KSC.JUSNREM · Research platformLegislation as Code
Explore Legis-Intel
Punjab · Ordinance · 2002

PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002

Stored extracted text; legal completeness and current force have not been independently established. Inspect source and version details

Reading view reduces excess blank space and hides page extraction markers. Original text and downloads are retained.

Reading layout follows the stored source. Open the original transcription below to compare wording and extraction details.

THE PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002 (XCIII of 2002)

TEXT 1THE PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002 (XCIII of 2002) [26th 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

Section 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 Punjab].

(3) It shall come into force at once.

Section 2. Definitions

In this Ordinance, unless there is anything repugnant in the subject or context,–

1In 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., pages 1545-1552.

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); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155.

2Substituted for the word “the whole” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.3.

3Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.3.

(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[Punjab] Infant Feeding Board constituted under section 3;

(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";

4Substituted for the word “National” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4.

5Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

(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 Punjab;]

(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;

6Inserted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4.

7Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

8Ibid.

(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;

9[(x) * * * * * * * * * * * ]

(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] Section 3. Punjab Infant Feeding Board

(1) The Government shall, by notification in the official Gazette, constitute the Punjab Infant Feeding Board.

(2) The Board shall consist of a Chairperson, a Secretary, two Members of the Provincial Assembly of the Punjab and not more than such number of members as the Government may determine or as may be prescribed:

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] Section 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;

9Omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4.

10Substituted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.5.

11Ibid., s.6.

(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] Section 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.]

[13] Section 6. Omitted

* * * * * * * * * * * * ]

CHAPTER III

PROHIBITIONS

Section 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 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 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.

12Ibid., s.7.

13Omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.8.

14The words “or a Provincial Committee, as the case may be,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.9.

(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.

Section 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 Punjab], 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 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

15Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.10.

16Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

17 Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.10.

(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

Section 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.

Section 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

18Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

19Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

20The words “and in all other cases to a concerned Provincial Committee,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.11.

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

Section 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 Punjab] 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 26[the Punjab].

(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.

Section 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[****].

21Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

22The words “or a Provincial Government, as the case may be,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.11.

23Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.12.

24The words “or a Provincial Committee, as the case may be,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.12.

25Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.12.

26Ibid.

27Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

28The words “or a Provincial Committee, as the case may be” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.13.

Section 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.

Section 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 judgement.

(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).

Section 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

Section 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.

29The words “or a Provincial Committee, as the case may be,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.14.

30Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

31Ibid. 32Ibid. 33The words “or a Provincial Committee” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.15. 34The words “or a Provincial Committee, as the case may be,” omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.15. 35Ibid., s.16.

36Substituted for the word “Federal Government” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2.

Section 17. Penalties

(1) Any manufacturer or distributor who contravenes the provisions of sub-sections (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.

Section 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] Section 19. Power to make rules

The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.]

[38] Section 20. Power to delegate

* * * * * * * * * ]

Section 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.

37Substituted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.17.

38Omitted by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.18.

Print contents from the source
CONTENTS 
CHAPTER I 
INTRODUCTORY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
ADMINISTRATION 
3. Punjab  Infant Feeding Board  
4. Powers and functions of the Board  
5. Meeting of the Board  
6. Omitted 
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 
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
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: f59baf1e8c1d14c10798d45b36fd3cbd49cf578e398559c9a0c8d3a96f04bce1.

THE PROTECTION OF BREAST-FEEDING AND CHILD 
NUTRITION ORDINANCE, 2002 
(XCIII of 2002) 
CONTENTS 
CHAPTER I 
INTRODUCTORY 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
ADMINISTRATION 
3. Punjab  Infant Feeding Board  
4. Powers and functions of the Board  
5. Meeting of the Board  
6. Omitted 
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 
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 
 
TEXT 
1
THE PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION 
ORDINANCE, 2002 
(XCIII of 2002) 
[26th 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 r egulating 
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 Punjab]. 
(3) It shall come into force at once. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context,– 
                                                           
1In 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., pages 1545-1552. 
This Ordinance was originally in the Federal ambit, however, the subject on which this law was ena cted 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); and pub lished in 
the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155. 
2Substituted for the word “the whole” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 
(Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.3. 
3Substituted for the word “Pakistan” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act 
XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.3. 
(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
[Punjab] Infant Feeding Board constituted under 
section 3; 
(e) "container" means any form o f 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 o r 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 bo ttle, 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 anima l 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"; 
                                                           
4Substituted for the word “National” by the Punjab Protection of Breast-Feeding and Child Nutrition (Amendment) Act 2012 (Act 
XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4. 
5Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
(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 stand ards 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 prod uct 
public relations and information services; 
6
[(mm) “Government” means Government of the Punjab;] 
(n) "health care facility" means a Government, non -Government, semi -
Government or private institution or organization, or private medical 
practitioner engag ed, 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; 
                                                           
6Inserted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4. 
7Substituted for the word “Federal Governme nt” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
8Ibid. 
(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; 
9
[(x) * * * * * * * * * * *   ] 
(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. Punjab Infant Feeding Board .– (1) The Government shall, by notification in 
the official Gazette, constitute the Punjab Infant Feeding Board. 
 (2) The Board shall consist of a Chairperson, a Secretary, two Members of 
the Provincial Assembly of the Punjab an d not more than such number of members 
as the Government may determine or as may be prescribed: 
 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; 
                                                           
9Omitted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.4. 
10Substituted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.5. 
11Ibid., s.6. 
(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 Gove rnment 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.] 
13
[6. * * * * * * * * * * * *   ] 
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 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 
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 wh o 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. 
                                                           
12Ibid., s.7. 
13Omitted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.8. 
14The words “ or a Provincial Committee, as the case may be,” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendment) Act 2012 (Act XVI of 201 2) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, 
pages 40153-40155, s.9. 
(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 Punjab], 
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 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 ex pression such as "maternalized" or ''humanized'' or 
equivalent nor contains any comparison with mother's milk. 
(e) not show ph otographs, 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 
                                                           
15Substituted for the word “Pakistan” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendment) Act 2012 
(Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.10. 
16Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012) ; and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
17 Substituted for the word “Pakistan” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 
(Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.10. 
(g) except for bottles, teats, pacifiers and nipple shields, contain 
appropriate instructions in Urdu for the correct preparation in words 
and ea sily 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 pictur es, 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 i nfant and young child feeding, excluding medical literature 
and may, by notification in the official Gazette, publish such instructions , guidelines 
or policies as it d eems 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, guidelin es 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 
                                                           
18Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
19Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
20The words “and in all other cases to a concerned Provincial Committee, ” omitted by the Punjab Protection of Breast -Feeding 
and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinar y), dated 
11.2.2012, pages 40153-40155, s.11. 
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 r ecommended by the Codex Aliment arius 
Commission and the Codex C ode 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 Punjab] 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 
26
[the Punjab]. 
(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
[****]. 
                                                           
21Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
22The words “or a Provincial Government, as the case may be, ” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary ), dated 11.2.2012, 
pages 40153-40155, s.11. 
23Substituted for the word “Pakistan” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 
(Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.12. 
24The words “ or a Provincial Committee, as the case may be, ” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendment) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11 .2.2012, 
pages 40153-40155, s.12. 
25Substituted for the word “Pakistan” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 
(Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.12. 
26Ibid. 
27Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
28The words “ or a Provincial Committee, as the case may be ” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, 
pages 40153-40155, s.13. 
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 opportu nity 
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 se ntenced by a Court under this Ordinance may 
prefer an appeal to the High Court within thirty days of the judgement. 
(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 B oard 
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 con travened 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 s hall be referred to the Pakistan Medical and Dental Council for further 
action. 
                                                           
29The words “ or a Provincial Committee, as the case may be, ” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012 , 
pages 40153-40155, s.14. 
30Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
31Ibid. 
32Ibid. 
33The words “or a Provincial Committee ” omitted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.15. 
34The words “ or a Provincial Committee, as the case may be, ” omitted by the Punjab Protection of Breast -Feeding and Child 
Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.201 2, 
pages 40153-40155, s.15. 
35Ibid., s.16. 
36Substituted for the word “Federal Government” by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) 
Act 2012 (Act XVI of 2012); and published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.2. 
17. Penalties.– (1) Any manufacturer or distributor who contravenes the 
provisions of sub -sections (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 a ny 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 co mpany, 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 fou nd 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.] 
38
[20.  Power to delegate.– * * * * * * * * *   ] 
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. 
                                                           
37Substituted by the Punjab Protection of Breast -Feeding and Child Nutrition (Amendm ent) Act 2012 (Act XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.17. 
38Omitted by the  Punjab Protection of Breast -Feeding and Child Nutrition (Amendment) Act 2012 (Act  XVI of 2012); and 
published in the Punjab Gazette (Extraordinary), dated 11.2.2012, pages 40153-40155, s.18.
LAW LIBRARY MAP

This law in the library

Follow the instruments and provisions named in this source edition, and the laws that cite it. Citation links identify the text being referred to; legal effect and current force require separate examination.

2 citations to other instruments0 citations from other laws8 internal provision references0 explicit external provision references
Instruments cited by this law 2
References to provisions in this text 8

Section 3

Open the identified operative provision

Read reference in context
ny means whatsoever for the purpose of promoting sale or use of a designated product; (d) "Board" means the 4 [Punjab] Infant Feeding Board constituted under section 3; (e) "container" means any form o f 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 rep

Read the source passage

Section 12

Open the identified operative provision

Read reference in context
viding 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, corporati

Read the source passage

Section 8

Open the identified operative provision

Read reference in context
ed 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.

Read the source passage

Section 9

Open the identified operative provision

Read reference in context
nd protect breast -feeding. They shall be expected to know the provisions of this Ordinance, in particular, any instructions, guidelin es 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 th

Read the source passage

Section 13

Open the identified operative provision

Read reference in context
he provisions of this Ordinance or the rules. (2) In the event an investigation reveals an offense, the B oard 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 con travened any of the provisio

Read the source passage

Section 7

Open the identified operative provision

Read reference in context
ordinary), dated 11.2.2012, pages 40153-40155, s.2. 17. Penalties.– (1) Any manufacturer or distributor who contravenes the provisions of sub -sections (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 rupe

Read the source passage

Section 8

Open the identified operative provision

Read reference in context
es 40153-40155, s.2. 17. Penalties.– (1) Any manufacturer or distributor who contravenes the provisions of sub -sections (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 th

Read the source passage

Section 11

Open the identified operative provision

Read reference in context
facturer or distributor who contravenes the provisions of sub -sections (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 contra

Read the source passage

Cited instruments not matched in this library 1

Explore this law in the whole-library map · Download this law’s relationship evidence · Download preserved source record

Original-source comparison

Original-source character comparison matched under the recorded normalization

Open the compared original source

Source comparison checks the identified transcription and edition. The law's current force, later amendments and territorial application require separate legal review.

Comparison evidence
Stored text SHA-256
f59baf1e8c1d14c10798d45b36fd3cbd49cf578e398559c9a0c8d3a96f04bce1
Original source SHA-256
bec5eb39518eeabf5df4bb46f08724be5c3562b46583e1256a3643659ad5c7fc
Comparison method
Complete exact non-whitespace character stream after NFKC, quotation-mark equivalents and soft-hyphen removal. Word boundaries and PDF line-layout differences remain separately described.

Download the library source-comparison register

View the recorded official source
Source, version and text details
Recorded title
PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002
Source collection
Punjab — this does not establish territorial applicability.
Recorded version
Not supplied in this record
Source snapshot
2026-08-06T16:47:57Z
Legal status
not independently verified
Text quality
Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
Recorded quality flags
No additional flags recorded
Stable record
punjab-code-291419a7cd48c4d0
Content extent
Legal completeness not independently established
Integrity scope
Stored UTF-8 text and TXT download bytes checked against their recorded hash. This does not establish legal authenticity or currency.
Passage offsets
zero-based Unicode code points and UTF8 bytes; end exclusive
Stored text SHA-256
f59baf1e8c1d14c10798d45b36fd3cbd49cf578e398559c9a0c8d3a96f04bce1

Law, understood
in its full context.

Evolutionary

Examine institutional development, adaptation and correction.

Strategic

Examine authority, purpose and the choices before institutions.

Anticipatory

Explore emerging consequences and the safeguards they require.