THE INFANT MILK SUBSTITUTES, FEEDING BOTTLES AND INFANT FOODS (REGULATION OF PRODUCTION, SUPPLY AND DISTRIBUTION) AMENDMENT BILL, 2002

a

BILL

to amend the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

BE it enacted by  Parliament in the Fifty-third Year of the Republic of India as follows:—

1. Short title and commencement.-(1) This Act may be called the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2002.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 2.-In section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) (hereinafter referred to as the principal Act),—

(i) for clause (a), the following clause shall be substituted, namely:—

‘(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;’;

(ii) in clause (d), for the words “but does not include a pharmacy or drug store”, the words “a pharmacy, drug store and any association of health workers” shall be substituted;

(iii) in clause (f), for the words “after the age of four months”, the words “after the age of six months and up to the age of two years” shall be substituted;

(iv) in clause (g), for the words “, whether or not it is suitable for such replacement”, the words “for infant up to the age of two years” shall be substituted;

(v) after clause (i), the following clause shall be inserted, namely:—

‘(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.’.

3. Amendment of section 3.-In section 3 of the principal Act,—

(i) in clause (a), for the words “or feeding bottles”, the words “, feeding bottles or infant foods” shall be substituted;

(ii) in clause (b), for the words “infant milk substitutes is”, the words “infant milk substitutes and infant foods are” shall be substituted;

(iii) for clause (c), the following clause shall be substituted, namely:—

“(c) take part in the promotion of infant milk substitutes, feeding bottles or infant foods;”.

4. Amendment of section 4.-In section 4 of the principal Act, for the words “feeding bottles”, at both the places where they occur, the words “feeding bottles or infant foods” shall be substituted.

5. Amendment of section 5.-In section 5 of the principal Act, for the words “feeding bottles”, at both the places where they occur, the words “feeding bottles or infant foods” shall be substituted.

6. Amendment of section 7.-In section 7 of the principal Act,—

(a) in sub-section (1),—

(i) for the words “Every educational or other material”, the words “Every educational or other material including advertisements or material relating to promotion of infant milk substitutes, feeding bottles and infant foods” shall be substituted;

(ii) after clause (f), the following clause shall be inserted, namely:—

“(fa) the date of printing and publication of such material and the name of the printer and publisher;”;

(b) in sub-section (2), for the words “feeding bottles”, the words “feeding bottles or infant foods” shall be substituted.

7. Amendment of section 9.-In section 9 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:—

“(2) No producer, supplier or distributor referred to in sub-section (1), shall offer or give any contribution or pecuniary benefit to a health worker or any association of health workers, including funding of seminar, meeting, conference, educational course, contest, fellowship, research work or sponsorship.”.

8. Amendment of section 20.-In section 20 of the principal Act, for the word and figures “section 11”, at both the places where they occur, the words and figures “section 11 and the rules made under section 26 of the Act” shall be substituted.

9. Amendment of section 24.-In section 24 of the principal Act, after  the words  “or of any State Government”, the words, brackets, letter and figures “or a representative of such voluntary organisation which is notified under clause (c) of sub-section (1) of section 21” shall be inserted.

STATEMENT  OF  OBJECTS  AND REASONS

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution)  Act, 1992 was enacted with a view to protecting and promoting breastfeeding and ensuring proper use of infant foods. During the course of implementation of the provisions of the enactment over the years, it has been found that some aspects have led to difficulties, which need to be clearly spelt out. The recent developments and findings of international agencies as well as researchers have revealed that ideally, the infant thrives best on exclusive breastfeeding for the first six months of life, as well as continued breastfeeding together with complementary foods for the first two years. The World Health Organisation by World Health Assembly Resolution No. 47.5 dated the 9th May, 1994 called upon all Member Nations to aim at achieving this goal. The said resolution, inter alia, required Member Nations to foster appropriate complementary feeding practices for the infants from the age of about six months and encourage continued breastfeeding as well as proper feeding with safe and adequate amounts of local foods until the infant attains the age of two years.

2. In order to review and suggest appropriate amendments in the said Act, the Department of Women and Child Development constituted a Task Force comprising of representatives from various Ministries and Departments of the Central Government and Voluntary Agencies authorised under section 21 of the Act. The National Commission for Women has also considered the provisions of the Act and suggested certain modifications therein.

3. Taking into consideration the recommendations of the said Task Force and of the National Commission for Women and the difficulties being experienced in the implementation of the provisions of the Act, it has become necessary to amend the existing provisions so as to encourage continued breastfeeding and to prohibit all forms of advertising and promotion—light, sound, smoke or gas or by means of electronic transmission by audio or visual transmission in relation to infant milk substitutes, feeding bottles and infant foods.

4. The Bill seeks to achieve the aforesaid objects.

 

 

New Delhi;                MURLI  MANOHAR  JOSHI.

The 1st February, 2002.

 

ANNEXURE

Extracts from the Infant Milk Substitutes, Feeding Bottles and Infant Foods

(Regulation of Production, Supply and Distribution)  Act, 1992

(41 of 1992)

* * * * *

2. Definitions.-(1) In this Act, unless the context otherwise requires,—

(a) “advertisement” includes any notice, circular, label, wrapper and other documents and also includes any visible representation or announcement made by means of any light, sound, smoke or gas;

* * * * *

(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, but does not include a pharmacy or drug store;

* * * * *

(f) “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 four months;

(g) “infant milk substitute” means any food being marketed or otherwise represented as a partial or total replacement for mother’s milk, whether or not it is suitable for such replacement;

* * * * *

3. Certain prohibitions relating 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 or feeding bottles; or

(b) give an impression or create a belief in any manner that feeding of infant milk substitutes is equivalent to, or better than, mother’s milk; or

(c) take part in the promotion of use or sale of infant milk substitutes or feeding bottles or infant foods otherwise than in accordance with the provisions of this Act.

4. Prohibition of incentive for sale of infant milk substitutes or feeding bottles.-No person shall—

(a) supply or distribute samples of infant milk substitutes or feeding bottles or gifts of utensil 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.

5. Donation of infant milk substitutes or feeding bottles or equipment or materials relating thereto.-Subject to the provisions of sub-section (4) of section 8, no person shall donate or distribute—

(a) infant milk substitutes or feeding bottles to any other person except to an orphanage;

(b) any informational or educational equipment or material relating to infant milk substitutes or feeding bottles:

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.

* * * * *

7. Educational and   other materials relating  to feeding  of infants to contain certain particulars.-(1) Every educational or other material, 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—

* * * * *

(2) No material referred to in sub-section (1) shall be utilised to promote the use or sale of infant milk substitutes or feeding bottles.

* * * * *

9. Inducement to health  worker for promoting use of infant milk substitutes, etc.-(1) * * * *

(2) Where such person makes any contribution to, or incurs any expenditure on, a health worker, either directly or indirectly, such person and such health worker shall disclose the same to the institution or organisation to which such health worker is attached.

* * * * *

20.  Penalty.-(1) Any person who contravenes the provisions of section 3, 4, 5, 7, 8, 9, 10 or sub-section (2) of section 11 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

(2) Any person who contravenes the provisions of section 6 or sub-section (1) of section 11 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than two thousand rupees:

Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not be less than one thousand rupees.

* * * * * *

24. Protection of action taken in good faith.-No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or of any State Government for anything which is in good faith done or intended to be done under this Act.

* * * * *