THA/471/Rev.1
WTO/TBT
TH Thailand
  • 67 - Lebensmitteltechnologie
  • 04 - Milch und Molkereiprodukte; Vogeleier; natürlicher Honig; geniessbare Waren tierischen Ursprungs, anderweit weder genannt noch inbegriffen
2017-01-23
2016-11-28

Infant and young child food (HS Code: 0401, 0402) (ICS: 67.100.10). Milk and cream, not
concentrated nor containing added sugar or other sweetening matter (HS: 0401), Milk and
cream, concentrated or containing added sugar or other sweetening matter (HS: 0402).
Milk and cream, not concentrated nor containing added sugar or other sweetening matter
(HS: 0401), Milk and cream, concentrated or containing added sugar or other sweetening
matter (HS: 0402). Milk and processed milk products (ICS: 67.100.10)

Draft Control of Marketing of Infant and Young Child Food B.E. ... (12 pages, in Thai)

This Draft Act controls the marketing of infant and young child food
according to the rules and agreement written in the International Code
of Marketing of Breast-Milk Substitutes and relevant resolutions adopted
by Member states of World Health Organization during World Health
Assembly. It is composed of 4 chapters 47 sections.

1.   In this Act:

·   "Infant" means a child from birth to the age of 12 months.

·   "Young child" means a child aged over 12 months to 3 years (36 months) .

·   "Food for infant and young child" means (1) milk or other food containing appropriate and adequate nutrients for feeding infants and young children and which is registered under the Food Act; and (2) other food intended for feeding infants and young children as prescribed by the Minister on the advice of the Committee.

·   "Supplementary food for Infants and Young Children" means food used as nutrient supplementary or to build up familiarity to food for infants over 6 months of age or young children and which is registered under the Food Act.

2.   The Committee on the Control of Marketing of Infant and Young Child Food shall be established and composed of the government, academic, and NGOs representatives.

3.   In regards to Food for infant and young child; manufacturers, importers, and distributors are not allowed, to (1) advertise; (2) give out discount coupons or tied products or offering exchanges, discounts, prizes, gifts or other incentives to induce sale; (3) give out samples; (4) give out the Food for Infants and Young Children or any other things to pregnant women, mothers of infants or young children, or family members; (5) approach pregnant women or mothers of infants or young children, to promote, encourage, or recommend to use the Food for Infants and Young Children.

4.   In providing information about the Food for Infants and Young Children, Manufacturers, importers or distributors must use the same wording as appears on the labels of the Food for Infants and Young Children as registered under the law on food without any claims about nutrition and health, and must include (1) information regarding the approximate financial cost and the quantities, for using the Food for Infants and Young Children; and (2) warning against inappropriate preparation or use of the Food for Infants and Young Children. The rules, procedures and conditions for the provision of the information, as well as the channels for providing information shall be as prescribed by the Minister on the advice of the Committee.

5.   In regards to the Supplementary food for Infant and Young Children, manufacturers, importers or distributors must not engage in the following marketing practices inside the health facilities: (1) Giving out discount coupons or tied products or offering exchanges, discounts, prizes, gifts or other incentives; (2) Giving out samples of the supplementary food. Manufacturers, importers or distributors are also prohibited from doing the marketing of the Supplementary food to pregnant women or mothers of infants under 6 months of age.

6.   In regards to both Food for Infants and Young Children and the Supplementary food for Infant and Young Children, Manufacturers, importers or distributors are prohibited from (1) providing equipment that bear the name, mark or symbol of the products to the health service providers; (2) giving or offering gifts, money, incentives or any other benefits to the public health personnel, with exception according to the "customary giving" rules; (3) sponsoring the event or conference or academic seminars on food for infants and young children for health personnel, the public health personnel, pregnant women or mothers of infants or young children, with exception of the funding for the Public Health Profession Organizations, (4) demonstrating or supporting the demonstration of the use of the Food and Supplementary food for Infants and Young Children in health facilities.

7.   Violation of Section 14 regarding the advertisement of Food for Infant and Young Children shall be liable to imprisonment, or fines, or both. Any person who fails to comply with other sections shall be liable to a fine.

8.   This Act shall come into force 180 days following the date of its publication in the Government Gazette.