The Drugs and Cosmetics Act, 1940
16. Standards of quality.—
1[(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 2[the Second Schedule], and
(b) in relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.]
(2) The 3[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 2[the Second Schedule] for the purposes of this Chapter, and thereupon 2[the Second Schedule] shall be deemed to be amended accordingly.
COMMENTS
The standards of qualities are fixed by the Government after due deliberation and after consulting a committee of competent men, it is for them to give due allowance for probable errors before fixing a standard. When a standard has been fixed it has to be observed strictly; State of Kerala v. Vasudevan Nair, 1974 KLT 617 (FB): 1975 Cri LJ 97.
————————
1. Subs. by Act 21 of 1962, sec. 12, for sub-section (1) (w.e.f. 27-7-1964).
2. Subs. by Act 13 of 1964, sec. 11, for “the Schedule” (w.e.f. 15-9-1964).
3. Subs. by Act 11 of 1955, sec. 8, for “State Government” (w.e.f. 15-4-1955).
The Drugs and Cosmetics Act, 1940
