GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE (Department of Health) THE DRUGS AND COSMETICS ACT AND

RULES THE DRUGS AND COSMETICS ACT, 1940 AND THE DRUGS AND COSMETICS RULES, 1945

Introduction Public Health is main & important subject of any Government. Public health among many other things, depends upon adequate nutrition, due care & regard to hygiene and above all to maintain high standards of MEDICINES and Medical treatment. Before this Act came into existence there were no Rules & Regulations to govern the trade and circulation of drugs in India. As a result, some of the people in drugs trade resorted to unhealthy practices bringing in adulterated and substandard drugs in medical treatment. The Government had to take necessary steps, thus, the Drugs & Cosmetic Act 1940 came into existence, followed by the Drugs & Cosmetic Rules 1945.

This Act provides two important functions1. It controls the manufacture, sale and distribution of Drugs so that no spurious or substandard drugs are produced in the country. 2. It also regulates the import of drugs in the country. This Act provides the rules and regulations for Ayurvedic, Siddha, Homeopathic and Unani medicines also. State Governments appoint Licensing authorities and Drug Inspectors under this act (FDA); which do the regular inspection of the manufacturing premises and analysis of drugs in the Drug Control Laboratories of the state or in the Central Drugs Laboratories. The act also provides labelling and packing standards.

This act provides specially trained & qualified persons for the proper handling of drugs as it requires technical krowledge and skill. Cosmetics are used primarily for beautifying purposes, but some ingredients used in it could cause cumulative toxicities affecting the health. So control over their manufacture and use was very much required, the act also covers this requirement.

Drug includes (i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes; (ii) such substances (other than food) intended to affect the structure or any function of human body or intended to be used for the destruction of (vermin) or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;] (iii) all substances intended for use as components of a drug including empty gelatin capsules; and (iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board ;

Patent or Proprietary medicine means, -A drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of Indian Pharmacopoeia for the time being or any other Pharmacopoeia authorized in this behalf by Central Government after consultation with the Drugs Technical Advisory Board constituted under the Act. 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;

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 (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.

Spurious drugs. -- For the purposes of this Chapter, a drug shall be deemed to be spurious (a) if it is imported under a name which belongs to another drug; or (b) if it is an imitation of , or a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug ; or (c) if the label or the container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product .

Government Analysts. (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas in the state and in respect of such drugs or classes of drug or such cosmetics or classes of cosmetics as may specified in the notification. (2) The Central Government may also, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification.

Inspectors. (1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such person as it thinks fit, having the prescribed qualification, to be Inspectors for such areas as may be assigned to them by the Central Government or State Government, as the case may be. (2) The powers which may be exercised by an Inspector and the duties which may be performed by him, the drugs or classes of drugs or cosmetics or classes of cosmetics in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed shall be such as may be prescribed. (3) No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be an Inspector under this section. 4) Every Inspector shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority having the prescribed qualification as the Government appointing him may specify in this behalf.

SCHEDULE A- All Forms for making applications for various purposes under D & C Act SCHEDULE BFees for test or analysis by the Central Drugs Laboratories or State Drugs Laboratories SCHEDULE C Biological and Special Products SCHEDULE C- Other Special Products
1 Drugs belonging to the Digitalis groups and preparations containing drugs belonging to the Digitalis group not in a form to be administered parentally. 2 Ergot and preparations containing Ergot not in a form to be administered parentally. 3 Adrenaline and preparations containing Adrenaline not in a form to be administered parenterally. 4 Fish Liver Oil and preparations containing Fish Liver Oil. 5 Vitamins and preparations containing any vitamins not in a form to be administered parenterally. 6 Liver extract and preparations containing liver extract not in a form to be administered parenterally. 7 Hormones and preparations containing Hormones not in a form to be administered parenterally. 8 Vaccine not in a form to be administered parenterally. 9 Antibiotics and preparations thereof not in a form to be administered parenterally. 10 In-vitro Blood Grouping Sera. 11 In-vitro diagnostic Devices for HIV, HbsAg and HCV.

SCHEDULE F(I) -VACCINES SCHEDULE FF Standards for ophthalmic preparations. Part-A. Ophthalmic Solutions and suspensions.
In addition to complying with the provisions of labelling laid down in the rules the following particulars shall also be shown on the label:(1) of the containers (i) The statement Use the solution within one month after opening the container. (ii) Name and concentration of the preservative, if used. (iii) The words NOT FOR INJECTION. (2) of container or carton or package leaflet (i) Special instructions regarding storage, wherever applicable. (iii) A cautionary legend reading as "WARNING (i) if irritation persists regarding storage, wherever applicable. (ii) Do not touch the dropper tip or other dispensing tip to any surface since this may contaminate solutions.

Part-B. Ophthalmic Ointments Ophthalmic Ointments shall(a) be sterile when dispensed or when sold in the unopened container of the manufacturer. (b) be free from foreign matter. (c) in addition to complying with the provisions for labelling laid down in the rules the following particulars shall be shown on the container or carton or package leaflet(i) Special instructions regard ing storage wherever applicable. (ii) A cautionary legend reading Warning :- If irritation persists or increases discontinue the use and consult physicians.

SCHEDULE G: List of the drugs given covered under the schedule SCHEDULE H
PRESCRIPTION DRUGS

SCHEDULE J
Diseases and ailments (by whatever name described) which a drug may not purport to prevent or cure or make claims to prevent or cure.

SCHEDULE M
GOOD MANUFACTURING PRACTICES AND REQUIREMENTS OF PREMISES, PLANT AND EQUIPMENT FOR PHARMACEUTICAL PRODUCTS.

SCHEDULE N
List of minimum equipment for the efficient running of a pharmacy:-

SCHEDULE O
STANDARD FOR DISINFECTANT FLUIDS

SCHEDULE P
LIFE PERIOD OF DRUGS

SCHEDULE R
Standards for condoms made of rubber latex intended for single use and other mechanical contraceptives.

SCHEDULE S
STANDARDS FOR COSMETICS

SCHEDULE U
PARTICULARS TO BE SHOWN IN MANUFACTURING RECORDS RECORDS OF RAW MATERIALS PARTICULARS TO BE RECORDED IN THE ANALYTICAL RECORDS.

SCHEDULE V
Standards for patent or proprietary medicines.

SCHEDULE X
Amobarbital 2[ Omitted] Amphetamina Methylphenidate Barbital Methylphenobarbital Cyclobarbital Pentobarbital Dexamphetamine Phencyclidine Ethclorvynol Phenmetrazine Glutethimide 3[Omitted} Meprobamate Secobarbital Methamphetamine Note:- 1. Any stereoisometric form of the substance specified in this Schedule, any salt of the substance and preparation containing such substances are also covered by this Schedule.

SCHEDULE Y
REQUIREMENT AND GUIDELINES ON CLINICAL TRIALS FOR IMPORT AND MANUFACTURE OF NEW DRUG. SCHEDULE M-II [See Rule 139] REQUIREMENT OF FACTORY PREMISESFOR MANUFACTURE OF COSMETICS.