Section 1 in The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992

Title: Short title, extent and commencement

Description: (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. 1st August 1993, vide notification No. G.S.R. 527(E), dated 31st July, 1993, see Gazette of India, Extraordinary, Part I, sec. 3(i).

Title: Definitions

Description: 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 thing 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 attached 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 mothers 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 mothers milk 4[for infant up to the age of two years]; (h) "label" means a display of written, marked, stamped, printed or graphic matter 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, in force in that area. 1. Subs. by Act 38 of 2003, s. 2, for clause (a) (w.e.f. 1-11-2003). 2. Subs. by s. 2, ibid., for "but does not include a pharmacy or drug store" (w.e.f. 1-11-2003). 3. Subs. by s. 2, ibid., for "after the age of four months" (w.e.f. 1-11-2003). 4. Subs. by s. 2, ibid., for ", whether or not it is suitable for such replacement" (w.e.f. 1-11-2003). 5. Ins. by s. 2, ibid. (w.e.f. 1-11-2003).

Title: Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods

Description: No person shall— (a) advertise, or take part in the publication of any advertisement, for the distribution, sale or supply of infant milk substitutes 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. Subs. by Act 38 of 2003, s. 3, for "or feeding bottles" (w.e.f. 1-11-2003). 2. Subs. by s. 3, ibid., for "infant milk substitutes is" (w.e.f. 1-11-2003). 3. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-11-2003).

Title: Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles

Description: 4. Prohibition of incentives for use or sale of infant milk substitutes or 1[feeding bottles or infant foods].--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 or 1[feeding bottles or infant foods]. 1. Subs. by s. 4, ibid., for "feeding bottles" (w.e.f. 1-11-2003).

Title: Donations of infant milk substitutes or feeding bottles or equipment of materials relating thereto

Description: 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 to 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. Subs. by s. 5, ibid., for "feeding bottles" (w.e.f. 1-11-2003).

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992