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INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS (REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT

Ministry of Law and Justice

Act nº 41 of 1992


  • Act nº 41 of 1992

Preamble

THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS (REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 1992

[Act, No. 41 of 1992]

[29th December, 1992]

PREAMBLE

An Act to provide far the regulation of production, supply and distribution of infant milk substitutes, feeding bottles and infant foods with a view To the protection and promotion of breast-feeding and ensuring the proper use of infant foods and for matters connected therewith or incidental thereto.

Be it enacted by Parliament in the third Year of the Republic of India as follows:--

Section 1. Short title, extent and commencement

(1) This Act may be called the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

(2) It extends to the whole of India.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

1. Came into force on 1-8-1993, vide G.S.R. 527 (E), dated 31st July, 1993, published in the Gazette of India, Extra., Pt. II, Sec. 39i), dated 31st July, 1993.


Section 2. Definitions

(1) In this Act, unless the context otherwise requires,--

1 [(a) "advertisement" includes any notice, circular, label, wrapper or any other document or visible representation or announcement made by means of any light, sound, smoke or gas or by means of electronic transmission or by audio or visual transmission;]

(b) "container" means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapper or other (hing in which any infant milk substitute, feeding bottle or infant food is placed or packed for sale or distribution;

(c) "feeding bottle" means any bottle or receptacle used for the purpose of feeding infant milk substitutes and includes a teat and a valve attached or capable of being aitached to such bottle or receptacle;

(d) "health care system" means an institution or organisation engaged, either directly or indirectly, in health care for mothers, infants or pregnant women and includes a health worker in private practice, 2 [a pharmacy, drug store and any association of health workers]

(e) "health worker" means a person engaged in health care for mothers, infants or pregnant women;

(f) "infant food" means any food (by whatever name called) being marketed or otherwise represented as a complement to mother's milk to meet the growing nutritional needs of the infant 3 [after the age of six months and up to the age of two years]

(g) "infant milk substitute" means any food being marketed or otherwise represented as a partial or total replacement for mother's milk, 4 [for infant up to the age of two years]

(h) "label" means a display of written, marked, stamped, printed or graphic mailer affixed to, or appearing upon, any container;

(i) "prescribed" means prescribed by rules made under this Act.

5 [(j) "promotion" means to employ directly or indirectly any method of encouraging any person to purchase or use infant milk substitute, feeding bottle or infant food.]

(2) Any reference in this Act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, if force in that area.

1. Substituted by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003). Prior to substitution it read as under :

"(a) "advertisement" includes any notice, circular, label, wrapper and other documents and also includes any visible representation or announcement made by means of any light, sound, smoke or gas;"

2. Substituted for "but does not include a pharmacy or drug store" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

3. Substituted for "after the age of four months" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

4. Substituted for "whether or not it is suitable for such replacement;" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

5. Inserted by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).


Section 3. Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods

No person shall--

(a) advertise, or take part in the publication of any advertisement, for the distribution, sale or supply of infant milksubstitutes 1 [feeding bottles or infant foods]; or

(b) give an impression or create a belief in any manner that feeding of 2 [infant milk substitutes and infant foods are] equivalent to, or better than, mother's milk; or

3 [(c) take part in the promotion of infant milk substitutes, feeding bottles or infant foods.]

1. Substituted for "or feeding bottles" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

2. Substituted for "infant milk substitutes is" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

3. Substituted by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003). Prior to substitution it read as under :

"(c) take part in the promotion of use or sale of infant milk substilutes or feeding bottles or infant foods otherwise than in accordance with the provisions of this Act."


Section 4. Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles

No person shall--

(a) supply or distribute samples of infant milk substitutes or 1 [feeding bottles or infant foods] or gifts of utensils or other articles; or

(b) contact any pregnant woman or the mother of an infant; or

(c) offer inducement of any other kind,

for the purpose of promoting the use or sale of infant milk substitutes or1 [feeding bottles or infant foods] .

1. Substituted for "feeding bottles" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).


Section 5. Donations of infant milk substitutes or feeding bottles or equipment or materials relating thereto

Subject to the provisions of sub-section (4) of section 8, no person shall donate or distribute--

(a) infant milk substitutes or 1 [feeding bottles or infant foods] to any other person except to an orphanage;

(b) any informational or educational equipment or material relating lo infant milk substitutes or 1 [feeding bottles or infant foods]

Provided that nothing in this clause shall apply to the donation or distribution, subject to such conditions and restrictions as may be prescribed, of such equipment or material through the health care system.

1. Substituted for "feeding bottles" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).


Section 6. Information on containers and labels of infant milk substitutes or infant foods

(1) Without prejudice to the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules made thereunder, no person shall produce, supply or distribute any infant milk substitute or infant food unless every container thereof or any label affixed thereto indicates in a clear, conspicuous and in an easily readable and understandable manner, the words "important notice" in capital letters in such language as may be prescribed and indicating thereunder the following particulars in the same language, namely:--

(a) a statement "mother's milk is best for your baby" in capital letters;

(b) a statement that infant milk substitutes or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use;

(c) a warning that infant milk substitutes or infant food is not the sole source of nourishment of an infant;

(d) the instructions for its appropriate preparation and a warning against (he health hazards of its inappropriate preparation;

(e) the ingredients used;

(f) the composition or analysis;

(g) the storage conditions required;

(h) the batch number, date of its manufacture and the date before which it is to be consumed, taking into account the climatic and storage conditions of the country;

(i) such other particulars as may be prescribed.

(2) No container or label referred to in, sub-section (1) relating to 1 [infant milk substitute or infant food] shall--

(a) have pictures of an infant or a woman or both; or

(b) have pictures or other graphic material or phrases designed (o increase the saleability of 1 [infant milk substitute or infant food] or

(c) use on it the word "humanised" or "maternalised" or any other similar word; or

(d) bear on it such other particulars as may be prescribed.

1. Substituted for "infant milk substitute" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).


Section 7. Educational and other materials relating to feeding of infants to contain certain particulars

(1) 1 [Every educational or other material including advertisements or material relating to promotion of infant milk substitutes, feeding bottles and infant foods], whether audio or visual, dealing with pre-natal or post-natal care or with the feeding of an infant and intended to reach pregnant women or mothers of infants shall include clear information relating to--

(a) the benefits and superiority of breast-feeding;

(b) the preparation for, and the continuance of, breast-feeding;

(c) the harmful effects on breast-feeding due to the partial adoption of bottle feeding;

(d) the difficulties in reverting to breast-feeding of infants after a period of feeding by infant milk substitute;

(e) the financial and social implications in making use of infant milk substitutes and feeding bottles;

(f) the health hazards of improper use of infant milk substitutes and feeding bottles;

2 [(fa) the date of printing and publication of such material and the name of the printer and publisher;]

(g) such other matters as may be prescribed.

(2) No material referred to in sub-section (1) shall be utilised to promote the use or sale of infant milk substitutes for 3 [feeding bottles or infant foods].

1. Substituted for "every educational or other material" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

2. Inserted by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).

3. Substituted for "feeding bottles" by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003).


Section 8. Health care system

(1) No person shall use any health care system or the display of placards or posters relating to, or for the distribution of, materials for the purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods:

Provided that the provisions of this sub-section shall not apply to--

(a) the donation or distribution of informational or educational equipment or material made in accordance with the proviso to clause (b) of section 5; and

(b) the dissemination of information to a health worker about the scientific and factual matters relating to the use of infant milk substitutes or feeding bottles or infant foods along with the information specified in sub-section (1) of section 7.

(2) No person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall make any payment to any person who works in the health care system for the purpose of promoting the use or sale of such substitutes or bottles or foods.

(3) No person, other than a health worker, shall demonstrate feeding with infant milk substitutes or infant foods to the mother of an infant or to any member of her family and such health worker shall also dearly explain to such mother or such other member the hazards of improper use of infant milk substitutes or feeding bottles or infant foods.

(4) No person, other than an institution or organisation, engaged in health care for mothers, infants or pregnant women, shall distribute infant milk substitutes or feeding bottles to a mother, who cannot resort to breast-feeding and who cannot afford to purchase infant milk substitutes or feeding bottles.

(5) An orphanage may purchase infant milk substitutes or feeding bottles at a price lower than their sale price for the purpose of utilising them in the said orphanage.

Explanation.--For the purposes of this sub-section, such purchases shall not amount to an inducement for promoting the use or sale of infant milk substitutes or feeding bottles.

Section 9. Inducement to health worker for promoting use of infant milk substitutes, etc

(1) No person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall offer or give, directly or indirectly, any financial inducements or gifts to a health worker or to any member of his family for the purpose of promoting the use of such substitutes or bottles or foods.

1 [(2) No producer, supplier or distributor referred to in sub-section (/), shall offer or give any contribution or pecuniary benefit to a health worker or any association of health workers, including funding of seminar, meeting, conference, educational course, contest, fellowship, research work or sponsorship.]

1. Substituted by the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003 (38 of 2003). Prior to substitution it read as under :

"(2) Where such person makes any contribution to, or incurs any expenditure on, a health worker, either directly or indirectly, such person and such health worker shall disclose the same to the institution or organisation to which such health worker is attached."


Section 10. Special provision relating to employees of person who produces, supplies, distributes or sells infant milk substitutes, etc

(1) No person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall fix the remuneration of any of his employees or give any commission lo such employees on the basis of the volume of sale of such substitutes or bottles or foods made by such employees.

(2) The employees of such person shall not perform any function which relates to educating a pregnant woman or mother of an infant on pre-natal or post-natal care of the infant.

Section 11. Standards of infant milk substitutes, feeding bottles or infant foods

(1) No person shall sell or otherwise distribute any infant milk substitute or infant food unless it conforms to the standards, specified for such substitute or food under the Prevention of Food Adulteration Act, 1954 (37 of 1954) and (he rules made thereunder and the container thereof has the relevant Standard Mark specified by the Bureau of Indian Standards established under section 3 of the Bureau of Indian Standards Act, 1986 (63 of 1986) to indicate that the infant milk substitute or infant food conforms to such standards:

Provided that where no standards have been specified for any infant milk substitute or infant food under the Prevention of Food Adulteration Act, 1954 (37 of 1954), no person shall sell or otherwise distribute such substitute or food unless he has obtained the approval of the Central Government in relation to such substitute or food and the label affixed to the container thereof under the rules made under that Act.

(2) No person shall sell or otherwise distribute any feeding bottle unless it conforms to the Standard Mark specified by the Bureau of Indian Standards referred to in subsection (1) for feeding bottles and such mark is affixed on its container.

Section 12. Powers of entry and search

(1) Any Food Inspector appointed under section 9 of the Prevention of Food Adulteration Act, 1954 (37 of 1954) (hereinafter referred to as the Food Inspector) or any officer not below the rank of a Class I officer authorised in this behalf by the State Government (hereinafter referred to as authorised officer) may, if he has any reason to believe (hat any provision of section 6 or section 11 has been or is being contravened, enter and search at any reasonable time any factory, building, business premises or any other place where any trade or commerce in infant milk substitutes or feeding bottles or infant foods is carried on or such substitutes or bottles or foods arc produced, supplied or distributed.

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far may be, apply to every search or seizure made under this Act.

Section 13. Power to seize infant milk substitutes, etc., or containers thereof,

(1) If any food inspector or authorised officer has reason to believe that in respect of any infant milk substitute or feeding bottle or infant food or container thereof, the provisions of this Act have been or are being contravened, he may seize such substitute or bottle or food or container.

(2) No such substitute or food or bottle or container shall be retained by any food inspector or authorised officer for a period exceeding ninety days from the date of its seizure unless the approval of the District Judge, within the local limits of whose jurisdiction such seizure has been made, has been obtained for such retention.

Section 14. Confiscation

Any infant milk substitute or feeding bottle or infant food or container thereof, in respect of which any provision of this Act has been or is being contravened, shall be liable to confiscation:

Provided that where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or control any such substitute or bottle or food or container is found is not responsible for the contravention of the provisions of this Act, the court may, instead of making an order for the confiscation of such substitute or bottle or food or container, make such other order authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think fit.