The Drugs and Cosmetics Act (DCA) 1940 and Rules 1945 | Forensic Pharmacy
Important Definitions
It
Includes:
(i) All medicines for internal or external use of human
beings or animals and substances 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)
The substances other than food which may affect the structure or any function
of the human body or used for the destruction of insects or vermin which cause
disease in human beings or animals as specified from time to time by the
Central Government by notification in the Official Gazette.
(iii) The substances
used as components of a drug including, empty gelatin capsules.
(iv) The devices
used 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 Drugs Technical Advisory Board
(DTAB).
It
means any article intended to be sprayed, poured, rubbed or sprinkled on, or
introduced into, or applied to the human body or its any part for cleansing,
beautifying, promoting attractiveness or altering the appearance. It also includes any articles intended
for use as a component of cosmetic.
These
include all medicines used for internal or external purposes or used in the
diagnosis, treatment, mitigation or prevention of disease or disorder in human
beings or animals and manufactured exclusively in accordance with the formulae
described in the authoritative books of Ayurvedic, Siddha and Unani Tibby
Systems of Medicines specified in the First Schedule to the Drugs and Cosmetics
Act, 1940.
It is a tobacco
product used for rubbing against human teeth. It contains tobacco powder, lime and
molasses along with red mineral matter. It is a cosmetic within the provisions
of the Act.
It
means:
(i)
In relation to Ayurvedic, Siddha or Unani System of Medicine, all formulations
containing only such ingredients mentioned in the formulae described in the
authoritative books of Ayurvedic, Siddha or Unani System of Medicine specified
in First Schedule to the Act but does not include the medicine .administered by
parenteral route.
(ii) In relation to any other system of medicine including,
allopathic, a drug presented in a form ready for internal or external
administration of human beings or animals and which is not included for the
time being in the editions of Indian Pharmacopoeia or any other Pharmacopoeia.
A
drug is considered as a misbranded drug:
(i) if it is not labeled in the prescribed manner,
or
(ii) if it is so coloured, coated, powdered or polished that
damage is concealed or it is made to appear of better or greater therapeutic
value than it really is,
or
(iii) if the label or container or anything accompanying the
drug bears any statement, design or device which makes any false claim for the
drug or gives misleading information.
A
drug is considered to be adulterated:
(i) if it consists in whole or in part of any filthy,
putrid, or decomposed substance,
or
(ii) if it has been prepared, packed or stored under poor
sanitary conditions whereby, it may have been contaminated with filth and
rendered injurious to health,
or
(iii) if container of the drug is composed in whole or in
part of any poisonous substance which may render the contents injurious to
health,
or
(iv)
if it contains a colour
other than one which is prescribed,
or
(v) if the drug
contains any harmful or toxic substance which may render it injurious to
health,
or
(vi) if the drug)s
admixed with any substance so as to ~edu(.e its quality or strength.
Any
process fully or partly used for making, altering, ornamenting, finishing
packing, labeling, breaking up or otherwise treating or adopting any
drug/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.
A
drug is deemed to be a spurious drug:
(i) if it is imported under a name which belongs to another
drug,
or
(ii) if it is an
imitation of or a substitute for another drug or if it resembles another drug
in a manner likely to deceive or bears upon it or its label or container the
name of another drug,
or
(iii) if it has been
substituted wholely or in part by another drug substance,
or
(iv) if it claims to be the product of a manufacturer or
company of whom it is not truly a product.
A
cosmetic shall be deemed to be misbranded:
(i)
if it contains a colour which is not prescribed,
or
(ii)
if it is not labelled in prescribed manner,
or
(iii) if the label or container or anything accompanying the
cosmetic bears any statement which is false or misleading.
A
cosmetic shall be deemed to be spurious:
(i) if it is imported under a name which belongs to another
cosmetic,
or
(ii) if it is an imitation of or a substitute for another
cosmetic; resembles another cosmetic in a manner likely to deceive; or bears
upon it or upon its label or container the name of another cosmetic,
or
(iii) if the label or container bears the name of an
individual or a company purporting to be the manufacturer of the cosmetic which
individual or company is fictitious or does not exist,
or
(iv) if it purports
to be the product of a manufacturer of whom it is not truly a product.
Related Topics
TH 2019 - 2024 pharmacy180.com; Developed by Therithal info.