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

(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 date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- 1[(a) "advertisement" includes any notice, circular, label, wrapper or any other document orvisible representation or announcement made by means of any light, sound, smoke or gas or by meansof electronic transmission or by audio or visual transmission;] (b) "container" means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapperor other thing in which any infant milk substitute, feeding bottle or infant food is placed or packed forsale or distribution; (c) "feeding bottle" means any bottle or receptacle used for the purpose of feeding infant milksubstitutes, and includes a teat and a valve attached or capable of being attached to such bottle orreceptacle; (d) "health care system" means an institution or organisation engaged, either directly orindirectly, in health care for mothers, infants or pregnant women, and includes a health worker inprivate 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 pregnantwomen; (f) "infant food" means any food (by whatever name called) being marketed or otherwiserepresented as a complement to mothers milk to meet the growing nutritional needs of the infant3[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 partialor 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, orappearing 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 personto 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 anarea in which such enactment or such provision is not in force, be construed as a reference to thecorresponding law or the relevant provision of the corresponding law, if any, in force in that area.

No person shall-- (a) advertise, or take part in the publication of any advertisement, for the distribution, sale orsupply 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 substitutesand 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.]

4. Prohibition of incentives for use or sale of infant milk substitutes or 1[feeding bottles or infantfoods].--No person shall-- (a) supply or distribute samples of infant milk substitutes or 1[feeding bottles or infant foods] orgifts 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].

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 anorphanage; (b) any informational or educational equipment or material relating to infant milk substitutes or1[feeding bottles or infant foods]: Provided that nothing in this clause shall apply to the donation or distribution, subject to suchconditions and restrictions as may be prescribed, of such equipment or material through the healthcare system.