Act 038 of 2003 : Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 2003

Preamble

Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Amendment Act, 20031

[Act 38 of 2003, Repealed by Act 23 of 2016*][1st June, 2003]

An Act 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-fourth Year of the Republic of India as follows:-

1 Received the assent of the President on 1-6-2003 and published in the Gazette of India, Extra., Part II, Section 1.

* Ed.: Act 38 of 2003 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-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.

Section 1. Short title and commencement

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, 2003.

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

Section 2. Amendment of Section 2

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.’.

Section 3. Amendment of Section 3

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.".

Section 4. Amendment of Section 4

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.

Section 5. Amendment of Section 5

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.

Section 6. Amendment of Section 6

6. Amendment of Section 6.-In Section 6 of the principal Act, in sub-section (2), for the words "infant milk substitute", at both the places where they occur, the words "infant milk substitute or infant food" shall be substituted.

Section 7. Amendment of Section 7

7. 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.

Section 8. Amendment of Section 9

8. 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.".

Section 9. Amendment of Section 20

9. 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.

Section 10. Amendment of Section 24

10. 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.

SECTIONS