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LAW OF THE KYRGYZ REPUBLIC

of December 17, 2008 No. 263

About protection of breastfeeding of children and regulation of marketing of products and means for artificial nutrition of children

(as amended of the Law of the Kyrgyz Republic of 06.07.2016 No. 99)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 30, 2008

The purpose of this Law is health protection of children, in particular babies and children of younger age, by protection and promotion of breastfeeding of children, regulation of marketing of products and means for artificial nutrition of children.

Chapter 1. General provisions

Article 1. Coverage of this Law

This Law governs the relations between state bodies, local government bodies, legal entities and citizens in the field of protection and promotion of breastfeeding, and also distribution and promotion of products and means for artificial nutrition of children.

Article 2. The legislation of the Kyrgyz Republic on protection of breastfeeding of children and regulation of marketing of products and means for artificial nutrition of children

The legislation of the Kyrgyz Republic in the field of protection and promotion of breastfeeding of children consists of this Law, the Convention on the Rights of the Child and other regulatory legal acts of the Kyrgyz Republic.

If international treaties and agreements of the Kyrgyz Republic establish other rules, than those which are provided by this Law then are applied rules of such contracts and agreements.

Article 3. The basic concepts and determinations used in this Law

Children's nutritious mix - product for artificial nutrition of babies and children of younger age, dairy or similar to milk of animal or phytogenesis, produced by industrial method according to the requirements established by the legislation of the Kyrgyz Republic to quality.

Children of younger age are children aged from twelve months up to two years.

The baby - the child aged up to twelve months.

Marketing - promotion, distribution, sale of the designated products and means, including ensuring public relations, and also information support.

Materials and the equipment - medical or other equipment, means for rendering the medical and sanitary help and other materials used by the organizations of health care and organizations of social security.

The organizations of health care - the public, local or private medical institutions or the organizations occupied directly or indirectly with rendering the medical and sanitary help to expectant mothers, mothers of babies and children of younger age. Within this Law this concept does not include drugstores or other pharmaceutical organizations.

Products and means for artificial nutrition of children (further the designated products):

1) children's nutritious mix for babies and children of younger age;

2) any other product sold or provided otherwise suitable for feeding of babies up to six months;

3) feeding up;

4) small bottles for feeding, nipples (horns), pacifiers;

5) any other products recognized by authorized state body the products and means for artificial nutrition of children falling under operation of this Law.

Batches of the designated products - certain quantity of the designated products provided by the producer or the distributor during the long period of time gratuitously or at low price for the social purposes.

The producer of the designated products - the physical person or legal entity which is engaged in production of the designated products specified in this Law, performing sale of products directly or through distributors and also through persons controlled or cooperating with it.

Feeding up - any product made industrial or otherwise, used as amendment to breast milk or children's nutritious mixes.

Promotion of the designated products includes:

1) advertizing of the designated products;

2) carrying out special showings, provision of various methods of discounts for the prices of the designated product (sale, sale below cost, sale with loading), provision of the designated product as prize or gift;

3) provision of one or more samples of the designated product to any person;

4) donation and distribution of any information and educational materials on idealization of consumption of the designated products;

5) other types of activity directly or indirectly directed to encouragement of purchase or use of the designated product.

The distributor of the designated products - the physical person or legal entity which is engaged in wholesale or at retail the designated products.

Employees of the organizations of health care - the physical persons working in the organizations of health care and also service personnel and the other persons working on a voluntary basis.

Advertizing of the designated product - submission of information on the designated product for the purpose of assistance to its sale or transfer, including use of printing, electronic mass media, telecommunication and other means of communication, and also representation of emblems, billboards, announcements, illustrations or other samples.

Organizations of social security - children's boarding schools, orphanages (day nursery), children's homes and other similar organizations founded on the state, municipal and private pattern of ownership.

The label - any sticker, brand, brand, graphical or other descriptive material of manual operation or printed, made on cliche or in the form of stamping, or print, or pasted on packaging of the designated products.

Chapter 2. State protection of breastfeeding of children

Article 4. Guarantees of protection of breastfeeding of children

1. The state guarantees the protection of the rights, freedoms and interests of expectant mothers, nursing mothers and their children performed through structure of state bodies.

In addition to measures for protection of labor, family, social and other rights of the expectant mothers and nursing mothers established by the legislation of the Kyrgyz Republic, the specified categories of persons have the right to the following privileges:

- extraordinary servicing in medical institutions, trade enterprises and public catering, irrespective of patterns of ownership and departmental subordination;

- extraordinary acquisition of the ticket for any kinds of transport;

- free use of services of the rooms of mother and child relating to railway stations, the airports, bus stations, bus stations and autopavilions;

- free transportation of babies and children of younger age air, water, railway, urban passenger transport and road transport public.

2. For the purpose of creating favorable conditions to nursing mothers in public authorities and local self-government, and also at the companies, in organizations and the organizations, irrespective of patterns of ownership, special rooms for mother and the child are provided.

3. Protection of breastfeeding of children is provided with state bodies, local government bodies within the delegated state powers by restriction of marketing of the designated products, and also establishment of conditions of quality, availability of information on their use.

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