Chapter: 9 The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

Objective of the Act

The Drugs and Cosmetics Act 1940, is mainly aimed to regulate the import, manufacture, distribution and sale of Drugs and Cosmetics, presumably for maintaining high standards of medical treatment. Substandard medicines / drugs may cause severe damage to lives of people.

Important Definitions

Cosmetic: means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic.

Drug: includes fit all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes; (ii) such substances Other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of 6^1vermin] or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette; (iii) all substances intended for use as components of a drug including empty gelatin capsules; and (iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board.

Manufacture: in relation to any drug or cosmetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labeling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution] but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business; and "to manufacture" shall be construed accordingly.