G/TBT/N/THA/471/Rev.1  
 
24 November 2016  
(16-6457) 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 Promotion  
Department of Health  
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 above : 
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  
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 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) . 
Milk and cream, not conc entrated nor containing added s ugar or other sweetening matter  
(HS: 0401), Milk and cream, concentrated or containing added s ugar or other sweetening 
matter  (HS: 0402) . Milk and processed milk products (ICS : 67.100.10)  
5. Title, number of pages and langua ge(s) of the notified document : Draft Control of 
Marketing of Infant and Young Child Food B.E. ... (12 pages, in Thai)  
6. Description of content : This Draft Act controls the marketing of infant and young child 
food according to the rules and agreement wri tten 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 4 chapters 
47 sections.  
1. In this Act:  
 "Infant" means a chil d 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 and young child" means (1) milk or other food containing 
appropriate and adequate nutrients for feeding infants and young childre n and 
which is registered under the Food Act; and (2) other food intended for feeding 
infants and young children as prescribed by the Minister on the advice of the G/TBT/N/THA/471/Rev.1  
 
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  Committee . 
 "Supplementary food for Infants and Young Children" means food used as 
nutrient s upplementary or to build up familia rity to food for infants over 
6 months of age or young children and which is registered 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. In regards to Food for infant and young child; manufacturers, importers, and 
distributors are not allowed, to (1) advertise; (2) give out discount coupons or tied 
products or offering exchanges, discounts, p rizes, gifts or other incentives to induce 
sale; (3) give out samples; (4) 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; (5) approach pregnant women or mothe rs of infants or young children, to 
promote, encourage, or recommend to use the Food for Infants and Young Children.  
4. In providing information about the Food for Infants and Young Children, 
Manufacturers, importers or distributors must use the same wording as appears on 
the labels of the Food for Infants and Young Children as registered under the law on 
food without any claims about nutrition and health, and must include  (1) information 
regarding the  approximate financial cost and the quantities,  for using t he Food for 
Infants and Young Children; and (2) warning against inappropriate preparation or 
use of the Food for Infants and Young Children. The rules, procedures and conditions 
for the provision of the information, as well as the channels for providing in formation 
shall be as prescribed by the Minister on the a dvice of the Committee.  
5. In regards to the Supplementary food for Infant and Young Children, manufacturers, 
importers or distributors must not engage in the following marketing practices inside 
the he alth facilities : (1) Giving out discount coupons or tied products or offering 
exchanges, discounts, prizes, gifts or other incentives; (2) Giving out samples of the 
supplementary food. Manufacturers, importers or distributors are also prohibited 
from doing  the marketing of the Supplementary food to pregnant women or mothers 
of infants under 6 months of age.  
6. In regards to both Food for Infants and Young Children and the Supplementary food 
for Infant and Young Children, Manufacturers, importers or distributor s 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 exception 
according  to the "customary giving" rules; (3) sponsoring the event or  conference or 
academic seminars on food for infants and young children for health personnel, the 
public health personnel, pregnant women or mothers of infants or young children, 
with exception o f the funding for the Public Health Profession Organizations, (4) 
demonstrating or supporting the demonstration of the use of the Food and 
Supplementary food for Infants and Young Children in health facilities.  
7. Violation of Section 14 regarding the adverti sement of Food for Infant and Young 
Children shall be liable to imprisonment, or fines, or both. Any person who fails to 
comply with other sect ions shall be liable to a fine.  
8. This Act shall come into force 180 days following the date of its publication in the 
Government Gazette.  
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 Wo rld 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  G/TBT/N/THA/471/Rev.1  
 
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  10. Final date for comments : 60 days from notification  
11. Texts available fr om: National enquiry point  [X] or address, telephone or fax 
number s and  email and website address es, if available , of other body : 
https://members.wto.org/crnattachments/201 6/TBT/THA/16_4772_00_x.pdf