Lao’s People Democratic Republic

Peace Independent Democracy Unity and Prosperity

 

Unofficial translation

 

Ministry of Health

No. 1540/MOH

Vientiane capital, dated 25 December 2020

 

 

Guideline for Implementation of Decree on Food Products and Feeding Tools for Infants and Children

 

• Pursuant to Decree on Organization and Operation of Ministry of Health No.96/PM, dated 09 March 2017.
• Pursuant to Decree on Food Products and Dietary Supplements for Infants and Children No.472/PM, dated 30 December 2019.
• Pursuant to the Offer Letter of Hygiene and Health Promotion Department No.734/DHHP, dated 23 December 2020.

 

In order to extent the contents of Decree No.472/PM, dated 30 December 2019 to be clear and suitable with reality in each period and to ensure the unity of implementation to be efficient and effective.

 

Minister issued the guideline:

 

1. General Provision

1. Purpose

     This guideline is intended to advise individual, legal entity and organization, especially, health officials who is working in healthcare system and business operators who is running business on food products and feeding tools for infants and children in order to aware and understand for implementing the decree on food products and feeding tools for infants and children No.472/PM, dated 30 December 2019 which focus on infants and children to be healthy and contribute to protect and develop the country.

         2. Term of Interpretation
1.    Principles of international food code refers to the standards, guidelines, principles of codes of practical section which is authorized by principles of international food code committee, food standards of world health organization and food and agriculture organization as prescribed in order to protect the consumer’s health and the fairness of trading food. 
2.    Community refers to the private and public living areas where there are a lot of people live together such as shopping centers, markets, trading stores, airports, buses or bus stations, car parks, factories or companies, education centers, nursery and kindergarten schools, kid’s play grounds.
3.    Consumer refers to individual, legal entity or organization who buys or uses the products and services without trading purpose.
4.    Food products and feeding tools for infants and children refer to the products which have been used with breast milk or replace breast milk for infants and children since the date of birth to 36 months such as powdered milk for infants, powdered milk for children or powdered milk for growing up.
5.    Artificial feeding bottle refer to the plastic feeding bottle, glass nursing bottle or all types of nursing bottles which has been used for feeding infants and children except mom’s breast.
6.    Sale promotion by matching products refer to the strategy or method of marketing by business operators in order to match food products and feeding tools for infants and children. The packaging, branding and labelling of food products and feeding tools for infants and children to be similar with other products or other brands. Creating the activities in order to promote some products by matching with food products and feeding tools for infants and children.
7.    Healthcare system refers to the health service for mothers, pregnant people, infants and children which is contributed by government agency, non-government organization, legal entity, organization or individual directly or indirectly.
8.    Marketing refers to any strategies or methods which support, advertise, publish the information of sale or distribution of food products and feeding tools for infants and children by direct or indirect include product matching and online marketing.  

      3. The Scope of Use

     This decree is used for individual, legal entity and organization which directly or indirectly perform and involve with decree on food products and feeding tools for infants and children in Lao PDR.

II. The Regulations that Related to Food Products and Feeding Tools for Infants and Children

      The implementation of decree on food products and feeding tools for infants and children No.472/PM, dated 30 December 2019 and this guideline shall be in accordance with laws and regulations of Lao PDR as following:

1. Law on Food.
2. Law on Medicines and Medical products.
3. Law on Hygiene and Health Promotion.
4. Law on Consumer Protection.
5. Law on Media.
6. Decision of Prime Minister on the Appointment of National Committee for Managing Food and Drug.
7. Other regulations that related to food products and feeding tools for infants and children.

III.  Breast Feeding and Food Products and Dietary Supplements for Infants and Children

1. The Magement of Information and Advertisement
   1. The Magement of Information

1. Ministry of health is responsible for providing the information to community and health officials who is working on healthcare system that are related to process and use of food products and feeding tools for infants and children.
2. Department of hygiene and health promotion is the nutrition center and media center for health and health education. The department is responsible for protecting, promoting, supporting the breast feeding by advertising, educating, publishing the danger of food products and feeding tools for infants and children including the ingredients, artificial feeding bottle and plastic feeding heads via medias.
3. Ministry of health authorized the department of hygiene and health promotion, department of food and drug, department of healthcare and rehabilitation to encourage, monitor and inspect ministries, central organizations, local authorities and other relevant agencies for advertising, publishing correctly about the benefits of breast feeding and the drawbacks of feeding kids by using food products and feeding tools for infants and children. As well as monitor and inspect the information on processing, import, export, transit, wholesales, retails, assistance, labelling, advertisement and others of business operators.
4. Individual, legal entity, government and private organization which intends to advertise, publish in order to provide the knowledge of the benefits of breast feeding and the drawbacks of feeding kids by using food products and feeding tools for infants and children or other information to health officials, community and society via external and internal medias. The health service areas or retail places and other areas shall be obtained the permit for the contents, structures, methods from department of hygiene and health promotion and department of food and drug.
5. Establish the advertisement, publish the information about any food products and feeding tools for infants and children shall apply the permit from department of hygiene and health promotion, ministry of health. Applying the permit shall comply in accordance with each case or format of advertisement.
   1. Advertisement

1. Have the technic and science, no images and contents that influence or convince.
2. Present the information which is true, not exaggerate the benefits of food products and feeding tools for infants and children.
3. Type in Lao language and describe clearly.
4. Avoid the words which make people believe and misunderstand about the food products and feeding tools for infants and children or promote the value of powdered milk is the same as breast feeding or higher value than breast feeding for treating infants and children.
5.  No brands or any marks of food products and feeding tools for infants and children and representatives of advertisement, published or dealers.
6. Describe clearly about the benefits and values of breast feeding that are higher than food products and feeding tools for infants and children.
7. Describe clearly about the breast feeding since the date of birth and sustain the breast feeding only and forever.
8. Describe clearly about the complicate of returning to treat children by breast feeding if using the food products to replace breast feeding before.
9. Describe clearly about the beginning of treating children by dietary supplements from 6 months.
10. Describe clearly about the impact if treating children by food products instead of mom’s milk, the use of artificial feeding bottle and pacifier as well as providing dietary supplements before the due date.
11. Describe clearly about treating children by dietary supplements which is easy for cooking at the houses by using ingredients that already have.

      For the implementing guideline is defined separately.

2. Unpermitted to Promote and Donate Food Products and Food Accessories for Infants and Children

Individual, legal entity or organization will not be approved for promoting the production, advertising, publishing, trading the food products and feeding tools for infants and children by directly or indirectly methods that can influence and convince the consumer to buy. As well as convince and influence the health officials who is working in healthcare system for financial benefits or the advantages which are the materials and other benefits such as offer gifts, donations, distributions, members, educational and agricultural funds, activity promotion in seminar days, occasional fairs, merit and sport festivals. The support which breaks and violates the laws such as distorting the information, giving and taking bribes, cheating for personal gain.

The approval for donating or distributing the food products and feeding tools for infants and children directly or indirectly to the places where have the special circumstances or disaster areas or floods in national level and other necessary donations, shall apply the permit at department of hygiene and health promotion, ministry of health. Those donations shall be stated the reasons, conditions, schedule and all activities of donations must be inspected and no obligations or any conditions.

3. The Determination of Characteristic of Labelling of Food Products and Feeding Tools for Infants and Children

The labelling of food products and feeding tools for infants and children, besides comply to the principle of international food codes, relevant laws and regulations of Lao PDR, shall be approved by ministry of health which the department of food and drug is responsible for researching and purposing as well as approve the packaging and labelling. For the procedures and methodology of approval shall comply to the decision on food registration.

1. What not to Specify on the Label

To ensure the contents of labelling and packaging of food products and feeding tools in consistent to the standards of principle of international food codes, relevant laws and regulations, shall not have a character of printing, images, painting and any performances which convince, influence or persuade to buy as following:

1. Image of infants or children with parents, siblings, grand-mother of grand-father, cousins, babysitters or family.
2. Image or painting of infants, children, animal characters or characters which show as a representative of parents, siblings or family which are holding or having artificial feeding bottles or any food containers which is similar to feeding tools for infants and children.
3. Artificial feeding bottles or any food containers which is similar to feeding tools for infants and children which contain white substance.
4. Image or drawing of infants or children, and food products and feeding tools are in the same image.
5. Image or painting of infants and children, and any people are attached with the brand of products.
6. Any containers which are similar to feeding tools for infants and children such artificial feeding bottles, plastic feeding heads, pacifiers which are used for infants and children.
7. Display food products and feeding tools for infants and children where eases to see and closes to famous or popular products.
8. Print on the containers which are produced from glass, plastic or materials which are similar and/or can be used similarly as feeding tools for infants and children for advertising.
9. Artificial feeding bottles, plastic feeding heads, pacifiers or food products and feeding tools for infants and children.
10. Messages, words or talking sentences which are claimed that have certified by organizations or research centers of experts.
11. Colors, designs, names, quotes, dolls or marks which are the same or similar to other products.
12. Messages, words or talking sentences, any images that raise food products and food accessories for infants and children or it seems to be damage, not promote or prevent the breast feeding or create the beliefs of those products have the equal or higher values than mom’s milk.
13. Messages, words, talking sentences or any advises which promote to use artificial feeding bottles, plastic feeding head, pacifiers or feeding tools for infants and children.
14. Be a part of matching products advertisement such as using brands, packaging designs, color patterns, dolls, marks which are similar to milk powder for infants, continuous formula or milk powder for children by the same entrepreneurs
15.  Present the untrue information, cheat or create misunderstanding of nutrition or claim on health which is not consistent to food regulations.
    1. What can Specify on the Label

To ensure the contents, labels and packaging of food products and feeding tools for infants and children to meet the standards of principles of international food codes, laws and regulations as related, it shall write the messages, words, sentences and advise in Lao language and has the contents as following:

1. Have important information or cautions which have the same or similar meaning as prescribed by principle of international food codes and government.
2. Breast feed has the best value.
3. Nothing can replace breast feeding.
4. Use food products and feeding tools for infants and children can impact on breast producing.
5. Necessary for use and how to use food product and feeding tools for infants and children from agencies or health officials.
6. Guideline on processing and how to use food products and feeding tools for infants and children, shall use the messages, words, sentences or advises which are appropriate and easy to understand.
7. Have the caution, advises about the use of food products and feeding tools for infants and children, and specify the child’s age and the harm on health from false processing.
8. The conditions of preservation which are necessary before and after open the food products and feeding tools for infants and children shall think about the temperature and environment.
9. The harm on health by using food products and feeding tools for infants and children including milk powder to replace breast feeding which may contain the pathogenic microorganisms.
10. Specify the number of the production date, expiration, production number of food products and feeding tools for infants and children.
11. Specify the ingredients of food products for infants and children and provide the list of analysis on nutrition and origin of production. Do not design to show the comparison with breast feeding.
12. Name and address of manufactures.

4. Label for Infant’s Milk Powder, Continuous Formula and Children’s Milk Powder

      Label for infant’s milk powder, continuous formula and children’s milk powder including powdered milk for growing, dietary supplements or food for infants and children must be stated in Lao language and have the character of messages, words, sentences or recommendations, contents and size as following:

1. Have the key notices and descriptions that can see and understand easily and clearly. The letters shall be in bold and identified under, for example, breast feeding is the easy way and the best method for treating infants and children. Mom’s milk is an essential element for growing up healthy and infant’s and children development and having the immunity to against the diseases such as diarrhea, pneumonia etc. The determination of letter size shall not be lower that 1/3 and height of letters shall not be lower than 2 mm.
2. Have the words “Caution” in bold letter and specify the message “Before deciding to feed dietary supplements or replace breast feeding by using this product, please ask for the advises from the health experts or doctors before using. For your kid’s health, every time you should comply to the guideline of processing with the attention and correct. If you are using the artificial feed bottle, your kids may refuse the breast feeding which can impact on kid’s health. If feeding kids by glasses, this is a correct way of hygienic.”  The determination of letter size shall not be lower that 1/3 od the letters off product name and height of letter shall not be lower than 1.5 mm.
3. Have clearly caution for infant’s milk powder, continuous formula and children’s milk powder. The products should be sterilized and do not contain pathogenic microorganism, and shall be processed and used correctly and appropriately.
4. Specify the children’s age, date of production expiration in number, production number of infant’s milk powder, continuous formula and children’s milk powder product including formula for growing up, dietary supplements or other foods for infants and children.
5. Breast feeding and continue until kids have 2 years or over.
6. Avoid to feed kids by infant’s milk powder, continuous formula and children’s milk powder including formula for growing up, dietary supplements or other foods for infants and children before 6 months.
7. The method of making infant’s milk powder, continuous formula and children’s milk powder including formula for growing up, dietary supplements or other foods for infants and children shall make once a time with boiled water and keep until it cool but the temperature should not be lower than 70 degree Celsius.
8. For milk powder which has been processing if kids cannot finish, it must be throw away.
9. Specify the ingredients and protein of infant’s milk powder, continuous formula and children’s milk powder product including formula for growing up, dietary supplements or other foods for infants and children.
10. Label of continuous formula is prohibited to use for infants that lower that 6 months or use for infant’s nutrition only. The message shall have the size of letters not lower that 1/3 of the letters of product name and the height of letter shall not be lower than 1.5 mm.
11.  Label of children milk formular is prohibited for infants that is lower that 12 months or use for infant’s and children’s nutrition only. The message shall have the size of letters 1/3 of the letters of product name and the height of letter shall not be lower than 1.5 mm every time.
12. Milk feeding recommendation schedule, which specifies the suitable proportion of milk in order to treat kids, shall be consistent to the guideline on food from the world health organization in each period.
13. Non-fat milk, low-fat milk or formular as powder or liquid shall specify “This product is prohibited to use for infant’s nutrition”. The message shall have the size of letters 1/3 of the letters of product name and the height of letter shall not be lower than 1.5 mm every time.
14. Condensed milk shall specify “This product is prohibited to feed the infants.” The message shall have the size of letters 1/3 of the letters of product name and the height of letter shall not be lower than 1.5 mm every time.

5. Label for Pacifiers

      Label of pacifiers shall be specified in Lao language and write the messages, words, sentences or advises which shall have the content as “Using pacifiers can trouble the breast feeding”. The message shall have the size of letters not be lower that 1/3 of the letters of product name and the height of letter shall not be lower than 1.5 mm.

6. Labelling or Documents of Recommendations for Using Artificial Feeding Bottles or Plastic Feeding Head

Label of artificial feeding bottles or plastic feeding head shall be in Lao language and write the messages, words, sentences or recommendations which shall have the content as following:

1. Have “important notice or description” which can be seen and understand easily and clearly. The letters shall be in bold and specified below such as “Breast feeding is the best, mom’s milk is the best food for growing up to be healthy and infant’s and children’s development and having the immunity to against the diseases such as diarrhea, pneumonia etc.” The determination of letter size shall not be lower that 1/3 and height of letters shall not be lower than 2 mm.
2. Have the notices or descriptions which are important to children’s health and we shall comply to the guideline on cleaning and disinfection correctly. If you use the artificial feeding bottes, your child may no longer eat from mom’s breasts. The determination of letter size shall not be lower that 1/3 and height of letters shall not be lower than 2 mm.
3. The methods of cleaning and disinfection must write in the letters and use the images and painting which can be seen clearly and understand easily.
4. Describe that feeding by glasses is hygienic than feeding by artificial milk bottles.

IV. Responsibilities of Departments and Other Relevant Agencies   

Despite the responsibilities in according to the roles, rights and duties, departments and other relevant agencies shall be responsible for the guideline for implementation of decree on food products and feeding tools for infants and children No. 472/PM, dated 30 December 2019 as following:

1. Responsibilities of Hygiene and Health Promotion Department

      Department of hygiene and health promotion is a focal point to implement the guideline for implementation of decree on food products and feeding tools for infants and children and shall have the responsibilities as following:

1). Advertise and promote the decree on food products and feeding tools for infants and children and implement the guideline for implementation of decree on food products and feeding tools for infants and children, and all information about protecting, promoting and encouraging the breast feeding to relevant agencies and community.

2). Define the appropriate places for selling, trading and distributing food products and feeding tools for infants and children.

3). Research, plan, collect, evaluate, summarize and report about the operations of the management of food products and feeding tools for infants and children.

4). Manage, monitor and inspect food products and feeding tools for infants and children.

5). Open the training for monitoring, inspecting food products and feeding tools for infants and children.

6). Cooperate and coordinate with internal and external organizations in order to implement decree on food products and feeding tools for infants and children and this guideline.

7). Obtain the complaints or reports of violating the decree as well as research the solutions and measures for violators in accordance with laws and regulations.

8). Take other responsibilities in according to laws

2. Responsibilities of Food and Drug Department

     Food and drug department has the responsibilities as following:

1). Monitor and inspect the food products for infants and children in particular the quality and safety of food products which include the goods labels of wholesale and retail sectors.

2).  Manage the advertisement of business operators about the food products for infants and children by coordinating and cooperating with line departments at ministry of health, ministries and other relevant agencies, especially, ministry of public security, ministry of industry and commerce, ministry of education and sport, ministry of information, culture and tourism and other relevant agencies that connect with community.

3). Offer to suspend or terminate the import, export, production and sell of food products for infants and children which violates laws, decree and this guideline.

4). Inspect and certify the quality of food product for infants and children before approving the import, donation or any assistances etc.

5).  Take other responsibilities in according to laws

3. Responsibilities of Healthcare and Rehabilitation Department

    Healthcare and rehabilitation department has the responsibility as following:

1). Monitor and inspect about the trading, having and using of food product and feeding tools for infants and children within and around the health service areas.

2). Monitor and inspect the behavior of health officials who is working in healthcare system, consumers and business operators of food product and feeding tools for infants and children.

3). Coordinate and cooperate with line departments within ministry of health.

4). Take other responsibilities in according to laws.

4. Technical Implementation Committee 

    Technical implementation committee is under the national committee on managing food and drug No.51/PM, dated 3 August 2018. Ministry of health shall appoint the technical committee after this guideline is endorsed and announced, the committee should include the technical officials from hygiene and health promotion department, nutrition center, communication center for health and health education, health center for mother and child, food and drug department, food and drug inspection sector, food and drug research center, healthcare and rehabilitation department, organization and personnel department, inspection department and other technical officers from relevant agencies.

    The roles, rights and duties of technical implementation committee as following:

1. Ensure to have the monitor, inspection and implementation of decree on food products and feeding tools for infants and children No.472/PM, dated 30 December 2019 and this guideline, by coordinating with ministries, organizations and other agencies as related.
2. Must monitor and inspect the operations of food products and feeding tools for infants and children in regular basis.
3. Offer the penalty, suspension, termination or cancel of operating business license and measures for violators in according to laws and regulations.
4. Every violation which is fined, suspended, terminated and canceled the operating business license and takes disciplinary measures, the committee shall report to the national committee of managing food and drug immediately.
5. Coordinate and cooperate with internal and external organizations about the implementation on food products and feeding tools for infants and children.
6. Hold the quarterly meeting in order to review the implementation on food products and feeding tools for infants and children in particular the quantities and the nature of violations which have been reported via consumer protection call center that ministry of industry and commerce is responsible including the use of measures and report to food and drug management committee.

V. Final Provisions

1. Implementation

    The department of hygiene and health promotion is authorized to be a focal point and coordinate with relevant agencies in order to implement this guideline to be efficient.

    Ministries, organizations, local authorities and relevant agencies must aware and implement strictly.

2. Effectiveness

    Business operators or entrepreneurships of food products and feeding tools for infants and children which already obtained the permit before issuing this guideline, shall adapt their business to be consistent to this decree and guideline.

    This guideline shall be effective from the date of signature and publish on Lao official gazette.

 

Minister

Assoc. Prof. Dr. Bounkong Sihavong