Kenya Act or statute

Parliament of Kenya

Breast Milk Substitutes (Regulation and Control) Act

This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act. Section 2 provides definitions/interpretation, listing various media and items (e.g. written publication, broadcas…

Jurisdiction: Kenya
Structure: 28 provisions
Citation: Cap. 262
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act.”

This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act. Section 2 provides definitions/interpretation, listing various media and items (e.g. written publication, broadcasts, displays, infant feeding products, and other designated products the Cabinet Secretary may declare) and notes subsection (2) is spent. The Act binds the Government. The Cabinet Secretary must establish the National Committee on Infant and Young Child Feeding and make appointments and administrative arrangements for it. The Committee must advise the Cabinet Secretary on infant and young child nutrition policy, participate in formulating and recommending regulations under the Act, perform other functions assigned by the Cabinet Secretary, and may delegate powers or functions to sub-committees by resolution.

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PRELIMINARY - 1. Short title

This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act.

Section 1

ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 7. Power of the Cabinet Secretary to permit donations

The Cabinet Secretary may prescribe the manner of donations or distributions of breast milk substitutes or complementary food products to charitable children institutions; infant care providers must have or receive appropriate training…

Section 7

ENFORCEMENT - 15. Authority to issue warrant

An authorised officer named in a warrant must enter a dwelling place only between six o’clock in the forenoon and six o’clock in the afternoon on any day.

Section 15

ENFORCEMENT - 21. Storage and removal of seized product

An authorised officer may direct that a seized designated or complementary food product or thing be stored where it was seized or removed to another place.

Section 21

MISCELLANEOUS - 28. Regulations and Orders

Section 28 allows the Cabinet Secretary to make regulations and, by order, to permit certain promotional uses of signs and materials, and requires the Cabinet Secretary to reference the International Code of Breastmilk Substitutes and related World Health…

Section 28

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Showing 28 of 28 provisions

Provision 20Substitution 3Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act.

Section 1. Short title Section This Act may be cited as the Breast Milk Substitute (Regulation and Control) Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions/interpretation, listing various media and items (e.g. written publication, broadcasts, displays, infant feeding products, and other designated products the Cabinet Secretary may declare) and notes subsection (2) is spent.

Section 2. Interpretation Section 2(1)(a) written publication, a television or radio broadcast, film or electronic transmission, including the internet video or telephone; Section 2(1)(b) displays, signs, symbols, colours, billboards or notices; or Section 2(1)(c) exhibition of pictures or models; Section 2(1)(a) any food or drink designed for infants marketed or otherwise represented to be a partial or total replacement of breast milk, whether or not it is suitable for that purpose; Section 2(1)(b) feeding bottles; Section 2(1)(c) teats; Section 2(1)(d) infant formula; Section 2(1)(e) follow-up formula for infants or children between the age of six months to twenty-four months; Section 2(1)(f) products marketed or otherwise represented as being suitable for feeding infants of up to the age of six months; Section 2(1)(g) breast milk fortifiers; Section 2(1)(h) pacifiers; Section 2(1)(i) cups with spout; or Section 2(1)(j) any other product the Cabinet Secretary may, by a notice in the Gazette , declare to be a designated product; Section 2(2) Spent.

Section 2Verify source

§ 3PRELIMINARY - 3. Act to bind the GovernmentProvision

The Act binds the Government.

Section 3. Act to bind the Government Section This Act shall be binding to the Government.

Section 3Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE NATIONAL COMMITTEE ON INFANT AND YOUNG CHILD FEEDING

§ 4ESTABLISHMENT AND FUNCTIONS OF THE NATIONAL COMMITTEE ON INFANT AND YOUNG CHILD FEEDING - 4. Establishment of CommitteeProvision

The Cabinet Secretary must establish the National Committee on Infant and Young Child Feeding and make appointments and administrative arrangements for it.

Section 4. Establishment of Committee Section 4(1) The Cabinet Secretary shall establish a committee to be known as the National Committee on Infant and Young Child Feeding. Section 4(2)(a) the Director of Public Health, who shall be the Chairperson; Section 4(2)(b) the Director of Nutrition and Dietetic Services; Section 4(2)(c) the Director of the Kenya Bureau of Standards or his representative; Section 4(2)(d) the Director of the Kenya Medical Research Institute or his representative; Section 4(2)(e) the Director of a national hospital or his representative; Section 4(2)(f) the Registrar of the Nursing Council of Kenya or his representative; Section 4(2)(g) the Chairperson of the Kenya Paediatric Association or his representative; Section 4(2)(h) the Chairperson of an institution representing nutritionists or his representative; Section 4(2)(i) private health institutions; Section 4(2)(i)(i) private health institutions; Section 4(2)(i)(ii) non-governmental organizations with national mandate on infant and young child feeding; Section 4(2)(j) a representative of the Principal Secretary in the Ministry for the time being responsible for matters relating to trade; and Section 4(2)(k) two members with relevant expertise in infant and young child feeding appointed by the Cabinet Secretary. Section 4(3) The Director of Nutrition and Dietetic Services shall be the Secretary to the Committee. Section 4(4) A member of the Committee appointed under subsection (2)(i) shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years. Section 4(5) The Cabinet Secretary shall provide such public officers as may be necessary for the proper and efficient discharge of the functions of the Committee under this Act. Section 4(6) In the appointment of a member of the Committee, the Cabinet Secretary shall not appoint a person who has a direct or indirect interest in the manufacturing, distribution, marketing, advertisement or promotion of a designated or complementary food product. Section 4(7) Section 12 of the Public Officer Ethics Act (Cap. 185B), shall apply to a member of the Committee whose personal interest conflicts with his or her functions as a member of the Committee. Section 4(8) The Committee may establish sub-committees consisting of its members to deal with such matters as the Committee may specify. Section 4(9) The expenses of the Committee shall be met out of funds provided by Parliament for that purpose. Section 4(10) The conduct of the meetings of the Committee shall be in accordance with the Schedule.

Section 4Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE NATIONAL COMMITTEE ON INFANT AND YOUNG CHILD FEEDING - 5. Functions of the CommitteeProvision

The Committee must advise the Cabinet Secretary on infant and young child nutrition policy, participate in formulating and recommending regulations under the Act, perform other functions assigned by the Cabinet Secretary, and may delegate powers or functions to sub-committees by resolution.

Section 5. Functions of the Committee Section 5(1)(a) advise the Cabinet Secretary on the policy to be adopted in relation to infant and young child nutrition; Section 5(1)(b) participate in the formulation of, and recommend the regulations to be made under this Act; and Section 5(1)(c) perform any other functions as may, from time to time, be assigned by the Cabinet Secretary. Section 5(2) The Committee may, by resolution either generally or in any particular case, delegate to any of the sub-committees established under section 4 (8), the exercise of any of its powers or the performance of any of its functions or duties under this Act.

Section 5Verify source

Part III

ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS

§ 10ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 10. Educational and informational materials to be approved by Cabinet SecretaryProvision

Persons must not publish informational or educational material on infant and young child feeding unless that material has been prescribed by the Cabinet Secretary.

Section 10. Educational and informational materials to be approved by Cabinet Secretary Section 10(1) Subject to subsection (2), a person shall not publish or cause or permit to be published any informational or educational material on infant and young child feeding unless the material has been prescribed by the Cabinet Secretary. Section 10(2) Subsection (1) shall not apply to research articles and public presentations which disclose the financier, sponsor or facilitator thereof and which do not contain any advertisement or promotion of a designated or complementary food product in any manner. Section 10(3) The Cabinet Secretary shall make Regulations prescribing the procedures and requirements for the approval of informational and educational material under subsection (1).

Section 10Verify source

§ 6ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 6. Prohibition on advertisement and promotionSubstitution

Persons must not advertise or promote designated or complementary food products to the general public.

Section 6. Prohibition on advertisement and promotion Section 6(1) A person shall not advertise or promote to the general public or cause to be advertised or promoted a designated or complementary food product. Section 6(2)(a) a directly or indirectly introduces a designated or complementary food product or encourages the buying or use of the product; Section 6(2)(b) uses sale devices such as special discounts, special displays to promote sales, competitions with prizes, tie-in sales, provision of premiums and rebates, discount coupons, loss leaders, giving of gifts and free samples of a designated or complementary food product to mothers; Section 6(2)(c) as a marketer, makes a direct or indirect contact with members of the public in furtherance of, or for the purpose of promoting business of a designated or complementary food product; Section 6(2)(d) makes electronic communications of a designated or complementary food product including internet, website and electronic mail; Section 6(2)(e) distributes promotional items including clothing, stationery, household utensils or items that refer to a designated or complementary food product or the brand name of the product; Section 6(2)(f) engages in any practices or communication in any form which create, or may create, any association with a designated or complementary food product; Section 6(2)(g) publishes or causes to be published an advertisement of a designated or complementary food product; Section 6(2)(h) distributes any information or educational material relating to infant and child feeding; Section 6(2)(i) distributes or causes to be distributed, or donates or causes to be donated, or sells or causes to be sold a designated or complementary food product to charitable childrens’ institutions or a health facility; Section 6(2)(j) on remuneration which varies according to the volume of sale of designated or complementary food product; or Section 6(2)(j)(i) on remuneration which varies according to the volume of sale of designated or complementary food product; or Section 6(2)(j)(ii) for bonuses or similar incentives calculated directly according to the volume of sales of the designated or complementary food product; Section 6(2)(k) displays to the public, material which refers directly or indirectly to a designated or complementary food product; Section 6(2)(l) distributes materials to health workers which directly or indirectly refer to a designated or complementary food product; Section 6(2)(m) offers a gift or a benefit or inducement including a fellowship, study grant, funding for attendance of meetings, seminars, continuing education or conferences to a health worker or a member of his family; Section 6(2)(n) directly or indirectly provides any support, financial or otherwise to the general public or a health worker for the purposes of promoting a designated or complementary food product; Section 6(2)(o) funds any research carried out by a health worker in infant and young child health; Section 6(2)(p) employs a person to provide to health workers in health care facilities, pregnant women or mothers of infants and young children or any other person, with education or instructions regarding infant and young child health; or Section 6(2)(q) sponsors, an event, contest, telephone counselling line or campaign aimed at pregnant women, mothers of infants or their families. Section 6(3)(a) the ethical interaction between the manufacturer or distributor and health workers for purposes of creating awareness about the scientific and factual matters of the breast milk substitute or complimentary food product; Section 6(3)(b) the provision by the manufacturer or distributor to health workers of samples of the breast milk substitute or complementary product for purposes of professional evaluation or research of the product; Section 6(3)(c) the distribution in the package of information or educational material relating to the breast milk substitute or complementary food product pursuant to Article 46(1)(b) of the Constitution. Section 6(4) The Cabinet Secretary shall, by regulations, prescribe the manner in which the activities specified in clause (3) shall be conducted.

Section 6Verify source

§ 7ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 7. Power of the Cabinet Secretary to permit donationsSubstitution

Section 7. Power of the Cabinet Secretary to permit donations Section 7(1) Donations or distributions of breast milk substitutes or complementary food products to charitable children institutions shall be in such manner as may be prescribed by the Cabinet Secretary. Section 7(2)(a) the label on the package carrying a designated or complementary food product shall be in accordance with the provisions of the Standards Act (Cap. 496); and Section 7(2)(b) the infant care providers have or shall receive appropriate training to prevent any health hazards occurring from improper use.

Section 7Verify source

§ 8ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 8. Health worker or proprietor not to accept giftsProvision

Health worker or proprietor must not accept gifts.

Section 8. Health worker or proprietor not to accept gifts Section a gift;

Section 8Verify source

§ 9ADVERTISEMENT, PROMOTION, LABELLING OF PACKAGES AND EDUCATIONAL AND INFORMATIONAL MATERIALS - 9. Labelling of packagesSubstitution

Packages of designated or complementary food products must include notices, warnings and necessary information about promoting breastfeeding and the proper use of breast‑milk substitutes, in the wording, size and manner prescribed by the Cabinet Secretary.

Section 9. Labelling of packages Section The package of a designated or complementary food product shall contain notices, warnings and necessary information with respect to promotion of breastfeeding and proper use of breast milk substitutes in the wording, size and manner prescribed by the Cabinet Secretary.

Section 9Verify source

Part IV

ENFORCEMENT

§ 11ENFORCEMENT - 11. Appointment of authorised personsProvision

The Cabinet Secretary may appoint persons as authorised officers and must issue each appointee a certificate of appointment.

Section 11. Appointment of authorised persons Section 11(1) The Cabinet Secretary may, from time to time, by notice in the Gazette , appoint any person or a class of persons to be authorized officers for the purposes of this Act. Section 11(2) The Cabinet Secretary shall issue a certificate of appointment to every person appointed as an authorised officer under this section. Section 11(3)(a) public health officers appointed under the Public Health Act ( Cap. 242 ); and Section 11(3)(b) any other person upon whom written law vests functions of maintenance of law and order,

Section 11Verify source

§ 12ENFORCEMENT - 12. Places authorised officers may enterProvision

Authorised officers may enter premises listed in Section 12(1)(a)–(d); if entering under the section they must, when required, produce the certificate issued under section 11(2) to the person in charge.

Section 12. Places authorised officers may enter Section 12(1)(a) a designated or complementary food product is or has been produced, manufactured, stored, packaged, sold or used; Section 12(1)(b) there is anything used in the production, manufacture, testing, packaging, promotion or sale of a designated or complementary food product in the place; Section 12(1)(c) there is information relating to the production, manufacture, testing, packaging, promotion or sale of a designated or complementary food product; Section 12(1)(d) any person is in any way contravening the provisions of this Act. Section 12(2) An authorised officer who wishes to enter any premises under this section shall, if required, produce for inspection, by the person who is or appears to be in charge of the premises, the certificate issued under section 11 (2).

Section 12Verify source

§ 13ENFORCEMENT - 13. Powers of authorised officersProvision

Authorised officers have the power to examine a designated or complementary food product or anything referred to in section 12.

Section 13. Powers of authorised officers Section examine a designated or complementary food product or anything referred to in section 12 ;

Section 13Verify source

§ 14ENFORCEMENT - 14. Entry of dwelling placeProvision

An authorised officer must not enter a dwelling place except with the occupant's consent or a warrant under section 15.

Section 14. Entry of dwelling place Section An authorised officer shall not enter a dwelling place except with the consent of the occupant or under authority of a warrant issued under section 15 .

Section 14Verify source

§ 15ENFORCEMENT - 15. Authority to issue warrantProvision

An authorised officer named in a warrant must enter a dwelling place only between six o’clock in the forenoon and six o’clock in the afternoon on any day.

Section 15. Authority to issue warrant Section 15(1)(a) the dwelling place is a place referred to in section 14 ; Section 15(1)(b) entry into the dwelling place is necessary for the administration or enforcement of this Act; Section 15(1)(c) the occupant does not consent to the entry or that the entry has been refused or there are reasonable grounds for believing that it will be refused. Section 15(2) An authorised officer named in the warrant issued under subsection (1) shall enter a dwelling place between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.

Section 15Verify source

§ 16ENFORCEMENT - 16. Use of forceProvision

Authorised officers executing a warrant under section 15 must not use force unless accompanied by a police officer and the warrant specifically authorises reasonable force.

Section 16. Use of force Section An authorised officer executing a warrant issued under section 15 shall not use force unless such officer is accompanied by a police officer and the use of reasonable force is specifically authorised in the warrant.

Section 16Verify source

§ 17ENFORCEMENT - 17. Certificate of analysisProvision

An authorised officer must, after analysing or examining a designated or complementary food product, prepare a certificate or report stating the results of the analysis or examination.

Section 17. Certificate of analysis Section An authorised officer shall, after analysing or examining a designated or complementary food product, prepare a certificate or report setting out the results of analysis or examination.

Section 17Verify source

§ 18ENFORCEMENT - 18. Assistance of authorised officersProvision

Provide all reasonable assistance to enable the authorised officer to carry out his duties under this Act.

Section 18. Assistance of authorised officers Section provide all reasonable assistance to enable the authorised officer to carry out his duties under this Act;

Section 18Verify source

§ 19ENFORCEMENT - 19. Obstruction of authorised officerProvision

A person must not obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under this Act.

Section 19. Obstruction of authorised officer Section A person shall not obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under this Act.

Section 19Verify source

§ 20ENFORCEMENT - 20. Seizure of product, etc.Provision

During an inspection under this Act, an authorised officer may seize any designated or complementary food product or thing that the officer reasonably believes relates to a contravention of the Act, and take full inventory of all items seized.

Section 20. Seizure of product, etc. Section During an inspection under this Act, an authorised officer may seize any designated or complementary food product or thing by means of which or in relation to which the officer believes, on reasonable grounds, that this Act has been contravened and take full inventory of all the items seized.

Section 20Verify source

§ 21ENFORCEMENT - 21. Storage and removal of seized productProvision

An authorised officer may direct that a seized designated or complementary food product or thing be stored where it was seized or removed to another place.

Section 21. Storage and removal of seized product Section An authorised officer may direct that any designated or complementary food product or thing seized be kept or stored in the place where it was seized or that it be removed to another place.

Section 21Verify source

§ 22ENFORCEMENT - 22. Interference with seized product or thingProvision

A person must not, unless authorised by an authorised officer, remove, alter or interfere with any designated or complementary food product or other thing seized.

Section 22. Interference with seized product or thing Section Unless authorised by an authorised officer, a person shall not remove, alter or interfere in any manner with any designated or complementary food product or other thing seized.

Section 22Verify source

§ 23ENFORCEMENT - 23. Restoration of seized product or thingProvision

A person from whom a designated or complementary food product or thing was seized may apply to the High Court for restoration within sixty days after the date of seizure.

Section 23. Restoration of seized product or thing Section Any person from whom a designated or complementary food product or a thing has been seized may, within sixty days after the date of seizure, apply to the High Court for an order of restoration.

Section 23Verify source

§ 24ENFORCEMENT - 24. Order for restorationProvision

An applicant is entitled to possession of the designated or complementary food product or the thing seized.

Section 24. Order for restoration Section the applicant is entitled to possession of the designated or complementary food product or the thing seized; and

Section 24Verify source

§ 25ENFORCEMENT - 25. Order of later restorationCommencement

An order for restoration occurs either after 180 days from seizure if no proceedings have started, or upon final conclusion of proceedings; no restoration order may be made for products or things forfeited by consent under section 26.

Section 25. Order of later restoration Section 25(1)(a) expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or Section 25(1)(b) final conclusion of any such proceedings under this Act. Section 25(2) An order for restoration shall not be made under this section where a designated or complementary food product or a thing has been forfeited by consent under section 26 .

Section 25Verify source

§ 26ENFORCEMENT - 26. Forfeiture of productProvision

If no application is made under section 23, or an application is made but on the hearing no order for restoration is made, the product is forfeited.

Section 26. Forfeiture of product Section no application has been made under section 23 , or an application has been made but on the hearing of such application no order for restoration is made;

Section 26Verify source

Part V

MISCELLANEOUS

§ 27MISCELLANEOUS - 27. Offences and penaltiesOffence

If a person commits an offence for which no penalty is specified, on conviction they are liable to a fine not exceeding one million shillings, or imprisonment not exceeding three years, or both.

Section 27. Offences and penalties Section 27(1) A person who commits an offence for which no penalty has been specifically provided for, shall on conviction be liable to a fine not exceeding one million shillings or a term of imprisonment not exceeding three years, or to both. Section 27(2)(a) the act or omission constituting the offence took place without his knowledge; or Section 27(2)(b) he took reasonable steps to prevent the commission of the offence.

Section 27Verify source

§ 28MISCELLANEOUS - 28. Regulations and OrdersCommencement

Section 28. Regulations and Orders Section 28(1)(a) the wording, size and manner of notices, warnings and information required under section 9 ; and Section 28(1)(b) the procedures and requirements under which informational or educational material may be approved under section 10 (3); and Section 28(1)(c) any other thing that is required by this Act to be prescribed. Section 28(2) The Cabinet Secretary may, by order, permit a person or class of persons to use specified signs, symbols, colours, billboards or notices associated with a designated or complementary food product in the promotion or advertisement of other goods not connected with a designated or complementary food product but health care facilities or health workers shall not be used in the promotion. Section 28(3) In making regulations under subsection (1), the Cabinet Secretary shall make reference to the International Code of Breastmilk Substitutes, 1981 and subsequent World Health Assembly resolutions or any other stated public policy. Section 28(4) Regulations made under this section shall not come into operation upon publication but shall be laid before the National Assembly and the provisions of subsections (5) and (6) shall apply to those regulations. Section 28(5) If a resolution is passed by the National Assembly within twenty one days on which it next sits after the regulation is laid before it that the regulation be annulled or amended in a specific manner, the regulation shall thenceforth be void or amended as resolved by the Assembly. Section 28(6) If no resolution is made by the National Assembly within the expiry of twenty one days from the date on which the Assembly next sits from the date on which the regulation is laid under subsection (4), the regulation shall come into operation in the form laid before the Assembly under that subsection.

Section 28Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Breastmilk Substitutes and related World Health Assembly resolutions when making regulations. Section 28. Regulations
Section 28
Committee under this Act
Section 4

N–S

1 instrument

Standards Act
Section 7

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