Replies to LegCo questions
LCQ8: Code of marketing of breast-milk substitutes
Following is a question by the Hon Fred Li and a written reply by the Secretary
for Food and Health, Dr York Chow, in the Legislative Council today (November
10):
Question:
The World Health Organisation (WHO) adopted the International Code of Marketing
of Breast-milk Substitutes (WHO Code) as early as 1981, and recently the
Department of Health has indicated that it has set up a multi-disciplinary task
force to draw up a Hong Kong Code of Marketing of Breast milk Substitutes (local
code). In this connection, will the Government inform this Council:
(a) of the terms of reference of the aforesaid task force;
(b) how the local code to be drawn up will implement the WHO Code in Hong Kong;
(c) given that the WHO Code stipulates that milk powder dealers should not
directly or indirectly provide samples of milk products to pregnant women,
mothers or members of their families when marketing breast milk substitutes,
whether the Government had reminded local hospitals and private medical
practitioners in the past five years that they should not promote or provide
samples of milk products to these people on behalf of milk powder dealers; if it
had, of the details; if not, the reasons for that; and
(d) whether the Government will enforce the local code on a mandatory basis; if
not, how the Government will make milk powder dealers comply with the local code
on a voluntary basis?
Reply:
President,
(a) The Department of Health (DH) has set up a Task force on Hong Kong Code of
Marketing of Breast-milk Substitutes at the end of June 2010 comprising
representatives from relevant government departments (including Food and Health
Bureau, Food and Environmental Hygiene Department, Television and Entertainment
Licensing Authority), Hospital Authority (HA), Consumer Council, specialist
groups, non-governmental organisations, and other major local partners. The
terms of reference of the Task force are as follows:
* To develop and promulgate the Hong Kong Code of Marketing of Breast-milk
Substitutes according to the International Code of Marketing of Breast-milk
Substitutes (the Code) of the World Health Organisation (WHO) and subsequent
World Health Assembly resolutions;
* To develop a system for monitoring the compliance with the Hong Kong Code; and
* To monitor the compliance with the Hong Kong Code by the trade.
(b) The WHO Code stipulates a number of basic requirements for regulation of
undesirable marketing practises in the sale of milk powder, and in particular,
emphasises the responsibility of milk powder manufacturers and distributors in
complying with the aim and principles of the Code. At present, we rely on milk
powder manufacturers and distributors in Hong Kong to exercise self-discipline
in compliance with the Code in the monitoring of their marketing practises.
Where non-compliance of the WHO Code was noted, DH would issue warning letters
to the manufacturers involved. To enhance our monitoring, the Government is now
drafting a set of local Code that is applicable in Hong Kong, in accordance with
the WHO Code.
(c) DH has produced publicity leaflets on breastfeeding and distributed them to
private hospitals and clinics. Besides, public hospitals have banned promotional
activities on breast-milk substitutes within their premises. Starting from April
1, 2010, HA purchases milk powder from contract suppliers by tender and no
longer accepts free samples of breast-milk substitutes. It is also stipulated in
the tender contracts that the suppliers must comply with the WHO Code. Specific
requirements set out in the contract include: promotion of breast-milk
substitutes in hospitals is prohibited; suppliers are not allowed to distribute
free samples to mothers; company representatives are not allowed to contact
mothers; suppliers are not allowed to present gifts or personal samples to
health workers; words or images idealising consumption of milk powder are
banned; information provided to health workers must be scientific and factual,
etc. These requirements aimed at ensuring that the sale and advertising of
breast-milk substitutes will not discourage breastfeeding so as to achieve more
effective implementation of the breastfeeding policy in hospitals and to further
enhance the ever-breastfeeding rate in new born babies. Over the past 10 years,
the percentage of babies discharged from public hospitals who had been breastfed
has risen from 53% in 2000 to 73% in 2009.
(d) At present, many countries like Australia, New Zealand, Singapore and
Malaysia etc have formulated voluntary guidelines applicable in their own
countries for compliance by the trade with reference to the WHO Code. In light
of the experience of other countries, it would be more effective in the control
of undesirable marketing practises if appropriate monitoring and sanction
mechanisms are put in place in tandem with implementation of the Code. We
expected the drafting of the Hong Kong Code will be completed by the end of 2011
for implementation in 2012. DH will monitor the situation and canvass the views
of various parties to consider if there is a need to step up enforcement and
regulation through the local Code.
Ends/Wednesday, November 10, 2010
Issued at HKT 15:13
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