The Ministry of Health and Population has opened the draft Breast-Milk Substitutes (Control of Sale and Distribution) (First Amendment) Act, 2083 for public consultation. The draft was approved for consultation through a ministerial-level decision on Shrawan 6, 2083, and comments can be submitted to law.section@mohp.gov.np within seven days, by Shrawan 12, 2083. Among other changes, the draft defines a “child” as a person up to 36 months of age, defines complementary food as food used from above six months alongside breast milk or substitutes, and formally defines registered health workers.
The proposal would strengthen breastfeeding protection through a revised national committee and new provincial and local breastfeeding protection and promotion committees. Health workers would generally be prohibited from recommending breast-milk substitutes or related feeding products, except in specified medical circumstances such as serious maternal illness, inadequate breast milk, risk of infection through breastfeeding, certain medicines, serious health problems in the child, prolonged separation of mother and child, or where alternative breastfeeding is not possible. The government would also be allowed to establish breast-milk collection and management centres or similar services.
The draft would tighten commercial controls by prohibiting manufacturers and distributors from donating products or supplying them to healthcare institutions below retail price, and it explicitly bans cross-promotion using similar branding, packaging, colours, designs, images or messages to promote another product. It also proposes that distributors should not sell covered breast-milk substitute or related feeding products without a health worker’s recommendation. Inspection powers would be expanded across federal, provincial and local levels to check manufacturers, distributors, healthcare institutions and health professionals for compliance.
Violations would carry different penalties depending on the offence, ranging from up to six months or one year in prison and fines from Rs 10,000 to Rs 300,000, while certain offences could bring up to five years’ imprisonment. Courts would also be empowered to order compensation of up to Rs 1 million to affected persons or their legal heirs, considering physical or mental suffering, long-term harm, medical and transportation expenses and other relevant factors.
