Protection of Breast Feeding and Child Nutrition Ordinance, 2002

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PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION 
ORDINANCE, 2002 
 
              
 
CONTENTS 
CHAPTER I 
 
INTRODUCTORY 
 
1.  Short title, extent and commencement 
2.  Definitions 
CHAPTER II 
 
ADMINISTRATION 
3.  National Infant Feeding Board and Provincial Infant Feeding Committees. 
4.  Powers and functions of the Board and Provincial Committees 
5.  Meeting of the Board and. Provincial Committees 
6.  Implementation and monitoring 
CHAPTER III 
 
PROHIBITIONS 
7.  Prohibited practices 
8.  Prohibitions and guidance relating to labels of designated products 
CHAPTER IV 
 
INFORMATIONAL AND EDUCATIONAL MATERIALS 
9.  Informational and  educational materials  
10. Health workers and health care facilities 
CHAPTER – V 
 
REGISTRATION OF DESIGNATED PRODUCTS AND QUALITY ASSURANCE 
 
 

  
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11.  Quality assurance 
12.  Investigation and inspection 
13.  Investigation and filing of 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.  Power to delegate 
21.  Overriding effect 
 
 
 
 
  
  
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PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION 
ORDINANCE, 2002 
ORDINANCE XCIII OF 2002 
           [26-10-2002] 
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 Orde r 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 the whole of Pakistan. 
 (3) It shall come into force at once. 
 2. Definitions.___ In this Ordinance, unless there is anything rep ugnant in the subject or 
context,― 
(a) “infant” means a child up to the age of twelve months; 
(b) “young child” mans 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 mea ns 
whatsoever for the purpose of promoting sale or use of .a designated product; 
(d) “Board” means the National Infant Feeding Board constituted under section 3; 
(e) “container”  means any form of packaging of adesignated product for sale as a 
retail unit; 
(f) “designated product” means— 
  
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(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 Federal Govern ment may, by notification in the 
official Gazette, declare to be a designated product for the purposes of this 
Ordinance; 
(g) “complementary food” means any ford suitable as an addition to breast milk or 
to a breast milk substitute  when either becomes  in sufficient  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   recommende d  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; 
(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  centre,  nursery  and 
any  other  child-care institution; 
(o) “health professional” means a medical practitioner, nurse, nutrition ist or such 
other persons  as  the  Federal  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 
  
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professional,   homeopath   practitioner,   hakim,   nurse.   midwife, traditiona l 
birth attendant,, pharmacist, - dispensed chemist,  nutritionist, hospital  
administrator or employee,  whether  professional  or not  whether paid or not, 
and any other person providing such services as the Federal Government tray  
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, stenciled, 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  label ling 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,  cooperative,  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 
us 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) “Provincial Committee ” means a Provincial Infant Feeding Committee 
constituted udder section 3; 
(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 
 
 3. National Infant Feeding Board and Provincial Infant Feeding Committees.― (1) The 
Federal Government shall, by notification in the official Gazette, constitute a National Infant Feeding 
Board. 
 (2) The Board shall consist of a Chairperson , a Secretary and not more than such number of 
members as the Federal Government may prescribe: 
  
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 Provided that not less than half of the total number of members of the Board shall comprise of 
such persons who are professional qualified with respect to infant and young child nutrition and at 
least one member of the Board shall be selected from the industry involved in the manufacturing   and 
marketing of designated products. Secretary of the Provincial Health Department or his nominee shall 
be ex-officio member of the Board- 
 (3) A Provincial Government shall, by notification in the official Provincial Gazette, constitute 
a Provincial Infant Feeding Committee for a Province. 
 (4) Subject to subsection ( 5), a Provincial Infant Feeding Committee shall consist of a 
Chairperson   and not more than, such number  of members as the Provincial  Government may 
prescribe: 
 Provided  that  not  less  than  half  of  the  total  number  of  members  of  a Provincial 
Committee shall comprise of such persons who are professional qualified with respect to infant and 
young child nutrition and at least o ne member shall be selected from industry involved in the 
manufacturing and marketing of designated products. 
 (5) The  Federal  Government  shall  nominate  the  members  of  the  Board  and  a Provincial 
Government shall nominate the members of a Committee, who shall hold office for a term as may be 
prescribed by the respective Governments. 
 4. Powers and functions of the Board and Provincial Committees.___The following shall be 
the powers and functions of the Board in the case of the Federal Government a nd a Provincial 
Committee in the case of a Provincial Government, namely:— 
(a) To receive, reports of violations of 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 
materials on the topic of infant feeding and recommend continuing education  
courses for health workers on topics related to this Ordinance; 
(d) to advise the Federal Government,  and the Provincial Governments on national 
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 prov incial education campaigns, and  to organize health 
education on the same for health workers and general public; and 
(e)  to propose guidelines to the Federal Government or to a Provincial 
Government. as the case may be in respect of matter specified in clause (d). 
 5. Meeting of the Board and. Provincial Committees. ___The Secretary of the Board or, as 
the case may be, a Provincial Committee, shall call meetings of the Board or a Provincial Committee, 
as the case may be, at the direction of the Chairperson, and maintain minutes of such meetings. 
 6. Implementation and monitoring.___ The Federal Government tray give such directions to 
a Provincial Government as tray appear to it to be necessary for carrying into effect in a Province any 
of the provisions of this Ordinance or of the rules or any order or direction made thereunder or for 
achievement of uniformity in respect of any matter related thereto in different parts of Pakistan. 
  
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____________ 
CHAPTER III 
 
PROHIBITIONS 
 
 7. Prohibited practices. ___(1) No person shay 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 manufacturer 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 or a Provincial Committee, as the case may be, 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  Pakistan  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 Federal Government: 
 Provided that for any designated product already being sold in Pakistan, a manufacturer or 
distributor shall  provide for the label of such product within one hundred and eighty days of its 
approval in the manner as may be prescribed. 
 (2) Label of a designated products shall be designed so as not to discourage breast- feeding 
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. 
  
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 (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 “materialized” 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 Federal 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. 
  
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 (2) Health workers shall not accept, or give samples of any designated product to any, person,  
particularly  pregnant  women,  mothers  of  i nfants  and  young  children;  or members of their 
families. 
 (3) Health workers and their Association shall not promote in any way whatsoever, any 
designated product. 
 (4) Health workers falling within the jurisdiction of the Federal Government shall  make in 
writing a report to the Board, and in all other cases to a concerned Provincial Committee 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 Federal Government,- or a Provincial Government, as the 
case may be, 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 Pakistan  unless it is formulated  industrially  in accordance with  the  standards  
recommended  by the  Codex  Alimentarus  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  or  a  Provincial  Committee,  as  the  case  may  be,  may  require  an Inspector 
or any other person invested with powers under this Ordinance to test any designated product sold in 
Pakistan in order to determine whether it is fit for human consumption. 
 (3) A designated product that does not meet the standards for use in the country of manufacture 
shall not be sold in Pakistan. 
 (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 Federal 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 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, or a Provincial Committee, as the case 
may be. 
 13. Investigation and filing of 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 
  
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or a Provincial Committee, as the case may be shall recommend to the Federal Government whether 
or not 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 Federal Government, or any  other  person  as  
the  Federal  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 subsection (1). 
 15. Public enforcement.― (1) Any person whomsoever may make an application in writing 
to the Board or d Provincial Committee concerning contravention of any of the provisions of this 
Ordinance or the rules. 
 (2) In the event an investigation reveals an offence, the Board or a Provincial Committee, as 
the case may be, 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 or a Provincial Committee, as 
the case may be, and after giving such person an opportunity of being heard, tray recommend to the 
Federal 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?, subsection (1) of section 8, subsections (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. 
 
  
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 19. Power to make rules.___(1) The Federal Government may, by notification in the official 
Gazette, make rules for carrying out the purposes of this Ordinance. 
 (2) A Provincial Government may, by notification in the official Provincial Gazette, made 
rules for the administration of a Provincial Committee in a Province. 
 20. Power to delegate. ___The Federal Government may delegate any of .the functions and its 
powers under this Ordinance to a Provincial Government. 
 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. 
_____________