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Questions and Answers
What action is prohibited concerning the advertisement of infant milk substitutes?
What action is prohibited concerning the advertisement of infant milk substitutes?
Which of the following statements about incentives for the sale of infant milk substitutes is true?
Which of the following statements about incentives for the sale of infant milk substitutes is true?
Which clause related to infant foods was amended by the Act 38 of 2003?
Which clause related to infant foods was amended by the Act 38 of 2003?
What is a consequence of creating the belief that infant milk substitutes are better than mother's milk?
What is a consequence of creating the belief that infant milk substitutes are better than mother's milk?
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Which activity is allowed under the regulations concerning infant milk substitutes?
Which activity is allowed under the regulations concerning infant milk substitutes?
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What is prohibited with regard to the health care system concerning infant milk substitutes?
What is prohibited with regard to the health care system concerning infant milk substitutes?
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Who is allowed to demonstrate feeding with infant milk substitutes to mothers?
Who is allowed to demonstrate feeding with infant milk substitutes to mothers?
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What should be explained to mothers regarding infant milk substitutes?
What should be explained to mothers regarding infant milk substitutes?
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Who can distribute infant milk substitutes to a mother unable to breastfeed?
Who can distribute infant milk substitutes to a mother unable to breastfeed?
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Under what condition can an orphanage purchase infant milk substitutes or feeding bottles at a lower price?
Under what condition can an orphanage purchase infant milk substitutes or feeding bottles at a lower price?
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What type of payment is prohibited regarding the promotion of infant milk substitutes?
What type of payment is prohibited regarding the promotion of infant milk substitutes?
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What materials are exempt from the ban on distribution within health care systems?
What materials are exempt from the ban on distribution within health care systems?
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What is allowable when disseminating information related to infant milk substitutes?
What is allowable when disseminating information related to infant milk substitutes?
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What is the primary purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992?
What is the primary purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act, 1992?
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Which of the following best describes 'infant milk substitute' as per the Act?
Which of the following best describes 'infant milk substitute' as per the Act?
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What does the term 'feeding bottle' encompass according to the Act?
What does the term 'feeding bottle' encompass according to the Act?
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What is identified as a 'health care system' under the Act?
What is identified as a 'health care system' under the Act?
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Which of the following correctly refers to an 'advertisement' as defined by the Act?
Which of the following correctly refers to an 'advertisement' as defined by the Act?
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What does the term 'label' refer to in the context of the Act?
What does the term 'label' refer to in the context of the Act?
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What age range does the Act's definition of 'infant food' cover?
What age range does the Act's definition of 'infant food' cover?
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What does 'promotion' mean in the context of the Act?
What does 'promotion' mean in the context of the Act?
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What is required before any feeding bottle can be sold or distributed?
What is required before any feeding bottle can be sold or distributed?
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Who has the authority to enter and search places related to the trade of infant milk substitutes?
Who has the authority to enter and search places related to the trade of infant milk substitutes?
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What can a Food Safety Officer do if they believe an infant milk substitute's regulations are being violated?
What can a Food Safety Officer do if they believe an infant milk substitute's regulations are being violated?
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How long can a seized bottle or food item be retained by a Food Safety Officer without further approval?
How long can a seized bottle or food item be retained by a Food Safety Officer without further approval?
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What must happen if the Food Safety Officer wants to retain a seized item beyond 90 days?
What must happen if the Food Safety Officer wants to retain a seized item beyond 90 days?
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What does the Code of Criminal Procedure, 1973 apply to in this context?
What does the Code of Criminal Procedure, 1973 apply to in this context?
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Which is a necessary action for the authorized officer if they suspect regulations regarding infant foods are being contravened?
Which is a necessary action for the authorized officer if they suspect regulations regarding infant foods are being contravened?
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What does the term 'feeding bottle' refer to in this context?
What does the term 'feeding bottle' refer to in this context?
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Who is responsible for conducting the prosecution when a complaint is made by an authorized representative of a voluntary organization?
Who is responsible for conducting the prosecution when a complaint is made by an authorized representative of a voluntary organization?
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What must an individual prove to avoid liability if an offense was committed by a company?
What must an individual prove to avoid liability if an offense was committed by a company?
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In the context of offenses committed by a company, who besides the company can also be deemed guilty?
In the context of offenses committed by a company, who besides the company can also be deemed guilty?
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What terms are used to describe offenses punishable under this Act?
What terms are used to describe offenses punishable under this Act?
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Which statement accurately describes what constitutes a 'company' under this section?
Which statement accurately describes what constitutes a 'company' under this section?
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What happens when a company commits an offense with the consent of a company officer?
What happens when a company commits an offense with the consent of a company officer?
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What type of legal liability exists for individuals in charge of a company when an offense occurs?
What type of legal liability exists for individuals in charge of a company when an offense occurs?
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What are the legal implications for a director in relation to offenses committed by a firm?
What are the legal implications for a director in relation to offenses committed by a firm?
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What is forbidden regarding the promotion of infant milk substitutes?
What is forbidden regarding the promotion of infant milk substitutes?
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All advertisements for infant milk substitutes created a belief that they are superior to mother's milk.
All advertisements for infant milk substitutes created a belief that they are superior to mother's milk.
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What must be avoided in order to comply with the Infant Milk Substitutes Act regarding feeding bottles?
What must be avoided in order to comply with the Infant Milk Substitutes Act regarding feeding bottles?
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Which of the following best describes 'infant food' according to the Act?
Which of the following best describes 'infant food' according to the Act?
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No person shall create a belief that ___ are equivalent to mother's milk.
No person shall create a belief that ___ are equivalent to mother's milk.
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A feeding bottle only refers to the actual bottle and does not include teats and valves.
A feeding bottle only refers to the actual bottle and does not include teats and valves.
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What does the term 'label' refer to in the context of the Act?
What does the term 'label' refer to in the context of the Act?
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Match the following terms with their definitions as per the Act:
Match the following terms with their definitions as per the Act:
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An infant milk substitute is marketed as a ______ for mother’s milk for infants up to the age of two years.
An infant milk substitute is marketed as a ______ for mother’s milk for infants up to the age of two years.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which of the following is included in the definition of 'advertisement' as per the Act?
Which of the following is included in the definition of 'advertisement' as per the Act?
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A health care worker is defined in the Act as any individual involved in health care for mothers and pregnant women.
A health care worker is defined in the Act as any individual involved in health care for mothers and pregnant women.
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The Act shall come into force on such date as the Central Government may notify in the __________.
The Act shall come into force on such date as the Central Government may notify in the __________.
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Who is permitted to demonstrate feeding with infant milk substitutes to mothers?
Who is permitted to demonstrate feeding with infant milk substitutes to mothers?
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An organization that provides health care for mothers can distribute infant milk substitutes to mothers who cannot breastfeed.
An organization that provides health care for mothers can distribute infant milk substitutes to mothers who cannot breastfeed.
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What must be explained to mothers regarding the use of infant milk substitutes?
What must be explained to mothers regarding the use of infant milk substitutes?
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A person who produces infant milk substitutes is prohibited from making payments to any person in the _____ for promoting such products.
A person who produces infant milk substitutes is prohibited from making payments to any person in the _____ for promoting such products.
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Which group may purchase infant milk substitutes at a lower price?
Which group may purchase infant milk substitutes at a lower price?
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Match the following actions with their descriptions:
Match the following actions with their descriptions:
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What is the primary restriction placed on health care systems regarding infant milk substitutes?
What is the primary restriction placed on health care systems regarding infant milk substitutes?
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What must a person selling infant milk substitutes ensure regarding their products?
What must a person selling infant milk substitutes ensure regarding their products?
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It is permissible for producers of infant milk substitutes to offer financial inducements to health workers.
It is permissible for producers of infant milk substitutes to offer financial inducements to health workers.
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It is permissible for individuals to distribute materials promoting infant foods within health care systems.
It is permissible for individuals to distribute materials promoting infant foods within health care systems.
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What is the consequence for employees of a person who sells infant milk substitutes concerning educational functions?
What is the consequence for employees of a person who sells infant milk substitutes concerning educational functions?
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No person shall sell any infant milk substitute unless it conforms to the standards specified under the _______.
No person shall sell any infant milk substitute unless it conforms to the standards specified under the _______.
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Match the following terms related to infant milk substitutes with their descriptions:
Match the following terms related to infant milk substitutes with their descriptions:
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Which of the following actions is prohibited for persons selling infant milk substitutes?
Which of the following actions is prohibited for persons selling infant milk substitutes?
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Employees of producers of infant milk substitutes can perform educational roles regarding prenatal care.
Employees of producers of infant milk substitutes can perform educational roles regarding prenatal care.
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What must a person do if there are no specified standards for an infant food before selling it?
What must a person do if there are no specified standards for an infant food before selling it?
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What must an individual prove to avoid liability if an offence was committed by a company?
What must an individual prove to avoid liability if an offence was committed by a company?
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An offence punishable under this Act is non-bailable and cognizable.
An offence punishable under this Act is non-bailable and cognizable.
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Who takes charge of the prosecution when a complaint is filed by a representative of a voluntary organization?
Who takes charge of the prosecution when a complaint is filed by a representative of a voluntary organization?
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A _____ means any body corporate and includes a firm or other association of individuals.
A _____ means any body corporate and includes a firm or other association of individuals.
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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Which statement is true regarding the liability of company officers?
Which statement is true regarding the liability of company officers?
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The term 'director' in relation to a firm refers to a shareholder.
The term 'director' in relation to a firm refers to a shareholder.
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What happens if it is proved that a company offence was committed with the connivance of an officer?
What happens if it is proved that a company offence was committed with the connivance of an officer?
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What is prohibited concerning incentives related to infant milk substitutes?
What is prohibited concerning incentives related to infant milk substitutes?
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Which of the following is NOT a provision of the Act regarding containers and labels of infant milk substitutes?
Which of the following is NOT a provision of the Act regarding containers and labels of infant milk substitutes?
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What authority does a Food Safety Officer have under the Act when they suspect violations?
What authority does a Food Safety Officer have under the Act when they suspect violations?
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Which section of the Act deals with the standards set for infant milk substitutes, feeding bottles, and infant foods?
Which section of the Act deals with the standards set for infant milk substitutes, feeding bottles, and infant foods?
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Under the Act, what happens when an individual is found guilty of an offense committed by a company?
Under the Act, what happens when an individual is found guilty of an offense committed by a company?
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Which of the following does the Act stipulate regarding health care systems?
Which of the following does the Act stipulate regarding health care systems?
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What legal recourse is available if the owner of a seized infant milk substitute items wants to contest the seizure?
What legal recourse is available if the owner of a seized infant milk substitute items wants to contest the seizure?
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What is one of the primary purposes outlined in the Act regarding infant milk substitutes?
What is one of the primary purposes outlined in the Act regarding infant milk substitutes?
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Which restriction applies to individuals or organizations distributing infant milk substitutes?
Which restriction applies to individuals or organizations distributing infant milk substitutes?
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What is the responsibility of a health worker when demonstrating feeding with infant milk substitutes?
What is the responsibility of a health worker when demonstrating feeding with infant milk substitutes?
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Which of the following actions is explicitly allowed concerning educational materials about infant milk substitutes?
Which of the following actions is explicitly allowed concerning educational materials about infant milk substitutes?
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What is the main purpose behind the regulations in the health care system regarding infant milk substitutes?
What is the main purpose behind the regulations in the health care system regarding infant milk substitutes?
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Under what condition can an organization purchase infant milk substitutes at a reduced price?
Under what condition can an organization purchase infant milk substitutes at a reduced price?
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What must be true for a health care worker to legally demonstrate feeding with infant milk substitutes?
What must be true for a health care worker to legally demonstrate feeding with infant milk substitutes?
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Which specific actions are prohibited under the regulations regarding health care workers and infant milk substitutes?
Which specific actions are prohibited under the regulations regarding health care workers and infant milk substitutes?
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What requirement must be fulfilled before distributing feeding bottles according to regulations?
What requirement must be fulfilled before distributing feeding bottles according to regulations?
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Which of the following definitions accurately describes 'container' as per the Act?
Which of the following definitions accurately describes 'container' as per the Act?
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Under the Act, what is classified as a 'health care system'?
Under the Act, what is classified as a 'health care system'?
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Which of the following is true regarding the definition of 'promotion' in the context of the Act?
Which of the following is true regarding the definition of 'promotion' in the context of the Act?
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What does the term 'infant milk substitute' denote according to the Act?
What does the term 'infant milk substitute' denote according to the Act?
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Which of the following accurately characterizes 'label' as per the definitions in the Act?
Which of the following accurately characterizes 'label' as per the definitions in the Act?
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What aspect of the Act defines the scope of the term 'advertisement'?
What aspect of the Act defines the scope of the term 'advertisement'?
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What specific condition must a feeding bottle meet before it can be sold or distributed?
What specific condition must a feeding bottle meet before it can be sold or distributed?
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What is the age threshold for defining 'infant food' under the Act?
What is the age threshold for defining 'infant food' under the Act?
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What does the term 'feeding bottle' encompass as defined in the Act?
What does the term 'feeding bottle' encompass as defined in the Act?
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What is the maximum period a Food Safety Officer can retain a seized infant milk substitute without district approval?
What is the maximum period a Food Safety Officer can retain a seized infant milk substitute without district approval?
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In what circumstance can a Food Safety Officer enter and search premises related to infant milk substitutes?
In what circumstance can a Food Safety Officer enter and search premises related to infant milk substitutes?
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What action may a Food Safety Officer take if they believe the provisions regarding infant food are being contravened?
What action may a Food Safety Officer take if they believe the provisions regarding infant food are being contravened?
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Under the Act, who is authorized to oversee the production and distribution of infant milk substitutes?
Under the Act, who is authorized to oversee the production and distribution of infant milk substitutes?
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What must happen if a Food Safety Officer wishes to retain a seized item for longer than the allowable period?
What must happen if a Food Safety Officer wishes to retain a seized item for longer than the allowable period?
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Which of the following provisions does the Code of Criminal Procedure, 1973 relate to in this context?
Which of the following provisions does the Code of Criminal Procedure, 1973 relate to in this context?
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What distinguishes a Food Safety Officer from other officials in the enforcement of this Act?
What distinguishes a Food Safety Officer from other officials in the enforcement of this Act?
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What is the maximum pecuniary jurisdiction as specified for courts authorized by the Central Government to adjudicate confiscation of infant food items?
What is the maximum pecuniary jurisdiction as specified for courts authorized by the Central Government to adjudicate confiscation of infant food items?
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What requirement must be met before a court can make an order adjudicating confiscation of infant milk substitutes?
What requirement must be met before a court can make an order adjudicating confiscation of infant milk substitutes?
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What happens if no notice is given to the owner within ninety days from the seizure of the infant milk substitute?
What happens if no notice is given to the owner within ninety days from the seizure of the infant milk substitute?
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To which court can an individual appeal if they are dissatisfied with a confiscation decision?
To which court can an individual appeal if they are dissatisfied with a confiscation decision?
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What legislation's provisions apply to proceedings regarding confiscation of infant milk substitutes?
What legislation's provisions apply to proceedings regarding confiscation of infant milk substitutes?
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What is a possible consequence of the adjudication of confiscation under the relevant law?
What is a possible consequence of the adjudication of confiscation under the relevant law?
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What type of court has the authority to adjudicate on confiscation without limitations specified by the Central Government?
What type of court has the authority to adjudicate on confiscation without limitations specified by the Central Government?
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What is the role of the notice provided to the owner of the confiscated infant milk substitute?
What is the role of the notice provided to the owner of the confiscated infant milk substitute?
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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.
Important Legal Provisions
- 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.
Legal Status of Offences
- 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.
Legal Proceedings
- 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.