36. Any suit, prosecution or other legal proceeding shall not be instituted against any person for any act which in good faith is done or purported to be done by him under this Act or any regulations made  thereunder.

Application of other written law to cosmetics, devices and drugs.

37.(1) The provisions of this Act and any regulations made thereunder relating to drugs which are excisable articles within the meaning of the Excise Ordinance shall be in addition to and not in substitution for the provisions of that Ordinance. 

(2) The provisions of the Customs Ordinance shall apply for the purpose of the enforcement, and the prevention and punishment of contravention's or attempted contravention's of the provisions of this Act and any regulations made thereunder relating to the importation of any cosmetic, device or drug.

(3)  For the purposes of the application of the Customs Ordinance to any cosmetic, device or drug, the importation of which is prohibited under this Act, such cosmetic, device or drug shall be deemed to be goods the importation of which is prohibited under that Ordinance.

Regulation

38. (1) The Minister may, after consultation with the Committee, make regulations in respect of matters required by this Act to be prescribed or in respect of which regulations are authorized to be made and in 
particular in respect of all or any of the following matters:-

(a) declaring that any cosmetic or drug or class of cosmetic or drug is adulterated if any prescribed substance or class of substance is present or has been added to or extracted from or omitted in, that, cosmetic or drug;

(b) the labeling and packaging and the offering, exposing and advertising for sale of any cosmetic, device or drug;

(c) the size, dimensions, fill and other specifications of packages of any cosmetic, device or drug ;

(d) the use of any substance as an ingredient in any cosmetic, device or drug to prevent the user or purchaser from being deceived or misled as to its quality, character, value, composition, or safety or to prevent injury to the health of the user or purchaser;

(e) the standards of composition, strength, potency, purity, quality or other property of any cosmetic, device or drug ;

(f) the method of preparation, the manufacture, preservation, packaging, storing and testing of any, cosmetic, device or drug in the interest of, or for the prevention of injury to, the health of the user or purchaser;

(g) (i) the persons to whom, the circumstances in which, and the terms and conditions subject to which, licenses under this Act may be granted or refused;

(iii)  the manner and mode in which applications for licenses under this Act may be made and dealt with; and

(iii) the fee payable for the issue of a license;

(g) requiring persons who manufacture or sell any cosmetic, device, or drug to furnish such information and maintain such books and records as the Minister considers necessary for the proper enforcement and administration of this Act and the regulations made thereunder;

(i) the forms to be used for the purposes of this Act and the regulations made thereunder ;

(j) prohibition and restrictions relating to the sale and transport for sale of any adulterated cosmetic or drug;

(k) the distribution and the conditions of distribution of samples of any drug.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication, or on such later date as may be specified in the regulation.

(4)  Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval.

(4) Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder.

(5) The date on which any regulation shall be deemed to be so rescinded shall be published in the Gazette.

Savings

39. Notwithstanding the repeal of the Food and Drugs Act, by the Food Act, 1980, the regulations made under that Act and in force immediately before the coming into operation of this Act shall, except where and so far as they are not inconsistent with the provisions of this Act, continue in force until altered, amended, or rescinded by regulations made under this Act.

Interpretation

40. In this Act, unless the context otherwise requires-" adulterated " means the addition of any substance to or substraction of any constituent from a drug or cosmetic so as to affect its quality, composition or potency;

"advertisement" includes any representation by any means whatsoever, for the purpose of promoting directly or indirectly the manufacture, sole or disposal of any cosmetic, device or drug;

"cosmetic" includes any substance or mixture at substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes;

"dentist" means a person for the time being registered as a dentist under the Medical Ordinance ;

"device" means any article, instrument, apparatus or contrivance, including any component, part or accessory thereof, manufactured or sold for use in-

(i) the diagnosis, treatment, mitigation or prevention of disease, disorder or abnormal physical state or the symptoms thereof, in man or animal,

(ii) restoring, correcting or modifying a body function or the body structure of man or animal,

(iii) the diagnosis of pregnancy in human beings or animals, or

(iv)  the care of human beings or animals during pregnancy and at and after birth of the offspring, including care of the off-spring and includes a contraceptive device but does not include a drug;

"drug" includes-

(i) any substance or mixture of substances manufactured, sold, offered for sale or represented for use In—

(a) the diagnosis, treatment, mitigation or prevention of disease, abnormal physical state or the symptoms thereof in man or animal; and

(b) restoring,   correcting  or  modifying organic functions in man or animal;

(ii) a single drug or combination of drugs ready for use and placed on the market under a special name or in a characteristic form, both patent and proprietary preparations,

but does not include an Ayurvedic drug or Ayurvedic medicine, a Homoeopathic drug or Homoeopathic medicine;

"Government Analyst " means the person for the time being holding the office of the Government Analyst and includes other than for the purposes of section 18, any Additional Government Analyst, Deputy Government Analyst, Senior Assistant Government Analyst or Assistant Government Analyst;

"insanitary conditions " means such conditions or circumstances as are likely to contaminate a cosmetic or drug with dirt or filth or render the same injurious to health;

"label " includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to a container of drug, cosmetic or device;

"labelling " includes the label and any written, printed or graphic matter relating to and accompanying the drug, cosmetic or device;

"medical practitioner " means a person registered as a medical practitioner under the Medical Ordinance;

"package " includes anything in which any drug, cosmetic or device is wholly or partly contained, placed or packed;

"sell " means to sell for cash or on credit or by way of exchange and whether by wholesale or retail and

"sale " shall have a corresponding meaning;

"veterinary surgeon " means a person registered as a Veterinary Surgeon or a Veterinary Practitioner under the Veterinary Surgeons' and Practitioners' Act, No. 46 of 1956.

Previous