Section 15 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
- (1)Whenever any confiscation is authorised by this Act, the court adjudging it may, subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner thereof an option to pay in lieu of confiscation such cost not exceeding the value of the infant milk substitute or feeding bottle or infant food or container thereof in respect of which the confiscation is authorised as the court thinks fit.
- (2)On payment of the cost ordered by the court the seized infant milk substitute or feeding bottle or infant food or container shall be returned to the person from whom it was seized on the condition that such person shall, before making any distribution, sale or supply of such substitute or bottle or food or container, give effect to the provisions of this Act.
Summary
- A court can give an owner the option to pay a specific cost instead of having their goods permanently confiscated.
- The cost ordered by the court cannot be more than the total value of the seized items.
- Once the owner pays the ordered cost, the items are returned to them.
- Before the owner can distribute, sell, or supply the returned items, they must fix the legal issue so the items comply completely with the law.
Practical examples
FAQ
1. Can an owner get their confiscated items back?
Yes, the court may give the owner the option to pay a cost instead of facing permanent confiscation.
2. How much is the cost that the court can order the owner to pay?
The cost cannot exceed the overall value of the seized infant milk substitute, feeding bottle, infant food, or container.
3. Can the owner immediately sell the items after getting them back?
No, the owner must make sure the items follow all rules of the law before making any distribution, sale, or supply.
Test yourself
Q1.Under Section 15 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, what option can the court give to an owner in lieu of confiscation?
Q2.Under Section 15 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, what is the maximum limit for the cost an owner can pay to avoid confiscation?
Q3.Under Section 15 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, what condition must be met before the owner can sell the returned items?
Q4.Under Section 15 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, who decides to give the owner the option to pay a cost?
Q5.When reading Section 15 along with Section 14 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, what must happen first before an owner is given the option to pay a cost?