FSSAI Advisory on Strict Compliance of Provisions of Infant Milk Substitute Feeding Bottles and Infant Food Regulations

The FSSAI has issued an advisory dated 8 September 2020 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.

The FSSAI has brought to the notice of all Central Licensing Authorities (CLAs), Designated Officers, FSSAI and Commissioners of Food Safety of All States/UTs that

• under Sections -3 & 4 of the IMS Act, advertising, promotions and incentivizing the use or sale of infant milk substitutes or feeding bottles or infant foods is prohibited.
• Further, under Section-9 of the IMS Act, the inducement to health workers for promoting use of infant milk substitutes, etc. including funding of seminar, meeting, conference, educational course, contest, fellowship, research work or sponsorship is also prohibited.

Further the FSSAI has informed through this advisory that under Section-23 of the IMS Act, the offences are cognizable and the penalties are defined under Section-20 which may lead to imprisonment for a term which may extend to three years for the contravention of the provisions of the IMS Act.

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.

Accordingly, all the (CLAs), Designated Officers of FSSAI and the Commissioners of Food Safety of All States/UTs are advised to closely monitor the products and promotional activities of the concerned Food Business Operators (FBOs) including any sister non-profit or other association, institute established by these FBOs.  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 an action taken report, on the above advisory with FSSAI from time to time.

Source : FSSAI