Infant Milk Substitutes Feeding Bottles And Infant Foods Regulation Ofproduction Supply And Distribution Act 1992 Section 15 Power To Give Option To Pay Cost In Lieu Of Confiscation - Judgment Search Results

J.L. Morison (India) Ltd. and anr. Vs. State of Bihar and ors.

Court: Patna

defined under Section 2 (e), (f) and (g) of the Infant Act.5. In my view, submission of Mr. Choudhary appears sound the rules, no person shall produce, supply, or distribute infant milk substitute or infant food unless every container thereof or labels his power conferred under Section 12 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and experience regarding improper use and supply of infant milk substitute, feeding accessories and infant foods, thought it necessary to regulate the engaged in manufacture, distribution and marketing of baby feeding plastic bottles in the name and style of 'Morrison Plastic Feeding Bottle, and supply of infant milk substitute, feeding accessories and infant foods, thought it necessary to regulate the marketing of such products to regulate the marketing of such products by providing a regulation for production, supply and distribution. Hence, by Act No. 41 keeping in mind the past experience regarding improper use and supply of infant milk substitute, feeding accessories and infant foods, thought petitioner No. 1 is a registered company engaged in manufacture, distribution and marketing of baby feeding plastic bottles in the name as required under Sub-section (1) of Section 11 of the Act. Therefore, in my view, the Food Inspector having found that production, supply and distribution. Hence, by Act No. 41 of 1992, it introduced Infant Act' in question. Sub-section (c) of Section having found that petitioners had contravened the mandatory requirement of Section 11 of the Infant Act, had no option but to Food Inspector, Patna (respondent No. 2) in exercise of his power conferred under Section 12 of the Infant Milk Substitutes, Feeding requirement of Section 11 of the Infant Act, had no option but to seize such commodity as required under Section 12 has been or is being contravened. Likewise, the provisions of confiscation, adjudication of the dispute and imposition of penalty etc. have

Glaxo India Ltd. Vs. State of Assam and ors.

Court: Guwahati

as under :'37A. Manufacture of proprietary and effectively foods and infant milk Substitute/infant foods. - (1) An article of infant milk under :'37A. Manufacture of proprietary and effectively foods and infant milk Substitute/infant foods. - (1) An article of infant milk substitutes/infant milk Substitute/infant foods. - (1) An article of infant milk substitutes/infant foods whose standards are not prescribed in Appendix 'B', shall lack of Specification and elaboration to make the articles of foods, i.e., GLUCON-'C'and GLUCON-'D'misbranded, prosecution has failed to establish a prima which provides extra energy required by the body and it supplies instant energy for the family. Accordingly preparation of this is outside thereof within the limits of variability prescribed under this Act;(g) if the package containing it, or the label on the Magistrate, Kamrup at Guwahati and in C.R case No. 181/ 1992 now pending in the Court of Chief Judicial Magistrate, Jorhat for prosecution of the petitioner under Section 7 read with Section 16 of the Act. The complainant'/Respondent No. 3, Food Inspector p.p.m.Sulphur dioxide may be present In an amount not exceeding 150p.pm. if the product is Intended for manufacture' of confectionery to of the facts and circumstances of the case, the inherent power of this Court may be exercised either to prevent the

Nepd Marketing Pvt. Ltd. and anr. Vs. State of Assam

Court: Guwahati

to the packages of aspartame and infant milk substitute and infant food.Provided also that the declaration of best before date for package or bottle containing sterilized or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, be applicable to the packages of aspartame and infant milk substitute and infant food.Provided also that the declaration of best before shall be enforced as per the Schedule given below. The bottles on which the year of manufacture is not embossed, the as already indicated above, storage simplicitor of adulterated article of food or even noxious food is not in itself an offence book. The safeguards provided to an accused under the PFA Act and the PFA Rules cannot be skirted or discarded by of Haryana and Ors. v. Bhajanlal and Ors. reported in 1992 Supp (1) SCC 335, laid down as follows:102. In the and non-bailable.20. From a careful reading of the provisions of Section 20 of the PFA Act, what transpires is that an cognizable offence justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate or the complaint and that the extra ordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to jurisdiction to investigate an offence under the PFA Act and give a go-bye to the provisions of the PFA Act and

Nestle India Limited and anr Vs. Union of India and ors

Court: Delhi

Information on containers and labels of infant milk substitutes or infant foods. Clause(1) of Section 6 provides that:- Without prejudice to your baby in capital letters; (ii) a statement that infant milk substitutes or infant food should be used only on the deals with Information on containers and labels of infant milk substitutes or infant foods. Clause(1) of Section 6 provides that:- Without a special legislation enacted for the purpose of encouraging breast feeding in mothers and dealing with infant substitutes and food products. 3,6(1)(a), 6(1)(b), 6(1)(c ), of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act (c) of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Rules, 1993 (hereinafter referred be in the form of rules made under the Act, regulations made under the Act, etc.; (4) Administrative orders or executive and the IMS Rules, in order to regulate the production, supply and distribution of infant milk substitutes and infant foods which Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within my cognizance. And I hereby direct was called from the Food Inspector/Public Analyst for taking immediate action for implementation of the provisions of the IMS Act.9. In and Infant foods (Regulation of Production, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act) and Rules 6 imperative. xxxx xxxx xxxx 22. TOHO being a special statute, Section 4 of the Code, which ordinarily would be applicable for a health worker.. (by amendment made in PFA Rules w.e.f. 15.09.1997.7. Rule 33 Language of the particulars on the labels shall Directorate of Health is completely misconceived. The Central Government has power to issue such directions only under Section 22A of the in the marketing of infant milk substitutes no impression is given that feeding of these products is equivalent to, or better officer in charge of Gurgaon Police Station had no other option but to hand over the investigation to the appropriate authority.

Nestle India Limited and anr Vs. Union of India and ors

Court: Delhi

among mothers and to ensure curtailment of rampant use of infant milk substitutes instead of breast feeding in infants. However, the or infant food IMPORTANT NOTICE- or their advertisement shall BREAST MILK IS BEST contain letters not less than 5 FOR YOUR regards the label exhibited by the petitioner company on infant substitutes products, it is noticeable that the said labels were printed Rules have to be implemented. There are no standards of feeding bottler under PFA Rules but these have to be seen other form of sales promotion of infant milk substitutes, feeding bottles and teats. The Code, in accordance with this general principle 20(2) of The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 and within be in the form of rules made under the Act, regulations made under the Act, etc.; (4) Administrative orders or executive Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Rules, 1993 (hereinafter referred to as the IMS Feeding Bottles and Infant Foods (Regulation of production supply and Distribution) Act 1992 by printing the notice BREAST MILK IS BEST the PFA Act. In fact, the provisions of the IMS Act are in addition to the PFA Act. (i) The Union and Infant Foods (Regulation of production supply and Distribution) Act 1992 by printing the notice BREAST MILK IS BEST FOR YOUR which would invalidate it, the former should be preferred. (d) Section 25 of the IMS Act provides that the provisions of UNDER IMS ACT AND RULES 01 08.1993 POSITION AFTER AMENDMENT 15 09.1997 Provisions Rule 37-B(2)(i) Section 6(1)(a) IMPORTANT NOTICE IMPORTANT BREAST 13(3)(iv) of TOHO. While doing so, it could exercise such powers which are otherwise vested in it. But, as it could in the marketing of infant milk substitutes no impression is given that feeding of these products is equivalent to, or better to reconcile the same were ongoing. The said letter gave options to the manufactures to follow either one of the enactments

Nestle India Ltd. Vs. State of Delhi and anr.

Court: Delhi

6 (1)(c) of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter made there under for the purposes of labeling of Infant Milk Foods/substitutes, without being exposed to the penal provisions under the (1)(a), 6 (1)(b) & 6 (1)(c) of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and the legislature intended to provide additional remedy for promoting breast feeding among mothers and to ensure curtailment of rampant use of (1)(b) & 6 (1)(c) of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, there under for the purposes of labeling of Infant Milk Foods/substitutes, without being exposed to the penal provisions under the said Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Feeding Bottles and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act). A IMS Act and PFA Rules as framed under the PFA Act and which has also been noted by the Government in and Infant Foods (Regulation of Productions, Supply and Distribution) Act, 1992 (hereinafter referred to as the IMS Act). A detailed order averment that the petitioner company was violating the provisions of Sections 6 & 7 of the IMS Act as the products time when the alignment of the Rules was made on 15.04.1997 was fully complying with the provision of the more stringent learned senior counsel appearing for the petitioner had restricted the scope of the aforenoted writ petition to relief (ii) only. 5 to reconcile the same were ongoing. The said letter gave options to the manufactures to follow either one of the enactments

R.D. Upadhyay Vs. State of A.P. and ors.

Court: Supreme Court of India

Reported in: AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336

Council of Medical Research, Hyderabad, for a balanced diet for infants and children ranging from 6 months to 6 years of children under the age of one year are provided with milk and sugar. Provision is also made for ration for children (Care and Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and and Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Protection of Children) Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, Act, 2000, the Infant Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic child in adequate quantities.10. Jail Manual and/or other relevant Rules, Regulations, instructions etc. shall be suitably amended within three months so Milk Substitutes, Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic Techniques (Regulation and Prevention Feeding Bottles and Infant Foods, (Regulation of Production, Supply and Distribution) Act, 1992, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995, Immoral Traffic (Prevention) Act, 1986.4. The Juvenile Justice Act, 2000 replaced the Juvenile Justice Act, 1986 to comply with the child which has been acceded to by India in 1992. In addition to above, the national policy for children was special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes been regarded as a primary consideration in our Constitution. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or shows sufficient cause to the State Government or the concerned authority. This can be utilized to grant parole to pregnant women. Article 39(f) directs the State to ensure that children are given opportunities and facilities to develop in a healthy manner and As far as possible and provided she has a suitable option, arrangements for temporary release/parole (or suspended sentence in case of things, toys etc. are provided to the children at Government cost or through NGOs.In Punjab, children under the age of one

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court: Punjab and Haryana

National Housing Bank Act72. Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, of Human Organs and Tissues Act, 1994; and (d) Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply of victim as defined in Section 2(wa) of the Code substitutes the fiRs.part and CRM-790-MA-2010 final - 31 - becomes operative Act72. Railways Act73. Public Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) and Tissues Act, 1994; and (d) Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, Liability Insurance Act74. Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council of Act30. Securities Contracts (Regulation) Act31. Mines and Minerals (Development and Regulation) Act32. Delhi Rent Control Act33. Children Act34. Geneva Conventions Act35. Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council of India Act76. The Securities Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act75. Rehabilitation Council of India Act76. The Securities And Exchange of India Act76. The Securities And Exchange Board of India Act77. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 whereunder besides the designated Government official a social and voluntary at this stage that no amendment has been brought in Section 378 of the Code under the 2008 Amendment Act. (35).It passed by any Court other than a CRM-790-MA-2010 final - 15 - High Court. The Law Commission of India in its harm as a result of crime and the abuse of power and that the rights of these victims have not been (90).It hardly calls for a debate that the varied rights given to the State, the victim or a complainant under Chapter both the remedies though he can avail of only one option. (46).There is thus lack of unanimity on the constituent and child of a deceased victim only are entitled to the payment of compensation under Section 357(1)(c) of the Code; (iii) in from the rigors of Section 378 (3) or (4).the high cost of litigation in the High Court will dissuade him from

Mohammed Ajmal Vs. Food Inspector

Court: Kerala

Reported in: 2002CriLJ2525

foods and infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant foods whose standards are not prescribedin Appendix 'B', 37A reads as follows:-'37A. Manufacture of proprietary foods and infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant foods infant milk substitute/infant foods.- (1) An article of infant milk substitutes/infant foods whose standards are not prescribedin Appendix 'B', shall be its label from Government ofIndia. (2) In case of proprietary foods, the name of the food or category under which it its true character, it is misbranded.Under Section 7(ii) of the Act, sale of misbranded food is prohibited and the same is complaint cannot be quashed.4. The word 'misbranded' is defined in Section 2(ix) of the Act. Of course if thearticle of food

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court: Chennai

Reported in: (2008)7MLJ1119; 2009(40)PTC653(Mad)

consumption of (a) cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 of (a) cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) (a) cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates cigarettes, alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates that alcohol or other intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates that 'the intoxicants and (b) infant milk substitutes, feeding bottles or infant foods. But rule 7 (4) stipulates that 'the goods or services Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008, were issued in U.K., in May 2008 in implementation that are not intended to be offered for sale or supply at the bargain price, or for a period that is, Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution)Act, 2003, prohibiting the advertisement of Cigarettes and other Tobacco Products(xii)The 7 of the Cable Television Network Rules (or the Competition Act, 2002). But there is no effective mechanism under the Cable Section 2(1)(r) of the Consumer Protection Act, 1986. But once Section 66 of The Competition Act,2002 is notified and the MRTP inserted under Amendment Act 62 of 2002 with effect from 15-3-2003, enables the Consumer Forum to pass interim orders. Similarly, Section appear to have been notified so far). But fortunately, the power to enquire into complaints of unfair trade practices is also the first all round protection toothpaste (iii) that Anchor toothpaste gives 30% more cavity protection and (iv) that the Triclosan contained advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement.Thus