Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Subject to the provisions of sub-section (4) of section 8, no person shall donate or distribute--
- (a)infant milk substitutes or 1[feeding bottles or infant foods] to any other person except to an orphanage;
- (b)any informational or educational equipment or material relating to infant milk substitutes or 1[feeding bottles or infant foods]: Provided that nothing in this clause shall apply to the donation or distribution, subject to such conditions and restrictions as may be prescribed, of such equipment or material through the health care system.
Summary
- You cannot donate or distribute infant milk substitutes, feeding bottles, or infant foods to any person except an orphanage.
- You cannot donate or distribute any informational or educational equipment or materials relating to these products directly to people.
- However, there is an exception: you can donate or distribute educational equipment or materials through the health care system if you follow prescribed conditions and restrictions.
- This section also forces you to follow Section 8 when donating. Section 8 allows specific health care institutions to distribute formula to mothers who physically cannot breastfeed and are too poor to buy it.
Practical examples
FAQ
1. Can a charity distribute baby formula directly to poor families in a village?
No, donations of infant milk substitutes are not allowed to any person except an orphanage, unless done by a health care organization for a mother who cannot breastfeed and cannot afford it.
2. Can I donate baby feeding bottles to an orphanage?
Yes, orphanages are specifically exempted and can receive donations of these items.
3. Can a formula company give out educational booklets directly to mothers?
No, educational materials relating to these products can only be donated or distributed through the health care system under specific conditions.
Test yourself
Q1.Under Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, who is the ONLY person or entity (ignoring the Section 8 exception) you are generally allowed to donate infant milk substitutes to?
Q2.Under Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, how can educational material about feeding bottles be legally distributed?
Q3.Under Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, what materials are banned from general donation besides the foods and bottles themselves?
Q4.Under Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, how does the cross-reference to Section 8 change the general rule against distributing feeding bottles?
Q5.Under Section 5 of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992, if a private citizen wants to distribute feeding bottles to mothers who simply prefer not to breastfeed, what happens in light of the Section 8 cross-reference?