DRUG AND COSMETIC ACT:

This act is extended throughout the quality of drugs and cosmetics so as to prevent the hazardous
effects on health. The main purpose of the of the act is to prevent the import, manufacture,
distribution & sale of misbranded, adulterated, spurious drugs & and cosmetics. This act was
amended from time to time. The list of a mending acts is as below:

A) The repealing and amending act, 1949

B) The adaptation of law orders, 1950
C) The drugs act, 1951
D) The drugs act, 1955
E) The drugs act, 1960
F) The drugs act, 1962
G) The drug and cosmetic act, 1964
H) The drug and cosmetic act, 1972
I) The drug and cosmetic act, 1982
J) The drug and cosmetic act, 1995

Definitions:-

Cosmetic : It means any article intended to be rubbed, poured, sprinkled or sprayed on or

introduced into or otherwise applied to the human to the body or any part there of for cleaning,
beautifying , promoting attractiveness, or altering apprence and include any article intended for
use as a component of cosmetic.

DRUG: It includes....

 All medicines for internal or external use of human beings or animals and all substances
intend to be used for or in diagnosis ,treatment mitigation and prevention of any disease
or disorder in human being or animals including preparation applied to human body for
the purpose of repelling insects and mosquitoes.
 Such substances intended to affects the structure or any function of the human body
 All substances intended for use as components of a drug including empty gelatine
capsules.

The central government by notification in the official gazetle after consultation with board:

The drug technical advisory board:

It advice the central govt.on technical matters arising the out of the functions assigned to it by
this act the board shall consists of
  The director general of health services
 The drug controlled India
 The director of central drug laboratory , central research institute , Indian veterinary drug
institute and central drug ionstitute
 The president of medical counselling of India and pharmacy counselling of India
 Two persons nominated by central govt from among person who are in charge of drug
control in India
 One pharmacologist to be elected by the governing body of the Indian counselling of
medical research
 One person is elected by the central counselling of the Indian medical association
 One person to be elected by the counselling of the Indian pharmaceutical association
 Two person holding the appointment of govt analyst under this act to be nominated by
the central govt.

According to this act:

Miss branded drugs – A drug shall deem to be miss branded:

 If it is so coloured, coated , powdered or polish that damage is concealed or it is made to

appear of better or greater therapeutic value than it really is or
 If it is not labelled in the prescribed manner
 If its label or container or anything accompanying the drug bears any statement, design or
device which makes any false claim for the drugs or which is false or misleading in any
particular.

Miss branded cosmetics: A cosmetic shall be deemed misbranded:

 If it contains a colour which is not prescribed

 If it is not labelled in the prescribed manner
 If its label or container or anything accompanying the drug bears any statement, design or
device which makes any false claim for the drugs or which is false or misleading in any
particular.

Adulterated drugs or cosmetic: A drug or cosmetic deemed to be adulterated,

 If it consist, in whole or part of any filth, putrid or decomposed substances

 If it has been prepared, packed or stored under insanitary condition whereby it may have
been rendered injurious to health
 If its container is composed in whole or in part of any poisonous substances which may
render the content injurious to health.
  If the bears or contains, for purpose of colouring other than one which is prescribed
 If the contains any harmful or toxic substances render it injurious to health
 If any substances has been mixed therewith so as to reduce its quality or strength

SPURIOUS DRUG AND COSMETICS:

A drug and cosmetic to be spurious:
 If it is imported under a name which belongs to another drug
 If it is an imitation of, or a substitute for , another drug or resemble another drug
in a manner likely to deceive or bears up on its label or container the name of the
another drug
 If the label or the container bears the name of an individual of company
purporting to be manufacturer of the drug or cosmetic which individual or
company is fictious or does not exists
 It is purports to be the product of a manufacturer of whom it is not truly a product
 If it has been substituted wholly or in partially by another drug / cosmetic or
substances.

Power of inspector:

An inspector are within the local limits of area of his appointment can inspected by premises
where any drug or cosmetic is being manufactured, sold ,stocked are exhibited or offered sale.
He may take sample of drug or cosmetic where the drug or cosmetic is
manufactured,sold,stocked , exhibited or offered for sale or distributed and from any person who
is in course of conveying, delivering or preparing to delivered such drug or cosmetic to a
purchaser or a consignee. Taking the sample, he shall intimate such purpose in waiting in the
prescribed from to the person from who he takes the sample. He shall divide the sample into
three or four portions and effectively seal and suitably mark the same and permit such person to
add his own seal and mark them.

One portion sent to government analyst for test and one portion shall produce before court it any
instituted in respect of the drug and third, where taken, he shall sent to the person, if any, whose
name address and other particulars have been disclosed under section 18-A after getting the
report of test from the government analyst, he has to send the copy of the report to a person from
whom the sample was taken and shall retain one copy for use in any prosecution in respect of
sample. The cost of the test or analysis made by central drugs laboratory under sub section (4)
shall be paid by the complainant or accused as directed by court.