|s subject to the provisions of sub-section (4) of section 8, no person shall donate or distribute— (@) infant milk foods or feeding bottles to any other person except to an orphanage; 5 (b) any informational or educational equipment or material relating to infant milk foods 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 10 system 6 (1) without prejudice to the provisions of the prevention of food adulteration act, 1954 and the rules made thereunder, no person shall produce, supply or distribute any infant milk food or infant food unless every container thereof or any label affixed thereto indicates in a clear, 15 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 20 letters; (b) a statement that infant milk food 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 food or infant food is not the sole 25 source of nourishment of an infant; (@) 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; 30 (g) the storage conditions required; (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; @ such other particulars as may be prescribed (2) no container or label referred to in sub-section (1) relating to infant milk food shall— pictures or other graphic material or phrases designed e saleability of infant milk food; or donations of infant foods or bottles or equipment or materials relating thereto information on containets and labels of infant milk foods or infant foods7 (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 on— educational and other materials relating to feeding (@ the benefits and superiority of preast-feeding; (b) the preparation for, and the continuance of, breast-feeding; of infants to contain certain particulars (c) the harmful effects 'on breast-feeding due to the partial adoption of bottle feeding; (a) the difficulties in reverting to breast-feeding of infants after a period of feeding by infant milk food; (e) the financial and social implications in making use of infant milk foods and feeding bottles: (f) the health hazards of improper use of infant milk foods and feeding bottles; (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 foods or feeding bottles health care system 8 (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 foods or feeding botiles or infant foods: provided that the provisions of this sub-section shall not apply to— (@ 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 foods or feeding bottles or infant foods along with the information specified in sub-secton (1) of section 7 (2) no person who produces, supplies, distributes or sells infant milk foods 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 foods or bottles (3) no person, other than a health worker, shall demonstrate feeding with infant milk foods or infant foods to a mother of an infant or to any member of her family and such health worker shall also clearly explain to such mother or such other member the hazards of improper use of infant milk foods or feeding bottles or infant foods (4) no person, other than sn institution or organisation, engaged in health care for mothers, infants or pregnant women, shall distribute infant milk foods or feeding bottles to a mother who cannot resort to breast-feeding and who cannot afford to purchase infant milk foods or feeding bottles 3 (®) an orphanage may purchase infant rhilk foods or feeding bottles at a price lower than their sale price for the purpose of utilising them in the said orphanage cf i eaplanation—for the purposes of this sub-section such purchases shall not amount to an inducement for promoting the use sale of infant milk foods or feeding bottles, § (@) no person who produces, supplics, distributes or sells infant $ milk: foods or feeding bottles or infant foods shail offer ox give, directly indirectly, any financial inducements or gifts to a health worker or to fonte ember of his family for the purpose of promoting the use of such foods or bottles (2) where such person makes any contribution to, or incurs any 10 <penditure on, a health worker eiiher directiy or indirectly, such person and such health worker shall disclose the same to the institution or organisation to which such health worker is attached 10 (2) no person who produces, supplies, distributes or sells infant milk foods or feeding bottles or infant foods shall fixe the remuneration 15 of any of his employees or give any commission to such employees on the basis of the volume of sale of such foods or bottles 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 20 pre-natal or post-natal care of the infant, il (1) no person shall sell or otherwise distribute any infant milk food or infant food unless it conforms to the standards, specified for such $7 of 1954, food under the prevention of food adulteration act, 1954, and the rules section 3 of the bureau of indian standards act, 1986 to indicate that the infant milk food or infant food conforms to such standards: made under that act  --(2) no person: shall sell or otherwise distribute any feeding bottle 35 unless it conforms to the standard mark specified by the bureau of indian standard referred to in sub-section (1) for feeding bottles and such mark is affixed on its container, 12 tion of fx the authorised officer) may, if he hes any reason to believe that provision of section 6 or section 11 has been or is being contravened, r and search at any reasonable time any factory, building, business or any other place where any trade or commerce in infant milk 4 bottles or infant foods is carried on or such foods or supplied or distributed of entry search(2) the provisions of the code of criminal procedure, 1973, relating] to searches and seizures shall, so far as may be, apply to every search| or seizure made under this act j power 13 (1) if any food inspecton or authorised officer has reason to believe that in respect of any infant milk food or feeding bottle or infant food or container thereof, the provisions of this act have been or are being contravened, he may seize such food or bottle or container to seize infant foods etc, or containers thereof (2) no such food or bottle or container shall be retained by any food inspector 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 relation, confiscation 14 any infant milk food or feeding bottle or infant food or container thereof, in respect of which any provision of this act has been or is being contravented, 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 food or bottle 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 food or bottle 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 45 (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 power to give option to pay cost in co cation of the infant milk food on feeding bottle or infant food or container thereof in respect of which the confiscation is authorised as the court thinks fit i (2) on payment of the cost ordered by the court the seized infant sili food 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 food, bottle or container, give effect to the provisions of this act 46 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 | j confiscation not to interfere with other punish ments 17 any confiscation may be adjudged or costs may be ordered to be paid - adjudication (@ without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confis- ~ cation has been made or costs have been ordered to be paid, as the case may be; sy () 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 5 gazette, authorise in this behalf 18 (1) no order adjudicating confiscation or directing payment of costs shall be made unless the owner of the infant milk food 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 con- 10 fiscate such food or bottle 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 consfication and if he so desires, of being heard in the matter: provided that where no such notice is given within a period of 15 ninety days from the date of the seizure of the infant milk food or feeding bottle or infant food or container thereof, such food or bottle 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 he code of civil procedure, 1908, shall, so far as every proceeding referred to in sub-section (1) 19 (1) any person aggrieved by any decision of the court adjudicating a confiscation or ordering the payment of costs may prefer an ap- peal to the court to which an appeal lies from the decision of such 25 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 ad- 30 judication, as the case may be, after taking additional evidence if neces+ sary: | { 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 re- 35 presentation 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) i | 20 (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 sections 6 or sub- @) of section 11 shall be punishable with imprisonment for a _ which shall not be less than six months but which may extend to $ and with fine which shall not be less than two thousand =i ;  [eeeeoelprovided that the court may, for any adequate and special reasons to be mentionedin 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 mel not be less than one thousand rupees i d > 21 (1) save as otherwise provided in section 173 of the code of 2 of 1974, criminal procedure, 1973, no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by— (a) a person authorised in this behalf under sub-section (1) of section 20 of the prevention of food adulteration act, 1954; 10 37 of 198 (b) an officer not below the rank of a class i officer authorised in this behalf, by general or pecial 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, au- 15 thorise 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, 20 2 of 197 1973, the assistant public prosecutor for that court shall take charge of the case and conduct the prosecution 22 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was offences by companies in charge of, and was responsible to, the company, for the conduct of the 25 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 30 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 con- 35 nivance 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 be deemed to be guilty of that offence and shall be liable to be tetpesad, against and punished accordingly 40  explanation—for the purposes of this <n(a) "company" means any body corporate and includes a firm or other association of individuals; and a "director", in relation to a firm, means a partner in the & vm he:| to              | be    ||-----------------|-------|| 23,             |       || (1)             |       || notwithstanding |       || anything        |       || contained       |       || in              |       || the             |       || code            |       || of              |       || criminal        |       || procedure,      |       || 1973,           |       || an              |       || offence         |       || punishable      |       || under           |       || this            |       || act             |       || shall           |       || be              |       || bailable       |       || ble             | and   || baitable,       |       || (2)             |       || an              |       || offence         |       || punishable      |       || under           |       || this            |       || act             |       || shall           |       || be              |       || cognizable     |       || 24,             |       || no              |       || suit,           |       || prosecution     |       || or              |       || other           |       || legal           |       || proceeding      |       || shall           |       || lie             |       || against         |       || protec-         |       || tion            | of    || action          |       || 5               |       || 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            |       || in              | good  || faith          |       || 25,             |       || the             |       || provisions      |       || of              |       || this            |       || act             |       || or              |       || the             |       || rules           |       || made            |       || thereunder      |       || shall           |       || be              |       || in              |       || addition        |       || to,             |       || and             |       || not             |       || in              |       || derogation      |       || of,             |       || the             |       || prevention      |       || of              |       || food            |       || adultera-       |       || 10              |       || tion            |       || act,            |       || 1954,           |       || or              |       || the             |       || rules           |       || made            |       || thereunder,     |       |26 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act application of act 37 of 1954 not barred, power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 15 matters, namely:— i | (@) 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 20 referred to in sub-section (1) of section 6 shall be indicated; (c), the particulars which are to be indicated under clause @ of sub-section (1) of section 6; | | & (a) the particulars which a container or label shal] not bear under clause (d) of sub-section (2) of section 6; 25 (e) the matters to be included in the information which readhes pregnant women or mothers of infants under clause (9) of subsection (1) of section 7; | - uy r @f) any other matter which is required to be, or may be, pres- | cribed, | 30 (3), every rule made under this act shall be laid, as soon as may "be after it ismade, before each house of parliament, while it is in session, a total period of thirty days which may be comprised in one session n two or more successive sessions, and if, before the expiry of the ediately following the session or the successive sessions both houses agree in making any modification in the rule or agree that the rule should not be made, the rule shall ¢ effect only in such modified form or of no effect 7 be; so, however, that any such modification or annulprejudice to the validity of anything previously 1 ete' |  statement of objects and reasonsevery child has a right to be adequately nourished as a means of attaining and maintaining health infant malnutrition is a major contributory cause of high incidence of infant mortality and physical and mental handicaps the health of infants and young children cannot be isolated from the health and untrition nf women, the mother and her infant form a biological unit breast-feeding is an integral part of the reproductive process it is the natural and ideal wav of feeding the infant and provides a unique biological and emotional basis for healthy child development the anti-infective proverties of mother's milk protect infants against diseases the effect of breast-feedina on child spacing on the health and well-being of the mother on family health on family and national economy and on food production is well-recognised breastfeeding is, therefore a kev asnect of celf-relisnce and primary health care: it is therefore, essential to protect and promote breast-feeding and to protect pregnant women an nursing mothers from any influence that could disrupt it  2, inappropriate feeding practices iead to infant malnutrition, morbidity and mortality in our children promotion of infant milk foods and related products like feedine bottles and teats do constitute a health hazard promotion of infant milk fonds and related products has been more extensive and pervasive than the promotion of information concerning the advantages of mother's milk and hreast-feeding, and contributes to decline in breast-feeding in the shsence of strong interventions designed to protect promote and sunnort breast-feeding, this decline can assume dangerous proportions subiectine millions of infants to greater risks of infections, malnutrition and death, 3 in the light of the foregoing considerations, and in view of the vulnerability of infants in the early months of life to the aforesaid risks and the risks involved in inappropriate feeding practices including the unnecessary and improper use of infant milk foods feeding accessories and infant foods, it has hecome necessary to regulate the marketing of such products for the prover nutrition and health of the world's children, the world health assembly adonted in mav 1981 an international code of marketing of breast milk substitutes the government of india recognised this code and adonted tho "indian national code for protection and promotion of breast-feeding" (hereinafter referred to as the code) in december, 1983 4 the code envisages that there shall he no advertising or other form of sales promotion of infant milk fonds feeding hattles and teats the code, in accordance with this general nrincinle, enioins the health authorities to encourage and vrotect breast-feeding, and also prescribes several measures to control the marketing and promotion of infant milk foods, feeding bottles, teats and infant foods 5 the bill proposes to give effect to the principles and aims ef the code, accordingly, it prohibits advertisements of infant milk foods and feeding bottles and also prescribes measures to ensure that in the marketing of infant milk foods, no impression is given that feeding of these products is equivalent to, or better than, breast-feeding the provisions relating to labelling and quality control of infant milk foods, feeding bottles and infant foods are proposed to be implemented through the concerned departments in the state governments and union territory administrations under the overall control of the ministry of health and family welfare contravention of the provisiong of the bill will 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, however, the contravention of certain provisions of the bill relating to labelling of quality control of such foods will 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 shal] not be less than two thousand ; rupees 6: the bill seeks to achieve the above objects new dewar; ramjilal suman the-ath january, 1991 2  financial memorandumclause 12 of the bill provides that any food inspector appointed, under section 9 of the prevention of food adulteration act, 1954, or aly officer not below the rank of a class i officer authorised by the state government may, if he has any reason to believe that any provision of clause 6 or clause 11 has been or is being contravened, enter and search at any reasonable time any factory, building, business premises, etc, where such contravention has been or is being done 2 clause 13 of the bill empowers any food inspector or the officer so authorised to seize any infant milk food or feeding bottle on infant food or container thereof in respect of which the provisions of the bill have been or are being contravened and retain it for a period not exceeding ninety days from the date of the seizure under that clause, 3) the implementation of the above provisions of the bill will not require any additional staff by the central government, since the said provisions will be implemented through the machinery available in the concemed states and union territories and dealing with the administra~ tion of the prevention of food adulteration act, 1954 4, the provisions of the bill, therefore, do not involve any additional expenditure of a recurring or non-recurring nature, ' memorandum regarding delegated legislationclause 26 of the bill empowers the central government to make tules, by notification in the official gazette, to carry out the provisions of the proposed legislation the rules may be made, inter alia, to presctibe the conditions and restrictions subject to which educational equipment and other material relating to infant milk food or infant food may be donated or distributed, the language in which the notice and other particulars shall be indicated on a container of infant milk food or any label affixed thereto, the particulars which should be indicated on such container or the label affixed thereto, the particulars which such container or label shall not bear and the matters to be included in the information which reaches pregnant women or mothers of infants, 2 the matters in respect of which rules may be made under clause 26 are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character, 