Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694840061947.pdf (Micronesia, Federated States of)
FIFTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA THIRD REGULAR SESSION, 2008 C.B.

NO.

15-96 A BILL FOR AN ACT To further amend Title 41 of the Code of the Federated States of Micronesia, by amending Chapter 11 to further promote, preserve and protect the public’s health, safety and welfare by regulating the marketing of certain foods, feeding bottles, teats and pacifiers to ensure safe and adequate nutrition for infants and young children, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Title 41 of the Code of the Federated States of 2 Micronesia is hereby further amended by adding a new section 1101 3 of chapter 11 to read as follows: “Section 1101.

Short Title and Effective Date.


(1) This act shall be known and cited as the “Federated States of Micronesia [Infant Formula and Food] Marketing of Foods and Related Products for Infant and Young Children Act.’ (2) This act shall come into effect 90 days after enactment.” Section 2.

Title 41 of the Code of the Federated States of 12 Micronesia is hereby further amended by adding a new section 1102 13 of chapter 11 to read as follows: “Section 1102.

Policy Declaration.
Policy Declaration.

It is the intent of this chapter to promote, preserve and protect the public’s health, safety and welfare by regulating the marketing of certain foods, feeding bottles, teats and pacifiers to ensure safe and adequate nutrition for CBL 15-102 C.B.

NO.

15-96 1 2 infants and young children.” Section 3.


Title 41 of the Code of the Federated States of 3 Micronesia is hereby further amended by adding a new section 1103 4 of chapter 11 to read as follows: “Section 1103.

Definitions.
Definitions.

In this chapter, unless the context otherwise requires, the following words and phrases shall have the following meanings: (1) ‘To advertise’ means to make any representation by any means whatsoever for the purpose of promoting the sale or disposal of a designated product including but not limited to: (a) written publication, television, radio, film electronic transmission, internet, video or telephone; (b) display of signs, billboards, notices; or (c) exhibition of pictures or models.
(2) ‘Advisory Board’ means a Board established pursuant to section 1016 of this chapter.

(3) ‘Complementary food’ means any food suitable or represented as suitable as an addition to breastmilk, infant formula or follow-up formula.

(4) ‘Container’ means any form of packaging of a designated product for sale as a retail unit, including wrappers.

(5) ‘Designated product’ means: (a) infant formula; 2 of 28 C.B.

NO.
15-96 (b) any other product marketed or otherwise represented as suitable for [feeding infants] feeding infants and young children up to the age of two years; (c) follow-up formula (follow-up milk/formula) an infant formula that is most often recommended by the manufacturer for babies older than six months; (d) feeding bottles, teats, training cups (sipper cups); (e) any food product marketed or otherwise represented as advisable for pregnant and breastfeeding women; (f) pacifiers; and (g) such other products as the Secretary of Health may, by regulation, declare to be a ‘designated product’ for purposes of this chapter.
(6) ‘Distributor’ means a person, corporation or other entity in the business, whether wholesale or retail, of marketing any designated product.

(7) ‘Follow-up formula’ means [an animal or vegetable based milk product formulated industrially and marketed or otherwise represented as suitable for feeding infants and young children older than six months of age.]
a milk or milk-like product of animal or vegetable origin formulated industrially in accordance with Codex 3 of 28 C.B.

NO.

15-96 Alimentarius Standard for infant formula and intended to satisfy the nutritional requirements of infants and young children older than six months of age, including follow-up formula for special medical and/or nutritional requirement.
(8) ‘Health care facility’ means a public or private institution or organization or private practitioner engaged directly or indirectly in the provision of health care centers, nurseries or other infant-care facilities.

(9) ‘Health professional’ means a medical practitioner, nurse, midwife, nutritionist, hospital administrator or such other person as may be specified by the Secretary.
(10) ‘Health worker’ means a person providing or in training to provide health care services in a health care facility, whether professional or non-professional including voluntary unpaid workers.

(11) ‘Infant’ means a child from birth up to the age of 6 months.
(12) ‘Infant formula’ means [product of an animal or vegetable based milk formulated industrially in accordance with the Codex Alimentarius Standard for infant formula and intended to: satisfy the nutritional requirements of infants from birth and/or during the 4 of 28 C.B.

NO.

15-96 first six months; or be used as the sole source of nourishment for infants up to the age of 6 months.]
a milk or milk-like product of animal or vegetable origin formulated industrially in accordance with Codex Alimentarius Standards for infant formula and intended to satisfy the nutritional requirements of infants from birth and/or during the first six months, including formula for special medical and/or nutritional requirements.

(13) ‘Inspector’ means an inspector appointed under Section 1020 of this chapter.
(14) ‘Label’ means a tag, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, embossed, attached or otherwise appearing on a container of a designated product.

(15) ‘Manufacturer’ means a person, corporation or other entity engaged in the business of manufacturing a designated product whether directly, through an agent, or through a person controlled by or under an agreement with it.
(16) ‘To market’ means to promote, distribute, sell, or advertise a designated product and includes product public relations and information services.

(17) ‘Medical Officer’ means a person who has graduated from the Pacific Basin Medical Officers 5 of 28 C.B.

NO.

15-96 Training Program as a certified Medical Officer, or a graduate of any other medical training institution as the Secretary may declare by regulation.
(18) ‘Pacifier’ means an artificial teat for babies to suck.

(19) ‘To promote’ means to employ any method of directly or indirectly encouraging a person to purchase or use a designated product.

(20) ‘Sample’ means a single or small quantity of a designated product provided without cost.

(21) ‘Secretary’ means the Secretary of the Department of Health, Education and Social Affairs.
(22) ‘Young Child’ means a child from the age of 12 months up to the age of three years (36 months).” (23) “Gift” means anything in the form of (food or food products, money, material, supplies, equipments, services, toys, etc.)

that are given to voluntarily for free or without compensation; (24) “Sale” means any exchange of goods or services for an amount of money or its equivalent.

Section 4.
Section 4.

Title 41 of the Code of the Federated States of 22 Micronesia is hereby further amended by adding a new section 1104 23 of chapter 11 to read as follows: 24 25 “Section 1104.

Sale of a designated product.

(1) No designated product shall be offered for sale 6 of 28 C.B.

NO.

15-96 or sold other than through a licensed pharmacy.

[or hospital, by prescription from a licensed doctor or medical officer.]
(2) A person shall not distribute for sale, sell, stock or exhibit for a sale any designated product that: (a) is not registered or is not in accordance with the conditions of its registration; (b) has reached is expiration date; or (c) is not in its original container.” 10 Section 5.

Title 41 of the Code of the Federated States of 11 Micronesia is hereby further amended by adding a new section 1105 12 of chapter 11 to read as follows: “Section 1105.

Promotion.
Promotion.

(1) A manufacturer or distributor shall not himself, or by any other person on his behalf, promote any designated product at the point-of-sale, in a health care facility or elsewhere.
Prohibited promotional practices include but are not limited to: (a) advertising; (b) sales devices such as special displays, discount coupons, premiums, rebates, special sales, loss-leaders, tie-in sales, prizes or gifts, provided that this section shall not restrict the establishment of pricing policies and practices intended to provide designated products at lower prices on a long-term 7 of 28 C.B.

NO.
15-96 basis; (c) giving of one or more samples of a designated product to any person; (d) donation or distribution of information or educational material regarding infant or young child feeding or performance of educational functions related to infant or young child feeding, provided that manufacturers and distributors may provide information about designated products to health professionals only if such information is restricted to scientific and factual matters regarding the technical aspects and methods of use of designated products, and is otherwise in accordance with this chapter.
(2) A manufacturer or distributor shall not himself, or by any other person on his behalf: (a) donate or provide at lower than the published wholesale price where one exists, and in its absence, lower than 80 percent of the retail price any quantity of a designated product to a health care facility; (b) donate to distribute within a health care facility equipment or services, or materials including but not limited to pens, calendars, posters, note pads, growth charts and toys, which may promote the use of a designated product; 8 of 28 C.B.
NO.
15-96 (c) offer or give any gift, contribution or benefit to a health worker or associations of health workers engaged in maternal and child health, including but not limited to fellowship, research grants or funding for attendance of meetings, seminars, continuing education courses or conferences; (d) sponsor events, contests, telephone counseling lines or campaigns aimed at pregnant or lactating women, parents of infants or young children, or members of their families, nor sponsor events, contests, telephone counseling lines or campaigns related to but not limited to fertility, pregnancy, childbirth, infant or young child feeding or related topics; or (e) include the volume of sales of designated products when calculating employee remuneration or bonuses, or incentives for distributors, retailers or any other person on their behalf, nor set quotas for sales of designated products.
(3) A health worker engaged in maternal and child health shall not: (a) accept any gift large or small, contribution or benefit, financial or otherwise, of whatever value from a manufacturer or distributor or any person on his behalf; 9 of 28 C.B.

NO.
15-96 (b) accept or give samples of designated products to any persons; or (c) demonstrate the use of infant formula except to individual mothers or members of their families in very special cases of need, and in such cased, shall give a clear explanation of the hazards of the use of infant formula as well as the other information required by this chapter.” (d) there should be no donation or low-price sale of supplies of designated products to any part of the health care system as per WHA Resolution 47.5 (1994).
Section 6.

Title 41 of the Code of the Federated States of 14 Micronesia is hereby further amended by adding a new section 1106 15 of chapter 11 to read as follows: “Section 1106.

Prohibitions related to labels of designated products.
A manufacturer or distributor shall not offer for sale or sell a designated product, other that a feeding bottle, teat or pacifier unless the container or label affixed thereto does not have pictures or graphics of infants, women or other graphics that may idealize the use of the product and indicates in a clear, conspicuous and easily readable manner that following particulars: (1) Instructions for appropriate preparation and use 10 of 28 C.B.

NO.
15-96 in words and in easily understood graphics; (2) The age for which the product is recommended in easily understood symbols according to rules as may be prescribed by the Secretary; (3) A warning about the health hazards of improper preparation and of introducing the product prior to the recommended age; (4) The ingredients used, specifying the origin of any milk product; (5) The composition and analysis; (6) The required storage conditions both before and after opening; (7) The batch number, date o manufacture and date before which the product is to be consumed, taking into account climatic and storage conditions; (8) The name and address of the manufacturer and the distributor; and (9) Such other particulars as may be prescribed by the Secretary.” Section 7.
Title 41 of the Code of the Federated States of 21 Micronesia is hereby further amended by adding a new section 1107 22 of chapter 11 to read as follows: 23 24 25 “Section 1107.

Prohibitions related to labels of infant formula and follow-up formula.

(1) A manufacturer or distributor shall not offer for 11 of 28 C.B.

NO.
NO.

15-96 sale or sell infant formula or follow-up formula for infants [up to 1 year of age] unless the container for label affixed thereto, in addition to the requirements of section 1106 of this chapter: (a) contains the words ‘important notice’ in capital letters and indicated thereunder, is the statement ‘This milk is for babies deprived of their mothers’ milk’.
It protects against diarrhea and other illnesses, in characters no less than one-third the size of the characters in the product name, and in no case less than 3 mm in height; (b) [This product should only be used upon the advice of health professional.

It is important for your baby’s health that you follow all preparation instructions carefully.

If you use a feed bottle, your baby may refuse to feed from the breast.
It is safer to feed from a cup in characters no less than one third the size of the letters of the product name, and in no case less than 1.5 mm in height; and] “contains the ‘warning’ and indicated thereunder, the statement, ‘Before deciding to supplement or replace breastfeeding with this product, seek the advice of a health professional because, in addition to other reasons, powdered infant formula may be contaminated by harmful bacteria.
Powdered infant formula is not a sterile product”, and; 12 of 28 C.B.

NO.

15-96 (c) includes a feeding chart in the preparation instructions and states that leftover formula should be discarded.
(d) “for follow-up formula, the statement that the product shall not be used for infants less than six months of age.” (2) A manufacturer or distributor shall not offer for sale or sell infant formula or follow-up formula in the container or label affixed thereto: (a) includes the terms ‘materialized,’ ‘humanized’ or their equivalent or any comparison with breast-milk; (b) uses text that may tend to discourage breastfeeding; or (c) includes a photograph, drawing or other graphic representation other than for illustrating methods of preparation.” Section 8.
Title 41 of the Code of the Federated States of 19 Micronesia is hereby further amended by adding a new section 1108 20 of chapter 11 to read as follows: “Section 1108.

Prohibitions related to labels of skimmed or condensed milk.

A manufacturer or distributor shall not offer for sale or sell skimmed or condensed milk in powder or liquid form, unless the container or label affixed thereto contains the words 13 of 28 C.B.

NO.
NO.

15-96 1 2 3 ‘This product should not be used to feed infants’ in characters no less than 2 mm in height.” Section 9.

Title 41 of the Code of the Federated States of 4 Micronesia is hereby further amended by adding a new section 1109 5 of chapter 11 to read as follows: Section 1109.

Prohibitions related to labels to low-fat and standard milk.
A manufacturer or distributor shall not offer for sale low-fat or standard milk in powder or liquid form, unless the container or label affixed thereto contains the words ‘This product should not be used as an infant’s sole source of nourishment’ in characters no less than 2 mm in height.” Section 10.

Title 41 of the Code of the Federated States of 14 Micronesia is hereby further amended by adding a new section 1110 15 of chapter 11 to read as follows: “Section 1110.
Prohibitions related to labels of bottles and teats.

A manufacturer or distributor shall not offer for sale or sell a feeding bottle or teat unless it has a label that: (1) Does not contain pictures or other graphics of infants, women or any other graphic that may idealize the use of the product; and (2) Indicates in a clear, conspicuous and easily readable manner, the following particulars: (a) instructions for cleaning and sterilization 14 of 28 C.B.

NO.
15-96 in words and graphics; (b) the words ‘important notice’ in capital letters and indicated thereunder, the statement “[Breastmilk is the best food for infants.”] “This milk is for babies deprived of their mothers’ milk.” in characters no less than one-third the size of the letters of the product name and in no case less than 3 mm in height; (c) the statement ‘It is important for your baby’s health that you follow the cleaning and sterilization instructions very carefully.
If you use a feeding bottle, your baby may no longer want to feed from the breast’ in characters no less than 1.5 mm in height; (d) a statement explaining that feeding with a cup is safer than bottle feeding; (e) a warning that use with sweetened liquids, including infant formula, may cause tooth decay and (f) the name and address of the manufacturer and the distributor.” Section 11.
Title 41 of the Code of the Federated States of 22 Micronesia is hereby further amended by adding a new section 1111 23 of chapter 11 to read as follows: 24 25 “Section 1111.

Prohibitions related to labels of pacifiers.

A manufacturer or distributor shall not 15 of 28 C.B.

NO.

15-96 offer for sale or sell a pacifier unless it is labeled with the words ‘Warning: use of pacifier can interfere with breastfeeding’ in characters no less than 1.5 mm in height.” Section 12.
Title 41 of the Code of the Federated States of 6 Micronesia is hereby further amended by adding a new section 1112 7 of chapter 11 to read as follows: “Section 1112.

Health Workers Responsibilities.


(1) Heads of health care facilities and national and local health authorities shall take the appropriate and necessary measures to encourage and protect breastfeeding and to promote this chapter, and shall give information and advice to health workers regarding their responsibilities and particularly ensure that health workers are familiar with all of the information specified in this chapter.

(2) Health workers shall encourage, support and protect breastfeeding.
They are expected to know the provisions of this chapter.

(3) Health workers shall work to eliminate practices that directly or indirectly retard the initiation and continuation of breastfeeding, such as prelacteal feeds.

(4) Each health worker shall make a written report to the head of his or her work place, who shall in turn report to the Advisory Board, of any offer he or she 16 of 28 C.B.

NO.
NO.

15-96 1 2 3 4 receives for a sample or gift or other benefit by a manufacturer or distributor or any other contravention of the provisions of this chapter.” Section 13.

Title 14 of the Code of the Federated States of 5 Micronesia is hereby further amended by adding a new section 1113 6 of chapter 11 to read as follows: “Section 1113.

Informational and Educational Materials about Infant Feeding.
Informational or educational materials for distribution by public health or educational agencies, intended to be comprehensive on the subject of breastfeeding, whether written, audio or visual, shall: (1) Contain only correct and current information and shall not use any pictures or text that encourages bottlefeeding or discourages breastfeeding; (2) Not give an impression or create a belief that a designated product is equivalent to, comparable with or superior to breastmilk or to breastfeeding; (3) Not contain the name or logo of any designated product nor of any manufacturer or distributor of a designated product, provided that this provision shall not be applicable to information about designated products provided to health officials as authorized by section 1005(1)(d) of this chapter; and (4) Clearly and conspicuously explain each of the 17 of 28 C.B.
NO.
15-96 following points: (a) the benefits and superiority of breastfeeding; (b) the recommended duration of breastfeeding; (c) how to initiate and maintain breastfeeding; (d) how and why any introduction of bottle- feeding or early introduction of complementary foods negatively affects breastfeeding; (e) why it is difficult to reverse a decision not to breastfeed; (f) the importance of timely introduction of complementary foods; (g) that complementary foods can easily be prepared at home using local ingredients; and (h) the value of sustaining breastfeeding for two years or beyond.” Section 14.
Title 41 of the Code of the Federated States of 18 Micronesia is hereby further amended by adding a new section 1114 19 of chapter 11 to read as follows: “Section 1114.

Informational and educational materials about infant formula, follow-up formula or feeding bottles.

If the materials referred to in section 1013 includes the topic of feeding infants with infant formula, follow-up formula or any other food or drink by feeding bottle, it must also include the following 18 of 28 C.B.

NO.
NO.

15-96 points: (1) Instructions for the proper preparation and use of the product including cleaning and sterilization of feeding utensils; (2) How to feed infants with a cup; (3) The health hazards of bottle-feeding and improper preparation of the product; and (4) The approximate financial cost of feeding an infant with such a product in the recommended quantities.” Section 15.
Title 41 of the Code of the Federated States of 12 Micronesia is hereby further amended by adding a new section 1115 13 of chapter 11 to read as follows: “Section 1115.

Submission of materials to Advisory Board.

Any person who produces or distributes any materials referred to in this chapter shall submit copies to the Advisory Board according to procedures as shall be prescribed.” Section 16.
Title 41 of the Code of the Federated States of 20 Micronesia is hereby further amended by adding a new section 1116 21 of chapter 11 to read as follows: 22 23 24 25 “Section 1116.

Implementation.

(1) The Secretary is principally responsible for the implementation of this Act.

(2) For the purpose of implementing this Act, the 19 of 28 C.B.

NO.
15-96 Secretary has the following powers and functions: (a) to promulgate such rules as are necessary or proper for the implementation of this Act and the accomplishment of its purposes and objectives; (b) to call for consultations with government agencies and other interested parties to ensure the implementation of and strict compliance with the provisions of this chapter and the rules promulgated hereunder; (c) to cause the enforcement of this Act; and (d) to exercise such other powers and functions that may be necessary for or incidental to the attainment of the purposes and objectives of this Act.” Section 17.
Title 41 of the Code of the Federated States of 15 Micronesia is hereby further amended by adding a new section 1117 16 of chapter 11 to read as follows: “Section 1117.

National Advisory Board for the Promotion and Protection of Breastfeeding.
(1) There shall be a National Advisory Board for the Promotion and Protection of Breastfeeding to be composed of representatives from: the Department of Health, Education and Social Affairs, MCH/Family Planning, Food and Nutrition, National Food Inspection; the Department of Finance and Administration, Revenue and Customs; and Department of Justice, Immigration and Labor; and such 20 of 28 C.B.

NO.
NO.

15-96 other persons as the Secretary may appoint as members of the Advisory Board; provided that no person shall be appointed who has any direct or indirect financial interest in any designated product.

(2) The Secretary shall appoint the members of the Advisory Board within 90 days of the date of enactment of this Act.
(3) Any member of the Advisory Board may, at any time, resign his or her office by writing to the Secretary or shall vacate his or her office if the Secretary so directs.

A vacancy shall be filled in the same manner as the original appointment for the balance of the unexpired term.
(4) The Advisory Board may invite national or foreign experts to take part in the meetings as observers and may constitute committees or appoint experts for the purpose of detailed study of any matter set before it.” Section 18.

Title 41 of the Code of the Federated States of 19 Micronesia is hereby further amended by adding a new section 1118 20 of chapter 11 to read as follows: “Section 1118.

Administration of the Board.


(1) The Secretary shall appoint officers of the Board as he deems necessary to carry out the purposes of this Act.

(2) The Advisory Board shall hire permanent staff 21 of 28 C.B.

NO.

15-96 necessary to carry out its functions, subject to the budgetary approval of Congress.

(3) The Advisory Board shall meet as often as it deems necessary, but not less than once every other month at such time and place as the Secretary shall indicate.” Section 19.
Title 41 of the Code of the Federated States of 8 Micronesia is hereby further amended by adding a new section 1119 9 of chapter 11 to read as follows: “Section 1119.

Powers and functions of the Advisory Board.
(1) The Advisory Board has the following powers and functions: (a) to advise the President and the Secretary on national policy for the promotion and protection of breastfeeding; (b) to create state committees to carry out the functions of the Advisory Board at the state level, as may be prescribed; (c) to advise the Secretary on designing a National strategy for development communication and public education programs for the promotion of breastfeeding; informational and educational materials on the topic of infant feedings; continuing education for health workers on lactation management and the 22 of 28 C.B.
NO.
15-96 requirements of this chapter; curricula for students in the health professions that include lactation management and to ensure widespread distribution of an publicity concerning this chapter, in a method as may be prescribed; (d) to review reports of violations or other matters concerning this chapter; (e) to issue instructions to inspectors as to actions to be taken, or take such other actions as the case may be, against any person found to be violating the provisions of this act or the rules promulgated pursuant thereto; (f) to scrutinize materials submitted in accordance with section 1015 and recommend appropriate actions to be taken in the case of a violation of this chapter; and (g) such other powers and functions, including the powers of an Inspector, as are conferred on it by the provisions of this act and as may be prescribed.” Section 20.
Title 41 of the Code of the Federated States of 21 Micronesia is hereby further amended by adding a new section 1120 22 of chapter 11 to read as follows: 23 24 25 “Section 1120.

Registration of designated products.

(1) The Secretary shall cause all designated products to be registered in accordance with such conditions and 23 of 28 C.B.

NO.

15-96 procedures as may be prescribed.
(2) The Secretary shall, in accordance with Title 17 of this Code, fix the date after which no designated product that is not registered may be imported, manufactured or sold.

(3) A person applying for registration of a designated product shall furnish such information and samples as may be prescribed.

(4) Once the registration of a designated product has been approved, a Certificate of Registration shall be issued.
(5) No certificate of Registration will be granted unless the designated product is in accordance with the requirements contained in this Act.” Section 21.

Title 41 of the Code of the Federated States of 16 Micronesia is hereby further amended by adding a new section 1121 17 of chapter 11 to read as follows: “Section 1121.

Inspectors.
Inspectors.

The Secretary shall appoint such persons as he sees fit having the prescribed qualifications to, be Inspectors for purposes of this Act within such local limits as it may assign to them respectively provided that no person who has any direct or indirect financial interest is any designated product shall be so appointed.” Section 22.

Title 41 of the Code of the Federated States of 24 of 28 C.B.

NO.
NO.

15-96 1 Micronesia is hereby further amended by adding a new section 1122 2 of chapter 11 to read as follows: “Section 1122.

Power of inspectors.


(1) An inspector may, within the local limits for which he or she is appointed: (a) inspect any premises and all relevant records where any designated product is imported, manufactured, sold, stocked, exhibited for sale, advertised or otherwise promoted; (b) make referrals to the Department of Justice for prosecution with respect to violations of this chapter and the rules made pursuant thereto, and (c) exercise such other powers as may be prescribed.” Section 23.
Title 41 of the Code of the Federated States of 16 Micronesia is hereby further amended by adding a new section 1123 17 of chapter 11 to read as follows: “Section 1123.

Procedure for inspectors.

(1) Inspectors shall inspect, not less than the number of times as may be prescribed, the premises as may be prescribed.
(2) After such inspection, the inspector shall submit a report including any finding of a violation of this chapter and the rules made pursuant thereto, to the Advisory Board and seek instructions as to the action to 25 of 28 C.B.

NO.

15-96 1 2 be taken in respect of such violation.” Section 24.

Title 41 of the Code of the Federated States of 3 Micronesia is hereby further amended by adding a new section 1124 4 of chapter 11 to read as follows: “Section 1124.

Penalties.
Penalties.

(1) Any person who individually or on behalf of any other person violates any provision of this chapter shall be punishable with imprisonment for a term which shall not be more than six months or a fine which shall not be more than $1,000, or both.
(2) Any person having been convicted of an offense under subsection (1) and who is again convicted of an offense under that subsection, shall be punishable with imprisonment for a term of not more than one year or a fine which shall not be more than $3,000, or both.” Section 25.

Title 41 of the Code of the Federated States of 17 Micronesia is hereby further amended by adding a new section 1125 18 of chapter 11 to read as follows: “Section 1125.

Cease and desist order.


The Secretary shall have the power to make cease and desist orders upon receiving a report from an inspector or the Advisory Board of a violation of the provisions of this chapter or the rules promulgated pursuant thereto.” Section 26.

Title 41 of the Code of the Federated States of 25 Micronesia is hereby further amended by adding a new section 1126 26 of 28 C.B.

NO.

15-96 1 of chapter 11 to read as follows: “Section 1126.
Certification of registration may be suspended or revoked.

Where any person has been found to have rules any of the provisions of this chapter, or the rules promulgated pursuant thereto, the Secretary, upon written recommendation of the Advisory Board, and after notice and an opportunity to be heard has been given, may suspend or revoke any Certificate of Registration that has been issued to that person pursuant to this chapter.” Section 27.
Title 41 of the Code of the Federated States of 12 Micronesia is hereby further amended by adding a new section 1127 13 of chapter 11 to read as follows: “Section 1127.

Professional or business license may be suspended or revoked.
Where any health professional has been found to have violated any provision of this chapter, or the rules pursuant thereto, the Secretary may recommend to the relevant authority the suspension or revocation of any license for the practice of the person’s profession or business.” Section 28.

Title 41 of the Code of the Federated States of 22 Micronesia is hereby further amended by adding a new section 1128 23 of chapter 11 to read as follows: 24 25 “Section 1128.

Appeal.
Appeal.

In accordance with Title 17 of the Code, an aggrieved party may appeal an 27 of 28 C.B.

NO.

15-96 1 2 administrative decision rendered by the Secretary.” Section 29.

Title 41 of the Code of the Federated States of 3 Micronesia is hereby further amended by adding a new section 1129 4 of chapter 11 to read as follows: “Section 1129.

Public enforcement.
Public enforcement.

(1) Any person has the right to lodge of formal complaint to the Advisory Board which may recommend that proceedings be instituted against any person relating to a violation of any provision that constitutes an offense under this chapter or rules made pursuant thereto.” Section 30.

This act shall become law approval by the 12 President of the Federated States of Micronesia or upon its 13 becoming law without such approval.
14 15 Date: 2/6/08 Introduced by: /s/ Joe N. Suka Joe N. Suka (by request) 28 of 28