PROTECTION OF BREAST-FEEDING AND CHILD NUTRITION ORDINANCE, 2002
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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
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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.This law in the library
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Section 3
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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
Section 12
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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
Section 8
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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.
Section 9
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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
Section 13
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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
Section 7
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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
Section 8
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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
Section 11
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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
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- 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.
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
- 2026-08-06T16:48:01Z
- 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-917e8b8cfbed0aea
- 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