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Section 18: Prohibition of manufacture and sale or certain drugs and cosmetics

The Drugs and Cosmetics Act, 1940Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 26 of 1940

From such date 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 manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute –

(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;

(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 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 to prevent, cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed;

(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 there under;

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

(c) manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute any drug or cosmetic, except under, and in accordance with the conditions of, a licence 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 Central Government may, after consultation with the Board by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the 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.

18-A. Disclosure of the name of the manufacturer, etc. – Every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so 16 required, disclose to the Inspector the name, address and other particulars of the person from whom he acquired the drug or cosmetic.

18-B. Maintenance of records and furnishing of information.— Every person holding a licence under clause (c) of section 18 shall keep and maintain such records, registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this Act such information as is required by such officer or authority for carrying out the purposes of this Act.

Where this provision sits

ActThe Drugs and Cosmetics Act, 1940
Section18
Marginal noteProhibition of manufacture and sale or certain drugs and cosmetics
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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