1. Short title, extent and commencement.—(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 date1
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
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[(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;]
(b) “container” means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapper
or other thing in which any infant milk substitute, feeding bottle or infant food is placed or packed for
sale or distribution;
(c) “feeding bottle” means any bottle or receptacle used for the purpose of feeding infant milk
substitutes, and includes a teat and a valve attached or capable of being attached to such bottle or
receptacle;
(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, 3
[a pharmacy, drug store and any association of health workers];
(e) “health worker” means a person engaged in health care for mothers, infants or pregnant
women;
(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
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[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 partial
or total replacement for mother’s milk 5
[for infant up to the age of two years];
(h) “label” means a display of written, marked, stamped, printed or graphic matter affixed to, or
appearing upon, any container;
(i) “prescribed” means prescribed by rules made under this Act;
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[(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.]
1. 1st August 1993, vide notification No. G.S.R. 527(E), dated 31st July, 1993, see Gazette of India, Extraordinary, Part I,
sec. 3(i).
2. Subs. by Act 38 of 2003, s. 2, for clause (a) (w.e.f. 1-11-2003).
3. Subs. by s. 2, ibid., for “but does not include a pharmacy or drug store” (w.e.f. 1-11-2003).
4. Subs. by s. 2, ibid., for “after the age of four months” (w.e.f. 1-11-2003).
5. Subs. by s. 2, ibid., for “, whether or not it is suitable for such replacement” (w.e.f. 1-11-2003).
6. Ins. by s. 2, ibid. (w.e.f. 1-11-2003).
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(2) Any reference in this Act to any other enactment or any provision thereof, shall, in relation to an
area in which such enactment or such provision is not in force, be construed as a reference to the
corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
3. Certain 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 1
[, feeding bottles or infant foods]; or
(b) give an impression or create a belief in any manner that feeding of 2
[infant milk substitutes
and 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 4
[feeding bottles or infant
foods].—No person shall—
(a) supply or distribute samples of infant milk substitutes or 4
[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 4
[feeding bottles or infant foods].
5. Donations of infant milk substitutes or feeding 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 5
[feeding bottles or infant foods] to any other person except to an
orphanage;
(b) any informational or educational equipment or material relating to infant milk substitutes or
5
[feeding bottles or infant foods]:
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.
6. Information on containers and labels of infant milk substitutes or infant foods.—(1) Without
prejudice to the provisions of 6
[the Food Safety and Standards Act, 2006] 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) a statement “mother’s milk is best for your baby” in capital letters;
(b) 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;
(c) a warning that infant milk substitute or infant food is not the sole source of nourishment of an
infant;
(d) the instructions for its appropriate preparation and a warning against the health hazards of its
inappropriate preparation;
(e) the ingredients used;
(f) the composition or analysis;
(g) the storage conditions required;
1. Subs. by Act 38 of 2003, s. 3, for “or feeding bottles” (w.e.f. 1-11-2003).
2. Subs. by s. 3, ibid., for “infant milk substitutes is” (w.e.f. 1-11-2003).
3. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-11-2003).
4. Subs. by s. 4, ibid., for “feeding bottles” (w.e.f. 1-11-2003).
5. Subs. by s. 5, ibid., for “feeding bottles” (w.e.f. 1-11-2003).
6. Subs. by Act 34 of 2006, for “the Prevention of the Food Adulteration Act, 1954 (37 of 1954)” (w.e.f. 29-7-2010).
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(h) 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;
(i) such other particulars as may be prescribed.
(2) No container or label referred to in sub-section (1) relating to 1
[infant milk substitute or infant
food] shall—
(a) have pictures of an infant or a woman or both; or
(b) have pictures or other graphic material or phrases designed to increase the saleability of
1
[infant milk substitute or infant food]; or
(c) use on it the word “humanised” or “maternalised” or any other similar word; or
(d) bear on it such other particulars as may be prescribed.
7. Educational and other materials relating to feeding of infants to contain certain
particulars.—(1) 2
[Every educational or other material including advertisements or material relating to
promotion of infant milk substitutes, feeding bottles and infant foods], 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—
(a) the benefits and superiority of breast-feeding;
(b) the preparation for, and the continuance of, breast-feeding;
(c) the harmful effects on breast-feeding due to the partial adoption of bottle feeding;
(d) the difficulties in reverting to breast-feeding of infants after a period of feeding by infant milk
substitute;
(e) the financial and social implications in making use of infant milk substitutes and feeding
bottles;
(f) the health hazards of improper use of infant milk substitutes and feeding bottles;
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[(fa) the date of printing and publication of such material and the name of the printer and
publisher;]
(g) such other matters as may be prescribed.
(2) No material referred to in sub-section (1) shall be utilised to promote the use or sale of infant milk
substitutes or 4
[feeding bottles or infant foods].
8. Health care system.—(1) No person shall use any health care system for the display of placards or
posters relating to, or for the distribution of, materials for the purpose of promoting the use or sale of
infant milk substitutes or feeding bottles or infant foods:
Provided that the provisions of this sub-section shall not apply to—
(a) the donation or distribution of informational or educational equipment or material made in
accordance with the proviso to clause (b) of section 5; and
(b) the dissemination of information to a health worker about the scientific and factual matters
relating to the use of infant milk substitutes or feeding bottles or infant foods along with the
information specified in sub-section (1) of section 7.
(2) No person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or
infant foods shall make any payment to any person who works in the health care system for the purpose
of promoting the use or sale of such substitutes or bottles or foods.
(3) No person, other than a health worker, shall demonstrate feeding with infant milk substitutes or
infant foods to a mother of an infant or to any member of her family and such health worker shall also
1. Subs. by Act 38 of 2003, s. 6, for “infant milk substitute” (w.e.f. 1-11-2003).
2. Subs. by s. 7, ibid., for “Every educational or other material” (w.e.f. 1-11-2003).
3. Ins. by s. 7, ibid. (w.e.f. 1-11-2003).
4. Subs. by s. 7, ibid., for “feeding bottles” (w.e.f. 1-11-2003).
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clearly explain to such mother or such other member the hazards of improper use of infant milk
substitutes or feeding bottles or infant foods.
(4) No person, other than an institution or organisation, engaged in health care for mothers, infants or
pregnant women, shall distribute infant milk substitutes or feeding bottles to a mother who cannot resort
to breast-feeding and who cannot afford to purchase infant milk substitutes or feeding bottles.
(5) An orphanage may purchase infant milk substitutes or feeding bottles at a price lower than their
sale price for the purpose of utilising them in the said orphanage.
Explanation.—For the purposes of this sub-section, such purchases shall not amount to an
inducement for promoting 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) No person
who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall
offer or give, directly or indirectly, any financial inducements or gifts to a health worker or to any
member of his family for the purpose of promoting the use of such substitutes or bottles or foods.
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[(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.]
10. Special provision relating to employees of person who produces, supplies distributes or sells
infant milk substitutes, etc.—(1) No person who produces, supplies, distributes or sells infant milk
substitutes or feeding bottles or infant foods shall fix the remuneration of any of his employees or give
any commission to such employees on the basis of the volume of sale of such substitutes or bottles or
foods made by such employees.
(2) The employees of such person shall not perform any function which relates to educating a
pregnant woman or mother of an infant on pre-natal or post-natal care of the infant.
11. Standards of infant milk substitutes, feeding bottles or infant foods.—(1) No person shall sell
or otherwise distribute any infant milk substitute or infant food unless it conforms to the standards,
specified for such substitute or food under 2
[the Food Safety and Standards Act, 2006], and the rules made
thereunder and the container thereof has the relevant Standard Mark specified by the Bureau of Indian
Standards established under section 3 of the Bureau of Indian Standards Act, 1986 (63 of 1986) to
indicate that the infant milk substitute or infant food conforms to such standards:
Provided that where no standards have been specified for any infant milk substitute or infant food
under 2
[the Food Safety and Standards Act, 2006], no person shall sell or otherwise distribute such
substitute or food unless he has obtained the approval of the Central Government in relation to such
substitute or food and the label affixed to the container thereof under the rules made under that Act.
(2) No person shall sell or otherwise distribute any feeding bottle unless it conforms to the Standard
Mark specified by the Bureau of Indian Standards referred to in sub-section (1) for feeding bottles and
such mark is affixed on its container.
12. Powers of entry and search.—(1) 3
[Any Food Safety Officer appointed under the Food Safety
and Standards Act, 2006] (hereinafter referred to as the 4
[the Food Safety Officer]) or any officer not
below the rank of a Class I officer authorised in this behalf by the State Government (hereinafter referred
to as the authorised officer) may, if he has any reason to believe that any provision of section 6 or section
11 has been or is being contravened, enter and search at any reasonable time any factory, building,
business premises or any other place where any trade or commerce in infant milk substitutes or feeding
bottles or infant foods is carried on or such substitutes or bottles or foods are produced, supplied or
distributed.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and
seizures shall, so far as may be, apply to every search or seizure made under this Act.
1. Subs. by Act 38 of 2003, s. 8, for sub-section (2) (w.e.f. 1-11-2003).
2. Subs. by Act 34 of 2006, s. 100, for “the Prevention of Food Adulteration Act, 1954 (37 of 1954)” (w.e.f. 29-7-2010).
3. Subs. by s. 100, ibid., for “Any food inspector appointed under section 9 of the Prevention of Food Adulteration Act, 1954 (37
of 1954) (w.e.f. 29-7-2010).
4. Subs. by s. 100, ibid., for “Food Inspector” (w.e.f. 29-7-2010).
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13. Power to seize infant milk substitutes, etc., or containers thereof.—(1) If any 1
[the Food
Safety Officer] or authorised officer has reason to believe that in respect of any infant milk substitute or
feeding bottle or infant food or container thereof, the provisions of this Act have been or are being
contravened, he may seize such substitute or bottle or food or container.
(2) No such substitute or food or bottle or container shall be retained by any 1
[the Food Safety
Officer] or authorised officer for a period exceeding ninety days from the date of its seizure unless the
approval of the District Judge, within the local limits of whose jurisdiction such seizure has been made,
has been obtained for such retention.
14. Confiscation.—Any infant milk substitute or feeding bottle or infant food or container thereof, in
respect of which any provision of this Act has been or is being contravened, shall be liable to
confiscation:
Provided that where it is established to the satisfaction of the court adjudging the confiscation that the
person in whose possession, power or control any such substitute or bottle or food or container is found is
not responsible for the contravention of the provisions of this Act, the court may, instead of making an
order for the confiscation of such substitute or bottle or food or container, make such other order
authorised by this Act against the person guilty of the breach of the provisions of this Act as it may think
fit.
15. Power to give option to pay cost in lieu of confiscation.—(1) Whenever any confiscation is
authorised by this Act, the court adjudging it may, subject to such conditions as may be specified in the
order adjudging the confiscation, give to the owner thereof an option to pay in lieu of confiscation such
cost not exceeding the value of the infant milk substitute or feeding bottle or infant food or container
thereof in respect of which the confiscation is authorised as the court thinks fit.
(2) On payment of the cost ordered by the court the seized infant milk substitute or feeding bottle or
infant food or container shall be returned to the person from whom it was seized on the condition that
such person shall, before making any distribution, sale or supply of such substitute or bottle or food or
container, give effect to the provisions of this Act.
16. Confiscation not to interfere with other punishments.—No confiscation made or cost ordered
to be paid under this Act shall prevent the infliction of any punishment to which the person affected
thereby is liable under the provisions of this Act or under any other law.
17. Adjudication.—Any confiscation may be adjudged or costs may be ordered to be paid,—
(a) without any limit, by the principal civil court of original jurisdiction within the local limits of
whose jurisdiction such confiscation has been made or costs have been ordered to be paid, as the case
may be;
(b) subject to such limits as may be specified by the Central Government in this behalf, by such
other court, not below a civil court having pecuniary jurisdiction exceeding five thousand rupees, as
the Central Government may, by notification in the Official Gazette, authorise in this behalf.
18. Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or
infant food or container thereof.—(1) No order adjudicating confiscation or directing payment of costs
shall be made unless the owner of the infant milk substitute or feeding bottle or infant food or container
thereof has been given a notice in writing informing him of the grounds on which it is proposed to
confiscate such substitute or bottle or food or container and giving him a reasonable opportunity of
making a representation in writing, within such reasonable time as may be specified in the notice, against
the confiscation and if he so desires, of being heard in the matter:
Provided that where no such notice is given within a period of ninety days from the date of the seizure
of the infant milk substitute or feeding bottle or infant food or container thereof, such substitute or bottle
or food or container shall be returned after the expiry of that period to the person from whose possession
it was seized.
(2) Save as otherwise provided in sub-section (1), the provisions of the Code of Civil Procedure, 1908
(5 of 1908), shall, so far as may be, apply to every proceeding referred to in sub-section (1).
1. Subs. by Act 34 of 2006, s. 100, for “Food Inspector” (w.e.f. 29-7-2010).
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19. Appeal.—(1) Any person aggrieved by any decision of the court adjudicating a confiscation or
ordering the payment of costs may prefer an appeal to the court to which an appeal lies from the decision
of such court.
(2) The appellate court may, after giving the appellant an opportunity of being heard, pass such order
as it thinks fit confirming, modifying or revising the decision or order appealed against or may send back
the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be,
after taking additional evidence if necessary:
Provided that an order enhancing any fine in lieu of confiscation or for confiscating goods of greater
value shall not be made under this section unless the appellant has had an opportunity of making a
representation and if he so desires of being heard in his defence.
(3) No further appeal shall lie against the order of the court made under sub-section (2).
20. Penalty.—(1) Any person who contravenes the provisions of section 3, 4, 5, 7, 8, 9, 10 or
sub-section (2) of 1
[section 11 and the rules made under section 26 of the Act] 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 1
[section 11 and the
rules made under section 26 of the Act] 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.
21. Cognizance of offences.—(1) Save as otherwise provided in section 173 of the Code of Criminal
Procedure, 1973 (2 of 1974), no court shall take cognizance of any offence punishable under this Act
except upon a complaint in writing made by—
2
[(a) the Designated Officer or the Food Safety Officer directed under sub-section (5) of section
42 of the Food Safety and Standards Act, 2006 (34 of 2006); or]
(b) an officer not below the rank of a Class I officer authorised in this behalf, by general or
special order, by the Government; or
(c) a representative of such voluntary organisation engaged in the field of child welfare and
development and child nutrition as the Government may, by notification in the Official Gazette,
authorise in this behalf.
(2) Where a complaint has been made by a representative of the voluntary organisation authorised
under clause (c) of sub-section (1) and the court has issued a summons or, as the case may be, a warrant
under sub-section (1) of section 204 of the Code of Criminal Procedure, 1973 (2 of 1974), the Assistant
Public Prosecutor for that court shall take charge of the case and conduct the prosecution.
22. Offences by companies.—(1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
1. Subs. by Act 38 of 2003, s. 9, for “section 11” (w.e.f. 1-11-2003).
2. Subs. by Act 34 of 2006, s. 100, for clause (a) (w.e.f. 29-7-2010).
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Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm of other association of
individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
23. Offences to be cognizable and bailable.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be—
(a) bailable;
(b) cognizable.
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
1
[or a representative of such voluntary organisation which is notified under clause (c) of sub-section (1) of
section 21] for anything which is in good faith done or intended to be done under this Act.
25. Application of Act 37 of 1954 not barred.—The provisions of this Act, or the rules made
thereunder shall be in addition to, and not in derogation of, 2
[the Food Safety and Standards Act, 2006], or
the rules made thereunder.
26. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the conditions and restrictions subject to which educational equipment and other material may
be donated or distributed under the proviso to clause (b) of section 5;
(b) the language in which the notice and other particulars shall be indicated under sub-section (1)
of section 6;
(c) the particulars which are to be indicated under clause (i) of sub-section (1) of section 6;
(d) the particulars which a container or label shall not bear under clause (d) of sub-section (2) of
section 6;
(e) the matters to be included in the information which reaches pregnant women or mothers of
infants under clause (g) of sub-section (1) of section 7;
(f) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.