ims book

Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and its Amendments (2003)

Overview of the IMS Act

  • Purpose: To regulate the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods.

  • Goal: Protection and promotion of breastfeeding and ensuring proper use of infant foods.

  • Enactment: Originally enacted in the Fifty-fourth Year of the Republic of India, cited as No. 38 of 2003.

Definitions

  • Advertisement: Includes any document or announcement that promotes infant food related products by any medium (light, sound, electronic transmission, etc.).

  • Container: Any box, bottle, or receptacle used for the storage of infant food products.

  • Feeding Bottle: Any bottle or receptacle designed for feeding infant milk substitutes, including associated teats and valves.

  • Health Care System: Institutions engaged in maternal, infant, or pregnant women’s health care.

  • Health Worker: An individual providing health care services to mothers, infants, or pregnant women.

  • Infant Food: Foods marketed as complements to mother's milk for infants aged six months to two years.

  • Infant Milk Substitute: Foods marketed as replacements for mother's milk for infants up to two years.

  • Promotion: Methods used to encourage the purchase or use of infant food products.

Provisions Regarding Advertising and Promotion

  • Prohibition of Advertising:

    • No person shall advertise or promote infant milk substitutes or infant foods as alternatives or better than mother’s milk.

  • Limited Distribution:

    • Samples of infant products cannot be supplied.

    • Contacting mothers or pregnant women for promotional purposes is restricted.

  • Donation Restrictions:

    • Infant milk substitutes can only be distributed to orphanages under specific rules.

Labeling and Consumer Information

  • Label Requirements:

    • Must clearly state: "mother's milk is best for your baby" and the proper usage instructions for products.

    • No images or graphic material promoting the products on labels.

  • Educational Material:

    • Any material reaching pregnant women must include breastfeeding benefits and the hazards of improper use of substitutes.

Standards and Compliance

  • Food Safety Compliance:

    • Products must conform to standards under the Prevention of Food Adulteration Act, 1954.

    • Labels must contain batch numbers, ingredients, and expiry dates.

  • Compliance Inspections:

    • Authorized officers can inspect premises for compliance with the IMS Act.

Penalties for Non-Compliance

  • Imprisonment and Fines:

    • Offenses under certain sections may lead to imprisonment of up to three years or fines up to five thousand rupees.

  • Company Liability:

    • Companies and responsible individuals can be held liable for violations of the Act.

Appeal Process and Judicial Matters

  • Confiscation Procedures:

    • Confiscated products can be retained for a maximum of 90 days unless a court order extends this period.

  • Appeals: Individuals may appeal decisions regarding confiscation or fines to higher courts.

Summary of Additional Provisions

  • Provisions are in addition to the existing laws under the Prevention of Food Adulteration Act, 1954.

  • Central Government empowered to create supplementary rules to further implement this Act.