The FSSAI has issued an advisory which is related to the need for strict compliance with the provisions of Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) as amended from time to time.
The FSSAI has quoted the relevant section which empowers Food Safety Officers to file a written complaint.
It is under Section-100 of FSS Act, 2006 read with Section-21 (1) (a) Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) (‘The IMS Act’) which empowers the Designated Officer or the Food Safety Officer directed under sub-section (5) of section 42 of the Food Safety and Standards Act, 2006 to make a written complaint before the court to take cognizance of any offence punishable under the IMS Act.
Advertising, promotions and incentivizing the use or sale of infant milk substitutes or feeding bottles or infants food is prohibited under Sections 3-4 of the IMS Act.
Also, the involvement of health workers in promotion of along with funding of seminar, meeting, conference, educational course, contest, fellowship, research work or sponsorship is prohibited under Section-9 of the IMS Act.
These offences are cognizable and the penalties of the same are defined under Sections -20 of the IMS Act. Offences under this Act attracts imprisonment of one year to three years.
All the concerned Food Business Operators (FBOs), including the E-commerce platforms, need to strictly adhere to the provisions of the Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) in letter and spirit and they must desist from adopting surrogate promotions.
All the FBOs and any sister non-profit or other association, institute established by these FBOs falls under this and will be monitored for the above-mentioned activities.
In case any violation is noticed then the strict legal action may be initiated against them by filing a written complaint before the court under the Section-21 (1) (a) Infant Milk Substitutes, Feeding Bottles and Infant Food (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992).
The Officers will also have to share action taken report, on the above advisory with FSSAI from time to time.
