Section 4 in The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992

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).

Title: Information on containers and labels of infant milk substitutes of infant foods

Description: (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 substitute 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 substitute or infant food is not the sole source of nourishment of an infant; (d) the instructions for its appropriate preparation and a warning against the 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 to 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. Subs. by Act 38 of 2003, s. 6, for "infant milk substitute" (w.e.f. 1-11-2003).

Title: Educational and other materials relating to feeding of infants to contain certain particulars

Description: (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 or 3[feeding bottles or infant foods]. 1. Subs. by s. 7, ibid., for "Every educational or other material" (w.e.f. 1-11-2003). 2. Ins. by s. 7, ibid. (w.e.f. 1-11-2003). 3. Subs. by s. 7, ibid., for "feeding bottles" (w.e.f. 1-11-2003).

Title: Health care system

Description: (1) No person shall use any health care system for 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 a mother of an infant or to any member of her family and such health worker shall also clearly 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.

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