G/SPS/N/THA/233  
 
9 December 2015  
(15-6497)  Page: 1/3  
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION 
1. Notifying Member: THAILAND 
If applicable, name of local government involved: - 
2. Agency responsible:  
Bureau of Health Promotion 
Department of Health Ministry of Public Health 
Tiwanon Road, Nonthaburi 11000, Thailand 
Tel: +(662) 590 4417 Fax: +(662) 590 4432 
E-mail: mch.doh.center@gmail.com 
 mathernalchild@gmail.com 
3. Products covered (provide tariff item  number(s) as specified in national 
schedules deposited with the WTO; IC S numbers should be provided in 
addition, where applicable): Infant and young child food (HS Codes: 0401, 0402)  
(ICS Code: 67.100.10) 
4. Regions or countries likely to be affected , to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document: Draft Control of Marketing of Infant and Young Child 
Food and Related Products Act  Language(s): Thai  Number of pages: 10 
http://members.wto.org/crnattachments/2015/SPS/THA/15_4870_00_x.pdf  
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 Organization during World Health Assembly. 
It is composed of six 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 three years. "Food for 
infant and young child" means infant formula, follow-up formula for infant and 
young children, and continuous milk for young children , 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 Marketin g of Infant and Young Child Food and 
Related Products shall be established and composed of the government, academic, and NGOs representatives. G/SPS/N/THA/233 
 
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  3. In regards to infant formula, follow-on formula, and continuous milk for young 
children; manufacturers, importers, and distributors are not allowed, with some exceptions, to engage in following activities: (1) advertising; (2) Sales promotion; 
(3) Offering product samples; (4) Donation; (5) Offering 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 exception 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 six months in the same ways as above mentioned. 
5. Producers, 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. 
7. Objective and rationale: [X] food safety, [ ] animal health, [ ] plant protection, 
[ ] protect humans from animal/plant pest or disease, [ ] protect territory from 
other damage from pests.   
8. Is there a relevant international st andard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g. title or serial  n u m b e r  o f  C o d e x  
standard or related text)   
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[X] None 
Does this proposed regulation conform to the relevant international standard?   
[ ] Yes   [ ] No If no, describe, whenever possible, how and why it deviates from the 
international standard:   
9. Other relevant documents and language (s) in which these are available: 
The International Code of Marketing of Breast-milk Substitutes and relevant resolutions 
adopted by World Health Assembly G/SPS/N/THA/233 
 
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  10. Proposed date of adoption (dd/mm/yy) : To be determined. 
Proposed date of publication (dd/mm/yy) : To be determined. 
11. Proposed date of entry into force: [ ] Six months from date of publication , 
and/or  (dd/mm/yy) : 180 days following the date of its publication in the Government 
Gazette. 
[ ] Trade facilitating measure   
12. Final date for comments: [X] Sixty days from the date of circulation of the 
notification and/or (dd/mm/yy) : 7 February 2016 
Agency or authority designated to hand le comments: [X] National Notification 
Authority, [X] National Enquiry Point. Address, fax number and e-mail address 
(if available) of other body:  
National Bureau of Agricultural Co mmodity and Food Standards (ACFS) 
Division of Agricultural Commodity and Food Standards Policy 50 Phaholyothin Road, Ladyao, Chatuchak, Bangkok 10900 
Thailand 
Tel: +(662) 561 4204 Fax: +(662) 561 4034 
E-mail: spsthailand@gmail.com 
Website: http://www.acfs.go.th  
13. Text(s) available from: [X] National Notifi cation Authority, [X] National Enquiry 
Point. Address, fax number and e-mail address (if available) of other body:   
E-mail: spsthailand@gmail.com  
Website: http://www.acfs.go.th