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SPECIAL ISSUE REPUBLIC OF KENY A ,. KENYA GAZETTE SUPPLEMENT ACTS, 2012 NAIROBI, 26th October, 2012 CONTI-NI Act- PM,E The Breast Milk Substitutes (Regulation and Control) Act. 2012 1767 NATIONAL COUNCIL FOR LAW REPCRTINr: I R , ,, E t V F rJ ... '-J . i ? NOV 2012 ,"\j,\ l!\' I L t r: : " •• (" . ,-. r! 1 -- -- ... --- -----.- ... : ,'I,

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Page 1: KENYA GAZETTESUPPLEMENT - FAOfaolex.fao.org/docs/pdf/ken121834.pdf · SPECIAL ISSUE REPUBLIC OF KENYA,. KENYA GAZETTESUPPLEMENT ACTS, 2012 NAIROBI, 26th October, 2012 CONTI-NI Act-PM,E

SPECIAL ISSUE

REPUBLIC OF KENY A

,.

KENYA GAZETTE SUPPLEMENT

ACTS, 2012

NAIROBI, 26th October, 2012

CONTI-NI

Act-PM,E

The Breast Milk Substitutes (Regulation and Control) Act. 2012 1767

NATIONAL COUNCIL FOR LAW REPCRTINr: I

R,,, E ('~:: t V F rJ... • '-J ~,... .

i ? NOV 2012

,"\j,\ l!\'I

L t r: : " •• (". ,-. r! 1 .~.:.

---- ... --- -----.- ...

: ,'I,

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1767·

THE BREAST MILK SUBSTITUTES (REGULATION ANDCONTROL) ACT

No. 34 of 2012

Date ofAssent: 11th October, 20/2

Date ofCommencement: By Notice

ARRANGEMENT OF SECTIONSSection

PART 1- PRELIMINARY

I-Short title and commencement.

2-Interpretation.

3-Act to bind the Government.

PART ll- ESTABLISHMENT OF THE NATIONAL COMMI'ITEEON INFANT AND YOUNG CHILD FEEDING

4-Establishment ofCommittee.

5-Functions ofthe Committee.

PART ill- RESTRICTION ON ADVERTISEMENT,PROMOTION, LABELLING OF PACKAGING, EDUCATIONAL

AND INFORMATION MATERIALS

6-Prohibitton on advertisement and promotion.

7-Power ofthe Cabinet Secretary to permit donations.

8-Health worker or proprietor not to accept gifts.

9 -Labelling ofpackages.

10- Educational and informational materials to be approved by CabinetSecretary.

PART IV- ENFORCEMENT

ll-Appointment ofauthorised officers.

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1768

No. 34 Breast Milk Substitutes (Regulation and Control) 2012

12 - Places authorised officers may enter.

13 - Powers ofauthorised officers.

14-Entry of dwelling place.

15-Authority to issue warrant.

16-Use of force.

17-Certificate of inspection.

18-Assistance ofauthorised officers.

19-Obstruction ofauthorised officers.

2o--Seizure of product, etc.

21 -Storage and removal seized product.

22 - Interference with seized product or thing.

23-Restoration ofseized product or thing.

24 -Order for restoration.

2S-order of later restoration.

26-Forfeiture ofproduct.

PART V- MISCELLANEOUS

27-offences and penalties.

28-Regulations and orders.

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.2012

1769

Breast Milk Substitutes (Regulation and Control) No. 34

THE BREAST MILK StrBSTITUTES(REGULATION AND CONTROL) ACT, 2012

I

AN Act of Parliament to provide for appropriatemarketing and distribution of breast milksubstitutes; to provide [for safe and adequatenutrition for infants t~rough the promotionof breastfeeding and proper use of breastmilk substitutes, where necessary, and forconnected purposes

.. I

ENACTED by Parliament ofKenya, as follows-

PART 1- PRELIMINARY

1. This Act may be cited as the Breast milkSubstitutes (Regulation and Control) Act, 2012 and shallcome into operation on such date as the Cabinet Secretarymay, by notice in the Gazette, appoint,

2. (l) In this Act, unless the context otherwiserequires-

"advertising" means to make a representation by anymeans for the purposes ofdirectly or indirectly promotingthe sale or use of a designated or complementary foodproduct, inclliding-

(a) written publication, a television or radiobroadcast, film or electronic transmission,including the internet, video or telephone;

(b) displays, signs, symbols, colours, billboardsor notices; or

(c) exhibition ofpictures or models;

"authorised officer" means a person appointed undersection 11;

Shorttitle andcommencement.

Interpretation.

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Breast Milk Substitutes (Regulation and Control) 2012

"breast milk substitute" means any food that ismarketed, or otherwise represented, as a partial or totalreplacement of breast milk" whether suitable for thatpurpose or not;

"Cabinet Secretary" means the Cabinet Secretary forthe time being responsible for matters relating to publichealth;

"Codex Alimentarius Commission" means the JointFood Standards Programme of the Food and AgricultureOrganisation of the United Nations and the World HealthOrganisation; .

"Codex Alimentarius Standard" means the latestversion of the relevant Codex Standard as issued by theCodex Alimentarius Commission;

"Committee" means the National Committee onInfant and Young Child Feeding established undersection 4 (1);

"complementary food product" means any foodsuitable or presented as a suitable complement to breastmilk, for infants from the age of six months up to the ageoftwenty-four months;

"designated product" means-

(a) any food or drink designed for infantsmarketed or otherwise represented to bea partial or total replacement of breastmilk, whether or not it is suitable for thatpurpose;

(b) feeding bottles;

(c) teats;

(d) infant formula;

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1771

Breast Milk Substitutes, (Regulation and Control)I

(e) follow-up formula for I infants or childrenbetween the age of si~ months'to twenty­four months;

(f) products marketed or otherwise representedas being suitable for feeding infants of upto the age ofsix months;

(g) breast milk fortifiers;

(h) pacifiers;

(i) cups with spout; or

G) any other product th, Cabinet Secretarymay, by a notice in the Gazette, declare tobe a.designated product, .

No. 34

"distributor" means a person engaged in the businessof supplying a designated product, whether by wholesale

°1 Ior retai means; •I

"follow-up formula" means milk or a milk-likeproduct industrially formulated and marketed or otherwiserepresented as suitable for an infant from the age of sixmonths or a young child and includes follow-up formulasfor special medical or nutritional purposes;

"gift" includes a free sample of a designated product,meals and refreshments, diaries, stationery; air ticket,holiday trip, calendars, stickers, growth charts,prescription pads, cot tags or tongue depressors;

"health worker" means a person providing, orundergoing training to provide health services, whetherprofessional or non-professional, and includes avolunteer; I

"health-care facility" means a public or private

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Breast Milk Substitutes (Regulation and Control) 2012

institution or organization engaged directly or indirectlyin the provision of health care or health promotion;

"infant" means a child from birth upto the age oftwelve months; .

"infant formula" means milk or a milk-like productof animal or plant origin, formulated industrially inaccordance with the Codex Alimentarius Standard forInfant Formula, to satisfy the nutritional requirements ofup to six months ofage and includes all infant formula forspecial medical or nutritional purposes;

"indirect contact" includes contact through televisionand radio, telephone or internet help lines, mother and.baby clubs or baby competitions;

"marketing" means any method of introducing orselling of a designated or complimentary product, andincludes promotion, distribution, advertising, publicrelations, information services and distribution ofsamples;

"manufacture" means the processing of a designatedproduct and includes the packaging, distribution orimportation ofa designated or complementary product forsale in Kenya;

"manufacturer" means a person or corporation orother entity, in public or private sector, engaged in thebusiness of manufacturing a designated or complementaryproduct, whether directly or through an agent, or a personcontrolled .by or under an agreement with themanufacturer;

"package" means a box, carton or tin, or a wrapping ofany kind, in which a designated or complementary foodproduct is customarily sold by a wholesale or retail unit;

"publish" means to show, broadcast, televise, display,

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Breast Milk Substitutes (Regulation and Control) No.34

exhibit or distribute a designated or complementary foodproduct;

"social welfare institution" means a public or privateorganization engaged, directly lor indirectly, in providirigsocial welfare for infants or young children, but does notinclude a health care facility; !

"sample" means a single or any quantity of adesignated product provided at no cost; and

"young child" means a child between the age of sixmonths to th'trty six months.

(2) Despite subsection (l), until after the firstelections under the Constitution, references in this Act tothe expression "Cabinet Secretary" shall be construed tomean "Minister". '

3. This Act shall be binding to the Government.

PART 11-ESTABLISHMENjf ANF FUNCTIONS OFTHE NATIONAL COMMI'tTEE ON INFANT AND

YOUNG CHILD FEEDING

4. (1) The Cabinet Secretary shall establish acommittee to be known as the National Committee onInfant and Young Child Feeding.

(2) The Committee shall consist of.-

(a) the Director of Public Health, who shall be theChairperson;

(b) .the Director ofNutrition and Dietetic Services;

(c) the Director of the Kenya Bureau of Standards,or his representative;

(d) the, Director of the Kenya Medical Research

Act to bindtheGovernment.

Establishment ofCommittee.

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Breast Milk Substitutes (Regulation and Control) 2012

Institute or his representative;

(e) the Director of a national hospital or hisrepresentative;

(f) the Registrar of the Nursing Council of Kenyaor his representative;

(g) the Chairperson of the Kenya PaediatricAssociation or his representative;

(h) the Chairperson of an institution representingnutritionists or his representative;

(i) a representative nominated by each of thefollowing bodies and appointed by the CabinetSecretary -

(i) private health institutions;

(ii) non-governmental organizations withnational mandate on infant and youngchild feeding;

CD a representative of the Principal Secretary inthe Ministry for the time being responsible formatters relating to trade; and

(k) two members with relevant expertise in infantand young child feeding appointed. by theCabinet Secretary.

(3) The Director of Nutrition and Dietetic Servicesshall be the Secretary to the Committee.

(4) A member of the Committee appointed undersubsection (2) (i) shall hold office for a term of threeyears but shall be eligible for re-appointment for onefurther term of three years.

(5) The Cabinet Secretary shall provide such publicofficers as may be necessary for the proper and efficientdischarge of the functions of the Committee under thisAct.

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Breast Milk Substitutes (Regulation and Control) No. 34

(6) In the appointment of a member of theCommittee, the Cabinet Secre~ shall not appoint aperson who has a direct or :indirect interest in themanufacturing, distribution, marketing, advertisement orpromotion of a designated or complementary foodproduct

I

(7) Section 12 of the Public Officer Ethics Act,2003, shall apply to a member of the Committee whosepersonal interest conflicts with ihis or her functions as amember of tile Committee.

(8) The Committee may establish sub-committeesconsisting of its members to deajl with such matters as theCommittee may specify.

(9) The expenses of the Committee shall be met outoffunds provided by Parliamentfor that purpose.

(10) The conduct of the meetings of the Committeeshall be in accordance with the Schedule.

5. (1) The functions ofthe ICommittee shall be to-

(a) advise the Cabinet Secretary on the policy tobe adopted in relation to infant and youngchild nutrition;

(b) participate in the formulation of, andrecommend the regulerions to be made underthis Act; and

(c) perform any other functions as may, fromtime to time, be assigned by the CabinetSecretary.

No. 12of 2003.

Functions ofthcCommittee.

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Breast Milk Substitutes (Regulation and Control) 2012

Prohibition onadvenisement andpromotion.

(2) The Committee may, by resolution eithergenerally or in any particular case, delegate to any of thesub-committees established under section 4(8), theexercise ofany of its powers or the performance of any ofits functions or duties under this Act.

PART 111- ADVERTISEMENT, PROMOTION,LABELLING OF PACKAGES AND

EDUCATIONAL AND INFORMATIONALMATERIALS

6.(1) A person shalI not advertise or promote to thegeneral public or cause to be advertised or promoted adesignated or complementary food product.

(2) For the purposes of this section, a personpromotes a designated or complementary food product,where that person-

(a) a directly or indirectly introduces a designatedor complementary food product or encouragesthe buying or use of the product;

(b) uses sale devices such as special discounts,special displays to promote sales,competitions with prizes, tie-in sales,provision of premiums and rebates, discountcoupons, loss leaders, giving of gifts and freesamples of a designated or complementaryfood product to mothers;

(c) as a marketer, makes a direct or indirectcontact with members of the public infurtherance of, or for the purpose ofpromoting business of a designated orcomplementary food product;

(d) makes electronic communications of adesignated or complementary food productincluding internet, 'website and electronic

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Breast Milk Substitutes (Regulation and Control)

mail;

(e) distributes promotional items includingclothing, stationery, ·household utensils oritems that Irefer to a designated orcomplementary food product or the brandname ofthe product;

(t) engages in any practices or communication inany form which create, or may create, anyassociation I with a designated orcomplementary food product;

(g) publishes or causes to be published anadvertisement of a designated orcomplementary food product;

(h) distributes a~y information or educationalmaterial relating to infant and child feeding;

(i) distributes or causes to be distributed, ordonates or causes to be donated, or sells orcauses to pe sold a designated orcomplementary food product to charitablechildren's' institutions or a health facility;

(j) engages persons whose duties involvemarketing of a designated or complementaryfood product-

(i) on. remuneration which variesaccording to the volume of sale ofdesignated or complementary foodproduct; or

I

(ii) for 'bonuses or similar incentivescalculated directly according to thevolume of sales of the designateetor complementary food product.

No.34

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Breast Milk Substitutes (Regulation and Control) 2012

(k) displays to the public, material which refersdirectly or indirectly to a designated orcomplementary food product;

(I) distributes materials to health workers whichdirectly or indirectly refer to a designated orcomplementary food product;

(m)offers a gift or a benefit or inducementincluding a fellowship, study grant, fundingfor attendance of meetings, seminars,continuing education or conferences to ahealth worker or a member of his family;

(n) directly or indirectly provides any support,financial or otherwise to the general public ora health worker for the purposes of promotinga designated or complementary food product;

(0) funds any research carried out by a healthworker in infant and young child health;

(p) employs a person to provide to health workersin health care facilities, pregnant women ormothers of infants and young'children or anyother person, with education or instructionsregarding infant and young child health; or

(q) sponsors, an event, contest, telephonecounselling line or campaign aimed atpregnant women, mothers of infants or theirfamilies.

(3) For the purposes of this section, advertisementor promotion shall not include -

(a) the ethical interaction between the manufactureror distributor and health workers for purposes of

.creating awareness about the scientific andfactual matters of the breast milk substitute or

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2012 Breast Milk Substitutes (Regulation and Control)

complimentary food product;

(b) the provision by the manufacturer or distributorto health workers of samples of the breast milksubstitute or complementary product forpurposes of professional evaluation or researchofthe product;

(c) the distribution in the package of information oreducational material relating to the breast milksubstitute or complementary food productpursuant to Article 46(!1)M ofthe Constitution.

(4) The Cabinet Secretary shall, by regulations,prescribe the manner in which the activities specified inclause (3) shall be conducted.

7.(1) Donations or distributions of breast milksubstitutes or complementary food products to charitablechildren institutions shall be in such manner as may beprescribed by the Cabinet Secretary.

(2) The Cabinet Secretary, or hjs representative shallnot grant permission for the supply of any donation ofanydesignated or complementary food product to anorphanage or social welfare institution unless the Cabinet'Secretary or his representative is satisfied that-

(a) the'label on the package carrying a designatedor complementary· food product shall be inaccordance with the provisions of theStandards Act; and

(b) the infant care providers have or shall receiveappropriate- trainidg to prevent any healthhazards occurring tom improper use.

8. A health worker or a proprietor shall not-...

No. 34

Powerof theCabinet Secretaryto permitdonations.

Cap.496.

Health,workerorproprietornot toacceptgifts.

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No. 34

1780

Breast Milk Substitutes (Regulation and Control) 2012

Labelling ofpackages.

Educational andinformalionalmaterials to beapproved byCabinetSecretary.

(a) accept from a manufacturer or a distributorof a designated or complementary foodproduct-

(i) a gift;

(ii) financial assistance;

(iii) fellowship, scholarship, researchgrant, study tour, funding formeetings and conferences. seminarsor continuing education courses; or

(iv) sample ofa designated orcomplementary food product;

(b) distribute or display a designated orcomplementary food product; or

(c) demonstrate the use of a designated orcomplementary food product to mothers ormembers of their families unless in suchspecial cases of need as may prescribed bythe Cabinet Secretary.

9. The package of a designated or' complementaryfood product shall contain notices, warnings andnecessary information with respect to promotion ofbreastfeeding and proper use of breast milk substitutes inthe wording, size and manner prescribed by the CabinetSecretary.

10. (1) Subject to subsection (2), a person shall notpublish or cause or permit to be published anyinformational or educational material on infant and youngchild feeding unless the material has been prescribed bythe Cabinet Secretary.

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:\0. 342012

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Breast Milk Suhstitutes (Regulation and Control)

(2) Subsection (I) shall not apply to researcharticles and public presentations I which disclose thefinancier, sponsor or facilitator thereof and which do notcontain any advertisement or promotion of a designatedor complementary food product in any manner.

(3) The Cabinet Secretary shall make Regulationsprescribing the procedures and requirements for theapproval of informational and educational material undersubsection (1).

PART IV-ENFORCEMENT

11. (I) Hie Cabinet Secretary may, from time to

time, by notice in the Gazette, appoint any person or aclass of persons to be authorized officers for the purposesof this Act.

(2) The Cabinet Secretary shall issue a certificate ofappointment to every person appointed as an authourisedofficer under this section.

(3) In addition to authorised officers appointedunder subsection (I) -

(a) public health officers appointed under thePublic Health Act; and

(b) any other person upon whom written lawvests functions of maintenance of law andorder,

shall be deemed to be authorized officers for the purposesof this Act.

12. (1) For the purposes of enforcing this Act, anauthorised officer may, at any reasonable time, enter anyplace in which the officer believes on reasonable groundsthat- .

Appomtmcnt ofauthorisedpersons

Cap. 242.

Places authorisedofficers mayenter.

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Breast Milk Substitutes (Regulation and Control) 2012

Powers ofauthorisedofficers.

(a) a designated or complementary food productis or has been produced, manufactured,stored, packaged, sold or used;

(b) there is anything used in the production,manufacture, testing, packaging,promotion or sale ofa designated orcomplementary food product in the place;

(c) there is information relating to theproduction, manufacture, testing,packaging, promotion or sale ofadesignated or complementary foodproduct;

(d) any person is in any way contravening theprovisions ofthis Act.

(2) An authorised officer who wishes to enterany premises under this section shall, if required, producefor inspection, by the person who is or appears to be incharge of the premises, the certificate issued under section11(2).

13. In carrying out an inspection in any placeunder section 12, an authorised officer may-

(a) examine a designated or complementary foodproduct or anything referred to in section 12;

(b) require any person in charge of such a place toproduce for inspection, in the manner andform requested by the officer, a designatedor complementary food product;

(c) open or require any person in charge of sucha place to open any container or packagefound in a place where the officer believeson reasonable grounds contains a designated

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Breast Milk Substitutes (Regulation and Control)

or complementary food product;

(d) take or require any person in charge of such aplace to produce samples of a designated orcomplementary food product;

(e) conduct any test, ana~se or examine adesignated or complementary food productor document relating thereto; or

(t) require any person found in the place toproduce for inspection. or copying anywritten or electronic information that isrelevant to the administration or enforcementofthis Act.

No. 34

14. An authorised officer shall' not enter a dwellingplace except with the consent of the occupant or underauthority ofa warrant issued under section 15.

15. (1) Upon an ex-parte application, a judge oftheHigh Court, may issue a warrant authorizing anauthorised officer named in the warrant to enter andinspect a dwelling place, subject to any conditionsspecified in the warrant, if the judge is satisfied by astatement on oath that-

(a) the dwelling place is a place referred to insection 14; I

(b) entry into the dwelling place is necessary forthe administration or enfcrcement of thisAct;

(c) the occupant does not consent to the entry orthat the entry has been Irefused or there arereasonable grounds for believing that it willbe refused.

Entry of dwellingplace.

Authority to issuewarrant.

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Breast Milk Substitutes (Regulation and Control) 2012

Use of force.

Certificate ofanalysis.

Assistance ofauthorisedofficers.

Obstruction ofauthorisedofficer.

Seizure ofproduct, etc.

(2) An authorised officer named in the warrantissued under subsection (1) shall enter a dwelling placebetween six o'clock in the forenoon and six o'clock in theafternoon of any day of the week.

16. An authorised officer executing a warrant issuedunder section 15 shall not use force unless such officer isaccompanied by a police officer and the use of reasonableforce is specifically authorised in the warrant.

17. An authorised officer shall, after analysing orexamining a designated or complementary food product,prepare a certificate or report setting out the results ofanalysis or examination.

18. The owner, person in charge or any personfound in a place that is being inspected shall-

(a) provide all reasonable assistance to enablethe authorised officer to carry out hisduties under this Act;

(b) furnish the authorized officer with suchinformation as the officer may reasonablyrequire for the purpose for which entry intothe place has been made.

19. A person shall not obstruct or hinder, orknowingly make a false or misleading statement to anauthorised officer who is carrying out duties under thisAct.

20. During an inspection under this Act, anauthorised officer may seize any designated orcomplementary food product or thing by means of whichor in relation to which the officer believes, on reasonablegrounds, that this Act has been contravened and take fullinventory ofall the items seized.

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Storage andremoval of seizedproduct.

1785

2012 Breast Milk Substitutes (Regulation and Control)

21. An authorised officer may direct that anydesignated or complementary food product or thing seizedbe kept or stored in the place where it was seized or that itbe removed to another place.

22. Unless authorised by an authorised officer, aperson shall not remove, alter c!>r interfere in any mannerwith any designated or complementary food product orother thing seized.

23. Any person from whom a designated orcomplementary food product or a thing has been seizedmay, within sixty days after th~ date of seizure, apply tothe High Court for an order of restoration.

24. The High Court may order that a designated orcomplementary food product or a thing be restoredimmediately to the applicant if, on hearing both theparties to the application, the court is satisfied that-

(a) the applicant is entitled to possession of thedesignated or complementary food productor the thing seized; and

(b) the designated or complementary foodproduct or thing seized is not and will notbe required as evidence in any proceedingsin respect of an offence under this Act.

25. (1) Where upon hearing an application madeunder section 23 the court is satisfied that the applicant isentitled to possession of the designated or complementaryfood product or the thing seized but is not satisfied withrespect to the matters mentioned in section 24(b), thecourt may order that the designated or complementaryfood product or a thing seized be restored to the applicanton the-

(a) expiration of one hundred and eighty daysfrom the date of seizure if no proceedings in

Interference withseized product orthing.

Restoration ofseized product orthing.

Order forrestoration.

Orderof laterrestoration.

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respect of an offence under this Act havebeen commenced before that time; or

(b) final conclusion of any such proceedingsunder this Act.

(2) An order for restoration shall not be made underthis section where' a designated or complementary foodproduct or a thing has been forfeited by consent undersection 26.

Forfeiture ofproduct.

Offences andpenalties.

26. Where-

(a) no application has been made undersection 23, or an application has beenmade but on the hearing of suchapplication no order for restoration ismade;

(b) a person has been convicted of an offenceunder this Act in respect of which adesignated product or a thing has beenseized under this Act;

(c) an officer has seized a designated productor a thing and the owner or the"Person inwhose possession it was, at the time ofseizure, consents in writing to itsforfeiture,

a designate or complementary food product or a thingshall be forfeited to the State and may be destroyed ordisposed in such manner as the Cabinet Secretary maydirect.

PART V-MISCELLANEOUS

27. (1) A person who commits an offence for whichno penalty has been specifically provided for, shall onconviction be liable to a fine not exceeding one millionshillings or a term of imprisonment not exceeding threeyears, or to both.

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(2) Where an offence is i committed by a bodycorporate or other association qf individuals, a director,partner or any other person concerned in, or acting orpurporting to act in the management of its affairs commitsan offence unless that person proves that-.

(a) the act or omission .constituting the offencetook place without his knowledge; or

(b) he took reasonable steps to prevent thecommission ofthe offence.

28.(1) The Cabinet Secretary may, in consultationwith the Committee, make Regflations generally for thebetter carrying out of the objects of the Act, and inparticular, for prescribing-

(a) the wording, size and manner of notices,warnings and information required undersection 9; and .

(b) the procedures and requirements underwhich informational or educationalmaterial may be approved under section10(3); and

(c) any other thing that is required by this Actto be prescribed.

(2) The Cabinet Secretary may, by order, permit aperson or class of persons to use specified signs, symbols,colours, billboards or notices associated with a designatedor complementary food product in the promotion oradvertisement of other goods not connected with adesignated or complementary food product but health carefacilities or health workers shall not be used in thepromotion.

(3) In making regulations under subsection (1), the

No. 34

Regulations andOrders.

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Cabinet Secretary shall make reference to theInternational Code of Breastmilk Substitutes, 1981 andsubsequent World Health Assembly resolutions or anyother stated public policy.

(4\ Regulations made under this section shall notcome into operation upon publication but shall be laidbefore the National Assembly and the provisions ofsubsections (5) and (6) shall apply to those regulations,

(5) .If a resolution is passed by the NationalAssembly within twenty one days on which it next sitsafter the regulation is laid before it that the regulation beannulled or amended in a specific manner, the regulationshall thenceforth be void or amended as resolved by theAssembly.

(6) If no resolution is made by the NationalAssembly within the expiry of twenty one days from thedate on which the Assembly next sits from the date onwhich the regulation is laid under subsection (4), theregulation shall come into operation in the form laidbefore the Assembly under that subsection.

SCHEDULE (s.4(6))

(1) The Committee shall meet for the discharge of itsfunctions at least four times in a year at such time andplace as the Chairperson shall, from time to time,determine.

(2) The Chairperson or in his absence, the Vice­Chairperson or in absence of both, a person elected fromamongst the members of the Committee, shall preside atthe meetings of the Committee.

(3) The quorum at any meeting of the Committeeshall be one- third of the members.

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(4) A decision of the Corumittee on any matter shallbe by consensus and where there is no consensus, by asimple majority of the members present and voting.

(5) At any meeting of the Committee, each membershall have one vote and in the event of a tie of votes, theChairperson shall have a casting vote.

(6) The Committee may request any person to attendits meetings for the purposes of its deliberations, but thatperson shall have no right to vote.

(7) Subject to this Act, the Committee shall regulateits meetings and proceedings in such manner as it deemsfit.