The Public Health Bill, 1999

PART X: INFANT NUTRITION

Infants to be nourished

100. (1) For the purposes of this Part, unless the content otherwise requires - "infant" means a person or child under the age of seven years; "infant food" means any food nutritionously suitable for an infant, including dairy produce which is like wise suitable and sold or prepared for consumption for infants, or which is represented by its manufacturer or promoter or seller, and not prohibited by the Minister by notice published in the Gazette, as being suitable for consumption by infants.

(2) Every infant shall have an enforceable right to be fed and nourished with infant food including breast milk by its mother, custodian or guardian.

(3) No person, without just cause, shall deprive an infant any right conferred by this section, Part or other legislation relating to the conferment or protection of infants or children of their rights.

(4) No law shall be construed, for this Part, as denying infants or children the right to be recipients of rights.

(5) Any person who has a legal duty to feed and nourish an infant and who, without a just cause, fails, neglects or refuses to feed and nourish, or fails, neglects or refuses to feed and nourish, or fails, neglects or refuses to contribute towards the feeding and nourishment of the infant commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand Emalangeni, which fine may be amended by the Minister by notice published in the Gazette, or to imprisonment for a period not exceeding fifteen months for each time the offence is committed.

(6) The Court determining or hearing a case under this section shall take into account-

(i) the station of life of the parties;

(ii) the personal circumstances of each party;

(iii) the financial or income means of each party; and

(iv) most important and superceding the considerations in sub-paragraphs (i) to (iii) inclusive, the rights and welfare of the infant, and

thereafter, the court shall be competent to make, in addition to the sentence given under subsection (5), further orders for the welfare of the infant, including orders as to the execution and sale in execution of property from the estate of the defaulting party or parties.

(7) Any person concerned with the welfare of the infant, including a social health officer, social welfare officer or such officer as may be authorised by the Minister or a stranger, shall be competent to institute proceedings on behalf of a parent, guardian or the infant for the benefit of the infant.

(8) The court hearing the case shall guard against bad motive, malice and intentions propelled by motives other than the welfare of the infant and for that purpose for the application or action to succeed it must be proved to the court that the child is infact not well fed and nourished, regard given to the contents of subsection (6).

Breastfeeding of infants

101. (1) Subject to the health status of a mother, a mother of an infant shall breastfeed, in the interest of promoting natural nourishment of infants or for the purpose of complying with the provisions of this Part, the infant for a period which shall not be less than six months.

(2) Where an infant refuses or rejects the mother's breast milk, the mother may obtain documentary proof of that fact excusing the mother from compliance with subsection (1) from any health officer, such as a nurse, who shall first verify the truthfulness of the mother's assertion and the officer or nurse shall keep a record of the fact.

(3) Any person required under this section to keep a record shall keep such record for a period not less than twelve months.

Regulations in respect infant nutrition

102. (1) The Minister may make regulations, published in the Gazette for the purposes of this Part, alone or with another person.

(2) Without prejudice to subsection (1) the Minister, in collaboration with the Nutrition Council of Swaziland or its successor, may make regulations or notices published in the Gazette in respect of all or any of the following matters -

(a) encouraging and promoting the breastfeeding of infants;

(b) standard of composition, quality, or the properties, of any infant food or feeding articles;

(c) regulating, restricting or prohibiting the manufacturing, marketing, advertising, sale or offer of certain infant foods and feeding articles;

(d) the sampling and testing of infant food to ascertain quality, properties and suitability of infant food;

(e) regulating, restricting or prohibiting the sale, distribution or display of information or educational materials relating to infant food, feeding articles or the feeding and nutrition of infants - which in the opinion of the Minister or the Nutrition Council of Swaziland is misleading or non appropriate for the people or infants of Swaziland;

(f) regulating, restricting or prohibiting -

(i) the offering or giving directly or indirectly, by manufactures or promoters of infant food or feeding articles, of financial benefits or such gifts intended to induce health workers to promote the interests or business of the promoters or manufactures;

(ii) receipt by health employees of financial benefits or gifts referred to in sub-paragraph (i);

(g) powers of entry, search, seizure, inspection and investigation for purposes of preventing, detecting, counselling or investigating offences in terms of this Part or regulations;

(h) furnishing of returns, particulars and other information by nurses, medical practitioners, medical officers, other officers, and persons who manufacture, market or sell infant food or feeding articles;

(i) empowering the Nutrition Council of Swaziland to approve labels, packages, information, educational or promotional material as pertaining to the marketing and distribution of infant food and feeding articles;

(j) empowering the Nutrition Council of Swaziland to do certain things which the Minister believes the Nutrition Council of Swaziland is the better forum or vehicle for doing those things or delegate some of the Ministers powers, generally or specially to the Nutrition Council of Swaziland; and

(k) generally, any matter which, in the opinion of the Minister, may encourage and promote the proper feeding and nutrition of infants.

(3) Regulations made under this section or Part may prescribe offences and penalties.

Offences and penalties

103. Any person who fails to comply with a requirement under this Part or regulation or who contravenes a provision of this Part or regulations made under this Part commits an offence and liable, where a punishment is not specified, on conviction, to a fine not exceeding five thousand Emalangeni which fine the Minister may amend by notice published in the Gazette or to imprisonment for a period not exceeding twelve months.