Feeding Products for Babies and Children (Advertising and Promotion) Bill (HC Bill 95)

A

BILL

TO

Control the advertising and promotion of feeding products for babies and
children; to establish arrangements to set standards for the efficacy of
products and to measure claims against those standards; to make provision
about penalties for advertisers and promoters who do not meet the standards;
and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Infant and Young Child Nutrition Agency

(1) There shall be a body to be called the Infant and Young Child Nutrition Agency
(referred to in this Act as “the Agency”) established for the purpose of carrying out the
functions conferred on it by or under this Act.

(2) 5The main objectives of the Agency in carrying out its functions are to set standards
appropriate for compositional and safety for feeding products for infants and young
children and to control the advertising and promotion of feeding products for infants
and young children with the aim of ensuring―

(a) that foods and drinks sold for infants and young children meet nutritional
10standards and contribute to the attainment and maintenance of optimum
health,

(b) that the importance of protecting and promoting breastfeeding is fully
integrated into health and nutrition policy,

(c) that when mothers do not breastfeed, or only do so partially, that breastmilk
15substitutes (that act as alternative feeding products) are compositionally and
microbiologically safe, and are suitable for a diverse population, and

(d) that the advertising and promotion of breastmilk substitutes does not mislead
families or health professionals, that marketing is controlled to ensure that
accurate information about products is provided and that families are offered
20cost effective products that clearly meet set compositional and safety standards.

(3) Before setting standards under subsection (2) the Agency must consult such
persons as it considers appropriate.

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 2

2 Appointment of chief executive and directors and the operation of the Agency

(1) The chief executive shall be responsible for (among other things) securing that
the activities of the Agency are carried out―

(a) efficiently and effectively, and

(b) 5in accordance with the requirements of this Act.

(2) A Director of Standards shall be appointed by the Agency with responsibility
for determining and applying compositional and safety standards at section 5.

(3) A Director of Enforcement shall be appointed by the Agency with
responsibility for enforcing the standards set by the Agency.

(4) 10The Schedule (Infant and Young Child Nutrition Agency: further provisions) makes
further provision about the Agency.

3 Annual and other reports

(1) The Agency shall prepare a report on its activities and performance during
each financial year.

(2) 15The Agency shall, as soon as possible after the end of each financial year, lay
its report for that year before Parliament, the Scottish Parliament, the National
Assembly for Wales and the Northern Ireland Assembly.

(3) The Agency may from time to time lay other reports before any of those bodies.

4 The Agency’s principal functions

(1) 20The principal functions of the Agency shall be to—

(a) set standards for the composition, safety and labelling of feeding products for
infants and young children and any claims that can be made about efficacy of
these products;

(b) license feeding products suitable for feeding to infants and young children
25when sufficient information is provided about the composition and safety of
products from manufacturers;

(c) ensure all licensed products meet these standards and do not make claims that
have not been set by the Agency;

(d) control the advertising and promotion of feeding products for infants and
30young children; and

(e) provide advice, information or assistance in respect of such matters to―

(i) Ministers of the Crown, Scottish Ministers, Welsh Ministers and the
Northern Ireland Executive,

(ii) any public authority, and

(iii) 35health workers, families of infants and young children and other
members of the public.

(2) Before setting standards under subsection (1) the Agency must consult such
persons as it considers appropriate.

(3) The Secretary of State, after consulting Scottish Ministers, Welsh Ministers and
40the Department of Health for Northern Ireland, may make regulations adding
to or changing the principal functions of the Agency set out in subsection (1).

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 3

5 The Agency’s powers: standards, definitions and guidelines

(1) The Agency may―

(a) license breastmilk substitutes for sale in terms of, but not restricted to, nutrient
content, quality and safety;

(b) 5license food and drink for sale suitable for feeding to infants over 6 months of
age and young children up to 36 months of age in terms of, but not restricted
to, nutrient content, quality and safety;

(c) set and publish guidelines for such feeding products suitable for infants and
young children up to the age of 36 months in terms of, but not restricted to—

(i) 10ingredients, nutrient and non-nutritional component content,

(ii) labelling requirements,

(iii) quality,

(iv) storage,

(v) preparation, and

(vi) 15safety; and

(d) set guidelines for the promotion of feeding products suitable for infants and
young children up to the age of 36 months.

(2) In licensing feeding products under subsection (1) the Agency may impose
restrictions as provided at or under section 6.

(3) 20The Agency may review its licensing arrangements, determinations and
guidelines from time to time and revise them.

(4) The Secretary of State, after consulting Scottish Ministers, Welsh Ministers and
the Department of Health for Northern Ireland, may make regulations adding
to or changing the Agency‘s powers set out at subsection (1).

6 25Restrictions on the promotion and marketing of feeding products suitable for
infants and young children

(1) The Agency may restrict persons from using certain methods to promote
licensed feeding products as suitable for babies and children up to the age of
36 months which include, but are not restricted to, the following methods―

(a) 30advertising,

(b) advertising through specified media (such as, for example, television or
professional journals),

(c) social media,

(d) internet websites,

(e) 35parenting clubs, classes, helplines, competitions and magazines,

(f) the provision of samples of feeding products, and

(g) approaches to, and contacts made with, health, social care or education
professionals.

(2) The Agency may impose different restrictions for different licensed products
40and different categories of persons.

(3) The Agency may also specify different restrictions in respect of different ages
of children, including a total ban of all advertising and promotion in respect of
children under one year of age.

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 4

7 Monitoring and evaluation of claims made in promoting feeding products for
babies and children

(1) The Agency must―

(a) put in place arrangements to monitor health, compositional and promotional
5claims made on foods and drinks promoted to children under the age of 36
months;

(b) evaluate health, compositional and promotional claims made on foods and
drinks promoted to children under the age of 36 months against the guidelines
at section 5(1)(c);

(c) 10offer manufacturers the facility to have products, and prospective products and
their labelling independently evaluated and verified against the requirements
in section 5; and

(d) ensure compliance with the guidelines outlined at 5(1)(c).

(2) The Agency must provide and publicise guidance on the requirements and application
15of the requirements set out at section 5.

8 Packaging standards

(1) The Agency must specify packaging and labelling standards for licensed
feeding products suitable for infants and young children up to the age of 36
months.

(2) 20The standards may include, but are not restricted to, requirements to―

(a) use plain packaging or packaging of a specified colour,

(b) use a specified font, including its size and colour, for text on the
packaging,

(c) use, or not use, specified graphics and photographs,

(d) 25include health and nutritional information (such as, for example, a
“traffic light” evaluation of the product),

(e) include information about the advantages of breastfeeding,

(f) include clear and visible warnings (such as, for example, that a product
is not suitable for a child under a certain age),

(g) 30include information about the storage and preparation of the product
using graphical information, available on the packaging in an
appropriate language to the country where it is sold and with visual
representations suitable for those who cannot read, or are blind, or
cannot understand the local written language,

(h) 35include the country of origin of the product and all other required
information for food labels in the UK, and

(i) state that exclusive breastfeeding is recommended for the first six
months of life and thereafter alongside other foods.

(3) The Agency may specify that certain terms must not be used (for example,
40“follow-on”, “growing-up”).

(4) The Agency may specify different packages, or no standards, for different
types of product.

(5) The Agency may review and revise its standards from time to time.

(6) Packaging standards include the labelling of products.

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 5

(7) Labelling must only include necessary information about the appropriate use
of the feeding product, and, where appropriate, the advantages of
breastfeeding.

(8) All licensed feeding products promoted or advertised as suitable for infants
5and young children up to the age of 36 months must―

(a) have on the packaging, and include in any promotion and advertising,
the following statement: “This product is licensed by the Infant and
Young Child Nutrition Agency. It meets the standards and guidelines
set by them as a feeding product suitable for an infant or young child
10under 36 months of age [or age range specified by the Agency].”,

(b) where a claim has been verified by the Agency such wording as the
Agency may direct to be included, and

(c) the packaging must conform to any packaging standard issued by the
Agency under this section.

(9) 15Where a range of feeding products or feeding products in general are
promoted or advertised the packaging and the promotion and advertising
must include the following statement “These products are licensed by the
Infant and Young Child Nutrition Agency. They meet the standards and
guidelines set by the Agency as feeding products suitable for an infant or child
20under 36 months of age [or age range specified by the Agency].”

9 Offences

(1) A person commits an offence if he or she instigates, pays for or directs the
advertisement or promotion of feeding products as suitable for infants and
young children up to the age of 36 months which―

(a) 25are unlicensed (see section 5(1));

(b) do not meet licensing requirements (see section 5(2)); or

(c) do not meet the packaging standards set out at section 8.

(2) A person commits an offence when he or she instigates, pays for or directs the
promotion of a feeding product as suitable for infants and young children up
30to the age of 36 months by a method which is in contravention of a licensing
condition made by the Agency under section 6 in force at the time.

10 Enforcement and penalties

(1) It shall be the duty of the Agency to monitor the operation of the provisions in
the Act on the advertising and promotion of feeding products, both licensed
35and unlicensed, as suitable for infants and young children up to the age of 36
months.

(2) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 26
weeks, or to a fine not exceeding level 5 on the standard scale, or both;
40and

(b) on conviction on indictment, to imprisonment for a term not exceeding
5 years, or a fine not exceeding level 5 on the standard scale, or both.

11 Promotion of the operation and functions of the Agency

(1) The Agency has a duty to promote and publicise―

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 6

(a) its objectives, functions and methods of operation as set out in this Act;
and

(b) current scientific evaluation and guidance of the standards set for
feeding products.

(2) 5The duty at subsection (1) should be exercised in respect of―

(a) families with infants and young children and other members of the
public,

(b) health, social care and education workers,

(c) manufacturers of feeding products, and

(d) 10retailers of the products.

12 Regulations

(NONE) No regulations under this Act, other than those under section 15(3), shall be
made by the Secretary of State unless a draft of the statutory instrument
containing the regulations has been laid before, and approved by a resolution
15of, each House of Parliament.

13 Interpretation

(NONE) In this Act―

  • “advertise” means to publicise a product in some public medium of
    communication in order to induce people to buy or use it and includes
    20adverts aimed at children;

  • “breastmilk substitute” is any milk product (or milk substitute) presented
    as a partial or total replacement for breastmilk, whether or not suitable
    for that purpose and as being suitable for babies up to the age of 36
    months (including all follow-on formula and growing up milks);

  • 25“feeding product” means a substance that can be metabolized by an infant
    or young child to give energy and build tissue and includes foodstuffs,
    drinks and breastmilk substitutes and includes complementary food
    presented as suitable as a complement to breastmilk or to infant
    formula, when either become insufficient to satisfy the nutritional
    30requirements of the infant;

  • “label” means any tag, brand, marks, pictorial or other descriptive matter,
    written, printed, stencilled, marked, embossed or impressed on, or
    attached to, a container or packaging of feeding products;

  • “packaging” means any form of packaging of products for sale as a
    35normal retail unit, including containers, wrappers and labels; and

  • “promote” includes presenting, advertising and marketing and any
    activity that communicates directly or indirectly a product, brand or
    service in order to―

    (a)

    make people aware of,

    (b)

    40attracted to buy, or

    (c)

    induced to buy

    the product or category of product but does not include any advice or
    opinion given by a medical professional.

14 Financial provision

(NONE) 45There is to be paid out of money provided by Parliament—

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 7

(a) any expenditure incurred under or by virtue of this Act by a Minister of the
Crown, and

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

15 5Short title, commencement and extent

(1) This Act shall be cited as the Feeding Products for Babies and Children
(Advertising and Promotion) Act 2017.

(2) This section comes into operation on the day on which this Act is passed.

(3) All other sections shall come into force on such a day as the Secretary of State
10may by regulations made by statutory instrument appoint.

(4) This Act extends to England and Wales, Scotland and Northern Ireland.

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 8

Schedule Infant and Young Child Nutrition Agency: Further Provision

Membership, chair and deputy chair

1 The Agency shall consist of a chair and not less than five or more than eight
5other members, of whom—

(a) one member shall be appointed by the Welsh Minsters;

(b) one member shall be appointed by the Scottish Ministers;

(c) one member shall be appointed by the Department of Health for
Northern Ireland; and

(d) 10the others shall be appointed by the Secretary of State.

2 The chair shall be appointed by the appropriate authorities acting jointly
and, before appointing a person as one of the other members of the Agency,
the authority making the appointment shall consult the other appropriate
authorities.

3 15Before appointing a person as chair or member of the Agency, the authorities
or authority making the appointment shall—

(a) have regard to the desirability of securing that a variety of skills and
experience is available among the members of the Agency, including
experience in matters related to―

(i) 20infant and young child nutrition and feeding, and

(ii) advertising and promotion;

(b) consider whether any person it is proposed to appoint has any
financial, commercial or other interest which is likely to prejudice the
exercise of his or her duties; and

(c) 25ensure that all appointees comply with the ethical standards
expected of public office holders.

4 Before appointing members under paragraph (1), the authorities must
consult the chair.

5 The Agency may appoint one of the members as the deputy chair.

30Term of office

6 Members are to hold and vacate office in accordance with the terms of their
appointment, subject to the following provisions.

7 Members must be appointed for a term of not more than 5 years.

8 A member may resign by giving notice in writing to the Secretary of State.

9 35A person ceases to be the chair if the person—

(a) resigns that office by giving notice in writing to the Secretary of State,
or

(b) ceases to be a member.

Feeding Products for Babies and Children (Advertising and Promotion) BillPage 9

10 A person who holds or has held office as the chair, or as the deputy chair or
other member, may be reappointed, whether or not to the same office.

Staff and facilities

11 The Secretary of State may provide the Agency with—

(a) 5such staff,

(b) such accommodation, equipment and other facilities, and

(c) such sums,

as the Secretary of State may determine are required by the Agency in the exercise
of its functions.

10Research

12 The Agency may at any time request the Secretary of State to carry out, or
commission others to carry out, such research on behalf of the Agency for the
purpose of the carrying out of the Agency’s functions as the Agency may specify in
the request.

13 15If the Secretary of State decides not to comply with the request, the Secretary
of State must notify the Agency of the reasons for the decision.

Payments to members

14 The Secretary of State may pay to or in respect of the members of the Agency such
remuneration, allowances and expenses as the Secretary of State may determine.

20Status

15 The Agency is not to be regarded as—

(a) the servant or agent of the Crown, or

(b) enjoying any status, privilege or immunity of the Crown.

Sub-committees

16 25The Agency may establish committees and sub-committees.

Validity of proceedings

17 The Agency may regulate—

(a) its own procedure (including quorum), and

(b) the procedure of any committee or sub-committee (including
30quorum).

18 The validity of anything done by the Agency or any committee or sub-
committee is not affected by—

(a) any vacancy in the membership of the Agency or committee or sub-
committee, or

(b) 35any defect in the appointment of any member of the Agency or
committee or sub-committee.