Nataliia Yakusheva, Associate with Legal Alliance Company
Ministry of Health of Ukraine (hereinafter - the Ministry of Health of Ukraine) issued the Order № 696 from 06.08.2013 that approves hygiene requirements for infant formula products (hereinafter - the hygiene requirements).
Hygienic requirements establish requirements for :
Hygienic requirements include requirements for labeling and advertising of baby food. Among the established prohibitions the following deserve particular attention:
1. On the labels of infant formula for primary and further feeding :
1.1. It is forbidden to use labels such as "humanized", "adapted to the mother's milk" or other similar concepts ;
1.2. It is forbidden to post images of infants or other images and texts that may idealize the use of the product, other than drawings , which will identify the product , as well as illustrations of methods of manufacture.
2 . Regarding the advertising of infant formula, the following constraints were established:
2.1. Advertising is allowed only in publications devoted to the infants care, as well as in scientific magazines(publications), which may contain only a special scientific confirmation of the information and does not provide and will not create a belief that bottle-feeding is equivalent or has the advantages in relation to of breast-feeding;
2.2. Advertising by distributing product samples is prohibited;
2.3 . Manufacturers and suppliers may not be distribute for free or at the reduced prices infant formula , their samples or other gifts for the purpose of advertising, except for direct or indirect distribution through professionals and experts in the healthcare field.
It should be noted that the hygienic requirements is a novelty , adopted by the Ministry of Health of Ukraine in order to adapt Ukrainian legislation directives of the European Commission 2006/141/ES of 22.12.2006 "On the primary food for infants and a further supply ," 2006/125/ES from 05.12 . 2006 on “Processed cereal products and food products for infants and young children" and the Directive of the European Parliament 2009/39/ES of 06.05.2009 "On the foods intended for special consumption".
Order of the Ministry of Health of Ukraine № 696 from 06.08.2013 "On approval of Hygiene requirements for infant formula products , security settings and selected indicators of quality” that was registered by the Ministry of Justice of Ukraine on 13.08.2013 under № 1380/23912 shall come into effect in two years after the date of its official publication. Thus, the legislator, represented by the Ministry of Health of Ukraine, enables business entities to bring their operations into compliance with the applicable law and creates the prerequisites of competitiveness and equality among the producers of the international market.
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