Labelling of complementary foods and designated products Requirements
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1 DRAFT KENYA STANDARD DKS 2775: 2017 ICS Labelling of complementary foods and designated products Requirements KEBS 2017 First Edition 2017
2 TECHNICAL COMMITTEE REPRESENTATION The following organizations were represented on the Technical Committee: Kenya Industrial Research Development Institute Kenya Medical Research Institute University of Nairobi Egerton University Ministry of Health Food Safety Unit Ministry of Health Nutrition and Dietetics Unit Kenyatta National Hospital IBFAN Action Against Hunger (ACF) Kenya Association of Manufacturers Nestle Kenya Ltd Insta products Kenya Bureau of Standards Secretariat REVISION OF KENYA STANDARDS In order to keep abreast of progress in industry, Kenya Standards shall be regularly reviewed. Suggestions for improvements to published standards, addressed to the Managing Director, Kenya Bureau of Standards, are welcome. Kenya Bureau of Standards, 2017 Copyright. Users are reminded that by virtue of section of the Copyright Act, Cap. 12 of 2001 of the Laws of Kenya, copyright subsists in all Kenya Standards and except as provided under section 26 of this Act, no Kenya Standard produced by Kenya Bureau of Standards may be reproduced, stored in a retrieval system in any form or transmitted by any means without prior permission in writing from the Managing Director. ii KEBS 2017 All rights reserved
3 DRAFT KENYA STANDARD DKS 2775: 2017 ICS Labelling of complementary foods and designated products Requirements KENYA BUREAU OF STANDARDS (KEBS) Head Office: P.O. Box 54974, Nairobi-00200, Tel.: ( ) , , Fax: ( ) Web: Coast Region Lake Region Rift Valley Region P.O. Box 99376, Mombasa P.O. Box 2949, Kisumu P.O. Box 2138, Nakuru Tel.: ( ) , /40 Tel.: ( ) 23549, Tel.: ( ) , Fax: ( ) Fax: ( ) KEBS 2017 All rights reserved iii
4 Foreword This Kenya Standard was prepared by the Nutrition and Foods for Special Dietary Uses under the guidance of the Standards Project Committee, and it is in accordance with the procedures of the Kenya Bureau of Standards. This national standard was developed to assist in the implementation of the BMS (Regulations and Control) Act of 2012 and in particular article 7 (2) a, which requires labels of designated products be in accordance to the Standards Act. The technical committee reviewed existing national standards for labelling of pre-packaged foods and noted that they are deficient in ensuring full implementation of the BMS Act and thus developed this standard for that purposes. During preparation of this standard, reference was made to the following documents: Breast Milk Substitutes (Regulations and Control) Act, 2012 of the laws of Kenya WHO International Code of marketing of breast milk substitutes and subsequent endorsed resolutions KS EAS 38 Labelling of pre-packaged foods Acknowledgement is hereby made for the assistance derived from these sources. iv KEBS 2017 All rights reserved
5 DRAFT KENYA STANDARD DKS 2775: 2017 Labelling of complementary foods and designated products Requirements 1 Scope 1.1 This Draft Kenya Standard prescribes the minimum labelling requirements of complementary foods and designated products 1.2 The standard applies to infant formula, follow-up formula, complementary foods, feeding bottles, pacifiers, spouts, breast milk fortifiers and any other product that may be declared as a designated product in accordance to Breast Milk Substitutes (Regulations and Control) Act, 2012 of the laws of Kenya. 2 Normative references The following referenced documents are indispensable for the application of this standard. The latest edition of the standard shall apply: Breast Milk Substitutes (Regulations and Control) Act, 2012 of the laws of Kenya International Code of Marketing of Breast Milk substitutes and accompanying World Health Assembly resolutions Regulations published under the BMS Act of Definition For the purpose of this standard, the following definitions shall apply: 3.1 Breast Milk Substitutes is any food being marketed or otherwise presented as a partial or total replacement for breast milk, whether or not suitable for that purpose 3.2 Breast milk fortifier Is any nutrient or premix added to breast milk to increase its nutrient content 3.3 Complementary food is any food whether manufactured or locally prepared as suitable or presented as suitable complement to breast milk from the age of 6 months KEBS 2017 All rights reserved 1
6 3.4 Container any packaging of food for delivery as a single item, whether by completely or partially enclosing the food and includes wrappers. A container may enclose several units or types of packages when such is offered to the consumer 3.5 Designated product include food or drink presented as a partial or total replacement of breast milk, feeding bottles, teats, breast milk fortifiers, pacifiers and cups with spout 3.6 Distributor is a person, corporation or any other entity in the public or private sector engaged in the business (whether directly or indirectly) of marketing at the wholesale or retail level a product within the scope of this Code. 3.7 Follow-up formula is a breast-milk substitute formulated industrially and represented as suitable for an infant from the age of 6 months and beyond. 3.8 Health claim is a representation that states, suggests or implies that a relationship exists between a food or constituent of that food and health 3.9 Infant is a child from birth up to the age of 12 months 3.10 Infant formula is a breast-milk substitute formulated industrially to satisfy the normal nutritional requirements of infants up to six months of age, and adapted to their physiological characteristics Label is any tag, brand, marks, pictorial, drawing, graphics or other descriptive matter, written, printed, stenciled, marked, embossed or impressed on, or attached to, a container of any products within the scope of this standard. 2 KEBS 2017 All rights reserved
7 3.12 Manufacturer is a corporation of other entity in the public or private sector engaged in the business or function (whether directly or through an agent or through an entity controlled by or under contract with it) of manufacturing a product within the scope of this standard Marketing is any method of introducing or selling of a designated product or complimentary product including promotion, distribution, advertising, public relations, information services and distribution of samples 3.14 Nutrition claim is any representation which states, suggests or implies that a food had particular nutritional properties including but not limited to the energy value and to the content of protein, fat and carbohydrates, as well as the content of vitamins and minerals with the exception of mentioning the substance on the list of ingredients and qualitative and quantitative declaration of nutrient as may be required in regulations or product standards 3.15 Violation is any form of noncompliance by a complementary food or designated product to the requirements of this standard and that of BMS Act of 2012 of the laws of Kenya and its accompanying regulations 3.16 Young child is a child from 12 months to 36 months of age. 4 Requirements 4.1 General requirements Complementary food or designated product shall not be described or presented on any label or in any labelling in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect Complementary food or designated product shall not be described or presented on any label or in any labelling by words, pictorial or other devices which refer to or are suggestive either directly or indirectly, of any other product with which such food might be confused, or in such a manner as to lead the purchaser or consumer to suppose that the food is connected with such other product Labels in pre-packaged designated food product shall be applied in such a manner that they will not become separated from the container. KEBS 2017 All rights reserved 3
8 4.1.4 Statements required to appear on the label by virtue of this standard or any other standards shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper or not obscured by it The name of the designated product and statements required by this standard shall appear in a prominent position and in close proximity to the brand name and in the same field of vision The font size of the all specific mandatory declarations and statements required by this standard shall be not less than half of the font size of the largest word on the label of the designated product. Notwithstanding this requirement for half the size of largest word, the minimum height for the statement for food products shall not be less than 2.0 mm while that of other designated products such as feeding bottles, pacifiers and teats shall not be less than 1.5 mm Any label of a designated product not complying with any clause of this standard shall be deemed to have violated this standard, BMS Act of 2012 of the laws of Kenya and its regulations The age in which the product is recommended for use in numeric figures shall be declared A warning about the health risks of improper preparation and of using the product prior to the recommended age shall be indicated 4.2 Specific requirements applicable to designated products generally Language of the label The language on the label of a designated product shall be presented either in English or Kiswahili Where translation is done from any other foreign language or to local languages other than English or Kiswahili, the information shall fully and accurately reflect that on the original label Name of the designated product The name of the designated products shall be clear and in conformity with the relevant Kenya standard or the BMS (Regulations and Control) Act of 2012 of the Laws of Kenya and its regulations Identification of the manufacturer or distributor The label of a designated product shall identify a) Name, physical address and detailed contact address of the manufacturer, packer or a distributor; b) A declaration of the country of origin; and c) Where a designated product undergoes processing in a second country, which changes its nature, the country in which the processing is performed shall be considered as the country of origin for the purposes of labelling. 4 KEBS 2017 All rights reserved
9 In the event that a manufacturer or distributor changes any of the requirements in sub-clause , products bearing such a label shall be recalled and relabelled in conformity to the changed aspects. 4.3 Specific requirements applicable to designated food products List of ingredients a) The list of ingredients shall be headed or preceded by an appropriate title, which consists or includes the term ingredient ; b) Except for single ingredient foods, a list of ingredients shall be declared on the label; c) All ingredients shall be listed in descending order of ingoing weight (m/m) at the time of the manufacture of the food; d) Where an ingredient is itself the product of two or more ingredients, such a compound ingredient may be declared, as such, in the list of ingredients provided that it is immediately accompanied by a list in brackets of its ingredients in descending order of proportion (m/m); and e) Any ingredient used including food additives, where permitted, it shall be identified by its name and not its technological function or group to which it belongs Nutrition information a) The nutrition information shall be headed or preceded by an appropriate title, which consists or includes the term nutrition information ; b) It shall have a list of all nutrients based on the composition or analysis of the product. The amount declared shall be either the actual levels or average factory level but either case shall be within the limits of nutrients as provided in the relevant Kenya standard. c) The nutrient information shall be as specified in the relevant specifications of Kenya standards Net contents and drained weight The net contents shall be declared in the metric system ("Systeme International" units) Declaration of the net content shall be in accordance with the Weights and Measure law. The net contents shall be declared in the following manner: a) for liquid foods, by volume; b) for solid foods, by weight; and c) for semi-solid or viscous foods, either by weight or volume In addition to the declaration of net contents, a designated product in a liquid medium shall carry a declaration in the metric system of the drained weight of the food. For the purposes of this requirement, liquid medium means water, aqueous solutions of sugar and salt, fruit and vegetable juices in canned fruits and vegetables only, or vinegar, either singly or in combination. KEBS 2017 All rights reserved 5
10 4.3.4 Date marking and storage instruction The date of manufacture and expiry shall be indicated as required in relevant Kenya Standards or Foods, drug and Chemical Substances Act Cap 254 of the laws of Kenya The manufacturer shall state the optimal storage requirements that the product should be kept at the point of sale and at household level that will ensure the product composition remains in compliance with the specifications of relevant Kenya standards Instruction for appropriate preparation At the minimum, the following information shall be provided Illustration for use on the label shall be done by use of both graphics and words. This may be done on the primary package of the designated food products or using an insert to the primary package Instructions for cleaning and sterilization in words and graphics. - equipments An advisory message explaining that feeding with a cup is more hygienic than bottle feeding A advisory caution that children should not be left to self-feed for long periods of time because extended contact with sweetened liquids, including infant formula, may cause severe tooth decay The label shall have caution against the health hazards of inappropriate preparation In the case of powdered formulas, the following statements shall be included in the directions for appropriate use: a) Powdered formula may be contaminated with microorganisms during the manufacturing process or may become contaminated during preparation; b) It is necessary for formula to be prepared one feed at a time using filtered water at above 70 degrees celsius; and c) Any unused milk shall be discarded immediately after every feed Mandatory declarations and statements on all designated food products The protein source for designated product shall be declared in in true form e.g. source of protein is cow s milk The following statements in bold and conspicuous characters shall be indicated on the label in position and font size as described in clause 4.1 of this standard: a) The words, IMPORTANT NOTICE in capital letters, followed immediately by a statement, "Breast milk is best. Breast milk is ideal for the healthy growth and development of infants and young children. It protects against diarrhoea and other illness"; b) The words, WARNING in capital letters followed immediately by a statement, "Before deciding to supplement or replace breastfeeding with this product, seek the advice of a health professional. It is 6 KEBS 2017 All rights reserved
11 important for your baby's health that you follow all preparation instructions carefully. If you use a feeding bottle, your baby may refuse to feed from the breast. It is more hygienic to feed from the cup". and c) Statement that the product should only be used on the advice of a health worker Specific prohibition in a designated food product label The following shall not be allowed to be used on a label for designated food product: a) The container, label or insert shall not have pictures of infants nor shall they have other pictures, text or graphics which may idealize the use of designated food product; b) The term humanized or maternalized or similar terms shall not be used; and c) Designated food products labels including inserts shall not contain any health and nutrition claims Inks and adhesives Printing inks and adhesives (where used) on the labels shall not contain harmful chemicals that may migrate into the food product to present a hazard to the infant or young child. 4.4 Specific requirements applicable to other designated products All designated products other than foods shall be manufactured and presented in a manner that does not present any health hazards to the infants and young children by themselves or as a result of migration of harmful chemical substances as a result of continued use All designated product shall be accompanied by a label describing how it should be used and cleaned including recommended temperatures in words and /or graphics. This information may also be embossed on the product Any ink used in printing on a designated product shall not contain harmful substances to the health of the infants and young children. The ink shall not contain harmful substances that may migrate during the normal use of the product All retailers of designated product shall obtain and maintain a Declaration of Conformity (DOC) certificate from the manufacturer or suppliers for each of the designated products Designated products shall not be produced from reprocessed plastic materials. In the event that it comes from reprocessed plastics, that company shall be certified against ISO Part 4. KEBS 2017 All rights reserved 7
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