Lawgist2Definitions
In this Act, unless the context otherwise requires,--
1[(a) "advertisement" includes any notice, circular, label, wrapper or any other document or visible representation or announcement made by means of any light, sound, smoke or gas or by means of electronic transmission or by audio or visual transmission;]
(b) "container" means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapper or other thing in which any infant milk substitute, feeding bottle or infant food is placed or packed for sale or distribution;
(c) "feeding bottle" means any bottle or receptacle used for the purpose of feeding infant milk substitutes, and includes a teat and a valve attached or capable of being attached to such bottle or receptacle;
(d) "health care system" means an institution or organisation engaged, either directly or indirectly, in health care for mothers, infants or pregnant women, and includes a health worker in private practice, 2[a pharmacy, drug store and any association of health workers];
(e) "health worker" means a person engaged in health care for mothers, infants or pregnant women;
(f) "infant food" means any food (by whatever name called) being marketed or otherwise represented as a complement to mothers milk to meet the growing nutritional needs of the infant 3[after the age of six months and up to the age of two years];
(g) "infant milk substitute" means any food being marketed or otherwise represented as a partial or total replacement for mothers milk 4[for infant up to the age of two years];
(h) "label" means a display of written, marked, stamped, printed or graphic matter affixed to, or appearing upon, any container;
(i) "prescribed" means prescribed by rules made under this Act;
5[(j) "promotion" means to employ directly or indirectly any method of encouraging any person to purchase or use infant milk substitute, feeding bottle or infant food.]
(2) Any reference in this Act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
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1. Subs. by Act 38 of 2003, s. 2, for clause (a) (w.e.f. 1-11-2003).
2. Subs. by s. 2, ibid., for "but does not include a pharmacy or drug store" (w.e.f. 1-11-2003).
3. Subs. by s. 2, ibid., for "after the age of four months" (w.e.f. 1-11-2003).
4. Subs. by s. 2, ibid., for ", whether or not it is suitable for such replacement" (w.e.f. 1-11-2003).
5. Ins. by s. 2, ibid. (w.e.f. 1-11-2003).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Certain prohibitions in relation to infant milk substitutes, feeding bottles and infant foods
- 4 Prohibition of incentives for the use or sale of infant milk substitutes or feeding bottles
- 5 Donations of infant milk substitutes or feeding bottles or equipment of materials relating thereto
- 6 Information on containers and labels of infant milk substitutes of infant foods
- 7 Educational and other materials relating to feeding of infants to contain certain particulars
- 8 Health care system
- 9 Inducement to health worker for promoting use of infant milk substitutes, etc
- 10 Special provision relating to employees of person who produces, supplies, distributes or sells infant milk substitutes, etc
- 11 Standards of infant milk substitutes, feeding bottles or infant foods
- 12 Powers of entry and search
- 13 Power to seize infant milk substitutes, etc., or containers thereof
- 14 Confiscation
- 15 Power to give option to pay cost in lieu of confiscation
- 16 Confiscation not to interfere with other punishments
- 17 Adjudication
- 18 Giving of opportunity to the owner of the seized infant milk substitute or feeding bottle or infant food or container thereof
- 19 Appeal
- 20 Penalty
- 21 Cognizance of offences
- 22 Offences by companies
- 23 Offences to be cognizable and bailable
- 24 Protection of action taken in good faith
- 25 Application of Act 37 of 1954 not barred
- 26 Power to make rules
