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Section 26: Purchaser of drug or cosmetic enabled to obtain test or analysis

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

Any person or any recognised consumer association, whether such person is a member of that association or not shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis to a Government Analyst any drug or cosmetic purchased by him or it and to receive a report of such test or analysis signed by the Government Analyst.

Explanation. – For the purposes of this section and section 32, "recognised consumer association" means a voluntary consumer association registered under the Companies Act, 1956 or any other law for the time being in force.

26-A. Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest. – Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, prohibit the manufacture, sale or distribution of such drug or cosmetic.

26-B. Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest. – Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural calamities and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, regulate or restrict the manufacture, sale or distribution of such drug.

Where this provision sits

ActThe Drugs and Cosmetics Act, 1940
Section26
Marginal notePurchaser of drug or cosmetic enabled to obtain test or analysis
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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