Section 1: In this Act, unless the context otherwise requires-

"advertising" means to make a representation by any means for the purpose of directly or indirectly promoting the sale or use of a designated product, by - (a) written publication, television, radio, film, electronic transmission including the internet, social media, video, telephone or mobile application; (b) display of signs, bill or notices; or (c) exhibition of pictures or models; "artificial feeding" means feeding with a food product which replaces breast milk; "breast-milk substitute" includes milk or product that could be used to replace milk, such as fortified soy milk, in either liquid or powdered form, that are specifically marketed for feeding infants and young children up to the age of 3 years, including followup formula and growing-up milk; "brand name'' means a name given by the manufacturer to a product or range of products; "bottle feeding" means feeding liquid or semi-solid food from a bottle with a nipple; "Committee" means the Breast-milk SubstitutesAdvisory Committee established under subsection (1) of section 2; "complementary food" means food that is suitable or represented as suitable as an addition to breastmilk, infant formula or follow-up formula; "complementary food product" means food that is commercially processed; "container" means a form of packaging of a designated product for sale as a retail unit including wrappers; "cross-promotion'' means the use of similar brand names packaging designs, labels, texts, images, colour schemes, symbols or slogans; "designated product" means - (a) infant formula; (b) any other product marketed or otherwise represented as suitable for feeding infants up to the age of 6 months; (c) follow up formula; (d) young child formula; (e) ready-to use therapeutic food; (f) complementary food product; (g) feeding bottles, pacifiers and teats; (h) such other product as the Minister may, by notice in the Gazette, declare to be a "designated product" for the purposes of this Act; 2 3 Interpretation. "distributor" means a person, corporation or other entity engaged in the business of marketing a designated product, whether wholesale or retail; "Executive Secretary" means the head to the Breast-milk Substitutes Secretariat appointed under subsection (3) of section 6; "Food and feed Safety Act, 2017" means the Food and Feed Safety Authority established under section 3 of the Food and feed Safety Act, 2018 (Act No. 7 of 2018); "follow-up formula" means a food intended for use as the liquid part of - (a) the diet for older infants when complementary feeding is introduced; and (b) the progressively diversified diet of young children; "health" means a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity in an infant or young child; "health-care facility" means a public or private institution or organisation engaged directly or indirectly in the provision of health care, health care education, day care center, nursery or other infant or young child-care facility; "health claim" means a representation that states, suggests or implies that a relationship exists between a food or a constituent of that food and health including - (a) a nutrient function claim that describes the physiological role of the nutrient in growth development and normal function of the body; (b) a function claim concerning specific beneficial effects of the consumption of foods or their constituents that relate to a positive contribution to health or to the improvement of a function or to modifying or preserving health; and (c) a reduction of disease risk claim relating to the consumption of a food or food constituent, in the context of the total diet, to the reduced risk of developing a disease or health-related condition; "health professional" means a health worker with a professional degree, diploma or licence, such as a medical practitioner, a registered nurse or midwife or such other person as may be specified by the Minister by notice in the Gazette; "health worker" means a person providing or in training to provide health care services in a health care facility or community, whether professional or nonprofessional, including voluntary unpaid worker; "infant" means a child from birth up to the age of 12 months; "infant formula"means a breast-milk substitutespecially manufactured to satisfy, by itself, thenutritional requirements of infants from birth or during the first months of life up to the introduction of complementary feeding; 4 5 "Inspector" means a person, appointed under subsection (2) of section 5 or deemed, under subsection (2) of section 26, to be an Inspector for the purposes of this Act; "label" means a tag, mark, insert, pictorial or other descriptive matter, written, printed, stenciled, marked, embossed, attached or otherwise appearing on a container of a designated product; "labelling" includes a written, printed or graphic matter that is present on the label, accompaning the food, or is displayed near the food, including that for the purpose of promoting its sale or disposal; "logo" means an emblem ,picture or symbol by means of which a company or a product is identified; "manufacturer" means a person, corporation or other entity, engaged in the business of manufacturing a designated product, whether directly, through an agent, or through a person controlled by or under an agreement with it; "market" means a method of introducing or selling of a designated or complementary product, and includes promotion, distribution, advertising, public relations, information services and distribution of samples; "Minister" means the Minister responsible for health and sanitation and "ministry" shall be construed accordingly; "nutrition claim" means a representation which states, suggests or implies that a food has particular nutritional properties including, energy value and content of protein, fat, carbohydrates, vitamins or minerals but does not include - (a) a reference to substances in a list of ingredients; (b) a reference to nutrients as a mandatory part of nutrition labelling; (c) quantitative or qualitative declaration of certain nutrients or ingredients as a mandatory part of nutrition labelling; "package" means a box, carton, tin or a wrapping of any kind, in which a designated product is customarily sold by a wholesale or retail unit; "publish" means to show, broadcast, televise, display, exhibit or distribute a designated product; "social welfare institution" means a public or private organisation engaged, directly or indirectly, in providing social welfare for infants or young children, but does not include a healthcare facility; "sample" means a single or any quantity of a designated product provided at no cost; "young child" means a child between the age of 12 months to 36 months; and "young child formula" means a milk or product that can be used to replace milk, manufactured for use as a liquid part of the diet of young children. PART II-ESTABLISHMENT OF THE NATIONAL BREAST FEEDING ADIVISORY PROMOTION COMMITTEE.