G/TBT/N/THA/471/Rev.2  
 
21 April 20 17 
(17-2170) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member : THAILAND  
If applicable, name of local government involved (Articles 3.2 and 7.2):  - 
2. Agency responsible:   
Bureau of Health Promot ion 
Department of Health  
Ministry of Public Health  
Tiwanon Road, Nonthaburi 11000, Thailand  
Telephone: (+662) 590 4417  
Fax: (+662) 590 4432  
E-mail: mch.doh.center@gmail.com , mathernalchild@gmail.com  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if different from ab ove: -  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Infant 
formula, follow -on formula and complementary food for infant (HS 0401, 0402) 
(ICS:  67.100.10).  - Preparations for infant use, put up for retail sale (HS 190110), Milk 
and cream, not concentrated nor containing added sugar or other sweetening matter.  
(HS 0401), Milk and cream, concentrated or containing added sugar or other sweetening 
matter. (HS 0402).  
5. Title, number of pages and language(s) of the notified document : Draft Control of 
Marketing of Infant and Young Child Food B.E…. (11 pages, in Thai)  
6. Description of  content:  This Draft Act controls the marketing of infant and young child 
food according to the recommendation written in the International Code of Marketing of 
Breast -milk Substitutes and relevant resolutions adopted by Member states of World 
Health Organ ization during World Health Assembly. It is composed of 4 chapters 
47 sections.  
1. In this Act,  
 "Infant" means a child from birth  to the age of 12 months.  
 "Young child" means a child aged over 12 months to 3 years (36 months).  
 "Food for infant" means (1)  milk or other food containing appropriate and 
adequate nutrients for feeding infants under the Food Act; and (2) milk or other 
food that label suggested for feeding infants  
 "Food for young child" means milk or other food intended for feeding young G/TBT/N/THA/471/Rev.2  
 
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  childr en which shall be prescribed by the Minister in the Ministerial Notification on 
the advice of the Committee  
 "Complementary  food for Infants " means food used as nutrient supplementary or 
to build up familiarity to food for infants over 6 months of age and w hich under the 
Food Act.  
2. The Committee on the Control of Marketing of Infant and Young Child Food shall be 
established and composed of the government, academic, and NGOs representatives  
3.  The advertisement of Food for infant is prohibited. There shoul d be no advertisement of 
Food for young child in the way that cross -promote to show that it intended for feeding 
infant.  
4. The label of Food for Infant must be clearly different and easily distinguished from Food 
for Young Child. The food for infant and F ood for Young Child should be clearly different 
from other foods.  
5.  In providing information about the Food for Infant and Food for Young Child (not 
include labels), Manufacturers, importers or distributors must use the information as the 
same wording a s appears on the labels of the Food for Infants and Food for Young Child 
which approved from the law on food, excluding nutrition and health claim. T he Food for 
Infant must include  (1) information regarding the approximate financial cost and the 
quantities , for using the Food for Infants; and (2) warning against inappropriate 
preparation or use of the Food for Infants. The rules, procedures and conditions for the 
provision of the information, as well as the channels for providing information shall be as 
prescribed by the Minister on the advice of the Committee.  
6. In regards to Food for infant and Food for Young Child; manufacturers, importers, and 
distributors are not allowed, to; (1) give out discount coupons or tied products or offering 
exchanges, discou nts, prizes, gifts or other incentives to induce sale; (2) give out samples; 
(3) give out the Food for Infants and Young Children or any other things to pregnant 
women, mothers of infants or young children, or family members; (4) approach pregnant 
women or  mothers of infants or young children, or family members, to promote, 
encourage, or recommend to use the Food for Infants and Food for Young Children.  
7. In regards to the Complementary food for Infant, manufacturers, importers or 
distributors must not eng age in the following marketing promotion practices inside the 
health facilities: (1) Giving out discount coupons or tied products or offering exchanges, 
discounts, prizes, gifts or other incentives; (2) Giving out samples of the complementary 
Food for Infa nt. Manufacturers, importers or distributors are also prohibited from doing the 
marketing of the Complementary food to pregnant women or mothers of infants under 6 
months of age.  
8. The advertisement of Complementary Food for Infant is prohibited. The labe l of Food for 
Infant must be clearly different and easily distinguished from Food for Infant, Food for 
Young Child, and other foods.  
9. In regards to Food for Infants, Food for Young Child, and the Complementary food for 
Infant, Manufacturers, importers or  distributors are prohibited from (1) providing 
equipment that bear the name, mark or symbol of the products to the health service 
providers; (2) giving or offering gifts, money, incentives or any other benefits to the public 
health personnel, with excepti on according to the “customary giving” rules; (3) sponsoring 
the event or conference or academic seminars related to Food for Infants, Food for young 
children, and Complementary food for Infant for health personnel, the public health 
personnel, pregnant wo men or mothers of infants or young children, with exception of the 
funding for the Public Health Profession Organizations, (4) demonstrating or supporting the 
demonstration of the use of the Food for Infant, Food for Young Child, and Complementary 
food for  Infants in health facilities.  
10. The Violation of Section 14 regarding the advertisement of Food for Infant and Young 
Child shall be liable to imprisonment, or fines, or both. Any person who fails to comply with 
other sections shall be liable to a fine.  
11. This Act shall come into force 60 days following the date of its publication in the 
Government Gazette. The section regarding adjustment of label shall come into force 1 
year following the date of its publication in the Government Gazette.  G/TBT/N/THA/471/Rev.2  
 
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  7. Objecti ve and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling  
8. Relevant documents:  The International Code of Marketing of Breast -milk Substitutes and 
relevant resolutions adopted by World Health Assembly.   
9. Proposed date of adoption: To be determined   
Proposed date of entry into force: 60 days following the date of its publication in the 
Government Gazette.   
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry  point  [X] or address, telephone or fax 
number s and  email and website address es, if available , of other body:   
National Bureau of Agricultural Commodity and Food Standards (ACFS)  
50 Phaholyothin Road, Ladyao  
Chatuchak, Bangkok 10900  
Thailand  
Tel.: +(662) 5 61 4024  
Fax: +(662) 561 4034, (662) 561 4088  
E-mail: spsthailand@gmail.com  
Website: http://www.acfs.go.th  
https://members.wto.org/crnattachments/2017/TBT/THA/17_1963_00_x.pdf