The food and drug supervision administration of the national health family planning administration for industry and commerce on further regulating the behavior of breast milk substitutes publicity and sales

The 2013-11-04 national health and population and family planning commission of the People's Republic of China

Food drug safety supervisor - [2013] no. 214

Provinces, autonomous regions and municipalities directly under the central government, health food and drug administration bureaus (health and family planning commission), industrial and commercial administration bureau, bureau of quality and technical supervision, the xinjiang production and construction corps of the food and drug administration, quality and technology supervision bureau, health bureau:

To protect infants and young children healthy, further regulate the behavior of breast milk substitutes publicity and sales, according to the law of the People's Republic of China on maternal and infant health act and its implementing measures, "breast milk substitutes sales management method" regulation, such as regarding matters related to notice the following:

A regulation, infant formula strict quality safety and tag

Infant formula is important breast milk substitutes. Food and drug regulatory department, the administrative department for industry and commerce, quality and technology supervision departments to earnestly pays special attention to the infant formula, especially on the basis of quality and safety of infant formula powder, in accordance with the "breast milk substitutes sales management method" and the national food safety standards, increase the intensity of infant formula label daily check, supervise the infant formula food production enterprises are labelled in accordance with the law, urge the infant formula and business operation entity to carry out the incoming inspection and inspection record system. Application, infant formula label marked word notes that breast-feeding superiority publicity slogans, and shall not be printed with the baby pictures, shall not be used "humanized", "milk" or similar terms.

Second, it is forbidden to medical institutions and their staff promotion and sales of breast milk substitutes

The family planning administrative department of health to strengthen the supervision and administration of medical institutions and their staff, strengthen the construction of medical ethics, to consolidate the baby-friendly hospital, vigorously promoting breastfeeding, to maintain a healthy children. If necessary, the hospital should retail channels to buy milk substitutes, and keep shopping receipts and invoices. Medical institutions are strictly prohibited to accept gift of breast milk substitutes production and business operation entities and sponsorship, shall not collect kickbacks, gain an advantage. It is forbidden to breast milk substitutes production and business operation entities do all kinds of marketing in medical institutions. It is forbidden to medical institutions and their staff to pregnant women and their families, promote breast milk substitutes. Breast milk is the best nutrition for infants and young children sources, breastfeeding is one of the most effective way to ensure that infants and young children healthy. Actively advocating and promoting breastfeeding, implement "early contact, early, early sucking milk", for the maternal and their families to provide necessary help and guidance of breastfeeding.

Three, standardized advertising breast milk substitutes

The industrial and commercial administrative departments shall, in accordance with the law to strengthen the regulation of breast milk substitutes advertisement examination, to release false illegal milk substitutes especially false illegal advertisement infant formula food advertising campaign. Serious violations of the advertisement law of the People's Republic of China, the interim provisions on food advertising and other related regulations, contain express or implied replace mother's milk, use of the image of breastfeeding women and infants and other illegal content of infant formula food advertising, ensure the advertising market order of the civilization integrity.

Fourth, increase the punishment of violation behavior

, more attention must be paid to the regulatory authorities to carry out the supervision responsibility, intensify illegal case investigation, investigate it when do have, barriers, law applied.

(a) the food and drug regulatory department, the administrative department for industry and commerce and quality and technology supervision departments for daily check found in infant formula problems occurred in production and business operation entities and advertising units, strictly in accordance with the processing, and promptly notify the relevant departments.

(2) the family planning administrative department of public health in violation of the relevant provisions of the medical institutions and their staff, according to the interim measures for investigating and handling medical institution staff disciplinary violations, "and" from personnel of course of conduct of medical institution "and other relevant provisions, strictly investigate. If the circumstances are serious, reduce medical institutions review order, shall be investigated for responsibility.

(3) the infant formula food production and business operation entity shall strictly carry out "breast milk substitutes sales management method" and other laws and regulations, shall not be an illegal marketing of infant formula. Regulators found that breast milk substitutes, especially infant formula promotion and sales activities of commercial bribery, shall be handed over to the relevant departments in accordance with the disposal; If the case constitutes a crime, shall be according to the supreme people's court, the supreme people's procuratorate on handle criminal cases of commercial bribery opinions on some issues of applicable law "the relevant provisions, handed over to the judicial organs shall be investigated for criminal responsibility according to law.

Five, the work requirements

(a) regulatory departments to strengthen organizational leadership, clear responsibility, establish a long-term supervision mechanism. For infant formula food production and business operation entity, the medical institution and its staff, supervision and inspection of the units of advertising, it is forbidden to appear illegal advertising and selling breast milk substitutes. Timely summary to promote the practice and experience of typical long-term regulatory mechanism.

(2) the supervision department should cooperate closely, work together, work together. Further strengthen, regulatory enforcement linkage between regions, between departments strengthen cross-sectoral, cross-regional information bulletin and the investigation of the case, to punish violations, propaganda and sales behavior of breast milk substitutes.

(3) the regulators to open channels of complaint reporting, complaints from the public, to encourage the social from all walks of life complain inform against breast milk substitutes violations, propaganda and sales behavior, timely check disposal violation behavior.

State food and drug supervision and administration bureau

The national health and family planning commission of the People's Republic of China

The state administration for industry and commerce of the People's Republic of China

On October 17, 2013