5 [(1) For the purposes of this Chapter, the expression ―standard quality‖ means—
(a) in relation to a drug, that the drug complies with the standard set out in 6 [the Second Schedule], and
(b) in relation to a cosmetic, that the cosmetic compiles with such standard as may be prescribed].
(2) The Central Government, after consultation with the Board and after giving by notification in the Official Gazette not less than three months‘ notice of its intention so to do, may by a like notification add to or otherwise amend 6 [the Second Schedule], for the purposes of this Chapter, and thereupon 6 [the Second Schedule] shall be deemed to be amended accordingly.
7 [9. Misbranded drugs.—For the purposes of this Chapter a drug shall be deemed to be misbranded—
(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or
(b) if it is not labelled in the prescribed manner; or
(c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.]
8 [9A. Adulterated drugs.— For the purposes of this Chapter, a drug shall be deemed to be adulterated.—
(a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or
(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or
1. Subs. by Act 3 of 1951, s. 3 and Sch., for ―the States‖.
2. Ins. by Act 13 of 1964, s. 6 (w.e.f. 15-9-1964).
3. Subs. by Act 68 of 1982, s. 2 for certain words (w.e.f. 1-2-1983).
4. Subs. by Act 68 of 1982, s. 4, for ―IMPORT OF DRUGS‖ (w.e.f. 1-2-1983).
5. Subs. by Act 21 of 1962, s. 6, for sub-section (1) (w.e.f. 27-7-1964).
6. Subs. by Act 13 of 1964, s. 7, for ―the Schedule‖ (w..e.f. 15-9-1964).
7. Subs. by Act 68 of 1982, s. 5, for s. 9 (w.e.f. 1-2-1983).
8. Subs. by Act 68 of 1982, s. 6, (w.e.f. 1-2-1983).
Drugs and Cosmetics Act, 1940 11
(c) if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or
(e) if it contains any harmful or toxic substance which may render it injurious to health; or
(f) if any substance has been mixed therewith so as to reduce its quality or strength.