The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply, and Distribution) Act, 1992.
The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply, and Distribution) Act, 1992, commonly referred to as the IMS Act, is a legislative framework established in India to regulate the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods. The Act comprises 26 sections and aims to safeguard the health and nutrition of infants.
Key Definitions
Infant : Section 2(j) defines an "infant" as a person not below the age of 6 months and not more than 2 years old.
Health Care System : Section 2(d) defines the "health care system" as any institution or organization, either directly or indirectly, engaged in health care for mothers, infants, or pregnant women. This includes health workers in private practice, pharmacies, drug stores, and any associations of health workers.
Health Worker : Section 2(e) defines a "health worker" as a person engaged in health care for mothers, infants, or pregnant women.
Infant Food : Section 2(f) defines "infant food" as any food marketed or represented as a complement to mother's milk to meet the growing nutritional needs of the infant from the age of six months up to two years.
Infant Milk Substitute : Section 2(g) defines "infant milk substitute" as any food marketed or represented as a partial or total replacement for mother's milk for infants up to the age of two years.
Limitations on Advertising and Promotion
Advertising Restrictions : Section 3 prohibits the advertisement or participation in the publication of any advertisement for the distribution, sale, or supply of infant milk substitutes, feeding bottles, or infant foods. It also prohibits creating an impression or belief that these products are equivalent to or better than mother's milk and participating in their promotion.
Prohibition of Samples and Gifts : Section 4 prohibits the supply or distribution of samples of infant milk substitutes, feeding bottles, or infant foods, and gifts of utensils or other articles. It also forbids contact with any pregnant woman or the mother of an infant to promote these products and offering any inducement to promote their use or sale.
Regulations on Labeling and Packaging
Labeling Requirements : Section 6 mandates that all containers or labels of infant milk substitutes or infant foods must display an "important notice" in clear, conspicuous, and easily readable language. The label must include:
- A statement that "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.
- A warning that these products are not the sole source of nourishment for an infant.
- Instructions for appropriate preparation and warnings against health hazards of inappropriate preparation.
- Information on ingredients, composition, storage conditions, batch number, date of manufacture, and expiration date.
Prohibited Label Content
The Act prohibits containers or labels from displaying pictures of infants or women, graphic material, or phrases designed to increase the sale of infant milk substitutes or infant food. Terms like "humanised" or "maternalised" are also banned.
Production and Distribution Standards
Conformance to Standards : Section 11 states that no person shall sell or distribute any infant milk substitute or infant food unless it conforms to the standards specified under the Prevention of Food Adulteration Act, 1954, and bears the relevant Standard Mark from the Bureau of Indian Standards. In the absence of specified standards, approval from the Central Government is required.
Enforcement and Penalties
Authorities : Section 12 designates food inspectors appointed under the Food Adulteration Act, 1954, and Class I officers appointed by the state government as the competent authorities. They are empowered to enter and search any premises involved in the trade, production, supply, or distribution of these products.
Confiscation and Penal Provisions
Sections 14 and 15 provide for the confiscation of products that contravene the Act, with an option for the owner to pay a cost in lieu of confiscation. Section 20 outlines penalties for contraventions, including imprisonment up to three years, fines up to five thousand rupees, or both.
Offences by Companies
Sections 21 and 22 state that if a company commits an offence, the director, manager, and secretary are held liable unless they prove that the offence was committed without their knowledge or despite exercising due diligence to prevent it.
Conclusion
The IMS Act of 1992 is a critical piece of legislation aimed at protecting the interests and health of infants. By regulating the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods, the Act ensures that infants receive proper nutrition and safeguards against misleading advertising and unsafe products.