THE PROTECTION OF BREAST-FEEDING AND
CHILD NUTRITION ORDINANCE, 2002
(XCIII OF 2002)
C O N T E N T S
Section Heading
Chapter I
Introductory
1. Short title, extent and commencement.
2. Definitions.
Chapter II
Administration
3.
4. Powers and functions of the Board.
5. Meeting of the Board.
6. [Omitted].
Chapter III
Prohibitions
7. Prohibited practices.
8. Prohibition and guidance relating to labels of designated products.
Chapter IV
Informational and
Educational Materials
9. Informational and educational material.
10. Health workers and health care facilities.
Chapter V
Registration of Designated
Products
and Quality Assurance
11. Quality assurance.
12. Investigation and inspection.
13. Investigation and filing of a case.
14. Appeal.
15. Public enforcement.
Chapter VI
Penalties and Procedures
16. Revocation or suspension of license, etc.
17. Penalties.
18. Responsibility of an individual for the act of a company, corporation, partnership or an institution.
19. Power to make rules.
20. [Omitted].
21. Overriding effect.
[1]THE
PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002
(XCIII OF 2002)
[26 October 2002]
An Ordinance to provide for protection of
breast-feeding
and nutrition for
infants and young children.
WHEREAS it is expedient to ensure safe and adequate
nutrition for infants and young children by promoting and protecting
breast-feeding, and by regulating the marketing and promotion of designated
products including breast milk substitutes, and of feeding bottles, valves for
feeding bottles, nipple shields, teats and pacifier and to provide for matters
connected therewith or ancillary thereto;
AND WHEREAS the President is satisfied that
circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of
Emergency of the fourteenth day of October, 1999, and the Provisional
Constitution Order No. 1 of 1999, read with the Provisional Constitution
(Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in
that behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance:-
Chapter I
Introductory
1. Short title, extent and
commencement.– (1) This Ordinance may be called the
Protection of Breast-feeding and Child Nutrition Ordinance, 2002.
(2) It
extends to [2][whole] of [3][the
(3) It
shall come into force at once.
2. Definitions.– In this Ordinance, unless there is anything
repugnant in the subject or context,–
(a) “infant” means a child
up to the age of twelve months;
(b) “young child” means a
child from the age of twelve months up to the age of two years;
(c) “advertise” or
“advertising” means to make any representation by any means whatsoever for the
purpose of promoting sale or use of a designated product;
(d) “Board” means the [4][
(e) “container” means any
form of packaging of a designated product for sale as a retail unit;
(f) “designated product”
means–
(i) Any milk manufactured, marketed and promoted
for the use of an infant or otherwise represented as a partial or total
replacement for mother’s milk, whether or not it is suitable for such
replacement;
(ii) Any products manufactured, marketed, promoted
or otherwise represented as a complement to mother’s milk to meet the growing
nutritional needs of an infant;
(iii) Any feeding bottle, teat, valve for feeding
bottle, pacifier or nipple shield; and
(iv) Such other
product as the [5][Government] may, by notification in the
official Gazette, declare to be a designated product for the purposes of this
Ordinance;
(g) “complementary food”
means any food suitable as an addition to breast milk or to a breast milk
substitute when either becomes insufficient to satisfy the nutritional
requirements of an infant, also commonly called “weaning food” or “breast milk
and young child supplement”;
(h) “infant-formula”
means an animal or vegetable based milk product manufactured in accordance with
the standards recommended by the Codex Alimentarius Commission and the Codex
Code of Hygienic Practice for Foods for Infants and Children to approximate the
normal nutritional requirements of an infant up to the age of six months;
(i) “feeding bottle”
means any bottle or receptacle marketed for the purpose of feeding an infant or
a young child;
(j) “nipple shield” means
an appliance with a teat for a baby to suck from the breast;
(k) “pacifier” means an
artificial teat for babies to suck, also called “dummy”;
(l) “follow-up formula” means an animal or
vegetable based milk product marketed for infants older than six months or young
child and formulated industrially in accordance with the standards of the Codex
Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for
Infants and Children;
(m) “distributor” means any person engaged in the
business of marketing, whether wholesale or retail, and includes a person
providing product public relations and information services;
[6][(mm) “Government” means
Government of the
(n) “health care
facility” means a Government, non-Government, semi-Government or private
institution or organization, or private medical practitioner engaged, directly
or indirectly, in the provision of health care to infants, young children,
pregnant women or mothers, and includes a day-care center, nursery and any
other child-care institution;
(o) “health professional”
means a medical practitioner, nurse, nutritionist or such other persons as the [7][Government] may, by notification in the
official Gazette, specify;
(p) “health worker” means any person providing
services to infants, young children, pregnant women or mothers as a medical
practitioner, and includes a health professional, homeopath practitioner,
hakim, nurse, midwife, traditional birth attendant, pharmacist, dispensing
chemist, nutritionist, hospital administrator or employee, whether professional
or not, whether paid or not, and any other person providing such services as
the [8][Government] may, by notification in the
official Gazette, specify;
(q) “Inspector” means any
person designated as Inspector under section 12;
(r) “label” means any tag, mark, pictorial or other
descriptive matter which is written, printed, stencilled, marked, embossed,
attached or otherwise appearing on a container;
(s) “manufacturer” means
a person, corporation or other entity engaged or involved in the business of
producing, processing, compounding, formulating, filling, packing, repacking,
altering, ornamenting, finishing and labeling a designated product, whether
directly, through an agent, or through a person controlled by or under an
agreement;
(t) “market” means any
method of introducing or selling a designated product, and includes, but not
limited to, promotion, distribution, advertising, distribution of samples,
product public relations and product information services;
(u) “person” means any
individual, partnership, association, unincorporated organization, company,
co-operative, corporation, trustee, agent or any group of persons;
(v) “prescribed” means
prescribed by rules;
(w) “promote” or
“promotion” means any method of introducing a person to, or familiarizing a
person with, a designated product or inducing a person to buy or use a
designated product, and includes, but not limited to, advertising, offer of
samples or gifts, distribution of literature, public relations and information services
related to a designated product, but does not include any prescription issued
by a medical practitioner based on health grounds;
(x) [9][* * * *
* * * * * * * *]
(y) “rules” means rules
made under this Ordinance; and
(z) “sample” means any
quantity of a designated product provided free of cost.
Chapter II
Administration
[10][3.
(2) The
Board shall consist of a Chairperson, a Secretary, two Members of the
Provincial Assembly of the
Provided that not less than half of the total number of members of the Board shall comprise such persons as are professionally qualified with respect to infant and young child nutrition and at least one member of the Board shall be selected from the industry relating to the manufacturing and marketing of designated products.
(3) The Government shall nominate the members of the Board and they shall hold office for such term as may be determined by the Government or as may be prescribed.]
[11][4. Powers and functions of the Board.– The following shall be the powers and functions of the Board:-
(a) to receive reports of violations of the provisions of this Ordinance or the rules;
(b) to recommend investigation of cases against manufacturers, distributors or health workers found to be violating the provisions of this Ordinance or the rules;
(c) to plan for and co-ordinate the dissemination of informational and educational material on topics of infant feeding and recommend continuing educational courses for health workers for purposes of this Ordinance;
(d) to advise the
Government on policies for the promotion and protection of breast-feeding, and
matters relating to designated products especially infant and young child
nutrition, particularly through national or provincial education campaigns, and
to organize health education on the same for health workers and general public;
and
(e) to propose guidelines to the Government in respect of
matters specified in clause (d).]
[12][5. Meeting of the Board.-
The Secretary of the Board shall call meetings of the Board, at the direction
of the Chairperson, and maintain minutes of such meetings.]
6. [13][*
* * * * * * * * * * *]
Chapter III
Prohibitions
7. Prohibited practices.– (1) No person shall, in any form whatsoever, promote any designated products
except as provided for under this Ordinance.
(2) No
person shall in any manner assert that any designated product is a substitute
for mother’s milk, or that it is equivalent to or comparable with or superior
to mother’s milk.
(3) No
manufacture or distributor shall offer, or make gift or contributions of any
kind, or pay to any extent for any reason whatsoever, or give any kind of
benefit, to a health worker or his family, or any personnel employed, directly
or indirectly, in a health care facility, or any member of the Board [14][* * *] or the employees thereof.
(4) No
manufacturer or distributor shall donate any designated product and equipment
or services related to a designated product free of charge or at low cost to a
health care facility, or offer or give any benefit to a professional
association of medical practitioners for this purpose.
(5) No
person other than a health worker who is not engaged by a manufacturer or
distributor shall instruct any user on the need and proper preparation and use
of any designated product:
Provided that a
manufacturer or distributor may instruct any user on the need and proper
preparation and use of any designated product in accordance with the provisions
of section 8.
(6) No
distributor or manufacturer shall in furtherance of or for the purposes of its
business have contact, directly or indirectly, with general public within a
health care facility.
(7) No
manufacturer, distributor or any person engaged by them shall produce or
distribute any educational or informational material relating to infant and
young child feeding:
Provided that any
educational or informational material relating to a designated product may be
provided by a manufacturer or distributor to a health professional subject to
the prescribed conditions, and that the same shall be restricted to scientific
and factual matters, and shall not imply or create a belief that bottle-feeding
is equivalent or superior to breast-feeding.
8. Prohibitions and guidance
relating to labels of designated products.– (1) No designated product shall be marketed
or sold in [15][the Punjab] unless its
label is in accordance with the provisions of this Ordinance and the rules, and
approved in the manner as may be prescribed by the [16][Government]:
Provided that for any designated product
already being sold in [17][the
(2) Label
of a designated product shall be designed so as not to discourage breastfeeding
and shall provide the necessary information in Urdu about the appropriate use
of such product and the age before which a designated product should not be
used.
(3) Every
container shall have a clear, conspicuous and easily understood message printed
on it, or on a label that cannot become separated from it, which shall be
written in Urdu and if so desired by the manufacturers, in English as well.
(4) The
label shall–
(a) not contain anything
that may discourage breast-feeding;
(b) contain a conspicuous
notice in bold characters in the prescribed height stating the following,
namely:-
“MOTHER’S MILK IS BEST FOOD FOR YOUR BABY AND HELPS IN PREVENTING
DIARRHOEA AND OTHER ILLNESSES”;
(c) instead of or in
addition to the notice specified in clause (b), contain any other message as
may be prescribed with respect to any designated product;
(d) neither uses expression such as “maternalized” or
‘‘humanized’’ or equivalent nor contains any comparison with mother’s milk.
(e) not show photographs, drawings or graphics except that
graphics may be used to illustrate the correct method of preparation;
(f) contain the name and
address of manufacturer and of wholesale distributor if a designated product is
an imported item; and
(g) except for bottles, teats, pacifiers and
nipple shields, contain appropriate instructions in Urdu for the correct
preparation in words and easily understood graphics, and indicate the
ingredients, composition and analysis of a designated product, required storage
conditions, batch number and expiry date, and contain any warning as may be
prescribed for the implementation of this Ordinance in characters of the
prescribed height in Urdu or regional languages.
Chapter IV
Informational and Educational
Materials
9. Informational and educational
materials.– (1) Any person who produces or distributes
any informational and educational materials referred in this section shall
submit copies thereof to the Board as may be prescribed.
(2) Informational
and educational materials, whether written, audio or visual, which refer to
infant feeding shall contain only correct information and shall not use any
pictures, graphics or text that encourage bottle-feeding or discourage
breast-feeding.
(3) The [18][Government] shall, in
consultation with the Board, arrange for and approve the dissemination of
objective and consistent informational and educational materials on infant and
young child feeding, excluding medical literature and may, by notification in
the official Gazette, publish such instructions, guidelines or policies as it
deems necessary or appropriate, for the purposes of producing and distributing
informational and educational materials.
10. Health workers and health care facilities.– (1)
Health workers shall encourage, support and protect breast-feeding. They shall
be expected to know the provisions of this Ordinance, in particular, any
instructions, guidelines or policies published under section 9, and to
implement the same whenever possible.
(2) Health
workers shall not accept or give samples of any designated product to any
person, particularly pregnant women, mothers of infants and young children, or
members of their families.
(3) Health
workers and their Associations shall not promote in any way whatsoever, any
designated product.
(4) Health workers falling within the jurisdiction of the [19][Government] shall make
in writing a report to the Board, [20][* * *] any offer of a gift
or other financial benefit made by a manufacturer or distributor or any other
contravention of the provisions of this Ordinance or the rules, noticed by
them.
(5) There
shall be kept posted in every health care facility in Urdu and English, and in
such other language as may be deemed appropriate by the health care facility,
such abstracts of this Ordinance as may be prescribed by the [21][Government], [22][* * *] for this purpose.
Chapter V
Registration of Designated Products and Quality
Assurance
11. Quality assurance.– (1) No designated product shall be
manufactured, sold or otherwise distributed in [23][the Punjab] unless it is formulated
industrially in accordance with the standards recommended by the Codex
Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for
Infants and Children, and in addition, shall meet such applicable standards
specified in this Ordinance and the rules.
(2) The Board [24][* * *] may require an
inspector or any other person invested with powers under this ordinance to test
any designated product sold in [25][the
(3) A
designated product that does not meet the standards for use in the country of
manufacture shall not be sold in [26][the
(4) A
designated product that has reached the expiry date shall not be marketed, sold
or distributed.
(5) A designated product shall be sold only in the original container
in order to prevent quality deterioration, adulteration or contamination
thereof.
12. Investigation and inspection.– (1) The [27][Government] may designate any number of
persons professionally qualified with respect to infant and young child
nutrition as Inspector to conduct inspection and investigation and prosecution
for the purposes of this Ordinance, and to monitor compliance with the
provisions of this Ordinance.
(2) After
an inspection for purpose of this Ordinance, an Inspector shall refer the case,
and if so required, provide one portion of the sample of a designated product,
or the whole of a designated product if it is such that it cannot be divided,
to the Board [28][* * *].
13. Investigation and filing of a
case.– (1) Upon completion of an investigation and receipt
of a complete report and after giving the concerned party an opportunity of
being heard, the Board [29][* * *] shall recommend
to the [30][Government] whether or
not to institute prosecution under this Ordinance.
(2) No
court shall take cognizance of any offence punishable under this Ordinance
except on a report in writing by an officer authorized by the [31][Government], or any other person as the [32][Government] may, by notification in the
official Gazette, authorize in this behalf.
(3) An offence punishable under this Ordinance shall be non-cognizable.
14. Appeal.– (1) Any person sentenced by a Court under
this Ordinance may prefer an appeal to the High Court within thirty days of the
judgment.
(2) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX
of 1908), shall be applicable to an appeal preferred under sub-section (1).
15. Public enforcement.– (1) Any person whomsoever may make an
application in writing to the Board [33][* * *] concerning contravention of any of the
provisions of this Ordinance or the rules.
(2) In
the event an investigation reveals an offense, the Board [34][* * *] shall follow the procedure specified in
section 13 for recommending prosecution.
Chapter VI
Penalties and Procedures
16. Revocation or suspension of license, etc.– (1) Where
any person, except a medical practitioner, has been found to have contravened
any of the provisions of this Ordinance or the rules, the concerned authority
upon written recommendation of the Board [35][* * *] and after giving such person an
opportunity of being heard, may recommend to the [36][Government] to suspend or cancel, his
license for the practice of his profession or occupation, or for the pursuit of
his business.
(2) In
the case of a contravention involving a medical practitioner registered under
the Medical and Dental Council Ordinance, 1962 (XXXII of 1962), the matter
shall be referred to the Pakistan Medical and Dental Council for further
action.
17. Penalties.– (1) Any manufacturer or distributor who
contravenes the provisions of subsections (1) to (7) of section 7, sub-section
(1) of section 8, sub-sections (1), (3), (4) or (5) of section 11, shall be
punishable with imprisonment for a term which may extend to two years, or with
fine which shall not be less than fifty thousand rupees or more than five
hundred thousand rupees, or both.
(2) Any
person, who contravenes any other provision of this Ordinance, or the rules,
shall be punishable with a fine, which may extend to five hundred thousand
rupees.
18. Responsibility of an individual for the act of
a company, corporation, partnership or an institution.– Where the offence is found to have been
committed by a company, corporation, partnership or an institution, as a result
of an institutional or operational instructions issued by it or implemented by
it, the company, corporation, partnership or the institution may be found
guilty in addition to the individuals directly responsible for the commission
of such offence.
[37][19. Power
to make rules.– The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.]
20. [38][* * * * * * * * * * * *]
21. Overriding effect.– The provisions of
this Ordinance shall have effect notwithstanding anything to the contrary
contained in any other law for the time being in force.
[1]In pursuance of the Proclamation
of Emergency of the fourteenth day of October, 1999, and the Provisional
Constitution Order No.1 of 1999, read with the Provisional Constitution
(Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in
that behalf, the President of the Islamic Republic of Pakistan promulgated this
Ordinance, which was published in the Gazette of Pakistan, Extraordinary Part
I, 26th October, 2002.
This Ordinance was originally in the Federal
ambit, however, the subject on which this law was enacted devolved to the
provinces by virtue of 18th Amendment in the Constitution, hence it was adapted,
with amendments, for the province of the Punjab by the Punjab Protection of
Breast-Feeding and Child Nutrition (Amendment) Act 2012 (XVI of 2012).
[2]Substituted
for the words “the whole” by the Punjab Protection of Breast-Feeding and Child
Nutrition (Amendment) Act 2012 (XVI of 2012).
[3]Ibid., for the word “
[4]Substituted
for the word “National” by the Punjab Protection of Breast-Feeding and Child
Nutrition (Amendment) Act 2012 (XVI of 2012).
[5]Ibid., for the words “Federal
Government”.
[6]Inserted by the Punjab Protection of Breast-Feeding and Child Nutrition
(Amendment) Act 2012 (XVI of 2012).
[7]Substituted ibid., for the words “Federal Government”.
[8]Ibid.
[9]Omitted by the Punjab Protection of Breast-Feeding and Child Nutrition
(Amendment) Act 2012 (XVI of 2012).
[10]Substituted ibid.
[11]Ibid.
[12]Substituted by the Punjab Protection of Breast-Feeding and Child
Nutrition (Amendment) Act 2012 (XVI of 2012).
[13]Section 6 “Implementation and
Monitoring” omitted ibid.
[14]The words and commas “or a Provincial Committee, as the case may
be,” omitted ibid.
[15]Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child
Nutrition (Amendment) Act 2012 (XVI of 2012).
[16]Ibid., for the words “Federal
Government”.
[17]Ibid., for the
word “
[18]Substituted
for the words “Federal Government” by the Punjab Protection of Breast-Feeding
and Child Nutrition (Amendment) Act 2012 (XVI of 2012).
[19]Substituted
for the words “Federal Government” by the Punjab Protection of Breast-Feeding
and Child Nutrition (Amendment) Act 2012 (XVI of 2012).
[20]The words and comma “and in all other cases to a concerned
Provincial Committee,” omitted ibid.
[21]Substituted ibid., for the words “Federal Government”.
[22]The words and commas “or a Provincial Government, as the case may
be,” omitted ibid.
[23]Substituted ibid., for
the word “
[24]The words and commas “or a Provincial Committee, as the case may
be,” omitted by
the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act
2012 (XVI of 2012).
[25]Substituted ibid., for the word “
[26]Ibid.
[27]Ibid., for the words “Federal
Government”.
[28]The words and commas “, or a Provincial Committee, as the case may
be,” omitted ibid.
[29]Ibid.
[30]Ibid., for the words “Federal
Government”.
[31]Ibid.
[32]Ibid.
[33]The words “or a Provincial Committee”
omitted by the Punjab
Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (XVI of
2012).
[34]The words and commas “or a Provincial Committee, as the case may
be,” omitted ibid.
[35]Ibid.
[36]Ibid., for the words “Federal
Government”.
[37]Substituted by the Punjab Protection of Breast-Feeding and
Child Nutrition (Amendment) Act 2012 (XVI of 2012).
[38]Section
20 “Power to Delegate” omitted ibid.