_ 5 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 ve poe 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 substitute or infant food unless every container thereof or any label affixed thereto indicates in 15 a ciear, 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; (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 she (2) no container or label referred to in sub-section (1) relating to infant milk substitute 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 infant milk substitute; or 40) (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 donations of infant milk substitutes or feeding bottles or equipment or materials relating thereto information on containers anc labels of infant milk substitutes or infant_ 7 (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— educational and other materials relating to feeding (2) the benefits and superiority of breast-feeding; of infants to contain certain (b) the preparation for, and the continuance of, breast-feeding; culars (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; 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 substitutes or feeding bottles, - health 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 substitutes or 20 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 3 milk sukstitutes 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, shal] demonstrate feeding with infant milk substitutes or infant foods to a mother of an infant 35 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 substitutes or feeding bottles or infant foods (4) no person, other than an in health care for mothers, infants infant milk substitutes or feeding b institution or organisation, engaged or pregnant women, shall distribute 40 ottles to a mother who cannot resort" afford to purchase infant milk subto breast-feeding and who cannot stitutes or feeding bottles sor feeding - e price for the purpose of utilising 45(5) an orphanage may purchase infant milk substitute bottles at a price lower than their sal them in the said orphanage: - explanation—for the purposes of this sub-section such purchases hall not amount to an inducement for promoting the use or sale of infant milk substitutes or feeding bottles 9 (1) no person who produces, supplies, distributes or sells infant irectly 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 © (2) where such person makes any contribution to, or incurs any ac 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 10 (1) no person who produces, supplies, distributes or sells infant _ milk substitutes or feeding bottles or infant foods shall fix the remunera- 5 tion 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 20 pre-natal or post-natal care of the infant 1l (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 the prevention of food adulteration » act, 1954, and the rules made thereunder and the container thereof has the _ 25 relevant standard mark specified by the bureau of indian standards » established under section 3 of the bureau of indian standards act, 1986 to indicate that the infant milk substitute or intant food conforms to such |            |            |            |            |             |              |            |            |              |            | _            | standards    ||------------|------------|------------|------------|-------------|--------------|------------|------------|--------------|------------|--------------|---------------|| 4          | provided   | that       | where      | no          | standards    | have       | been       | specified    | for        | any          | infant        || 30         | milk       | substitute | or         | infant food | under        | the        | prevention | of           | food       | adulteration |               || 4         | act,       | 1954,      | no         | person      | shall        | sell       | or         | otherwise    | distribute | such         | substitute    || or         | food       | unless     | he         | has         | obtained     | the        | approval   | of           | the        | central      | government    || relation   | to         | such       | substitute | or          | food         | and        | the        | label        | affixed    | to           | the           || thereof    | under      | the        | rules      | made        | under        | that       | act       |              |            |              |               || 35         | (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 |            |              |            |              |               || 5          | 12        | (1)        | any        | food        | inspector    | appointed  | under      | section      | 9          | of           | the           || ©          | 40         | tion       | of         | food        | adulteration | act,       | 1954       | (hereinafter | referred   | to           | as            || inspector) | or         | any        | officer    | not         | below        | the        | rank       | of           | a          | class        | i             || rised      | in         | this       | behalf     | by          | the          | state      | government | (hereinafter | referred   | to           | as            || the        | authorised | officer)   | may,       | if          | he           | has        | any        | reason       | to         | believe      | that          || provision  | of         | section    | 6          | or          | section      | 11         | has        | been         | or         | is           | being         || 45         |            |            |            |             |              |            |            |              |            |              |               || enter      |            |            |            |             |              |            |            |              |            |              |               || and        |            |            |            |             |              |            |            |              |            |              |               || search     |            |            |            |             |              |            |            |              |            |              |               || at         |            |            |            |             |              |            |            |              |            |              |               || any        |            |            |            |             |              |            |            |              |            |              |               || reasonable |            |            |            |             |              |            |            |              |            |              |               || time       |            |            |            |             |              |            |            |              |            |              |               || any        |            |            |            |             |              |            |            |              |            |              |               || factory,   |            |            |            |             |              |            |            |              |            |              |               || building,  |            |            |            |             |              |            |            |              |            |              |               || business   |            |            |            |             |              |            |            |              |            |              |               || induce-    |            |            |            |             |              |            |            |              |            |              |               || ment       | to         |            |            |             |              |            |            |              |            |              |               || health     |            |            |            |             |              |            |            |              |            |              |               || worker     |            |            |            |             |              |            |            |              |            |              |               || for        | pro-       |            |            |             |              |            |            |              |            |              |               || moting     |            |            |            |             |              |            |            |              |            |              |               || usé        | of         |            |            |             |              |            |            |              |            |              |               || infant     |            |            |            |             |              |            |            |              |            |              |               || milk       |            |            |            |             |              |            |            |              |            |              |               || substi-    |            |            |            |             |              |            |            |              |            |              |               || tutes,     |            |            |            |             |              |            |            |              |            |              |               || etc       |            |            |            |             |              |            |            |              |            |              |               || special    |            |            |            |             |              |            |            |              |            |              |               || provision  |            |            |            |             |              |            |            |              |            |              |               || relating   |            |            |            |             |              |            |            |              |            |              |               || to         | emplo-     |            |            |             |              |            |            |              |            |              |               || yees       | of         |            |            |             |              |            |            |              |            |              |               || person     |            |            |            |             |              |            |            |              |            |              |               || who        | pro-       |            |            |             |              |            |            |              |            |              |               || duces,     |            |            |            |             |              |            |            |              |            |              |               || supplies,  |            |            |            |             |              |            |            |              |            |              |               || distri-    |            |            |            |             |              |            |            |              |            |              |               || butes      | or         |            |            |             |              |            |            |              |            |              |               || sells      |            |            |            |             |              |            |            |              |            |              |               || infant     |            |            |            |             |              |            |            |              |            |              |               || milk       |            |            |            |             |              |            |            |              |            |              |               || substi-    |            |            |            |             |              |            |            |              |            |              |               || tutes,     |            |            |            |             |              |            |            |              |            |              |               || etc       |            |            |            |             |              |            |            |              |            |              |               || stan-      |            |            |            |             |              |            |            |              |            |              |               || dards      | of         |            |            |             |              |            |            |              |            |              |               || infant     |            |            |            |             |              |            |            |              |            |              |               || milk       |            |            |            |             |              |            |            |              |            |              |               || substi-    |            |            |            |             |              |            |            |              |            |              |               || tutes,     |            |            |            |             |              |            |            |              |            |              |               || feeding    |            |            |            |             |              |            |            |              |            |              |               || bottles    | or         |            |            |             |              |            |            |              |            |              |               || infant     |            |            |            |             |              |            |            |              |            |              |               || foods,     |            |            |            |             |              |            |            |              |            |              |               || powers     |            |            |            |             |              |            |            |              |            |              |               || of         | entry      |            |            |             |              |            |            |              |            |              |               || search    |            |            |            |             |              |            |            |              |            |              |               |premises or any other place where any trade or commerce in infant milk substitutes or feeding hottles or infant foods is carried on or such sub-— stitutes or bottles or foods and produced, supplied or distributed (2) the provision 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, 13 (1) if any food inspector or authorised officer has reason to believe that in respect of any infant milk substitute oy 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 con- | tamer, | (2) no such substitute or food or bottle or container shall be retained power to seize infant milk substi_ tutes, etc or containers thereof 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, 1 within the local limits of whose jurisdiction such seizure has been made, has been obtained for such retention : 14 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: cation, provided that where it is established to the satisfaction of the court 20 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 sub~ - stitute or bottle or food or container, make such other order authorised 25 by this act against the person guilty of the breach of the provisions of this act as it may think fit 15 (1) whenever any confiscation is authorised by this act, the court adjudging it may, subject to such conditions as may be specified power to give option 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 to pay cost in lieu of confiscation, 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 35 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 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 confiscation not to interfere with other punishments, 17 any confiscation may be adjudged or costs may be ordered to be 45 adjudication (a) 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; (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 {8 (2) no order adjudicating confiscation ot directing payment of giving; costs shall be mado unless the owner of the mfant milk substitute or of ed feeding bottle or infant food or container thereof has been given a notice opportumity in writing informing him of the grounds on which it is proposed to conto the @ ascate such substitute or potile or food or container and giving him ares- °wner sonable opportunity of making a representation in writing, within such pee 'reasonable time as may be specified in the notice, against the confiscation —_ infant 'and if he so desires, of being heard in the matter: milk ' substi- provided that where no such notice is given within a period of tute or feeding 153 inety days from the date of the seizure of the infant milk substitute or feeding bottle or infant food or container thereof, such substitute or bad, bottle or food or container shall be returned after the expiry of, that ingant period to the person from whose possession it was seized food or (2) save as otherwise provided in sub-section (1), the provisions thereof 0 of the code of civil procedure, 1908, shall, so far as may be, apply to every proceeding referred to in sub-section (1)  ~ 1 @) any person aggrieved by any decision of the court adjudica- ' appeal ting 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  ron -hi ped after giving the appellant an opportuacl fey (2) the appellate court may, nity 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 fresh decision or adease with such directions as it may think fit for a 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 yalue shall not be made under this 'section unless the appellant has had an opportunity of making a re- 45 presentation and if he so desires of being heard in his defence (3) no further appeal shal] lie against the orde under sub-section (2) 20 (1) any person who contravenes the provisions of section penalty 3, 4, 5, 7, 8, 9, 10 or sub-section (2) of section 11 shall be punishable with 40 imprisonment for a term which may extend to three years, of with fine ' which may extend to five thousand rupees, or with both (2) any person who contravenes the provisions of section 6 or subsection (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 1s three years and with fine which shall not be less than two thousandcontainer r of the court made provided 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 te two years and with fine which shall not be less than one thousand rupees, cognizance of offences 21, (1) save as otherwise provided in section 173 of the code of criminal procedure, 1973, no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by— (4) a person authorised in this behalf under sub-section (1) of section 20 of the prevention of food adulteration act, 1954; or 10 (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, au- 15 thorise in this behalf, (2) where a complaint has been made by a representative of the voluntary organisation authorised under clause (¢) 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 1973, the assistant public prosecutor for that court shall take charge of the case and conduct the prosecution offences by companies 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 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-settion 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 diljgence 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 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly : explanation—for the purposes of this section - (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the 45 firm, or con- 35 23 notwithstanding anything contained in the code of criminal procedure, 1973, an offence punishable under this act shall be,— | (a)    | bailable;    ||--------|--------------|| (bd)   | cognizable  |24, no suit, prosecution or other legal proceeding shall lie against the central govelsnment or any state governmeat or any officer of the central government or of any state government for anything which is in good faith done or intended to lye done under this act __ 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 adulteration act, 1954, or the rules made thereunder _ 26 (1) the central government may, by notification jn the official 'gazette, make rules to carry out the provisions of this act : (2) in particular, and without prejudice to the generality of the i5 foxrego:ng 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 9; (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; (¢) the matters to be included in the information which reaches pregnant women or mothers of infants under clause (g) of subsection (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 mote successive sessions, and if, before the expiry of the ssession immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or oth 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 annul- )ment shall be without prejudice to the validity of anything previously done under that rule offences to be cognizable and bailable protection of action taken in good faith application of act 37 of 1954 not barred make rules, statement of objects and reasonsevery child has a right to be adequately nourished as a means attaining and maintaining health infant malnutrition is a major co putory cause of high incidence of infant mortality and physical mental handicaps the health of infants and young children cann isolated from the health and nutrition of women the mother and i infant form a biological unit breast-feeding is an integral part 0! reproductive process it is the natural and ideal way of feeding the and provides a unique biological ana emotional basis for healthy development the anti-infective properties of mother's milk protect i against diseases the effect of biceast-feeding on child spacing, on health and well-being of the mother, on family health and on nat economy is well-recognised breast-feeding is, therefore, a key @ of self-reliance and primary health care it is, therefore, essen protect and promote breast-feeding and to protect pregnant women an nursing mothers from any influence that could disrupt it inappropriate feeding practices lead to infantmalnutrition, m bidity ana mortality in our children, promotion of infant milk sub and related products like feeding bottles and teats do constitute a ' bazard promotion of infant milk substitutes and related products been more extensive and pervasive than the dissemination of infor concerning the advantages of mother's milk and breast-feeding and tributes to decline in breast-feeding in the absence of strong inte tions designed to protect, promote and support breast-feeding decline can assume dangerous proportions subjecting millions of in: to greater risks of infections, malnutrition and death 3 in the light of the foregoing consideration and in view of vulnerability of infants in the early months of life to the aforesaid ri and the risks involved in inappropriate feeding practices including the unnecessury and improper use of infant milk substitutes, feeding ac sories and infant foods, it has become necessary to regulate the mark ing of such products for the proper nutrition and health of the worl children, the world health assembly adopted in may, 1981 an int tional code for marketing of breast milk substitutes the governm of india recognised this code and adopted the "indian national code protection and promotion of breast-feeding" (hereinafter referred as the code) in december, 1983 _ _4 the code envisages that there shal] be no advertising or | form of sales promotion of infant milk substitutes, feeding bottles ¢ teats the code, in accordance with this general principle enjoins health authorities to encourage and protect breast-feeding and prescribes several measures to control the marketing and promotion of infant milk substitutes, feeding bottles, teats and infant foods p| eee en in bee oe hae ii 5 the bill proposes to give effect to the principles and aims of the code accordingly, it prohibits advertisements of infant milk substitutes 'nd feeding bottles and also presc 'bes measures to ensure that in the marketing of infant milk substitutes 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 substitutes, feeding bottles and infant foods are proposed to be implemented through the concerned departments in the state governments and union territory administrationg under the overall control of the ministry of health and family welfare contravention of the provisions 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 or quality control of such substitutes or 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 {ne which shall not be less than two thousand rupees +6, the bill seeks to achieve the above objects new delhi; arjun singh fhe 27th april, 1992 financial memorandumclause 12 of the bill provides that any food inspector appoi under section 9 of the prevention of food adultelration act, 1954, or officer not below the rank ofa class i officer authorised by the state ernment may, if he has any reason to believe that any provision of 6 or clause 11, has been or is being contravened, enter and search reasonable time any factory, building, business premises, etc, such contravention has been or is being done, 3 the implementation of the above provisions of the bill will ; require any additional staff by the central government, since the _provisions will be implemented through the machinery available in " concerned states and union territories and dealing with the administ 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 rules, by notification in the official gazette, to carry out the provisions of the proposed legislation the rules may be made, inter elia, to preseribe the conditions ana restrictions subject to which educational equipment and other material relating to infant milk substitute of infant food may be donated or distributed, the language in which the notice and other particulars s er of infant hall be indicated on a contain milk substitute 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 labe 1 shall not bear and the matters to be included in the anformation which reaches pregnant women or mothers ef infants  4 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 