Section 16, The Breast-Milk Substitutes Act, 2021

(1) In addition to the requirements of sections 24 amanufacturer or distributor shall not sell or offer for sale - (a) infant formula or follow-up formula unless the container or label affixed thereto, conforms to the following - (i) contains the words, "IMPORTANT NOTICE" in capital letters and indicated thereunder, the statement primarily in English - "Breastfeeding is the normal and optimal way to feed infants and young children. Breast milk is important for the healthy growth and development of infants and young children. It protects against diarrhoea and other illnesses" or similar statement as to the superiority of breastfeeding or breastmilk; infant formula, follow-up formula and young child formula. 20 21 (ii) contains a statement that the product should only be used on advice of a health worker as to the need for its use and the proper method of use; (iii) has preparation instructions for infant or follow-up formula in powdered form that state that- (aa) powdered formula is not sterile and may be contaminated with pathogenic microorganisms during the manufacturing process or may become contaminated during preparation; (bb) it is necessary for formula to be prepared one feed at a time using water first boiled and then cooled to not less than 70 °C; and (cc) unused milk shall be discarded immediately after every feed; (b) infant formula, follow-up formula or young child formula unless the container or label affixed thereto, conforms to the following - (i) includes a feeding chart in the storage or preparation instructions; (ii) does not use the terms "maternalised", "humanised" or terms similar thereto or any comparison with breast milk; (iii) does not use text that may tend to discourage breastfeeding; (iv) specifies the source of the protein; (v) does not contain an element that allows for cross-promotion of any other designated product; (vi) in the case of follow-up formula, states in a clear, conspicuous and easily readable manner primarily in English; that the product shall - (aa) not be used for infants less than 6 months old (bb) not be used as the sole source of nutrition of infants and that o l d e r infants should receive complementary foods in addition to the product; and (cc) not lead to cessation of breastfeeding; (c) young child formula unless the container or label affixed thereto, states in a clear, conspicuous and easily readable manner primarily in English; that - (i) breast-feeding is recommended up to 2 years and beyond; (ii) the mother or caregiver should seek advice of a health worker on proper feeding of young children; (iii) that the product should not be used to feed infants below 12 months or be used as the sole source of nutrition for young children. 22 23