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Part
I
PROHIBITION IN RESPECT OF COSMETICS, DEVICES AND DRUGS
Licensing
of persons and Premises for manufacturing & c. cosmetics.
(1)
No person shall manufacture or import any cosmetic without a license
issued by the Cosmetics, Devices and Drugs Authority.
No
person shall manufacture, prepare, store or sell any cosmetic in any
premises unless such premises has been licensed by the Cosmetics,
Devices and Drugs Authority.
Prohibition
of Manufacture, importation sale and distribution of cosmetics.
3.(1)
No person shall manufacture, prepare, preserve, package or store for
sale any cosmetic under insanitary conditions.
(2)
No person shall import, distribute offer for sale or sell any cosmetic
that-
(a)
was manufactured , prepared, preserved, packaged or stored for sale
under insanitary conditions:
(b)
consists in whole or in part if any filthy or decomposed substance or
any foreign matter; or
(c)
has in or upon it any substance that may cause injury to the health
of the user when the cosmetic is used-
(i)
according to the directions on the label accompanying the cosmetic;
or
(ii)
for such purposes and by such methods of use as are customary or usual
in the use of that cosmetic.
Where
standard is prescribed for cosmetic.
4.
Where a standard is prescribed for any cosmetic, no person shall label,
package, sell, offer for sale or distribute any cosmetic which does
not conform to that standard in such a manner as is likely to
be mistaken for the cosmetic for which the standard has been prescribed.
Prohibition
on manufacture, importation, sale and distribution & c. of devices
5.
No person shall manufacture, import, sell, offer for sale or distribute
any device that may cause any injury to the health of the user when
that device is used-
(a)
under conditions that are customary or usual in the use of that device;
or
(b)
according to the direction on the label accompanying that device.
Licensing
of person for manufacture & c. of devices
6.
No person shall manufacture, import sell, offer for sale or distribute
any device without a license issued by the Cosmetics, Devices and Drugs
Authority.
Labeling
packaging and Advertising devices.
7.(1)
No person shall label, package, treat, process, sell or distribute or
offer for sale or advertise any device in a manner that is false,
misleading, deceptive or likely to create an erroneous impression regarding
its composition, merit or safety.
(2)
A device that is not labelled or packaged as required by the regulations
made under this Act or labelled or packaged contrary to those regulations
shall be deemed to be labelled or packaged contrary to subsection
(1).
Where
standard is prescribed for devices.
8.
Where a standard is prescribed for any device, no person shall label,
package, sell, Offer for sale or distribute or advertise any advice
which does not conform to that Standard in such a manner as is likely
to be mistaken for the device for which the Standard has been prescribed.
Licensing
of Persons and premises for manufacturing & c. drugs.
9.
(1) No person shall manufacture, import, sell or distribute or offer
for sale any drug without a license issued by the Cosmetics, Devices
and Drugs Authority.
(2)
No person shall manufacture, prepare store or sell any drugs in any
premises unless such premises has been licensed by the cosmetics, devices
and drugs Authority.
Probation
on manufacture, sale and distribution of drugs.
10(1)
No person shall manufacture, prepare, preserve, package or store
for sale any drug under insanitary conditions or any drug which is adulterated.
(2)
No person shall import, sell of distribute or offer for sale any drug
that-
(a)
was manufactured, prepared, preserved, packaged or stored for sale
under insanitary conditions : or
(b)
is adulterated.
Labeling,
packaging and advertising Drugs.
11.
(1) No person shall label, package, treat, process, sell or distribute
or offer for sale or advertise any drug in a manner that is false, misleading,
deceptive or likely to create an erroneous impression regarding its
character, value, potency, quality, composition, merit or safety.
(2)
A drug that is not labelled or packaged as required by the regulations
made under this Act or is labelled or packaged contrary to such regulations
shall be deemed to be labelled or packaged contrary to subsection (1).
Labeling
& c., in conformity with the standard.
12
(1) Where a standard is prescribed for any drug, no person shall label,
package, sell, offer for sale, distribute or advertise any drug which
does not conform to such standard in such a manner as is likely to be
mistaken for the drug for which a Standard has been prescribed.
(2)
Where a standard has not been prescribed for any drug, but a standard
for that drug is contained in any publication set out in Schedule
`A’ , no person shall label, package, sell, offer for sale, distribute
or advertise any drug which does not conform to the standard contained
in that publication.
(3)
Where a standard has not been prescribed for any drug, or a standard
for that drug is not contained in any publication set out in schedule
`A’ no person shall sell, offer for sale or distribute such drug-
(a)
unless it is in conformity with the standard set out in the out in the
label accompanying the drug; or
(b)
in such a manner as is likely to be mistaken for a drug for which a
standard has been prescribed or for which a standard is contained
in any publication set out in Schedule `A’.
Sale
of certain drugs prohibited Unless Premises and Process of Manufacture
Have been Approved.
13.
No person shall sell, offer for sale or distribute any drug, described
in Schedule `B’ or Schedule `C’ unless the premises in which the
drug was manufactured and the process And the process and conditions
of manufacture of that drug have been approved in the Prescribed from
and manner as being suitable to ensure that the drug will be safe for
use.
Sale
of certain drugs Prohibited unless the batch from which the drug is
taken is approved as reliable.
14.
No person shall sell, offer for sale or distribute any drug described
in Schedule `D’ unless the batch from which that drug was taken has
been approved in the prescribed form and manner as reliable for use.
Distribution
of samples prohibited.
15.
No person shall distribute or cause to be distributed any drug as a
sample:
Provided
that the preceding provisions of this section shall not apply to the
distribution under prescribed conditions of any sample of a drug to
a medical practitioner, dentist, or veterinary surgeon.
Total
prohibition on sale of certain drugs.
16.
No person shall sell, offer for sale or distribute any drug described
in Schedule `E’.
Advertisement
importation, sale and distribution of cosmetics, device and drug as
treatment for certain diseases prohibited.
17.
(1) No person shall advertise any cosmetic, device or drug to the public
as a treatment, prevention or cure for any of the diseases, disorders,
or abnormal physical states set out in Schedule `F’.
(2)
No person shall import, sell, offer for sale, or distribute any cosmetic
, device or drug-
(a)
that is represented by a label; or
(b)
that is advertised to the public,
as
a treatment, prevention or cure for any of the diseases, disorders or
abnormal physical states set out in Schedule `F’.
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