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

Summary of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Objective Regulates the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods to promote breast-feeding and ensure safe use of infant foods.
Key Regulations
1. Marketing Restrictions: - Advertisements: Prohibited.
• Promotions & Incentives: Banned, including samples and gifts.
• Donations: Restricted, mainly to orphanages.
2. Labeling Requirements: - Clear Warnings: Mandatory on packaging.
• Educational Content: Highlighting benefits of breast-feeding and risks of substitutes.
3. Healthcare System Involvement: - Promotion Ban: Through healthcare channels.
• Payment Prohibition: To healthcare workers for promotions.
4. Employee Practices: - Commission Ban: On sales of these products.
• Role Restrictions: In infant care education.
Quality, Enforcement, and Penalties
1. Quality Standards: - Compliance with Food Safety and Standards Act, 2006.
2. Enforcement Powers: - Search, Seizure, and Confiscation.
• Penalties:
• Imprisonment.
• Fines, varying by offense severity.
Administrative and Judicial Provisions
1. Adjudication and Appeal Processes.
2. Offences and Liability: - Cognizable and Bailable Offences.
• Corporate Liability.
3. Rule Making and Protection: - Central Government Empowerment.
• Good Faith Protection.
Relevant Amendments
• 2003: Enhanced prohibitions and penalties.
• 2006: Alignment with Food Safety and Standards Act, 2006.

Legislative History:

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

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

Act Number 41 of 1992

Act ID (India Code) 199241

Presidential Assent Date December 29, 1992

Enforcement Date August 1, 1993

Nodal Ministry Ministry of Women and Child Development

Precedent & Historical Rationale

1. Protection of Breastfeeding and Child Health:

o Prior to 1992, aggressive and often misleading marketing and promotional practices by manufacturers of infant milk substitutes and feeding bottles discouraged breastfeeding, directly contributing to infant malnutrition, morbidity, and mortality.

2. Implementation of International Code:

o To give effect to the International Code of Marketing of Breast-milk Substitutes adopted by the World Health Organization (WHO) and UNICEF, India recognized the urgent need for a stringent statutory mechanism to prohibit harmful advertising, regulate product standards, and ensure safe infant nutrition practices.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Central Government to completely ban the advertisement of infant milk substitutes and feeding bottles, and to regulate their production, supply, and distribution to protect infant health.

• Parliamentary Passage: Introduced, reviewed, and passed by both Houses of Parliament during the Monsoon Session of 1992.

• Presidential Assent: Received Presidential Assent on December 29, 1992.

• Enforcement: Enforced on August 1, 1993.

• Source: Official Records of Parliament, India Code, and Ministry of Women and Child Development.