight working days, during which the exculpatory evidence must be produced that they have offered and add those that have been mentioned in the complaint, in the inspection report or the report that gave rise to the procedure or any other evidence.
In the case of practice required inspection, collating, expert or any other providence, they shall immediately ordered by the competent authority. Tests for confession may occur at any stage of the proceedings, provided it is before the final decision.

Sound criticism Art.52.- The evidence presented by the alleged offenders will be appreciated by the competent authority, according to the rules of sound judgment.

Final Determination Art. 53. Upon completion of the test and received term which it afforded, ordered or requested, the competent authority shall issue a final decision within the period corresponding seventy-two business hours and must be based upon the evidence received and the laws as applicable.
Final decisions should be based enough and they must express at least the identity of the alleged offender, the evidence on which they are based, the violated laws, the respective sanction where applicable and shall be signed by the competent authority .

16 Art.54.- The decision to impose, modify, revoke or confirm any of the penalties provided in this Act, shall be declared final and enforceable, fulfilled the term without use make resource indicated in this chapter.

Admissible Art.55.- against decisions imposing the sanctions provided for in this law, the resources reversal and appeal be accepted.

Appeal for reversal Art.56.- The alleged offender or his legal representative may appeal for reversal within seventy two business hours counted from the day following the notification to the authority that issued the resolution; who will resolve it with only the view of the dossier within five business days, modifying, confirming or revoking the original decision. Appeal
Step Art.57.- the order passed by the competent authority may be appealed to before the Minister or Minister of Health, where appropriate, or his substitute, within the term of seventy two business hours, counting from the day following the notification.
The Minister or Minister of Health, where appropriate, admit or reject the appeal filed if this does not meet the reasons of fact or law that gave rise to the filing thereof. Opening

Testing Art.58.- If the Minister or Minister of Health, where appropriate, or his substitute, admits the appeal, the appellant will be notified tested by opening the term three business days.

Resolution Resource Art.59.- test expiration of the term of the Minister or Minister of Health, where appropriate, or his substitute, will decide within a period of seventy two business hours, revoking, modifying or confirming the decision appealed.
If the sanctioned does not use any of the remedies provided in this Act, the resolution becomes final, which will be exhausted administrative remedies and proceed to the execution of the sanction.


Term for Art.60.- Cancel Fines Fines are imposed on offenders under this Act shall be canceled at the Directorate General of Treasury, Ministry of Finance, within seven working days the date on which the decision is notified. Collection by Way

Judicial Art.61.- If a fine not it be canceled within the term indicated in the previous article, the competent authority must certify the execution and forwarded to the Attorney General of the Republic to this start the respective process. TITLE VII FINAL PROVISIONS

UNICO CHAPTER Adaptation to the Law
Art.62.- To comply with the provisions of this law, natural or legal persons engaged in the manufacture or marketing of formula or breast milk substitutes will have a period of six months, from the effective date of this law.
To change labeling and vignettes that are used in the manufacture or marketing of breast milk substitutes, have a period of up to 12 months, from the delivery of electronic files duly authorized by the Ministry of Health.

Features Set Deadline for Art.63.- The Ministry shall have a period of sixty days from the effective date of this law, duly authorized to deliver electronic files on labeling. Specialty

Law Art.64.- The provisions of this law are of a special nature, therefore prevail over any other than runs counter.

Regulation Art. 65.- The President of the Republic, under the ordinal 14 ° of Art. 168 of the Constitution, shall issue the regulations of this law, within one hundred and eighty working days from its term. Effective

Art. 66. This Act shall enter into force eight days after its publication in the Official Journal.

18 GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, this twenty-sixth day of June in the year two thousand and thirteen.
OTHON Sigfrido Reyes Morales, president.
In compliance with the provisions of Article 97, paragraph 3 of the Rules of Procedure of this organ of the State, it is noted that this decree was returned with remarks by the President of the Republic, on 15, Article 25 and the letter "b" of Art. 26; comments were considered by the Legislative Assembly in Plenary Session of the 18th, both dates, in July this year, as provided in paragraph 3 of Article. 137 of the Constitution, solving accept them on the grounds that the themselves are pertaining.
Casa Presidencial: San Salvador, the ninth day of August in the year two thousand and thirteen.
Published, Carlos Mauricio Funes Cartagena, President of the Republic

Maria Isabel Rodriguez Vda. Sutter, Minister of Health.
Tomo OJ No. 145 No. 400 Date: August 12, 2013 JQ