Regulations Relating to Foodstuffs for Infants and Young Children

(Foodstuffs, Cosmetics and Disinfectants Act, 1972)

Briefing to the Portfolio Committee on Health19 September 2012

Background• The Department of Health has a responsibility to ensure the

provision of safe and adequate nutrition for infants and young children.

• Regulations will limit the unnecessary promotion of infant formula by health workers thus strengthening health outcomes for South African women and children.

• South Africa declared itself as a country that actively promotes, protects and supports exclusive breastfeeding, and takes actions to demonstrate this commitment.

• This includes further mainstreaming of breastfeeding in all relevant policies, legislation, strategies and protocols.

• National regulations on the Code of Marketing of Breast milk substitutes to be finalised, adopted into legislation within twelve months, fully implemented and outcomes monitored.

The Purpose of the Draft Regulations

• To contribute to the appropriate nutrition of infants and young children, by means of:– Setting standards for foodstuffs for infants and young

children to comply with the relevant Codex standards– Protection and promotion of exclusive breastfeeding

for the first six months of life– Protection and promotion of continued breastfeeding

up to two years and beyond, with introduction of complementary foods at six months

The Scope of the draft Regulations• Draft Regulations apply to manufacturing, supply,

marketing and information for correct use of the designated products, whether manufactured in the country or imported.

• Make provisions for labelling, composition, packaging and manufacturing matters and promotion-related matters

• Prohibits anyone from offering for sale of designated products for special dietary management for specific medical conditions

• Designated products are prohibited from making any health, medicinal or nutrition claims

The Scope Cont..• No persons allowed to undertake or Participate

in any promotional practice or device advertising about the availability of the designated products

• Prohibits the use of health care personnel or health establishments to sell, promote, advertise or assist in the sale, promotion or advertisement of any designated products

• Hospitals or health establishments are prohibited from distributing gift packs that contain or refer to any designated products, individually or in combination with other goods

Gaps that existed• The International Code for Marketing of Breastmilk

Substitutes, adopted by the WHA in 1981 urged member states to:– Give support to the implementation of the International

code– Translate the code into national legislation

• South Africa drafted its own voluntary Code in 1986• It didn’t provide for the monitoring of the

implementation of the International Code• This resulted in continuous violations by certain

companies (manufacturers and distributors) in South Africa

Monitoring the Implementation of the Regulations

• Any person, group or institution may submit a written complaint to the Director-General

• Appointment of inspectors by the Director-General

• Inspectors shall conduct inspections unannounced

• Compile an inspection report• Legal actions may be institute against

manufacturers, suppliers or importers who continue to violate the regulations as stipulated by the Act

Status of the Draft Regulations

• Published for comments• Wide range comments and inputs received

from interested persons– The Infant Feeding Association (IFA)– Individual infant food companies– Professional Associations, NGO’S– Letters of support from various stakeholders

Major Concerns on the Draft Regulations

• Comments were received on the draft Regulations on the following major issues: – Perceived violation of constitutional rights – Legality of the Regulations – Perceived conflict with the Consumer Protection Act

(CPA)– The Regulations differ from and exceed the

requirements provided by the International Code of Marketing of Breastmilk Substitutes

– Factual inaccuracies

Conclusion

• In finalising these Regulations, South Africa will make a strong contribution to regional and international best practices on infant and young child feeding.