Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A31: Labelling requirements 

Date when the measure came into force

13 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

LABELLING OF DESIGNATED PRODUCTS
Labels of designated products to be approved
12. (1) No person shall market any designated product unless the label thereof has been approved by the Committee in terms of section 13.
(2) Subsection (1) shall not apply in relation to any designated product which was manufactured and covered, enclosed or packed in its container before the date of commencement of these regulations.
(3) In any prosecution for an offence in terms of subsection (1), the burden of proving that the designated product concerned was manufactured and covered, enclosed or packed in its container before the date of commencement of these regulations shall lie upon the person charged.
Screening of labels by Committee
13. (1) Any person who wishes the Committee to approve any label may apply in writing for such approval to the Committee at the offices of the Nutrition' Unit of the Ministry of Health and Child Welfare, and shall submit with his application a specimen of the label concerned.
(2) Within thirty days after receiving an application in terms of subsection (1), the Committee shall examine the label concerned and may choose to:
(a) approve it, either absolutely or subject to conditions; or (b) refuse to approve it;
and shall notify the .applicant in writing of its decision and, where it has refused to approve a label, of its reasons.
(3) The Committee shall not, in terms of subsection (2), approve the label of a designated product unless-
(a) it is as simple and as clear as possible in Shona, English and Ndebele; and
(b) the Committee is satisfied that it provides sufficient information about the appropriate use of the product and that it does not-discourage breast-feeding; and
(c) the Committee is satisfied that the label adequately specifies-
(i) the ingredients used; and
(ii) the composition and nutrient content or analysis of the product; and
(iii) the storage conditions required for the product; and
(iv) the batch number; and
(v) the date before which the product should be consumed under specified storage conditions and presented in manner stipulated in accordance with the Foods and Foods Standard Act [Chapter 15:04]; and
(vi) that the designated product is supplementary to breast-milk; and
(vii) the appropriate age of introduction; and
(viii) prominently and in bold, conspicuous, non-serif characters of not less than ten-point size, in black against a white background, that "Breast-milk is the best food for your baby. It protects against diarrhoea and other illnesses."; and
(ix) the manufacturer's name and physical address; and
(d) in the case of a designated product which does not meet all the requirements for infant formula but which can be modified to do so, the Committee is satisfied-
(i) that the label carries a clear and adequate warning that the unmodified product should not be the sole source of nourishment for a baby; and
(ii) where the label carries instructions for modifying the product into infant formula or ether breast- milk substitute, the label, complies with the requirements specified for labels of infant formula or other breast-milk substitutes; and
(e) in the case of a cereal marketed as a complementary food, the label carries an exhortation to continue breast- feeding a child upto two years and beyond; and
(f) the Committee is satisfied that-
(i) the label, or the portion thereof that bears the matter specified in subparagraph (ii) will be printed on the container or will not be easily separable therefrom; and
(ii) the following matter is clearly printed in black against a white background on the label and in an understandable form-
A.the words "Important Notice" in bold characters of not less than ten-point size in black against a white background; and
B.a statement on the superiority of breast- feeding; and
C. a statement that the designated product should be used only after seeking the advice of a health worker as to the need for and proper use of the product; and
D.instructions for its proper preparations; and
E. a warning concerning the health and other hazards of improper preparations;
and
(iii) the label does not bear pictures of infants; and (iv) the terms "humanized", "maternalized" and similar terms are not used; and
(v) having regard to the designated product concerned, the label bears, as may be appropriate, a prominent notice in bold, conspicuous, non-serif characters of not less than eight-point size black against a white background stating "To avoid illness of your baby, follow the preparation instructions carefully. Do not use more or less quantities than indicated. Cup feeding is safer than bottle feeding. If you use a feeding bottle, your baby may reject the breast." and
(vi) in the case of infant formula, the label indicates the number of containers necessary to feed a baby during the first six months of life exclusively on the infant; and
(g) in the case of feeding articles and pacifiers, the label bears a notice in bold conspicuous characters of not less than eight-point size in black against a white background stating, as may be appropriate that "The use of a feeding bottle/feeding cup/pacifier interferes with breastfeeding."
Appeals against decisions of Committee
14. (1) Any person who is aggrieved by a refusal of the Committee or by any conditions imposed by the Committee in terms of section 11 may appeal in writing to the Minister within thirty days of being notified by the Committee of its decision.
(2) On any appeal being made to him in terms of subsection (1), the Minister, after making such inquiry into the matter as he deems necessary, may-
(a) uphold the decision appealed against; or
(b) set aside the decision' appealed against in whole or in part and make such decision in its place as he thinks appropriate;
and any such decision of the Minister shall, for the purposes of these regulations, be deemed to be the decision of the Committee .
(3) The decision of the Minister in terms of subsection (2) shall be made within ninety days of the date of the appeal.
Requirements for labels of sweetened condensed milk, and dried skimmed milk, evaporated milk, whole cows milk or low fat milk
15. (1) No person shall market any sweetened condensed milk, dried skimmed milk, evaporated milk, whole cows milk or low fat milk the label of which contains purported instructions on how to modify the milk concerned for use as-
(a) an infant food; or
(b) as an ingredient of infant formula.
(2) The label of every container of –
(a) any sweetened, condensed , dried, skimmed, evaporated or low fat, milk shall bear a notice, as specified in the Schedule, in eighteen –point bold upper case non-serif characters in black against a white background and inside borders stating “Unfit for babies” as well as the same statement in vernacular (read annex on Labels);
(b) any whole cow’s milk shall bear a notice, as specified in the Schedule, in eighteen –point bold upper case non-serif characters in black against a white background and inside borders stating “Unfit for babies unless modified in accordance with the advice of a health practitioner or a nutritionist”.
(3) This section shall be additional to, and not in substitution for the requirements of any other enactment relating to the labeling of food and dairy produce. 

Reference of the measure

Articles 12 -15 

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.

as well as

sweetened condensed milk, and dried skimmed milk, evaporated milk, whole cows milk or low fat milk 

Countries/Regions affected by the measure.

Description

All countries