Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A69: Other requirements relating to production or post-production processes not elsewhere specified 

Date when the measure came into force

17 June 2005 

Publication where the measure is specified

Laws of Botswana Chapter 65:05 Food Control 

Regulation where the measure is specified

Marketing of Foods for Infants and Young Children Regulations 

Country/Region applying the measure

Botswana 

The rationale of the measure

No specific objective stated 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

8. Promotion, advertisement, etc., prohibited
(1) For the purposes of this regulation, "promote" includes—
(a) any direct or indirect method of introducing a designated product or encouraging the
buying or use of a designated product;
(b) sale devices such as rebates, special displays to promote sales, tie-in sales, loss
leaders, grant of rewards, discount coupons, premiums, special sales, prizes, gifts and
giving of samples to mothers;
(c) direct or indirect contact between marketing personnel and members of the public in
furtherance of or for the purpose of promoting the business of designated products and
indirect contact includes television and radio, telephone or internet help lines, mother
and baby clubs and baby competitions;
d) electronic communication including website, internet and electronic mail;
(e) promotional items such as clothing, stationery or items that refer to a designated
product or to a brand name of a designated product;
(f) outdoor advertisements such as billboards;
(g) placard and newspaper or magazine inserts;
(h) practices that create an association between a manufacturer or distributor and
breastfeeding.
(2) No person shall—
(a) promote or cause to be promoted, foods for infants and young children or other
designated products;
(b) engage in promotional activities of any designated product;
(c) publish or cause to be published any advertisement for any designated product;
(d) advertise or cause to be advertised any designated product.
(3) No manufacturer or distributor shall—
(a) distribute or cause to be distributed any information or educational material relating to
infant or young children nutrition or feeding, except in accordance with these
regulations.
(b) offer or give or cause to be offered or given, any benefit to a health worker, including,
fellowships, study grants, funding for attendance of meetings, seminars, continuing
education or conferences;
(c) fund any research, clinical or otherwise, carried out by any health worker on any
designated product, except in accordance with a protocol approved by the relevant
authority in writing;
(d) directly or indirectly, provide any support, financial or otherwise, to any health worker;
(e) employ any person to provide to health workers in health care facilities, pregnant
women or mothers of infants and young children or any person with education or
instructions regarding the use of a designated product;
(f) sell, donate or distribute or cause to be sold, donated or distributed in a health care
facility, any—
(i) equipment, materials or any other services with any reference to any designated
products or contain the name or logo of any manufacturer or distributor of any
designated product,
(ii) foods for infants and young children or other designated products at a price lower
than the published wholesale price or in the absence of such price, lower than 80
per cent of the retail price.
(g) calculate a bonus payment based on the volume of sales of any designated product; or
(h) set a quota for the sale of any designated product as a sales incentive. 

Reference of the measure

Paragraph 8 

Measure also domestic

Yes 

Products affected by the measure.

Description

(a) infant formula;
(b) formulas for special medical purposes intended for infants;
(c) follow-up formula;
(d) complementary foods;
(e) beverages for infants and young children;
(f) any product marketed or otherwise presented as suitable for feeding infants and young
children;
(g) feeding bottles;
(h) teats;
(i) pacifiers or dummies;
(j) breast pumps;
(k) cups with spouts or similar receptacles for feeding infants and young children
any other product marketed or otherwise represented as suitable for feeding infants
and young children; 

Countries/Regions affected by the measure.

Description

Entire world