Drugs and Cosmetics Act, 1940

18. Prohibition of manufacture and sale of certain drugs and cosmetics

From such ⁷⁴date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf-

(a) ⁷⁵[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute-

⁷⁶ [(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious;

(ii) any cosmetic which is not of a standard quality or is misbranded or spurious;]

⁷⁷ [(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof ⁷⁵[the true formula or list of active ingredients contained in it together with the quantities thereof;],

(iv) any drug which by means of any statement design or device accompanying it or by any other means, purports or claims ⁷⁸[to prevent, cure or mitigate] any such disease or ailment, or to have any such other effect as may be prescribed;

⁷⁹ [(v) any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;

(vi) any drug or cosmetic in contravention of any of the provisions of this Chapter or any rule made thereunder;]

(b) ⁷⁵[sell or stock or exhibit or offer for sale,] or distribute any drug ⁸⁰[or cosmetic] which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder;

(c) ⁷⁵[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute any drug ⁸¹[or cosmetic], except under, and in accordance with the conditions of, a license issued for such purpose under this Chapter:

Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis:

Provided further that the ⁸²[Central Government] may, after consultation with the Board, by notification in the Official Gazette permit, subject to any conditions specified in the notification, the ⁸³[manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale] or distribution of any drug or class of drugs not being of standard quality.

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