16. Standards of quality.— [(1)(Note: Subs. by Act 21 of 1962, sec.12, for sub-section (1) (w.e.f. 27-7-1964)) For the purposes of this Chapter, the expression "standard quality" means –

(a) In relation to a drug, that the drug complies with the standard set out in [the Second Schedule], and

(b) In relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.]

(2) The [(Note: Subs. by Act 11 of 1955, sec.8, for "State Government".) Central Government], after consultation with the Board and after giving by notification in the Official Gazette not less than three months’ notice of its intention so to do, may by a like notification add to or otherwise amend [(Note: Subs. by Act 13 of 1964, sec.11, for "the Schedule" (w.e.f. 15-9-1964)) the Second Schedule] for the purposes of this Chapter, and thereupon [(Note: Subs. by Act 13 of 1964, sec.11, for "the Schedule" (w.e.f. 15-9-1964)) the Second Schedule] shall be deemed to be amended accordingly.

COMMENTS

The standards of qualities are fixed by the Government after due deliberation and after consulting a committee of competent men, it is for them to give due allowance forprobable errors before fixing a standard. When a standard has been fixed it has to be observed strictly; State of Kerala v.Vasudevan Nair, 1974 KLT 617 (FB): 1975 Cri LJ 97.