The BMS Law 2013 states that “within the scope of sub-section (1), among others the following things particularly shall not be done, namely… to donate or distribute, among the organizations or rescue shelters that are engaged in saving or reducing risk of children below five years of age or pregnant woman or newly delivered woman who are affected or endangered by natural calamity as defined in …the Disaster Management Act, 2012 any breast-milk substitutes, infant foods, commercially manufactured complementary foods or any accessories thereof”

Please that the definitions used under the Bangladesh BMS Law differ from those used by The Code:

• “breast-milk substitutes” means any infant food, for a child up to the age of six months, prepared, marketed or otherwise presented as a partial or total replacement of breast-milk.
• “infant foods” means any food, for a child above the age of six months, prepared, marketed or otherwise presented as a partial or total replacement of breast-milk”
• “commercially manufactured complementary foods” means any food, by whatever name called, for requirement of a child from six months to five years of age manufactured commercially with appropriate nutrients.
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I am seeking clarification on:

1) Whether targeted distribution of infant formula to infants dependent on BMS, as established through an individual assessment by a trained health or nutrition worker, would be considered a violation of this law. (The 2007 National Strategy on IYCF provides for these infants as per the Ops Guidance)

Can this be interpreted as that it is prohibited to donate or distribute the above items among responding organizations or rescue shelters – but that this does not necessarily mean it is prohibited to provide (in a targeted and responsible manner) the above named items to crisis affected populations?

2) What options would be available to meet complementary feeding needs in the event that non-commercial i.e. locally produced / homemade complementary foods are not available as a result of the emergency?

Thank you in advance

The full text can be accessed here: http://www.dpp.gov.bd/upload_file/gazettes/10838_82158.pdf