&# 8203;&# 8203;&# 8203;&# 8203; At the 28th meeting of the Standing Committee of the 15th Guangzhou Municipal People's Congress held on October 29, the "Regulations of Guangzhou Municipality on the promotion of breastfeeding" was voted through. The regulation is the first local regulation to promote breastfeeding in China. According to the legislative procedure, it will be implemented at a selected time after being submitted to the Standing Committee meeting of the provincial people's Congress for review. The regulations adopted by this vote propose that no unit or individual shall interfere with and discriminate against mothers' breastfeeding; The government should set up subsidies for the construction of mother and baby rooms and nursing rooms.
1. A mother and baby room shall be built in class VI public places, otherwise a fine shall be imposed
There are 27 articles in the regulations, which aims to provide necessary conditions and guarantee for breastfeeding by promoting the government and its departments, medical institutions, public places, employers, social organizations and other subjects. It clearly stipulates the responsibilities of municipal and District People's governments and their relevant departments, and specifically standardizes the responsibilities of medical institutions in supporting and ensuring breastfeeding, The requirements for the construction and management of mother and baby rooms and nursing rooms are specified in detail, and the construction and management of breast milk bank are standardized.
The regulations stipulate that if the building area of six types of public places exceeds 10000 square meters or the daily flow of people exceeds 10000 people, mother and baby rooms shall be built: (1) medical institutions; （2） Railway stations, rail transit transfer stations, long-distance passenger stations, expressway service areas, airports and other public transport places; （3） Libraries, museums, cultural centers, art galleries, workers' Cultural Palace, Youth Palace, citizen activity center, women's and children's activity center, stadium, book purchase center and other public cultural and sports service places; （4） Government service center, convenience service center and other public service institutions; （5） Comprehensive parks, special parks, scenic spots and other tourism and leisure places; （6） Business premises.
If the above six kinds of public places should be built but there is no mother and baby room, they shall be built again. Otherwise, the relevant administrative department shall order it to make corrections within a time limit and impose a warning. If it fails to make corrections within the time limit, it shall be fined not less than 20000 yuan but not more than 50000 yuan.
2. The government should set up subsidies for the construction of mother and baby rooms and nursing rooms
With regard to the responsibilities of employers concerned by breastfeeding mothers, the regulations put forward that "employers with more female employees should build nursing rooms and provide breast milk storage facilities according to the needs of female employees. Encourage the unified construction of nursing rooms in office buildings, industrial parks and other places. "
Compared with the statements in previous versions, the voting draft no longer makes clear requirements for the types of units that need to build mother and baby rooms, but emphasizes the attitude of "according to the needs of female employees" and "encouragement". The first draft of the regulations originally submitted for deliberation once proposed the restriction of "units with more than 200 female employees of childbearing age". After the first instance, it was revised to "organs and institutions", and finally changed to "employers with more female employees", no longer having the attitude of compulsory construction.
In the process of soliciting opinions, some breast-feeding mothers want the provisions to be clearer, and some enterprises and units put forward their own difficulties. In this regard, relevant people in the legislative department have said that feasibility must also be considered in legislation, and the regulations play a more promotional role, hoping that all parties will continue to improve and improve in the process of implementation.
At the same time, the regulations propose that the municipal and District People's governments should set up subsidies for the construction of mother and baby rooms and nursing rooms, which should be included in the financial budget of the people's governments at the same level. The specific subsidy measures shall be formulated separately by the Municipal People's government.
In addition, the provisions on the protection of the rights and interests of female employees during lactation are scattered in laws, administrative regulations, provincial regulations and rules. The regulations restate the provisions on maternity leave, lactation leave and labor protection of female employees according to the provisions of relevant superior laws, including 'female employees who breastfeed infants under one year of age, The employing unit shall arrange one hour of nursing time for them within the working hours of each day; If a female worker has multiple births, the breastfeeding time shall be increased by one hour per day for each additional baby. The nursing time of female employees and the time on the way back and forth for nursing shall be regarded as normal labor and receive the salary for normal working hours', etc.
3. It is prohibited for medical institutions to publicize and recommend breast milk substitutes to pregnant women
The attitude and professional support of medical institutions towards breastfeeding are also the focus of attention of breastfeeding mothers. The regulations stipulate the relevant work of medical institutions: medical institutions engaged in midwifery technical services should formulate a working system to promote breastfeeding; Regularly carry out breastfeeding knowledge and skill training for all medical staff every year, and incorporate breastfeeding knowledge and skill training into the pre job training of new staff; Set up breastfeeding consultation clinic, etc.
At the same time, the regulations prohibit medical institutions and their staff from publicizing and recommending breast milk substitutes to pregnant women and their family members, or advising pregnant women and their family members to use breast milk substitutes when they do not meet medical indications. In case of violation, the competent administrative department of public health shall order it to make corrections within a time limit. If the circumstances are serious, it shall be given a warning.
It is prohibited for medical institutions and their staff to accept breast milk substitutes provided free of charge by manufacturers and operators of breast milk substitutes, or to accept equipment, funds and materials conditionally provided by manufacturers and operators of breast milk substitutes for the purpose of marketing. In case of violation, the competent administrative department of public health shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 2000 yuan but not more than 20000 yuan.
4. It is the first local regulation to promote breastfeeding in China
According to the legal working committee of the Standing Committee of the Municipal People's Congress, the regulations are the first local regulations to promote breastfeeding in China. At a time when the world is dealing with prominent problems such as population aging, the formulation of regulations is undoubtedly an important measure to implement the healthy China strategy, which is of great practical significance to protect the physical and mental health of mothers and infants, improve the level of civilization and urban image of the city.
The bill was jointly put forward by 74 deputies to the Municipal People's Congress at the fourth session of the 15th Municipal People's Congress held in January this year, and passed by vote after being deliberated twice by the Standing Committee of the Municipal People's Congress.
The legislative proposal of the regulations of Guangzhou Municipality on the promotion of breastfeeding is "bottom-up", which is rare in the local legislative process. After the legislative motion appeared at the two municipal sessions this year, it has aroused no small concern.
On the 29th, after the adoption of the regulations, Lei Jianwei, the representative of Guangzhou Municipal People's Congress who led the proposal, said with emotion that the legislation took nine and a half months from the formal proposal to the vote of the Standing Committee of Guangzhou Municipal People's Congress. This speed is very fast. "Only Guangzhou, an open and inclusive city, can open the door to legislation Courage and action for innovation '.