Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A9: SPS measures n.e.s. 

Date when the measure came into force

17 July 1998 

Publication where the measure is specified

Statutory Instrument 46 of 1998 

Regulation where the measure is specified

Public Health (Breast-milk Substitutes and Infant Nutrition) Regulations, 1998 

Country/Region applying the measure

Zimbabwe 

The rationale of the measure

Not specified in the regulations 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

9 (1) Subject to section 10, no manufacturer or distributor of a designated product shall employ any person to provide pregnant women or mothers of babies and young children or any other member of the public with education or instruction regarding-
(a) the use of a designated product; or
(b) the nutrition of babies and young children generally.
10. (1) No manufacturer or distributor of a designated product shall publish or cause or permit to be published any informational or educational material on baby and young child nutrition-
(a) unless the material has been approved by the Committee in terms of section 11; and
(b) where the material has been so approved, except in accordance with any conditions imposed by the Committee in terms of section 11.
Prohibition of general advertising of designated products
16. (1) Subject to subsections (2) and (3), no person shall import, publish or cause to be published, including on the internet any advertisement for any designated product in such a manner that the public or any section is likely to see, read or hear such an advertisement.
(2) Nothing in subsection (1) shall prevent –
(a) the publication of any advertisement, informational or educational material on infant nutrition that has been approved by the Committee in terms of section 11; or
(b) the marketing of designated products in accordance with these regulations.
Prohibition of sales promotions of designated products
17. (1) No distributor of a designated product shall-
(a) display the designated product to customers in a manner or place other than the manner in which or place where he normally displays his merchandise for sale; or
(b) provide customers with coupons or other documents allowing them a discount on the purchase price of the designated product; or
(c) sell the designated product to the public at a price that is lower than eighty per centum of the cost to him of purchasing or manufacturing the designated product; or
(d) provide any designated product free of charge or at a reduced price to customers who purchase any other product; or
(e) engage in any other activity designed to increase the sales of the designated product.
(2) No person shall distribute for sale, sell, stock or exhibit for sale any designated product-
(a) which has expired; or
(b) in a container other than its original container.
(3) There should be clean separation of designated and non- designated products when displayed for sale.
Prohibition of promotion of designated products within health care facilities or by health workers
18. (1) No person shall, within any health-care facility-
(a) publish any advertisement for a designated product; or (b) display any placard or poster depicting or intended to promote a designated product.
(2) No manufacturer or distributor of a designated product shall offer or give to any health worker, or to any member of the family of a health worker, any gift or benefit, financial or material inducement of any description, including pens, calendars, posters, note pads, growth charts or toys for the purpose.
(3) No manufacturer or distributor of a designated product shall donate designated products and other articles, utensils, equipment or services to any health-care facility except with the approval of the Secretary.
(4) No person in charge of a health-care facility shall employ any other person or cause or permit any other person to be employed in the health-care facilities on duties which bring such other person into direct contact with babies and young children, pregnant women or mothers of babies and young children, if the salary or wages of such other person are paid, wholly or partly, by a manufacturer or distributor of a designated product.
(5) Any offer of a sample, gift, donation or other benefit made to a health worker or health-care facility in contravention of these regulations shall be reported to the Committee in writing.
(6) The onus of proving that any donation or benefit was not given for the purpose of promoting or inducing the use of a designated product shall lie with the distributor or manufacturer.

DONATIONS, SAMPLES AND SPECIAL OFFERS OF DESIGNATED PRODUCTS
Restriction on donations, samples and reduced-price sales of designated products
19. (1) Subject to subsection (2), no manufacturer or distributor of a designated product shall supply to any person or cause or permit to be supplied to any person-
(a) any quantity of the designated product; or
(b) any utensil or article which is likely to promote bottle- feeding or the use of the designated product;
free of charge or at a price lower than eighty per centum (as inspected) price at which he normally sells the designated product, utensil or article.
(2) Subsection (1) shall not prevent a manufacturer or distributor supplying samples of any designated product, utensil or article at the time the product is launched-
(a) to an institution or organization for the purpose of professional analysis, evaluation or research; or
(b) to a distributor of the designated product, utensil or article concerned or to a person who is about to become such a distributor; or
(c) to any person in accordance with the written permission of the Secretary granted in terms of section 21. .
Restriction on giving of samples of designated products by health workers
20. (1) Subject to subsection (2), no health worker shall supply, free of charge, any designated product to any pregnant woman or mother of an infant or to any member of the family of such woman or mother for her use.
(2) Subsection (1) shall not prevent a health worker supplying a designated product-
(a) in accordance with any health-care scheme conducted by or with the approval of the Ministry; or
(b) in accordance with any written permission of the Secretary granted in terms of section 21.
Power of Secretary to permit donation and supply of designated products and utensils
21. (1) Subject to this section, the Secretary may, in writing permit any manufacturer, distributor or health worker to supply any designated product, utensil or article, the supply of which would otherwise be prohibited by section 19 or 20.
(2) The Secretary shall not grant permission in terms of subsection (1) for-
(a) the supply of any donation of a breast-milk substitute or complementary food unless he is satisfied that-
(i) the supply of the breast-milk substitute or complementary food is necessitated by a medical condition of the infant or mother;
(ii) the breast-milk substitute or complementary food is to be fed to orphaned infants, infants in orphanages, abandoned infants during disaster or other relief operations; or
(iii) the breast-milk substitute or complementary food is intended for infants in cases of multiple births;
(b) the supply of any utensil or article unless he Is satisfied that the utensil or article does not bear the proprietary or brand name of any designated product.
(3) Where permission has been granted for the donation of any breast-milk substitute or complementary food in respect of an infant who is not within a health-care facility-
(a) the supplies shall be for so long as the infant requires them; and .
(b) the care providers of the infants shall receive appropriate training to prevent the health hazards from improper use of the products.
(4) The Secretary may impose such written conditions as he thinks fit on any permission granted in terms of subsection (1).
(5) The Secretary may at any time for good cause, after giving any person concerned an opportunity to make representations thereon-
(a) amend any term or condition of any permission granted in terms of subsection (1); or
(b) revoke any permission granted in terms of subsection (1).
(6) The Secretary shall inform the Committee before granting or, revoking any permission or imposing or amending any condition in terms of this section.
(7) The Secretary may in writing delegate any of his functions under this section to the District Medical Officer of Health, the Provincial Medical Officer of Health or any other officer of health designated by him.
MARKETING PERSONNEL
Restriction on access to pregnant women and mothers of babies and young children
22. (1) No person who is employed by a manufacturer or distributor of a designated product and whose duties as such an employee involve marketing the designated product shall-
(a) in any health-care facility, seek or obtain access to any pregnant woman or mother of a baby or young child for the purpose of supplying her with or encouraging her to use the designated product; or
(b) instruct any pregnant woman or mother of a baby or young child in any matter relating to the nutrition or feeding of infants, for the purpose of supplying her with or encouraging her to use the designated product; or
(c) solicit any pregnant woman or mother of a baby or young child anywhere to use the designated product:
(2) In any prosecution for an offence in terms of subsection (1), if it is proved that an employee of a manufacturer or distributor of a designated product- .
(a) in anyone day-
(i) had access in anyone health-care facility to three or more women who were either pregnant or are mothers of babies or young children; or
(ii) gave instruction in any matter relating to the nutrition or feeding of babies to three or more women who were either pregnant or mothers of babies;
it shall be presumed until the contrary is shown that his duties involved the marketing of the designated product and that he obtained the access or gave the instruction, as the case may be, for the purpose of supplying the women with or encouraging them to use the designated product;
(b) solicited any pregnant woman or mother or a baby or young child to use the designated product concerned, it shall be presumed until the contrary is shown that his duties involved marketing the designated product.
Prohibition of bonuses and quotas in relation to sales of designated products
23. (1) No manufacturer or distributor of a designated product shall pay to any employee whose duties involve marketing the designated product-
(a) remuneration which varies directly according to the volume of sales of the designated product; or
(b) any bonus or similar incentive calculated directly according to the volume of sales of the designated product.
The bonuses and calculation of bonuses issued to employees whose duties involve marketing the designated products should be made available to the Minister on written request within thirty days.
(2) No manufacturer or distributor of a designated product shall require any employee, as a condition of his continued employment in the same post, to sell a specified minimum quantity or value of the designated product.
QUALITY STANDARDS
Standards of quality of breast-milk substitutes and complementary goods
24. (1) No person shall manufacture or market any breast-milk substitute or complementary food unless it complies with the applicable standards recommended-
(a) by the Codex Alimentarius Commission; or
(b) in the Codex Code of Hygienic Practice for foods for Infants and Young Children;
in relation to such breast-milk substitute or complementary food.
(2) The Secretary shall ensure that copies of documents containing all applicable standards referred to in subsection (1) are kept at the offices of the Ministry of Health and Child Welfare and are available for inspection there by any person, free of charge, during office hours.
(3) In any prosecution for an offence in terms of subsection (1), any document which purports to have been certified by the Secretary and to set out applicable standards referred to in subsection (1) shall be admissible on its production by any person and be prima facie proof of the matters contained in it. 

Reference of the measure

Article 9 , 10 (1) , 16 -22 and 24 

Measure also domestic

Yes 

Products affected by the measure.

Description

(i) infant formula; (starter or stage 1 or from 0-6 months or from birth) or
(ii) follow-up formula (stage 2 or 6 – 12 months or 6 months onwards ), beverage, milk and other food for consumption by babies and young children whether industrially formulated or otherwise; or
(iii) any other product marketed or otherwise represented as being suitable .for feeding babies and young children; or
(iv) feeding article; or
(v) articles generally known as pacifiers; or
(vi) other product which the Minister may, from time to time, declare to be a designated product. 

Countries/Regions affected by the measure.

Description

All countries