G/TBT/N/THA/471  
 
9 December 2015  
(15-6500)  Page: 1/3  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: THAILAND 
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: 
Bureau of Health Promotion 
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 telephon e 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 above : 
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 applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, wher e applicable): Infant and young child 
food (HS Code: 0401, 0402) (ICS: 67.100.10).  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 and Related Products Act (10 pages, in Thai)  
6. Description of content: This Draft Act controls the marketing of infant and young child 
food and related products according to the rules and agreement written in the 
International Code of Marketing of Breast-milk Substitutes and relevant resolutions 
adopted by Member states of World Health Or ganization during World Health Assembly. It 
is composed of 6 chapters 33 sections.  
1. In this Act, it controls the marketing of Infant and young child food and related 
products that includes: "Infant" means a child from birth under the age of 12 months. "Young child" means a child aged between 12 months to 3 years. "Food for infant and 
young child" means infant formula, follow -up formula for infant and young children, 
and continuous milk for young children
[1], complementary food that are marketed as 
products for infants and young children, and including other kinds of food for infant and young children proclaimed by the Minister with the advice of the Committee.  
"Related products" means milk containers, milk bottles, teats, or other products 
proclaimed by the Ministerial Notice with the advice of the Infant and Young Child 
Food and Related Products Marketing Committee. 
2. The Committee on the Control of Marketing of Infant and Young Child Food and 
Related Products shall be established and composed of the government, academic, and NGOs representatives. G/TBT/N/THA/471 
 
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  3. In regards to infant formula, follow-on formula, and continuous milk for young 
children; manufacturers, importers, and di stributors are not allowed, with some 
exceptions, to engage in following activities; (1) advertising; (2) Sales promotion; (3) 
Offering product samples (4) Donation (5) O ffering of object that carries the name, 
logo, signs, or symbols that may be related to the products to pregnant women, mothers or family members of infant and young children, whether directly or 
indirectly; (6) Sponsoring events or any other communication means that directly 
contact with pregnant women, mothers or family members of infant and young children, whether directly or indirectly; (7) Providing object, equipment or service with 
name, logo, or other symbols that links to the product to the organization and health 
system; (8) Offering gift, money, or other incentives, to medical and nursing professionals, or public health personnel (9) Organizing academic training or seminar about infant and young child food, with exce ption of providing funds to professional 
medical and public health organization to hold academic meeting and (10) Any other 
activities prescribed in the Ministerial Notice. 
4. Manufacturers, importers, and distributors are not allowed to market the 
complementary food to pregnant women, mothers and family members of infants 
aged less than 6 months in the same ways as above mentioned. 
5. Producer, importers, or distributors or its representative must provide factual product 
information to medical, nursing professional, and public health personnel and not 
provide information in following manner; falsely present, distort the details, overstate the benefit or properties, create misunderstanding of key information, claim or certify the benefits without scientific evidence, and make reference to breast-milk. 
6. Object or communication materials with information on infant formula and follow-on 
formula must also indicate the approximate financial cost for feeding infant and young children with infant formula and follow-on formula and warning about health hazards 
caused by inappropriate preparation or use of the product.  
7. Medical and nursing professionals and public  health personnel shall be obliged to 
provide counselling and education about the implementation of this Act and notify the 
Department of Health or the officials when  the violation of this Act is observed. 
8. Any person who contravenes this Act will be liable for a fine. Medical and nursing 
professionals and public health personnel who engaged with the misconduct of this Act will be reported to the professional organization to consider appropriate measure 
according to the professional organization. 
9. This Act shall come into force 180 days following the date of its publication in the 
Government Gazette . 
[1] Continuous milk for young children: We want to refer to growing up milk, but there is 
no Thai word for it. This is the literal translation of the term we used in this act. 
7. Objective and rationale, including the nature of urgent problems where 
applicable: Consumer protection 
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: 180 days following the date of its publication in the 
Government Gazette   
10. Final date for comments: 60 days from notification G/TBT/N/THA/471 
 
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  11. Texts available from: Nati onal enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
National Bureau of Agricultural Commodity and Food Standards (ACFS) 
Division of Agricult ural Commodity and Food Standards Policy 
50 Phaholyothin Road, Ladyao, Chatuchak Bangkok 10900 
Thailand 
Tel: (+662) 561 4204 Fax: (+662) 561 4034 
Email: spsthailand@gmail.com   
Website: http://www.acfs.go.th   
https://member s.wto.org/crnattachments/2 015/TBT/THA/15_4832_00_x.pdf