Infant Milk Substitutes Act Overview
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Questions and Answers

What action is prohibited concerning the advertisement of infant milk substitutes?

  • Advertise infant milk substitutes (correct)
  • Promote the equivalency of infant milk substitutes to mother's milk (correct)
  • Distribute samples of infant foods
  • Offer discounts on feeding bottles
  • Which of the following statements about incentives for the sale of infant milk substitutes is true?

  • Gifts of utensils are encouraged to promote sales
  • Inducements in any form for sales are permitted
  • Contacting mothers for promotion is prohibited (correct)
  • Providing free samples is allowed if done discreetly
  • Which clause related to infant foods was amended by the Act 38 of 2003?

  • Duration after which infant food can be introduced (correct)
  • Prohibition on approaching pregnant women
  • The definition of infant foods
  • Incentives for using infant milk substitutes
  • What is a consequence of creating the belief that infant milk substitutes are better than mother's milk?

    <p>It may lead to penalties under the Act</p> Signup and view all the answers

    Which activity is allowed under the regulations concerning infant milk substitutes?

    <p>Conducting studies on infant feeding</p> Signup and view all the answers

    What is prohibited with regard to the health care system concerning infant milk substitutes?

    <p>Displaying placards or posters related to infant milk substitutes.</p> Signup and view all the answers

    Who is allowed to demonstrate feeding with infant milk substitutes to mothers?

    <p>Only a health worker.</p> Signup and view all the answers

    What should be explained to mothers regarding infant milk substitutes?

    <p>The hazards of improper use of infant milk substitutes.</p> Signup and view all the answers

    Who can distribute infant milk substitutes to a mother unable to breastfeed?

    <p>An institution or organization engaged in maternal health.</p> Signup and view all the answers

    Under what condition can an orphanage purchase infant milk substitutes or feeding bottles at a lower price?

    <p>For utilization within the orphanage for its residents.</p> Signup and view all the answers

    What type of payment is prohibited regarding the promotion of infant milk substitutes?

    <p>Payments to any person working in the health care system for promotion.</p> Signup and view all the answers

    What materials are exempt from the ban on distribution within health care systems?

    <p>Informational or educational materials made per specific provisions.</p> Signup and view all the answers

    What is allowable when disseminating information related to infant milk substitutes?

    <p>Discussing scientific facts about these products with health workers.</p> Signup and view all the answers

    What is the primary purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992?

    <p>To regulate the production, supply, and distribution of infant milk substitutes and foods</p> Signup and view all the answers

    Which of the following best describes 'infant milk substitute' as per the Act?

    <p>Any food represented as a partial or total replacement for mother’s milk for infants up to two years</p> Signup and view all the answers

    What does the term 'feeding bottle' encompass according to the Act?

    <p>Any receptacle used for feeding with a teat and valve, if applicable</p> Signup and view all the answers

    What is identified as a 'health care system' under the Act?

    <p>Any institution involved in health care, including private health workers and pharmacies</p> Signup and view all the answers

    Which of the following correctly refers to an 'advertisement' as defined by the Act?

    <p>Any document or representation made through various media including electronic means</p> Signup and view all the answers

    What does the term 'label' refer to in the context of the Act?

    <p>The written, stamped, or printed material affixed to a container</p> Signup and view all the answers

    What age range does the Act's definition of 'infant food' cover?

    <p>From the age of six months to two years</p> Signup and view all the answers

    What does 'promotion' mean in the context of the Act?

    <p>Any method used to encourage the purchase or use of infant milk substitutes and related products</p> Signup and view all the answers

    What is required before any feeding bottle can be sold or distributed?

    <p>It should conform to the Standard Mark by the Bureau of Indian Standards.</p> Signup and view all the answers

    Who has the authority to enter and search places related to the trade of infant milk substitutes?

    <p>Any Food Safety Officer or an authorized officer from the State Government.</p> Signup and view all the answers

    What can a Food Safety Officer do if they believe an infant milk substitute's regulations are being violated?

    <p>Seize the infant milk substitute or feeding bottle.</p> Signup and view all the answers

    How long can a seized bottle or food item be retained by a Food Safety Officer without further approval?

    <p>90 days.</p> Signup and view all the answers

    What must happen if the Food Safety Officer wants to retain a seized item beyond 90 days?

    <p>Obtain approval from the District Judge.</p> Signup and view all the answers

    What does the Code of Criminal Procedure, 1973 apply to in this context?

    <p>To searches and seizures made under this Act.</p> Signup and view all the answers

    Which is a necessary action for the authorized officer if they suspect regulations regarding infant foods are being contravened?

    <p>Entering and searching the premises.</p> Signup and view all the answers

    What does the term 'feeding bottle' refer to in this context?

    <p>A bottle specifically designed for infants.</p> Signup and view all the answers

    Who is responsible for conducting the prosecution when a complaint is made by an authorized representative of a voluntary organization?

    <p>The Assistant Public Prosecutor</p> Signup and view all the answers

    What must an individual prove to avoid liability if an offense was committed by a company?

    <p>That the offense was committed without their knowledge</p> Signup and view all the answers

    In the context of offenses committed by a company, who besides the company can also be deemed guilty?

    <p>Any director, manager, or officer of the company</p> Signup and view all the answers

    What terms are used to describe offenses punishable under this Act?

    <p>Cognizable and bailable</p> Signup and view all the answers

    Which statement accurately describes what constitutes a 'company' under this section?

    <p>Any legally recognized body, including associations</p> Signup and view all the answers

    What happens when a company commits an offense with the consent of a company officer?

    <p>Both the company and the officer are punished</p> Signup and view all the answers

    What type of legal liability exists for individuals in charge of a company when an offense occurs?

    <p>They can be proceeded against and punished if responsible</p> Signup and view all the answers

    What are the legal implications for a director in relation to offenses committed by a firm?

    <p>Directors can be deemed guilty if their neglect contributed to the offense</p> Signup and view all the answers

    What is forbidden regarding the promotion of infant milk substitutes?

    <p>Contacting any pregnant woman</p> Signup and view all the answers

    All advertisements for infant milk substitutes created a belief that they are superior to mother's milk.

    <p>False</p> Signup and view all the answers

    What must be avoided in order to comply with the Infant Milk Substitutes Act regarding feeding bottles?

    <p>Promotion or advertising that suggests equivalence to mother's milk</p> Signup and view all the answers

    Which of the following best describes 'infant food' according to the Act?

    <p>Any food marketed as a complement to mother's milk for infants six months to two years</p> Signup and view all the answers

    No person shall create a belief that ___ are equivalent to mother's milk.

    <p>infant milk substitutes</p> Signup and view all the answers

    A feeding bottle only refers to the actual bottle and does not include teats and valves.

    <p>False</p> Signup and view all the answers

    What does the term 'label' refer to in the context of the Act?

    <p>A display of written, marked, stamped, printed, or graphic matter affixed to any container.</p> Signup and view all the answers

    Match the following terms with their definitions as per the Act:

    <p>Infant milk substitute = A product used to replace mother's milk Feeding bottle = A vessel used to feed infants formula or milk Infant food = Nutritional products intended for infants Advertising = Any promotional material for infant-related products</p> Signup and view all the answers

    An infant milk substitute is marketed as a ______ for mother’s milk for infants up to the age of two years.

    <p>partial or total replacement</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Advertisement = Includes any notice or representation encouraging purchase Health care system = An institution engaged in health care for mothers and infants Infant milk substitute = Food represented as a replacement for mother’s milk Feeding bottle = A receptacle used for feeding infant milk substitutes</p> Signup and view all the answers

    Which of the following is included in the definition of 'advertisement' as per the Act?

    <p>Any visible representation made by light or sound</p> Signup and view all the answers

    A health care worker is defined in the Act as any individual involved in health care for mothers and pregnant women.

    <p>True</p> Signup and view all the answers

    The Act shall come into force on such date as the Central Government may notify in the __________.

    <p>Official Gazette</p> Signup and view all the answers

    Who is permitted to demonstrate feeding with infant milk substitutes to mothers?

    <p>No one other than health workers</p> Signup and view all the answers

    An organization that provides health care for mothers can distribute infant milk substitutes to mothers who cannot breastfeed.

    <p>True</p> Signup and view all the answers

    What must be explained to mothers regarding the use of infant milk substitutes?

    <p>The hazards of improper use</p> Signup and view all the answers

    A person who produces infant milk substitutes is prohibited from making payments to any person in the _____ for promoting such products.

    <p>health care system</p> Signup and view all the answers

    Which group may purchase infant milk substitutes at a lower price?

    <p>Orphanages</p> Signup and view all the answers

    Match the following actions with their descriptions:

    <p>Demonstrating feeding = Allowed only by health workers Distributing infant milk substitutes = Prohibited for individuals outside certain organizations Making payments for promotion = Strictly prohibited Donating educational materials = Allowed under specific conditions</p> Signup and view all the answers

    What is the primary restriction placed on health care systems regarding infant milk substitutes?

    <p>No display or distribution of promotional materials</p> Signup and view all the answers

    What must a person selling infant milk substitutes ensure regarding their products?

    <p>They must conform to the standards under the Food Safety and Standards Act.</p> Signup and view all the answers

    It is permissible for producers of infant milk substitutes to offer financial inducements to health workers.

    <p>False</p> Signup and view all the answers

    It is permissible for individuals to distribute materials promoting infant foods within health care systems.

    <p>False</p> Signup and view all the answers

    What is the consequence for employees of a person who sells infant milk substitutes concerning educational functions?

    <p>They cannot perform educational functions related to prenatal or postnatal care.</p> Signup and view all the answers

    No person shall sell any infant milk substitute unless it conforms to the standards specified under the _______.

    <p>Food Safety and Standards Act, 2006</p> Signup and view all the answers

    Match the following terms related to infant milk substitutes with their descriptions:

    <p>Infant milk substitute = Product that can replace breast milk Feeding bottle = Container used for feeding infants Infant food = Food items designed for babies Central Government = Authority for approving unstandardized products</p> Signup and view all the answers

    Which of the following actions is prohibited for persons selling infant milk substitutes?

    <p>Offering incentives based on sales volume to employees</p> Signup and view all the answers

    Employees of producers of infant milk substitutes can perform educational roles regarding prenatal care.

    <p>False</p> Signup and view all the answers

    What must a person do if there are no specified standards for an infant food before selling it?

    <p>Obtain approval from the Central Government.</p> Signup and view all the answers

    What must an individual prove to avoid liability if an offence was committed by a company?

    <p>He exercised all due diligence to prevent the offence</p> Signup and view all the answers

    An offence punishable under this Act is non-bailable and cognizable.

    <p>False</p> Signup and view all the answers

    Who takes charge of the prosecution when a complaint is filed by a representative of a voluntary organization?

    <p>The Assistant Public Prosecutor</p> Signup and view all the answers

    A _____ means any body corporate and includes a firm or other association of individuals.

    <p>company</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Director = A partner in a firm Company = Any body corporate Officer = An individual responsible for directing a company Offence = An act that is punishable under this Act</p> Signup and view all the answers

    Which statement is true regarding the liability of company officers?

    <p>Officers can be held liable if the offence is committed with their consent.</p> Signup and view all the answers

    The term 'director' in relation to a firm refers to a shareholder.

    <p>False</p> Signup and view all the answers

    What happens if it is proved that a company offence was committed with the connivance of an officer?

    <p>The officer shall also be deemed guilty of that offence.</p> Signup and view all the answers

    What is prohibited concerning incentives related to infant milk substitutes?

    <p>Providing promotional gifts to health workers</p> Signup and view all the answers

    Which of the following is NOT a provision of the Act regarding containers and labels of infant milk substitutes?

    <p>Labels must indicate if the product is organic</p> Signup and view all the answers

    What authority does a Food Safety Officer have under the Act when they suspect violations?

    <p>They have the power to seize infant milk substitutes immediately</p> Signup and view all the answers

    Which section of the Act deals with the standards set for infant milk substitutes, feeding bottles, and infant foods?

    <p>Section 11</p> Signup and view all the answers

    Under the Act, what happens when an individual is found guilty of an offense committed by a company?

    <p>They can be prosecuted alongside the company officer</p> Signup and view all the answers

    Which of the following does the Act stipulate regarding health care systems?

    <p>They must provide educational materials about breast-feeding</p> Signup and view all the answers

    What legal recourse is available if the owner of a seized infant milk substitute items wants to contest the seizure?

    <p>They have the opportunity for adjudication</p> Signup and view all the answers

    What is one of the primary purposes outlined in the Act regarding infant milk substitutes?

    <p>To protect and promote breast-feeding</p> Signup and view all the answers

    Which restriction applies to individuals or organizations distributing infant milk substitutes?

    <p>They can only distribute to mothers who cannot breastfeed and cannot afford substitutes.</p> Signup and view all the answers

    What is the responsibility of a health worker when demonstrating feeding with infant milk substitutes?

    <p>To explain the hazards of improper use of these products.</p> Signup and view all the answers

    Which of the following actions is explicitly allowed concerning educational materials about infant milk substitutes?

    <p>Donating educational materials on the use of substitutes.</p> Signup and view all the answers

    What is the main purpose behind the regulations in the health care system regarding infant milk substitutes?

    <p>To prevent misleading promotions that undermine breastfeeding.</p> Signup and view all the answers

    Under what condition can an organization purchase infant milk substitutes at a reduced price?

    <p>When the organization is non-profit and operates under specific regulations.</p> Signup and view all the answers

    What must be true for a health care worker to legally demonstrate feeding with infant milk substitutes?

    <p>They must have prior permission from the mother.</p> Signup and view all the answers

    Which specific actions are prohibited under the regulations regarding health care workers and infant milk substitutes?

    <p>Making payments to health care workers for promoting any infant food.</p> Signup and view all the answers

    What requirement must be fulfilled before distributing feeding bottles according to regulations?

    <p>They must be accompanied by educational materials outlining proper use.</p> Signup and view all the answers

    Which of the following definitions accurately describes 'container' as per the Act?

    <p>Any receptacle in which infant milk substitutes, feeding bottles, or infant food is placed or packed.</p> Signup and view all the answers

    Under the Act, what is classified as a 'health care system'?

    <p>An institution or organization engaged in health care for mothers, infants, or pregnant women.</p> Signup and view all the answers

    Which of the following is true regarding the definition of 'promotion' in the context of the Act?

    <p>Promotion refers to any method of encouraging sales of infant-related products.</p> Signup and view all the answers

    What does the term 'infant milk substitute' denote according to the Act?

    <p>A product sold as a partial or total replacement for mother’s milk for infants up to two years.</p> Signup and view all the answers

    Which of the following accurately characterizes 'label' as per the definitions in the Act?

    <p>A display of information printed or attached to any container.</p> Signup and view all the answers

    What aspect of the Act defines the scope of the term 'advertisement'?

    <p>It encompasses various forms of communications made to promote infant products.</p> Signup and view all the answers

    What specific condition must a feeding bottle meet before it can be sold or distributed?

    <p>It must conform to the Standard Mark specified by the Bureau of Indian Standards.</p> Signup and view all the answers

    What is the age threshold for defining 'infant food' under the Act?

    <p>Food marketed for infants after age six months up to two years.</p> Signup and view all the answers

    What does the term 'feeding bottle' encompass as defined in the Act?

    <p>Any receptacle for infant formula, including attached teats and valves.</p> Signup and view all the answers

    What is the maximum period a Food Safety Officer can retain a seized infant milk substitute without district approval?

    <p>Ninety days</p> Signup and view all the answers

    In what circumstance can a Food Safety Officer enter and search premises related to infant milk substitutes?

    <p>If they have reason to believe the law is being violated.</p> Signup and view all the answers

    What action may a Food Safety Officer take if they believe the provisions regarding infant food are being contravened?

    <p>Seize the offending products.</p> Signup and view all the answers

    Under the Act, who is authorized to oversee the production and distribution of infant milk substitutes?

    <p>Food Safety Officers or authorized officers.</p> Signup and view all the answers

    What must happen if a Food Safety Officer wishes to retain a seized item for longer than the allowable period?

    <p>Obtain approval from the District Judge.</p> Signup and view all the answers

    Which of the following provisions does the Code of Criminal Procedure, 1973 relate to in this context?

    <p>Procedures for searches and seizures.</p> Signup and view all the answers

    What distinguishes a Food Safety Officer from other officials in the enforcement of this Act?

    <p>They are specifically appointed under the Food Safety and Standards Act, 2006.</p> Signup and view all the answers

    What is the maximum pecuniary jurisdiction as specified for courts authorized by the Central Government to adjudicate confiscation of infant food items?

    <p>Rs. 5000</p> Signup and view all the answers

    What requirement must be met before a court can make an order adjudicating confiscation of infant milk substitutes?

    <p>Owner must be given prior notice and opportunity to represent.</p> Signup and view all the answers

    What happens if no notice is given to the owner within ninety days from the seizure of the infant milk substitute?

    <p>The substitute is returned to the owner.</p> Signup and view all the answers

    To which court can an individual appeal if they are dissatisfied with a confiscation decision?

    <p>The court to which appeals lie from the initial decision</p> Signup and view all the answers

    What legislation's provisions apply to proceedings regarding confiscation of infant milk substitutes?

    <p>The Code of Civil Procedure, 1908</p> Signup and view all the answers

    What is a possible consequence of the adjudication of confiscation under the relevant law?

    <p>An order for payment of costs</p> Signup and view all the answers

    What type of court has the authority to adjudicate on confiscation without limitations specified by the Central Government?

    <p>The principal civil court of original jurisdiction</p> Signup and view all the answers

    What is the role of the notice provided to the owner of the confiscated infant milk substitute?

    <p>To inform the grounds for confiscation and allow representation</p> Signup and view all the answers

    Study Notes

    Infant Milk Substitutes Act Overview

    • The act is titled the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
    • It is applicable throughout India and came into force on a date determined by the Central Government.

    Key Definitions

    • Advertisement: Any form of promotion including notices, labels, or electronic announcements.
    • Container: Any packaging used for infant milk substitutes or foods, such as bottles and cans.
    • Feeding Bottle: A receptacle for feeding infants, including components like teats and valves.
    • Health Care System: Organizations and individuals providing health care related to mothers and infants.
    • Health Worker: Individuals involved in providing health services to mothers and infants.
    • Infant Food: Marketed as supplementary nutrition for infants aged six months to two years.
    • Infant Milk Substitute: Products marketed as alternatives to mother’s milk for infants up to two years.
    • Label: Written or graphic matter displayed on containers.
    • Promotion: Methods used to encourage the purchase or use of infant milk substitutes or related products.

    Prohibitions and Regulations

    • Advertisements for infant milk substitutes, feeding bottles, or infant foods are strictly prohibited.
    • Creation of the impression that substitutes are better than mother’s milk is not allowed.
    • Incentives or samples for promoting these products cannot be provided to pregnant women or mothers.

    Use of Health Care Systems

    • Health care systems cannot advertise or promote infant products.
    • Distribution of educational materials is permitted if it complies with regulations.
    • Payments to health care personnel for promoting substitutes are prohibited.
    • Demonstrations of infant feeding with substitutes can only be performed by health workers, who must explain proper usage to caregivers.

    Sales and Distribution Restrictions

    • Feeding bottles must meet the Bureau of Indian Standards for safety.
    • Institutions may purchase products only for mothers unable to breastfeed and who cannot afford substitutes.
    • Orphanages can acquire items below market price without it being considered inducement.

    Enforcement and Compliance

    • Food Safety Officers can conduct inspections for compliance with the act and seize non-compliant products.
    • Seized items cannot be held for more than 90 days without legal approval.
    • Offenses are cognizable and bailable, meaning arrests can be made without a warrant and bail can be granted.

    Corporate Accountability

    • Offences committed by a company hold both the responsible individual and the company liable.
    • Directors or officers may face charges if they consented to or neglected their duties related to the offense.
    • The act includes clauses ensuring that companies cannot evade responsibility and highlights the importance of diligence in compliance.
    • Acknowledges the evolving nature of laws related to the trade and distribution of infant nutrition products.

    Act Overview

    • Title: Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
    • Geographic Scope: Entirely applicable to India.
    • Commencement: Effective from a date notified by the Central Government.

    Key Definitions

    • Advertisement: Encompasses any form of representation promoting infant milk substitutes.
    • Container: Any vessel used for packaging infant-related products.
    • Feeding Bottle: A receptacle designed for feeding infants, inclusive of teats and valves.
    • Health Care System: Institutions or organizations involved in maternal and infant health care.
    • Health Worker: Professionals providing health care services to mothers and infants.
    • Infant Food: Marketed food aiding in nutrition for infants aged six months to two years.
    • Infant Milk Substitute: Products marketed to replace mother’s milk for infants up to two years.
    • Promotion: Strategies to encourage purchases of specified infant products.

    Prohibitions and Restrictions

    • No advertisements promoting infant milk substitutes, feeding bottles, or infant foods.
    • False impressions that infant substitutes are equivalent to mother's milk are prohibited.
    • Restrictions on promoting infant products through incentives, samples, or gifts.

    Health Care System Regulations

    • Prohibition on using health systems for promoting infant milk substitutes or related products.
    • Health workers must be the only individuals to demonstrate infant feeding with substitutes to caregivers, ensuring proper information about hazards is provided.
    • Health care organizations may supply infant products only to those unable to breastfeed and in financial need.

    Inducements and Employee Regulations

    • Producers and distributors cannot offer financial incentives or gifts to health workers for promoting infant products.
    • Employees cannot be compensated based on sales volume of infant products.
    • Limited role of employees regarding educating pregnant women about infant care.

    Standards and Compliance

    • Infant milk substitutes and foods must meet standards set by the Food Safety and Standards Act, 2006.
    • Sale and distribution of non-compliant products are prohibited unless approved by the Central Government.
    • Complaint procedures allow for prosecution in the case of violations.

    Corporate Liability

    • Companies involved in violations face penalties alongside responsible individuals within the business.
    • Responsibility extends to directors and managers where consent or negligence is proven.
    • Offences under this Act are classified as cognizable and bailable, allowing for immediate legal action while offering bail options.

    Overview of the Act

    • Enacted on December 29, 1992, as Act No. 41 of 1992.
    • Aims to regulate the production, supply, and distribution of infant milk substitutes, feeding bottles, and infant foods.
    • Intended to protect and promote breastfeeding while ensuring proper use of infant foods.

    Key Sections of the Act

    • Includes 22 sections, detailing rules and regulations governing infant nutrition products.
    • Prohibitions against advertising and promoting infant milk substitutes and feeding bottles within healthcare settings.
    • Establishes penalties and procedures for enforcement, including the power of entry and search.

    Definitions

    • Infant food: Food marketed as a complement to mother's milk for infants aged six months to two years.
    • Infant milk substitute: Food marketed as a partial or total replacement for breast milk for infants under two years.
    • Feeding bottle: Any receptacle used for feeding infant milk substitutes, including teats and valves.

    Prohibitions

    • Ban on incentives for promoting infant milk substitutes and feeding bottles.
    • Restrictions on distribution of infant milk substitutes and feeding bottles outside designated healthcare organizations.
    • Prohibition against using health care systems for promoting infant nutrition products.

    Health Worker Regulations

    • Only health workers are allowed to demonstrate feeding techniques with infant milk substitutes.
    • Health workers must inform parents of potential hazards associated with improper use of substitutes.

    Standards and Compliance

    • Infant milk substitutes and feeding bottles must meet Bureau of Indian Standards.
    • Containers and labels must comply with specific requirements outlined in the Act.

    Enforcement Powers

    • Authorized officers can conduct searches and seize infractions related to the Act.
    • Seized products must not be held for more than 90 days without judicial approval.
    • Detailed procedures for adjudication and confiscation of non-compliant products.
    • Rights for the accused to receive notifications and make representations against confiscation.

    Appeals and Penalties

    • Provision for appeals against confiscation decisions or cost assessments.
    • Establishes that offenses related to the Act are cognizable and bailable.

    Protection Clauses

    • Protection for actions taken in good faith under the Act, shielding healthcare professionals from legal repercussions when compliant with regulations.

    Additional Context

    • The Act stands alongside earlier regulations, ensuring consistency and protection in infant nutrition.
    • Promotes awareness and education regarding breastfeeding and proper nutrition for infants as critical health issues.

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    Description

    This quiz provides an overview of the Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. Test your knowledge on the definitions, extent, and commencement of this important legislation in India.

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