The Decree 100/2014/nd-Cp: Regulations On Trading And Using Nutritional Products For Infants, Feeding And Artificial Suck Breast

Original Language Title: Nghị định 100/2014/NĐ-CP: Quy định về kinh doanh và sử dụng sản phẩm dinh dưỡng dùng cho trẻ nhỏ, bình bú và vú ngậm nhân tạo

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THE GOVERNMENT.
Number: 100 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 6, 2014

DECREE

Business regulation and the use of nutrition products

It ' s used for children, breastfeeding and aquifers.

________________

Government Law Base December 25, 2001;

Base of Law on Protection, Child Care and Education on June 15, 2004;

The Advertising Law Base June 21, 2012;

Food Safety Law Base June 17, 2010;

The Commercial Law Base June 14, 2005;

At the request of the Minister of Health,

The government has enacted a regulatory decree on business and uses nutrition products that are used for children, breastfeeding and aquifers.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree provides for information, education, media, advertising; business and use of nutrition products used for children, breastfeeding, and artificial mamas; in business, using nutrition products used for children to reduce rates. malnutrition on the basis of encouragement and protection of breastfeeding-the best food for the health and comprehensive development of young children.

What? 2. Explain the word

In this decree, the words below are understood as follows:

1. nutritional products for children as breast milk replacement milk products and dietary supplements used for children under the age of 24 months are produced in accordance with the method of industry, regulatory standards, in line with the need for nutrition according to each time. stage of development or special physiology of young children.

2. Milk products substitute breast milk for children under 24 months of age include:

a) The formula for a liquid or powdery form is prepared from cow's milk or other animal milk with proper ingredients that can use breast milk substitution for children under 12 months old (infant formula);

b) The formula nutrition product has a liquid form or a form of powder prepared from cow's milk or other animal milk with the appropriate or animal-derived ingredients, plants for use in the dietary supplement period used for children aged 06 to 24 months. (follow-up formula);

c) Other formula nutritional products are either liquid or powdery prepared from cow's milk or other animal milk with proper ingredients or have animal origin, plants presented or introduced are suitable for children under 24 months of age, but does not include additional food in the nutrition structure for children aged 6 months.

3. Additional nutritional products (abbreviated food) are gelatinous or privileged foods that have enough 04 groups of ingredients: Starch, protein, fat, vitamins and minerals made available for additional eating along with breast milk or dairy products that replace milk. I used it for kids under 24 months of age.

4. Young children are young from birth to 24 months old.

5. The nutrition product label for young children is the writing, in print, drawings, drawings of the letter, images that are pasted, printed, engaged, molded, carved, carved directly on the goods, product packaging of the product or on other materials mounted on the product, packaging The products of nutrition products are used for children.

6. Preserve nutritious products for young children is to provide free a small amount of nutrition products that are used for children.

7. Medical facilities include: Pediatric multi-faculties hospital, department of department; specialty hospital; children; midwife; multi-department clinic, specialty clinic, pediatric clinic; regional multifaculties clinic; township health station, ward, town; nutritional research facility or facility. Nutritional counseling for children.

8. Physician, medical staff including: Doctor, physician, nursing, student, nutritional counselor, or other specialist, including volunteers working without pay at medical facilities.

9. Manufacturing base employees, the nutrition products business for children including: A monthly salary contract employee, the company ' s rose-in-store salesman, collaborator, employees who promote the sale of nutritious products for children and children. Little.

Chapter II

INFORMATION, EDUCATION, MEDIA AND ADVERTISING.

What? 3. Information, education, media about the benefits of breastfeeding on breast milk

Information, education, media about the benefits of breastfeeding and child-feeding methods must be prioritised in the information program, education, media coverage of maternal and child health protection, in terms of improving the state of nutrition in the country. Young children.

What? 4. Information documentation, education, media on young children and children.

1. The content of information, education, media on young nurseries must be clear, easy to read, easy to understand, to ensure objectiation, science.

2. Information, education, media coverage of young children must ensure the following content:

a) The benefits and preeminence of breastfeeding, the assertion that breast milk is the best food for the health and comprehensive development of young children; antibacterial factors, especially antibodies only in breast milk have the effect of helping children, Anti-diarrhea, respiratory tract infection, and some other bacterial infections;

b) The child ' s guide is entirely by breast milk for the age of 6 months and continues to breast-breast milk to 24 months of age or longer, giving children food supplements properly, rationing from the age of 7 months;

c) Disadvantages of not raising children with breast milk but instead to children eating breast-substitution dairy products such as: Do not provide children with immunity in breast milk, economic costs, time, children may be infected if the phase is not properly processed and processed. No difference.

d) The indecent effect of breastfeeding, aquifers, or eating additional food before age 6 months old;

Guide, preserve, choose, and use additional food for children at home using simple methods, safe maintenance, reasonable nutrition with available foods;

e) A reasonable nutrition for the mother to maintain breast milk.

3. Ban the information document, education, media on young children raising the following content:

a) Painting, speech or other forms intended to encourage children to eat breast milk substitute breast milk, breastfeeding or not to encourage breastfeeding;

b) Comparison of dairy products substitute breast milk is equivalent or better than breast milk;

c) The name or symbol of the milk product that replaces the breast milk, breastfeeding, aquifer.

What? 5. Information documentation, education, media on the use of nutrition products used for children and children.

The content of information material, education, media on the use of nutrition products for children must ensure the following requirements:

1. Guide to selection, use of the right nutritional product for children;

2. Guide to clean washing and pausing tools for small children to eat;

3. Guide a way for children to eat with cups, teaspoon of hygiene;

4. harmful alerts may occur to the health of young children if for artificial breast-sucking babies, breastfeeding or additional eating before age 6 months of age;

5. Provide information about the ability to infect bacteria when children suck and when the milk products replace the unprocessed breast milk and feed properly;

6. Warning how expensive it is to raise young children with breast milk production.

What? 6. Nutrition product advertising for kids

1. Strict advertising of dairy products that replace breast milk for children under 24 months of age; additional food is used for children under 6 months old; breastfeeding and aquifers make up in all forms; using fetal or young images in milk advertising for women. A pregnant woman.

2. The promotion of additional food for children under 24 months of age must ensure the following request:

a) The first part of the ad must be content: "Breast milk is the best food for the health and the comprehensive development of young children";

b) The advertising content must specify "This product is additional food and is eaten in addition to the breast milk used for children aged 6 months"; in accordance with the regulation at Article 4, Article 5 of this decree and other provisions of the law of food advertising and safety.

3. Content, condition, advertising procedure is carried out in accordance with the law of advertising legislation.

Chapter III

BUSINESS AND USE OF NUTRITION PRODUCTS

FOR CHILDREN, BREASTFEEDING AND AQUIFERS

What? 7. Work on a contract and publish appropriate provisions for food safety

1. nutritional products for children before the introduction of circulation on the market must be legally announced or published in accordance with the provisions of food safety in accordance with the law of food safety.

2. The Minister of Health enacted the National Technical Regulation for the food nutrition product used for small children.

What? 8. Regulation of dairy products that replace breast milk for children

1. The breast milk product label that replaces the breast milk for young children must ensure the following request:

a) There must be a flower print: "UNCLE", then a common print on the content that needs to be noted as follows: " The breast milk is the best food for the health and the full growth of young children. Anti-bacterial factors, especially antibodies only in breast milk have the effect of helping children, anti-diarrhea, respiratory tract infections, and some other bacterial infections. " The height of the letter is not below 2 mm. The color of the text must be clear and color contrast to the background color of the label;

b) There must be a regular print: " Only use this product according to the doctor ' s instructions. Make the right guide. For kids to eat with a cup, a teapot. " The height of the letter is not below 1.5 mm;

c) Must specify the appropriate age of the child when using the breast milk substitute;

d) The label of breast milk substitute breast milk is not pictured, young children ' s paintings, mothers for breastfeeding, breastfeeding; are not used in language, the image of a milk product that replaces breast milk has a comparable quality or better than breast milk or to encourage children. Breastfeeding; not like the image of milk for women who are pregnant;

On the label of the milk substitute breast milk must print the number of papers receiving a valid publication or the number of papers confirming the proper food safety regulation.

2. The other content of the breast-to-breast milk product label must be done in accordance with the rule of law on the labeling of domestic circulation goods, export goods, imports, food safety and must guarantee the following request:

a) The right guide to the preparation and the simple, understandable tables in Vietnamese;

b) The toilet tool guide;

c) Terms of preservation, pre-use, and after opening the box.

What? 9. Additional food labels regulation for children

1. The supplemated food label for children must ensure the following request:

a) Must be noted: "This product is an additional food and is eaten in addition to the breast milk that is used for children over the age of 6 months". This line must be on the front of the product, in uppercase letters, the height of the letter not under 2 mm. The color of the text must be clear and color contrast to the background color of the label.

b) There must be a flower print: "UNCLE", followed by the common print of the content to note as follows: "Mother milk is the best food for the health and the overall development of children". The height of the letter is not under 2 mm;

c) Must specify the appropriate age of the child when using the product;

d) The label of the product is not pictured, painted young children, mothers for breastfeeding, breastfeeding; not being used in language, the image showing products of comparable quality or better than breast milk or to encourage breastfeeding;

The label of the product must print the number of papers receiving a contract publication or the number of papers confirming the proper food safety regulation.

2. The other content of the complementary food label for young children must follow the correct regulation of law on the labeling of domestic circulation goods, export goods, imports, and food safety.

What? 10. Regulation of breastfeeding products and aquifers create

1. The breastfeeding product must guarantee the following request:

a) There must be a normal print: " In the right direction of the hygienal, the bacillus. The use of breastfeeding can cause children to breast-feed and have a risk of diarrhea ". The height is not less than 2 mm. The color of the text must be clear and color contrast to the background color of the label;

b) The right guide to keep the sanitation and the sterilus;

c) The correct name and address of the production facility, the distribution facility.

2. Packaging or artificial breast stickers must have a common print: "Using an aquifer does not affect breast-feeding." The height is not less than 2 mm. The color of the text must be clear and must be in contrast to the background color of the label.

3. The product 's product label, the artificial breast is not pictured or painting has a newborn baby image and young children, mothers for breastfeeding, images and languages expressing this product similar to the mother' s nipples.

4. The product label of breastfeeding, artificial mamas made in Clause 1, 2 and 3 This is applied both to both breastfeeding and aquifer produce in water or imported.

Chapter IV

RESPONSIBILITIES IN BUSINESS AND USE

BABY NUTRITION PRODUCTS

What? 11. The responsibility of the manufacturing facility, the nutrition products business used for children.

1. The manufacturing facility, the business is responsible:

a) Sales of nutrition products used for children to guarantee quality, food safety in accordance with the standard or standard announced;

b) Provide accurate information, science and the right use of the right nutrition product for children in accordance with Article 4, Article 5 of this decree for physicians, health workers and consumers.

2. Production base, business is not:

a) The organization produces, the business of nutrition products used for children that are not in the correct standard or standard already announced; the product has expired use; there is no label or packaging packaging;

b) Bachelor of direct or indirect contact with a mother, pregnant woman or family member at a medical facility or outside the medical facility with the purpose of advertising, propaganda, encouraging use of breast milk replacement;

c) The organization displays milk products that replace breast milk, dietary supplements used for children under the age of 6 months at the medical facility; on display, the dairy product logo replaces the breast milk on banners, posters and other advertising materials in supermarkets, retail stores, and other products. and medical facilities;

d) Apply the recommended measures for breast milk substitution products such as samples of samples, coupons, awards, gifts, reward points, discounts or any other form;

) Using a form of scholarship funding, scientific research funding, funding funding for training, conferences, seminars, courses, concerts, competition, theater, theater, theater, video clips, video clips, video clips, video clips, video clips, video clips, video clips, video clips, video clips, video clips, and other forms in order to propagate, introduce, promote business or use dairy products to replace the mother ' s milk;

e) Perform or support information, education, media related to young children to propagate, introduce, promote business or use dairy products to replace breast milk.

What? 12. The responsibility of the medical facility

1. The medical facility is responsible:

a) The organization carries out breastfeeding advisory measures for pregnant women, mothers with children and members of their families; they have children and children.

b) The declaration of propaganda, hanging pano, posters or for posting images of the specified content at Article 4, Article 5 This resolution at the birth office, the waiting room, the following room, the nutrition counseling room or the easy places, focuses the object. Pregnant women, mothers with children and family members;

c) Create a condition for the mother to breastfeed early in the first 1 hours after birth, breastfeeding completely in the first 6 months and continue breastfeeding lasts for up to 24 months or longer.

2. The medical facility is not:

a) The organization sells or allows the sale of dairy products to replace breast milk at the medical facility, except for hospital pharmacy;

b) Allow the production facility, the dairy products business that replaces the breast milk on display, listing any items, the device with the name or symbol of the breast milk replacement of breast milk, breastfeeding, artificial mamma at the medical facility;

c) Allow employees of the production facility, the dairy product business replacing the mother with a child, pregnant women in all forms;

d) Receive breast milk replacement; material benefit; the name or symbol of the dairy product that replaces the breast milk due to the production base, the givage business.

What? 13. The physician ' s responsibility, the health worker in the medical facilities

1. The healer, the health worker in the responsible medical facilities:

a) Encouragement, support and protection of breastfeeding; understanding and implementing regulations at this Decree;

b) The information for the mother has a child, the pregnant woman about the benefits of breastfeeding and how to perform;

c) Help mothers to breastfeed within an hour of birth;

d) Only guide mothers how to breastfeed and maintain milk source even if they have to be far from you;

Advising mothers and family members to breastfeed entirely in the first six months;

e) Guide, help the mother who is near her shortly after birth;

g) encourage the mother to breastfeed according to the need;

h) Guide to mothers and family members who are not breastfeeding or using artificial nannies;

i) Recommend the establishment of breastfeeding support groups and introduce mothers to that when mothers are discharged;

l) specify a young case to use a breast milk substitute.

2. The healer, the medical staff in the medical facility is not:

a) Guide to children under 6 months of age using breast milk replacement milk, except for the doctor ' s designation;

b) Information for pregnant women, mothers with children or family members who are for children to eat milk products that replace breast milk have more or better value for breastfeeding;

c) Direct or indirect milk product replacement of breast milk; material benefits; the use of the name or symbol of the breast milk substitution of the breast;

d) Allow the basis of production, sample business, giving gifts in relation to breast milk substitution products;

) Provides a list of names, ages, addresses, phone numbers of mothers with children, pregnant women for the production facility employees, business or allowing the production base staff, the dairy business that replaces breast milk access to pregnant women, She had a baby at the medical facility.

What? 14. Managing responsibility

1. The Ministry of Health, ministries, industry, the People ' s Committee on the scope of its jurisdiction is responsible for managing the use of nutrition products used for small children; quality management, safety on nutrition products used for small children; organization, food and nutrition. Inspector, check out the regulation of the law on business and use nutritional products for children, breastfeeding, and artificial breast.

2. Ministry of Culture, Sports and Tourism, in collaboration with the Ministry of Health, Ministry of Commerce, Ministry of Information and Communications responsible for information management, advertising of nutritional products used for children by law.

3. The Ministry of Health chaired, co-ordinated the Central Society of Vietnam Women ' s Association, political-social organizations, social organizations organizing propaganda, guiding implementation of the provisions of the law on business and the use of nutrition products used for children and children. Small, breastfeeding and artificial nannies for pregnant women, mothers and members of their family.

Chapter V

EXECUTION CLAUSE

What? 15. Terms of execution

1. This decree has been in effect since March 1, 2015.

2. Decree 21 /2006/NĐ-CP February 27, 2006 of the Government on Business and Use of Nutritional Products for small children expires since the date of this Decree is valid.

3. The case of nutrition products for children in circulation in the market is continuing to circulate in accordance with the use of records on the product packaging.

What? 16.

1. The Minister of Health is responsible for guidance, holding the implementation of this decree.

2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee; agencies, organizations, individuals involved in the execution of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung