Lok Sabha Question No. 4794 (UNSTARRED), answered on 2018-03-23
Subject: Violation of IMS Act
Ministry: HEALTH AND FAMILY WELFARE
Asked by: SEETARAM AJMEERA NAIK, HARI BABU KAMBHAMPATI

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED QUESTIO N NO. 4794 TO BE ANSWERED ON 23 rd MARCH, 2018

## VIOLATION OF IMS ACT

## 4794. PROF. A.S.R. NAIK: DR. KAMBHAMPATI HARIBABU:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  certain  types  of  baby foods  are  exempted  from  the  Infant  Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 and i tsregulations, if so, the details thereof and the reasons therefor;
- (b) whether the Government has allowed the Food Safety and Standards Authority of India (FSSAI) to undertake any project in relation to infant milk substitutes in partnership with certain NGOs of Indian or foreign origin and if so, the details thereof;
- (c) whether the Government has received any complaints regarding violations of IMS Act by certain baby food companies in the healthcare system, if so, the details thereof and the act ions takentherein;

(d) whether it is true that Government is considering any proposal by FSSAI to add more product to the exemption list, if so, the details thereof and the reasons therefor; and

(e) whether there are medical conditions where breastfeeding is absolutely contraindicated, if so, the details and the reasons thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI ASHWINI KUMAR CHOUBEY)

(a): The  draft  regulations  of  Foods  for  Infant  Nutrition  under  development  has - been harmonized with Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulatio Production, Supply and Distribution) Act, 1992 except the labelling provision 'MOTHER'S MILK IS BEST FOR YOUR BABY' in case of infant food for special medical purposes where  breastfeeding  is  contraindicated  on  medical  grounds  for  disease(s),  disorder medical condition(s).

In  the  absence  of  standards  on  food  for  Inborn  Errors  of  Metabo lism(IEM)  and hypoallergenic  conditions  and    considering  the  critical  shortage  of  specialised  d children  with  IEM  known  as  Food  For  Special  Medical  Purposes  (FSMP),  FSSAI  at  the request of medical community and the parent support groups has permitt ed as an interim measure,  the  import  and  domestic  production  of  identified  FSMPs  vide  direction  da 2.11.2016 under Section 16(5) of Food Safety and Standards Act, 2006 to ensure that critical  medical  requirement  for  children  with  these  conditions  c ould  be  met.  Process  of developing  standards  for  such  products  has  also  been  expedited.  All  imported  fo including infant foods have to comply with the provisions of the Food Safety and Stan (Import) Regulations including due examination of composit ion, label and claims.

(c): Yes. In the complaints, the violation of IMS Act is alleged stating, inter -alia, that it goes against the direction of the Government and discourages breast feeding. The same been examined and addressed by harmoni zing the provisions of Food  for Medical Purposes (FSMPs) which are being developed by FSSAI under draft regulations on Foods for Infa Nutrition with  IMS Act  except the labelling provision 'MOTHER'S MILK  IS BEST FOR YOUR BABY' where breastfeeding  is  cont raindicated  on  medical  grounds  for  disease(s), disorder(s) or medical condition(s).

(d): No such proposal has been received from FSSAI.

(e): Yes. In case of some IEM conditions such as galactosemia, an infant cannot dig mother's milk. Hence, breastf eeding is contraindicated on medical grounds.