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LAW OF TURKMENISTAN

of March 26, 2016 No. 371-V

About promotion and support of breastfeeding

(as amended of the Law of Turkmenistan of 25.11.2017 No. 661-V)

This Law establishes the state guarantees of ensuring maternity welfare and the childhood and is directed to observance of one of basic rights of the child – the right to breastfeeding as unique opportunity of forming of his physical and mental health.

Chapter I. General provisions

Article 1. Basic concepts

For the purposes of this Law the following basic concepts are used:

1) promotion and support of breastfeeding – complex of the actions directed to informing the population on breastfeeding benefits in comparison with artificial feeding;

2) breastfeeding – the feeding of the child breast milk providing it harmonious physical and mental development;

3) the baby – the child aged up to one year;

4) the child of early age – the child aged from one year up to three years;

5) the designated products – the foodstuff and means intended for artificial feeding of the baby and the child of early age. Treat them:

a) initial mixes – the mixes as close as possible to breast milk on the chemical composition and nutrition value in liquid or powdery form made on the basis of cow's milk and milk of other farm animals by industrial method according to regulating documents held for use as substitutes of breast milk for the purpose of satisfaction of physiological needs of the baby from the birth to six months. Purpose of initial mixes is made only according to the recommendation of the doctor;

b) the subsequent mixes – the adapted or partially adapted mixes made by industrial method on the basis of raw materials of animal or phytogenesis according to regulating documents, intended for feeding of the baby are more senior than six months;

c) special mixes – the mixes intended for feeding of the baby, used for the purpose of prevention of diseases and their treatment;

d) other types of products entered into the child's diet aged from six months before achievement of age by it three years according to its age physiological features as amendment to breast milk or its substitutes made product-based animal or phytogenesis (further – additional food).

By the Ministry of Health and the Medical Industry of Turkmenistan other products intended for artificial feeding of the baby and the child of early age also can be carried to the designated products;

e) small bottle with pacifier – reservoir with pacifier or the reservoir suitable for accession of pacifier intended for artificial feeding of the baby and the child of early age;

a) pacifier – the soft cap without opening strengthened on round plate, intended for satisfaction of sosatelny reflex of the baby and the child of early age;

f) pacifier – the soft cap with opening for accession to small bottle intended for artificial feeding of the baby and the child of early age;

6) artificial feeding – feeding of children initial and subsequent mixes which composition and properties shall correspond to their age physiological features, provide effective comprehensibility and guarantee in case of their use lack of risk of damnification of life or to health of children;

7) the producer of the designated products (further – the producer) – the legal entity, and also the physical person who is engaged in business activity without formation of legal entity performing production of the designated products, and also their sale directly or through distributors (distributors);

8) the distributor (distributor) of the designated products (further – the distributor) – the legal entity, and also the physical person who is engaged in business activity without formation of legal entity enabling the realization of the designated products.

Article 2. Legislation of Turkmenistan on promotion and support of breastfeeding

The legislation of Turkmenistan on promotion and support of breastfeeding is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan in the sphere of promotion and support of breastfeeding.

 

Article 3. State guarantees of ensuring maternity welfare and childhood

1. For the purpose of creating favorable conditions for expectant mothers and nursing mothers at the companies, irrespective of pattern of ownership, with broad application of female labor, the state guarantees the organization of rooms of personal hygiene of women, rooms for feeding of the child, and also children's day nursery, kindergartens and other types of preschool institutions.

On railway and marinas, bus stations, at the airports, large shopping centers rooms of mother and the child shall be provided. At the same time expectant mothers and nursing mothers use the specified rooms free of charge.

The state also guarantees protection of the rights of expectant mothers, nursing mothers on:

1) providing with government maternity pays, in case of the child's birth, on child care;

2) extraordinary servicing in medical institutions, at trade enterprises and public catering irrespective of pattern of ownership and departmental subordination;

3) provision along with general break for rest and food of additional breaks for feeding of the child;

4) extraordinary acquisition of tickets for any kinds of transport;

5) transportation of the baby and child of early age by free of charge air, railway, sea and road transport public.

2. Also other rights established by the legislation of Turkmenistan can be granted to expectant mothers and nursing mothers.

Article 4. Financing in the sphere of promotion and support of breastfeeding

Financing in the sphere of promotion and support of breastfeeding is performed at the expense of means of the Government budget of Turkmenistan, and also other sources which are not forbidden by the legislation of Turkmenistan.

Article 5. Participation of public associations in the sphere of promotion and support of breastfeeding

Public associations according to the charters and with the legislation of Turkmenistan take part in activities for promotion and support of breastfeeding and providing with the safe and quality designated products.

Chapter II. State regulation and control in the sphere of promotion and support of breastfeeding

Article 6. The state bodies exercising state regulation and control in the sphere of promotion and support of breastfeeding

The state bodies exercising state regulation and control in the sphere of promotion and support of breastfeeding are the Cabinet of Ministers of Turkmenistan, the Ministry of Health and the Medical Industry of Turkmenistan (further – authorized body), and also local executive bodies and local government bodies within their competence.

Article 7. Competence of the Cabinet of Ministers of Turkmenistan

Cabinet of Ministers of Turkmenistan:

1) determines single state policy in the sphere of promotion and support of breastfeeding;

2) publishes regulatory legal acts in the sphere of promotion and support of breastfeeding;

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