INFANT MILK SUBSTITUTES

Item

Title
INFANT MILK SUBSTITUTES
extracted text
CH l.fc
THE GAZETTE OF INDIA
EXTRAORDINARY
Part-II - S'Ctio--!
PUBLISHED BY AUTHORITY
New Delhi Wednesday, December, 30, 1.992/PAUSA 9, 1994

Separate paging is given to this Part in order that it may
be filed as a separate compilation

MINISTRY OF LAW, JUSTICE, AND COMPANY c.FFAlRS
(Legislative Department)
New Delhi, the 30th December, 1992/Pausa9,1914 (s\KA)

The following Act of Parliament received the assent of the
President on the 29th December, 1992, and is hereby published fcr
general information:THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS
(REGUT ATWN OK PRC.nnrTION, SUPPLY AND DISTRIBUTION} ACT, 1992

NO. 41 Of 1992

(29th December,1992)
An Act to provide for the regulation of production, supnly
and distribution of infant milk substitutes, feedinc hotties 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 Forty-third Year of the
■Republic of India as follows:-

1.

(1)

(2)
(3)

2.

This act may be called the infant Milk
Short title
Substitutes, Feeding Bottl-s and Infant
extent and
foods (Regulation of Production, Suonly
cou->onca_
and DistribJtio")
'9Q2.
ment.
It 'xtc'<3s to the whole of India.
It
come into force on such date as
Central Government may, by notification
in the Official Gazette ap oint.

.In this Act, unless the context otherwise
reguires -

Definations

(a) "advertisement" includes any notice, circular
label wrappex and other documents and also includes
any visible representation of announcement made by
means of any light, sound, smoke or gasture.
(b) "container" means a box, bottle, casket, tin,
can, barrel, case, tube, receptacle, sack, wrapper
or other "thing in which" any infant milk substi­
tute, feeding bottle or in is placed or packed for
for sale or distribution;
(c)
"feeding bottle" means any bottle or recep­
tacle used for the purpose of feeding infant milk
substitutes, and includes a tent and valve attached
or capable of being attached to such bottle or
receptacle;
(d)
"health care system" means an institution or
orga isation engaged, either directly or indirectly
In health care for mothers. Infants or pregnant
women, and includes a health worker in private
■practice, but does not include a pharmacy or drug
stooe;

2
(e)
"health worker" means a person engaged in health care for
mothers, infants or pregnant women;
(f)
"infant fond" means any food (by whatever name called)
beino marketed or otherwise represented as a complement to
moth-r's milk to meet the qrowinn nutritional n nds of the
infant after the aoe of four months;
(a)
"Infant milk substitute" means any food hninn marketed
or oth rwis° revs "t-d as a partial or total r-nlac-^i' nt for
moth-r's milk wh'-th-r or not it is suitable for such renlacement;
(h)
"tab'1" means a disoly of written marked, stamped, printed
or graphic matt r affixed to, or appearing upon, any container;
(1)
"prescribed" means prescribed by rules made under this Act.

2.

Any reference in t as Act to any oth.r enactment or any provi­
sion 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 correspondr-ing law, df the relevant provision
of the corresponding law, if any, in force in that area;

3.
No person shall Certain
(a)
Advertise, or take part in the publication of any ■
Prohibi tiadvertisement, for the ditribution, sale or supply of infant
ons in rela­
milk substitutes or feeding bottles; or
tion to in­
(b)
give an impression or create a belief in any manner
fant milk
that feeding of infant milk substitutes is equivalent to,
substitutes,
or better than, mother's milk; or
feeding
(c)
take part in the promotion of use or sale of Infant
bottles and
milk substitutes or feeding bottles or infant foods other­
infant foods.
wise than in accordance with the provisions of this Act.

4.
No person shall I’rohi bi(a)
supply or distribute samples of infant milk substi­
t jon of
tutes or feeding bottles or gifts or utensils or other
i nrent 1ves
articles; or
for the
(b)
contact any prennnnt woman or the mother of an
use of sale
infant; or
of infant
(c)
offer indue ■"•rt of any other kind.
"i Ik s 'bstil.ut s on
'for the ourpos- of oromotinn th' "S'* or sal-’ of infant
f ■ dine
milk snbstitut'-s or fading hottl-s.
bot tles.
5.
IXHbl t J OliS

Jubject to the provisions of sub-section(4) of section 8,
person shall donate or distribute-

of infant
milk sub­
stitutes or
feeding
bottles or
equipment or
materials
relating
thereto.
6.
(1)
Informa­
tion on
con i.liners
an-! tables
of infant
milk substi• ••
■ i■ r
i

no

(a)
infant milk substitutes or feeding bottles to any
other person except to an orphanage;
(b)
any informational or educational equipment or material
relating to infant milk substitutes or feeding bottles;
Provided that nothing in this clause shall apply to the
donation or distribution, sbject in such conditions end
restrictions as may be prescribed, of such equipment or
material through the health cure system.

Without prejudice to the provisions of the prevention of
Food Adulteration Act, 1954 and the rules made thereunder,
no person shall produce, suppy or distribute any infant
milk substitute or infant food unless ev.ry container there­
of or any label affixed thereto indication in a clear, conspicuusand in an easily readable and understandable manner,
the words "Important notice" in capital letters in such
1 ■■■■,■• ■
•>,
i
nr scribed and indic-finn th- rounder

3
(a)
a statement "mother's milk is best for your baby" in
capital letters;
(b) a statement that infant milk substitute or infant food
should be used only on the advice of a health worker as to the
need for its use and the oroper method of its use;
(c)
a warning that inf nt milk substitute or infant, food is
not the sole source of nouris ment of an infant;
(d)
tie instructions for its appropriate preparation and a
warning against the health hazards of its inappropriate pre­
paration;
(e)
the ingredients used;
(f)
t'e composition or analysis;
(g)
the storage conditions required:
(h)
the batch number, date of its mam-fact"re and the date
before which it is to he consumed, taking .in to account the
climatic and storage conditio-s of th- country;
(i)
such oth-r partic ilars as may h- nr-scribed.

(2) No contain, r or labln referred to in subs ction
to infant milk substitute shall-

(i ) relating

(a) have pictures of an infant or a woman or both; or
(b) have pictures or other graphic material or phrases
designed to increase the saleability of infant milk
substitute; or
(c) use on it the word "humanised" or"malernalised" or
any other similar word; or
(d) bear on it such other particulars as may be prescribed
7.
:-,duc<itionul and
other

r:i- it er in Is
relating
in feedi ng of
inf -nts

tc contajjes
CiWfiin
;■> irt icu1-irs.

(1) Every educational or other material, whether audio or
visual, dealing with pre-matal or post-metal care or with the
feeding of an infant and intended to reach pregnant women or
mothers of infants shall in-clude clear information rotating te­
al
b)

c)

d)
e)

f)
g)

the benefits and superiorty of breast-feeding;
the preparation for, and the continuance of, breast .
feeding;
the
harmful effects on breast-feeding due to the
patient adoption of bottle feeding;
the difficulties in reverting to breast-feeding to
infants after a period of feeding by infant milk substitute
the financiil and social imnlications in making use of
infant milk substitute and feeding bottles;
the health hazards of improper use of infant milk sub­
stitute and feeding bottles;
such other matters as may lie prescribed.

(2)
No mate ial r ferr-d to in sub-section(1) shall be utilised
to promote the -is* or sal-c of infant milk substitutes or feedi ng bott1-s.

Con td

4

4
8.
Health
Car e
system

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

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

the donation or distribution of information or educatio­
nal 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 s bstitutesor bottles or foods.

(3)
No p'rson. oth-r than a health worker, shall d -monstrat
feeding with infant milk substitutes or infant foods to a
mother or an infat or to any m mber of her family and
such health worker shall also cl'.arly 'xnlain to such mother
or such other member th' hazards of improper us
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 feedihg
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 substitute or
feeding bottles at a price lower than their sale price for
the purpose of utilising them in the sab orphanage.
Contd

Sec.11

5

-

THE GAZETTE OF INDIA EXTRAORDINARY

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.

9.(1)
No person who produces, supplies, distributes or
sells infant milk substitues or feeding bottles or Inducement
infant foods shall offer or give, directly or
to health
indirectly, any financial inducements or kills to a
worker for
health worker or to any member offhis family for
promoting
the purpose of promoting the use of such substi­
tihe of
infant milk
tutes or bottles or foods.
s ubst it utes
(2)
Where such person makes any contribu­
etc.
tion to, or incurs any expenditure on, a health
Special
worker, either directly or indirectly, such person provis ion
relating to
and such health worker shall disclose the same to
employees
the institution or organisation to which such
of person
health worker is attached.
who produces
supplies,
10.(1)
No person who produces, supplies,
distributes
distributes or sells infant milk substitutes or
or sells
feeding bottles or infant foods shall fix the
remuneration of any of his employees or give any
infant milk
substitutes
commission to such employees on the basis of the
volume of sale of such substitutes or bottles or
etc.
foods made by such employees.

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

3 7 of
105-1

63
of
1986

3 7 of
1954

11(1)
No person shall sell or otherwise
distribute any infant milk substitutes or
infant food unless it conforms to the standards,
specified for such substitute or food under the
Prevention of Food Adulteration Act, 1954, and
the rules made thereunder and the container there­
of has the relevant standard mark specified by
the Bureau of Indian Standards established under
Section 3 of the bureau of Indian Standards Act,
1986 to indicate that the infant milk substitute
or infant fooddconforms to such standards.

Standard of
infant milk
substitutes,
feeding
bottles or
infant
f oods .

Provided tli.it where no standards have
been specified for any infant milk substitute
or infant food under the Prevention of Food
Adulteration Act, 1954, no parson shall sell or
otherwise distribute such substitute or food
unless he has obtained the approval of the
Central Government in relation to such substi­
tute or food and the label allixed 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
sub-section (1) for feeding bottles and such
mark is allixed on its container.

3 7 of
1954

12.(1)
Any food ins poet d>r appointed under
Powers of
section 9 of the Prevention of Food Adulteration
ent ry and
Act 1954 (hereinafter referred to as the food
search.
inspection) or any officer not below the rank
of a Class 1 Officer authorised in this behalf
by the State Government (hereinafter referred
to as the authorised officer) may, if he has
(Contd
6)
any reason to believe that any provision of

THE GAZETTE OF INDIA EXTRAORDINARY.

(Part II,

SECTION 6 or section 11 has been or is being
contravened, enter and search of anyreasonable '
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 are produced, supplied or
distributed.
(2)
The provisions of the Code of Criminal
Procedure, .1973. relating to searches and seizures
.1974
shall, so far as may be apply to every search or . .
seizure made under this Act.
lower-to
13.(1)
If any food inspector or authorised officer
seize infahas reason to believe that ’in. respect of any infant
nt milk
- milk substitute or feeding' bottle or infant food or
substitutes,
container thereof, the provisions of this Act have
etc., or
been or arc being contravened,, he may seize-such
containers
substitute or. bottle, tn nd or container".
thereof..
(.2)
No such substitute, or food or bottle or contaiher shall be retained by any food inspector or. auth­
orised officer for a period exceeding ninety days
from the date of its- seizure .unless the approval or
the District Judge, within-’the' local limits -of whose
jurisdiction such seizure has "been made, has.been ,
obtained for such retention■ '
14.”
Any infant milk substitute or feeding- bottle or
Confisinfant food or container thereof, in respect o
cation.
which any provision of this ,Z>ct has been or is
e g
contravened, shall be liable t.o confiscation.
satl^tI"yJd,'’<1 •-,wU whit -is established to the
tint thn”n°:i"0" !!,c fourt adj udging the confiscation
any -ur-b
111
possession, power or contrail
/omul
flute or bottle, or food or container is
Piovision”nn^rIb’?On’:iblf!'£or tho contravention of the
this-Act-, the court may, ■ instead of
to
i rd°r f°r the confiscation.of such substituordor
°r ,food /!>r '’-ontainer, make such-other
of the hr' r>1Ser
this-Act against the person guilty
’ think f-i tuac 1' of the-provisions fof this Act as it may

Power for
give op­
tion to
Pay cost
in lieu
of confis
cat ion.

Act
uvel Any confiscation- is authorised by this
ditionJC c°urt adjudging it may, subject to such-conthe conf^J"^ ° specified in the order adjudging
to Dav ir 5-Atron.,gatch to the owner thereof an-option
dine i h- '
Of confis<-.atipn such cost-not excee- .
dine boM-Va U<(
infant milk substitute or feerc-spect nr' i°* j" n- '-nt.-food or container therc-rnf in
the ennv-h
tflQ confiscation is authorised as
<-nu court thinks fit,.
•

•>z^r,1 p-jymc-nt or the cost ordered by the court the
corfr'i* l:i1" . ■' :|!’-'-,t.i i:utc- or feeding bottle food or
,. * a^n,-r shall be ’returned to the person from whom
0,1 the • condi tipn that such person
'of'making <iny dishribut ion, sale nr supply
or bottle or food or container, give
uct co the-provisions, of this Act.
not
to inter- undriscation made or cost ordered to be paid
confiscation
(16)
•
l<rt; with
nor, whlS Act 3,1nlJ prevent the infliction of any
■ >th<.-r punish- Ji . j
1:0 which I he' person affected thereby is
ihuiils.
.
‘-•under the provisions of this Act or under
any other lew..

THE GAZETTE OF INDIA EXTRAORDINARY

5 of
1908

LOCAL LIMITS OF V.'HCGE jurisdiction such confiscation
has been made or costs have been ordered to be paid, as the
case may be:
(b) subject to such limits as may be spool find by
the Central Governmamt in t lis behalf, by such other
court, not below a civil court having pecuniary juris­
diction exceeding five thousand rupees, as the Central
Govt, may, by notification in the Official Gazette,
authorise in this behalf.
Giving
(18) (1)
No order adjudicating confiscation or direc­
of opp­
ting payment of costs shall be made unless the owner of
ort un i the infant milk substitute or feeding bottle or infant
ty to
food or container thereof has been given a notice in
the
writing informing him of the grounds on which it is
owner
proposed to confiscate such substitute or bottle or food of the
or container and giving him a reasonable opportunity of seized
making a representation in writing within such, reasona­
infant
ble time as may bo specified in the notice, against the milk
confiscation and if ho so desires, of being heard in
s ubst ithe matter:
tute or
Proiided that where no such notice is given with- feeding
in a period of ninety days from the date of the seizure Bottle
of the infant milk substitute or feeding bottle or infa- or infa­
nt food or container thereof, such substitute or bottle nt food
or food or container shall be- returned after the expiry or conof that period to the person from whose possession it
tainer
was seized.
'
thereof.
(2)
Save as otherwise provided in sub-section (1),
the provisions of the Code of CJvi.l Procedure, 1903,
shall, so far as may be, apply to every proceeding
referred to in sub-section (1)

(19) 1.
Any person aggrieved by any decision of the
court, adjudicating a confiscation or ordering the payme-r
nt of costs may prefer an appeal to Lin court Lo which
an appeal lie: from the decision of such court.
(2)
Th: appellate court may, after giving the
appellant an opportunity of being heard, pass such order
as it thinks fit confirming, modifying or revising the
decision or order appealed against or may send back the
case with such directions as it may think fit for a fresh
decision or adjudication, as the case may be, after taking
additional evidence if necessary:
Provided that an other enhancing any fine in lieu
of confiscation or for confiscating goods of greater value
shall not be made under this section unless the appellant
has had an opportunity of making a represent.it ion and if
he so desires of being heard in his defence.

(3)
No further appeal shall lie against the order
of the court made under sub-section (2).

20.(1)
Any person who contravenes the provisions of
Section 3,'1,5, 7, 8, 9, 10 or sub-section (2) of section 11
shall be punisliable with imprisonment for a term which
may extend to five thousand rupees, or wit.ii both.

Penalty

(2)
Any p--i.su>ii who c<>nl i avoiu-s th..- piovirions of
section 6 ar sub-section (1) of section 11 shall be
puhishablc with imprisonment for a term which shall not
be loss than six months but which may extend to three
years and with Line which shal1 not be loss than two
thousand rupees;

Provided that the court may, for any adequate and sp
special reasons to be mentioned in the judgment impose
a sentence of imprisonment for a term which shall not be
less than three months but which may extend to two years
(Contd...8.)

THE GAZETTE OF INDIA EXTRAORDINARY

to two years and with fine which shall not be less than
one thousand rypees.

Cogniz­
ance of
of fence

21. (1) Save as otherwise provided in section 173 of the
Code of Criminal Procedure, 1973, no court shall take
cognizance of any offence punishable under this Act except
upon a complaint in writing made by(a) a person authorised in this behalf under sub-section
(1) of section 20 of the Prevention of Food Adulteration
Act, 1954., or
(b) an officer not below the rank of a Class I officer
authorised in this behalf, by general or special order,by
the Government; or

(c) a representative of such voluntary organisation
engaged in the field of child welfare and development and
child nutrition as the Government may, by notification in the
Official Gazette-; authorise in this bahlf.
(2) Where a complaint has been made by a representative
of the voluntary organisation authorised under clause (c)
of sub-section(1) and the court has issued a summons or, as
the case may be a warrant under sub-section (1) of section
201 of the Code of Criminal Procedure,1973, the "ssistant
Public Prosecutor for that court shall take charge of the
case and conduct the prosecution.
,f£ ,
3.
( < ences
ny com
panics.

(22) (1^ Where an offence under this Act lias been
committed by a company, every person who, Alt the time the
offence was committed, was in charge of, and was responsible
to Lji)2 company for tjle conduct of the business of the company
as well as the company, shall be deemed to be guilty of the
offence a nd shall be liable to be proceeded against and
punished accordingly,

Provided that noting contained in this sub-section shall
render any such person liable to any punishment, if he
proves that the offence was committed without his knowledge
or that he had excerised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-«-section(1 ),
where any offence under this Act has been committed by a
4
company and it is proved that the offence has been committed with
the consent or connivance of,or is attributable to any neglect
on the part of,any director, manager,secretary or other officer
r
..ctor,manager; secretary or other officer
of the company, such dir.
'
J
J
shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Explanation-For the purposes of this section:(a) "Company" means any body porixirate a nd .includes a firm
a other association of individuals; and
(b) "director", in relation to a firm, means a partner in
the fi rm.
fence';
Not'wi i-hstand i ng anything dontoained in the Code of
J’,!1'- cJ‘jni.,a-Criminal Procedure, 1973, an offence punishable under this
5U£bW?c. " Act shall bc(a) Bailable;
(b) cognizable.

C«emd-j « . 11

-9-

24. !Jo suit, prosecution or other legal proceeding shall Protec­
lie against the Central Government or any State Government or atton cf
any officer of the Central Government or of any State.iGcvernment. e?
for anything which is in good faith done or intended to be done .a n ..-^er lu.s ?
m gooc
faith.
25. The provisions of this Act or the rules made there
Applica­
under shall be in addition to, and not in derogeticn cf the
tion cf
Prevention of Food Adulteration Act, 1954, or the rules made
Act 37
thereunder.
of 1954
not barred
(1)
26.
The Central Government may,by notification in the
Official Gazette> make rules to carry out the provisions of this
Act.

(2) In particular,and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of
the following matters, namely

(a) the conditions and restrictions subject to which
educational equipment and other material may be donated or
distributed under the proviso to clause (be) of section 5;
(b) the langua ge in which the notice and other particulars
shall be indicated under sub-section (1) of section 6;
(c) the particulars which are tc be indicated under
clause (i) of subT-section (1) of section 6;

(d) the particulars which a container or label shall not
bear under clause '■d) of sub-section (2) of section 6;
(e) the matters to be included in the information which
re5ches p regnant women or mothers of infants under clause(g)
of sub-section Q) or section 7;
(f) any other matter which is required
prescribed.

to be or may be

(3) Every rule made under this Act shall be laid, as soon as may
be after it is made, before each house cf Parliament,while it is
in session for a total period of thirty days which may be
comprised in one session -or in twolor-nrre successive sessions,
and if, before the expiry or the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both House
agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annualment shall be without prejudice to the validity of anything
previously done under that rule.

K.L.MOHAEPURIA,
Secy.to the Govt of India.
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