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Drugs and Cosmetics Act, 1940


18. Prohibition of manufacture and sale of certain drugs and cosmetics

From such 74date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf-

(a) 75[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute-

76[(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious;

(ii) any cosmetic which is not of a standard quality or is misbranded or spurious;]

77[(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 75[the true formula or list of active ingredients contained in it together with the quantities thereof;],

(iv) any drug which by means of any statement design or device accompanying it or by any other means, purports or claims 78[to prevent, cure or mitigate] any such disease or ailment, or to have any such other effect as may be prescribed;

79[(v) any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;

(vi) any drug or cosmetic in contravention of any of the provisions of this Chapter or any rule made thereunder;]

(b) 75[sell or stock or exhibit or offer for sale,] or distribute any drug 80[or cosmetic] which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder;

(c) 75[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute any drug 81[or cosmetic], except under, and in accordance with the conditions of, a license issued for such purpose under this Chapter:

Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis:

Provided further that the 82[Central Government] may, after consultation with the Board, by notification in the Official Gazette permit, subject to any conditions specified in the notification, the 83[manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale] or distribution of any drug or class of drugs not being of standard quality.



Drugs and Cosmetics Act, 1940 Back




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