Home > INFANT MILK SUBSTITUTE, FEEDING BOTTLES AND INFANT FOODS (REGULATIONS OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT 1992 AND AMENDED ACT 2003

INFANT MILK SUBSTITUTE, FEEDING BOTTLES AND INFANT FOODS

(REGULATIONS OF PRODUCTION, SUPPLY AND DISTRIBUTION) ACT 1992 AND AMENDED ACT 2003

• The Act was promulgated with a view to protecting and promoting breast-feeding and ensuring proper use of infant foods by regulating production, supply and distribution of infant foods, infant milk substitutes and feeding bottles.
• As per the Act, Infant food means any food being marketed or represented as a complement to mother’s milk to meet the growing nutritional needs of the infant after the age of six months and up to two years

Important Provisions of the Act:

• It prohibits advertisement and publicity for distribution and sale of infant food / milk substitutes
• Not to give impression by any manner that feeding of infant milk substitutes is equivalent to or better than mother’s milk
• No person shall take part in promotion of use or sale of infant milk substitutes or infant foods otherwise than in accordance with the provisions of the Act
• Prohibits donation of any infant foods or infant milk substitutes or feeding bottles to any person, except to an orphanage

“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
[after the age of six months and up to the age of two years].

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 milk substitutes [feeding bottles or infant foods]; or
(b) give an impression or create a belief in any manner that feeding of [infant milk substitutes and infant foods are] equivalent to, or better than, mother’s milk; or
(c) take part in the promotion of infant milk substitutes, feeding bottles or infant foods.

Prohibition of incentives for use or sale of infant milk substitutes or [feeding bottles or infant foods]:

No person shall—
(a) supply or distribute samples of infant milk substitutes or [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 [feeding bottles or infant foods].

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

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 statement “mother’s milk is best for your baby” in capital letters;
• 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;
• a warning that infant milk substitute or infant food is not the sole source of nourishment of an infant;
• the instructions for its appropriate preparation and a warning against the health hazards of its inappropriate preparation;
• the ingredients used;
• the composition or analysis;
• the storage conditions required;
• 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;
  • such other particulars as may be prescribed.
  • No container or label referred to in sub-section (1) relating to [infant milk substitute or infant food] shall—
    • have pictures of an infant or a woman or both; or
    • have pictures or other graphic material or phrases designed to increase the saleability of [infant milk substitute or infant food]; or
    • use on it the word “humanized” or “materialized” or any other similar word; or
    • bear on it such other particulars as may be prescribed.

Mandatory Declaration on the Package:

Packages or labels clearly bear following statements and instructions for use:

• “MOTHER’S MILK IS BEST FOR YOUR BABY” in capital letters
• Infant foods or infant milk substitutes should be used only on advice of a health worker, as regard need for its use and proper method of use
• A warning that infant food or infant milk substitute is not the sole source of nourishment of an infant     
• The instructions for appropriate preparation and warning against health hazards of inappropriate preparation
• The composition or ingredients used
• Storage conditions required
• Other labelling requirements as per FSS Labelling Regulations

No container or label  shall bear:

• Picture of infant or woman or both
• Picture or other graphic materials or phrases designed to increase sale of infant food or infant milk substitute
• Use the word “humanized” or “ materialized” or such other similar words

Healthcare System

• No person shall use any healthcare system for display of placards or posters for purpose of promoting sale of infant foods / substitutes
• No person except the health care worker shall demonstrate feeding with infant foods/ substitutes to a mother of an infant
• No person other than healthcare workers shall distribute infant foods/substitutes to a mother of an infant who cannot resort to breast feeding or who cannot afford to purchase infant milk substitutes or feeding bottles

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