National Consultant to draft the National Regulations for the Implementation of the Breastmilk Substitutes (BMS) Act, 2021 – Sierra Leone
Draft National Regulations for Breastmilk Substitutes Act, 2021 in Sierra Leone.
Overview
Draft National Regulations for Breastmilk Substitutes Act, 2021 in Sierra Leone.
You have:
- Advanced degree in Law, Nutrition Policy, or a related field.
- Minimum of 7 years’ experience in drafting legislation, regulations, or national policies.
- Demonstrated expertise in maternal and child nutrition, food regulation, or infant feeding.
- Excellent analytical, legal drafting, and stakeholder facilitation skills.
- Working proficiency in English (written, presentation and verbal communication skills).
- Excellent knowledge of Microsoft applications (e.g., Excel, Word, PowerPoint, etc.) with an emphasis on Excel or a similar workbook application.
- Proven experience working with governments, UN agencies, or international bodies.
Contract
This is a No grade contract. More about No grade contracts.
1. Area of expertise:
Technical experts for the Implementation of the Breastmilk Substitutes (BMS) Act, 2021 – Sierra Leone.
2. Purpose of consultancy:
The purpose of this consultancy is to draft comprehensive, context‑appropriate National Regulations that operationalize the Breastmilk Substitutes (BMS) Act, 2021 and support its full implementation in Sierra Leone. These regulations will define procedural steps, institutional mandates, enforcement systems, monitoring tools, penalties, and compliance requirements necessary to operationalize the Act throughout Sierra Leone.
3. Background
The survival, growth, and development of infants and young children depend on optimal feeding practices. The inappropriate marketing of breastmilk substitutes undermines breastfeeding, increases infant morbidity and mortality, and places financial stress on families. To safeguard breastfeeding, the World Health Organization (WHO) and UNICEF introduced the International Code of Marketing of Breastmilk Substitutes and subsequent relevant World Health Assembly (WHA) resolutions.
Sierra Leone continues to prioritize the improvement of maternal, infant, young child and adolescent nutrition as part of its national development agenda. The Ministry of Health (MoH), through the Food and Nutrition Directorate, is committed to safeguarding optimal Infant and Young Child feeding practices; breastfeeding and complementary feeding practices as outlined in the National Food and Nutrition Security Implementation Plan, the Basic Package of Essential Health Services (BPEHS), and the country’s commitments to global nutrition targets.
The Government of Sierra Leone enacted the Breastmilk Substitutes (BMS) Act, 2021 (“the BMS Act”) to provide for safe and adequate nutrition for infant and young children by promoting breastfeeding and by regulating the marketing, distribution, and use of breastmilk substitutes, feeding bottles, teats, infant formula and related designated products. The Act provides a legal framework governing prohibitions, labelling, information and education, and enforcement measures.
The BMS Act seeks to safeguard not only complementary feeding but most importantly breastfeeding. Breastfeeding remains a vital intervention and globally a low-cost nutrition intervention that contributes 13% to child survival. The National BMS Act, 2021 is aligned with the International Code of Marketing of Breast Milk Substitutes. According to the 2024 Global status report on national implementation of the International Code of Marketing of Breastmilk Substitutes, Sierra Leone achieved a 99% alignment score, placing it among the strongest African nations in terms of applying the International Code and subsequent WHA resolutions. In line with national commitments to improve child nutrition and enforce compliance with global standards, the Government intends to develop National Regulations on the Marketing of Breastmilk Substitutes.
To operationalize the Act, the development of National Regulations is required to strengthen enforcement, compliance, institutional roles, and accountability mechanisms. To support this process, a qualified national consultant is required to draft the regulations in consultation with Directorate of Food and Nutrition, MoH, other government stakeholders, UN agencies, civil society, and other relevant partners.
4. Deliverables:
The consultant will:
- Review the BMS Act, 2021 and all associated legal and policy instruments.
Develop detailed regulations to guide enforcement of the prohibitions in the Act, which include:
- prohibited practices
- labeling requirements
- marketing and promotional restrictions
- product information and education
- roles of inspectors and enforcement bodies
- penalties, forfeiture, and compliance mechanisms
Align the draft regulations with the National Breastmilk Substitute Act of 2021
- Facilitate stakeholder consultations with National Breastfeeding Promotion Advisory Committee, key line ministries, civil society, UN agencies, health professionals, and private sector actors.
- Produce final regulations ready for Cabinet/Parliament submission and subsequent gazetting.
4.1 Scope of Work
The consultant will undertake the following:
Desk Review
- Study the Breastmilk Substitutes Act, 2021, including prohibitions on sale, promotion, and labelling of designated products (Sections 13–21) and enforcement provisions (Sections 25–31).
- Review relevant national laws but not limited to (Public Health Act 2022, Food and Feed Safety Act 2017, the Child Rights Act 2025).
- Review key global instruments including the International Code of Marketing of Breast‑milk Substitutes.
4.2 Stakeholder Engagement
Conduct consultations with:
- Ministry of Health
- Breastfeeding Advisory and Promotion Committee established under Part II of the Act
- Civil society organizations
- Organizations of the National Code Committee (WHO, UNICEF, SUN Movement actors, FOCUS 1000 etc -key players in the development and advocacy of the Act).
Integrate feedback into the draft regulations.
4.3 Drafting of Regulations
- Prepare regulatory clauses covering:
- Marketing, advertising, and promotional restrictions
- Packaging requirements and health warnings
- Product information for health workers
- Labelling standards for infant formula, follow-up formula, young child formula, therapeutic foods, and complementary foods (as highlighted under Sections 15–20).
- Duties, powers, and procedures for inspectors, including warrant issuance, seizure, and improvement notices (Sections 25–29).
- Offences, penalties, director and partner liabilities (Section 30).
4.4 Validation
- Present draft regulations in a national validation workshop.
- Integrate comments and produce final approved version.
4.5 Expected Deliverables
- Inception Report with methodology and work plan.
- Stakeholder Consultation Report summarizing key findings.
- Draft National BMS Regulations aligned with the BMS Act of 2021 and international standards.
- Validation Workshop Report.
- Final draft Regulations document ready for endorsement by Parliament and gazetting.
5. Qualifications, experience, skills and languages
Education: (Qualifications)
Essential:
- Advanced degree in Law, Nutrition Policy, or a related field.
Experience
Essential:
- Minimum of 7 years’ experience in drafting legislation, regulations, or national policies.
- Demonstrated expertise in maternal and child nutrition, food regulation, or infant feeding.
Excellent analytical, legal drafting, and stakeholder facilitation skills.
Desirable: Proven experience working with governments, UN agencies, or international bodies.
Technical skills and knowledge:
- Excellent interpersonal skills with the ability to create team spirit; promote collaboration and foster open communication.
- Excellent knowledge of Microsoft applications (e.g., Excel, Word, PowerPoint, etc.) with an emphasis on Excel or a similar workbook application.
Languages and level required –
- Working proficiency in English (written, presentation and verbal communication skills)
Location:
c/o World Health Organization, Sierra Leone, 21 A&B Riverside Drive, off King Harman Road
P.O. Box 529 Brookfields, Freetown, Sierra Leone
6. Travel
NO Travelling required.
7. Remuneration and budget (travel costs are excluded):
The duration of this consultancy is for 3 Months. Remuneration will be at applicable fees as per the World Health Organization scale of Consultant at NOC.
Expected duration of contract (Maximum contract duration is 11 months per calendar year):
3 Months.
Potential interview questions
| Describe your experience in drafting legislation or regulations in the field of nutrition. | This question assesses your relevant experience and expertise in relation to the job requirements. | Detail specific instances where you drafted regulations, highlighting your role and contribution. |
| How would you approach stakeholder consultations for the development of national regulations? | Interviewers seek to understand your stakeholder engagement process and skills. | Pro members can see the explanation. |
| What strategies would you use to ensure compliance with the Breastmilk Substitutes Act? | Pro members can see the explanation. | Pro members can see the explanation. |
| Can you give an example of a challenging legislative document you have worked on, and how you overcame obstacles? | Pro members can see the explanation. | Pro members can see the explanation. |
| What are the key components you would include in the draft regulations for the BMS Act? | Pro members can see the explanation. | Pro members can see the explanation. |
| Discuss your understanding of the International Code of Marketing of Breastmilk Substitutes. | Pro members can see the explanation. | Pro members can see the explanation. |
| How would you measure the success of the implemented regulations you draft? | Pro members can see the explanation. | Pro members can see the explanation. |
| What interpersonal skills do you bring to this consultancy role, and how have they enabled collaboration in past projects? | Pro members can see the explanation. | Pro members can see the explanation. |