drug and cosmetic act

Co-Guide:
Dr. Sananth Kumar D.G(MD Ayu)
Professor
Department of Panchakarma
KVG Ayurvedic college and Hospital,
Sullia
By:
Dr.Saurav Verma
2nd Year PG scholar
KVG Ayurvedic College and Hospital,
Sullia
Guide:
Dr. Pradeep J.M(MD Ayu)
Reader
KVG Ayurvedic college and Hospital,
Sullia

Contents
 Objective
 Definitions
 Administration of act and rules
 Provision related to Import
 Provision related to Manufacture
 Provision related to sale
 Labelling and packing
 Recent amendment act,2015
 List of forms

Objectives
 To regulate the import, manufacture, distribution and sale of drugs and
cosmetics through licensing.
 Manufacture , distribution and sale of drugs and cosmetics by qualified
persons only.
 To control the manufacture, import and sale of ASU drugs.
 To establish Drugs Consultative Committees(DCC).
 To secure the maintenance of uniformity in standard of ASU drugs

Definitions
 Drugs:
Ayuvedic, Siddha or Unani Drugs” includes all medicines intended
for internal or external use for or in thediagnosis, treatment, mitigation or
prevention of [disease or disorder in human beings or animals,
manufactured exclusively in accordance with the formulae prescribed in the
authoritative books of [Ayurvedic, Siddha and Unani Tibb systems of
medicine, specified in the First Schedule.
 Cosmetics:
Any article intended to be rubbed , poured , sprinkled or sprayed on,
or introduced into, or applicated to, the human body or any part there of for
cleaning, beautifying, promoting attractiveness, or altering the appearance.

 Manufacture:-
Any process or part of a process for making , altering, finishing,
packing, labelling, breaking up or treating or adopting any drugs/cosmetic
with a vies of its sale and distribution.
It does not include the compounding or dispensing of any drug or the
packing of any drug or cosmetic.

Patent or Proprietary Medicine
 in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all
formulations containing only such ingredients mentioned in the formulae
described in the authoritative books of Ayurveda, Siddha or Unani Tibb
systems of medicine specified in the First Schedule,
 But does not include a medicine which is administered by parenteral route
and also a formulation included in the authoritative books as specified in
clause

 Spurious Drugs:-
 If it is sold, or offered or exhibited for sale, under a name which belongs to
another drug.
 If it is an imitation of, or is an 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.
 Misbranded Drugs:-
 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 valve.
 If it is not labelled in the prescribed manner.
 f 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:-
 If it consists, in whole or in part, of any filthy, putrid or decomposed
substance.
 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.

Administration of the act and rules
 Advisory:
1. Drugs Technical advisory Board-DTAB
2. Drugs Consultative committee-DCC
 Analytical:
1. Central Drugs laboratory-CDL
2. Drug Control Laboratory
3. Government Analysts
 Executives:
1. Drug Inspector
2. Licensing Authorities
3. Controlling authorities

Drug Technical Advisory Board
Consists of Following Members (ex officio)
1. Drugs controller, India
2. Director General of Health Services
3. The principal officer dealing with Indian systems of medicine in the
Ministry of Health
4. One person holding the appointment of Government Analyst under
Section 33-F to be nominated by the Central Government
5. Director of the Central Drugs Laboratory, Calcutta
6. One Pharmacognocist to be nominated by the Central Government
7. One Phyto-chemist to be nominated by the Central Government
8. 4 persons to be nominated by the Central Government, two from
amongst the members of the Ayurvedic Pharmacopoeia Committee,
one from amongst the members of the Siddha and Unani
Pharmacopoeia Committee.

Nominated:
1. 3 persons, one each to represent the Ayurvedic, Siddha and Unani drug
industry, to be nominated by the Central Government.
2. 3 persons, one each from among the practitioners of Ayurvedic, Siddha
and Unani Tibb systems of medicine to be nominated by the Central
Government.
3. One teacher in Darvyaguna, and Bhaishajya kalpana, to be nominated by
the Central Government.
4. One teacher in Gunapadam to be nominated by the Central Government.

Drugs Consultative Committee(DCC)
 It is also an Advisory Body consist of two representative central government
to be nominated by Government .
 One representative of each state Government to be nominated by the State
Government.
Function:
 It shall meet when required.
 It has power to regulate its own procedure.
Central Drug Laboratory(CDL)
 Established in Calcutta under the control of Director appointed by central
government.

 Functions:
 Collection , storage, and distribution of internal standards.
 Maintenance of microbial cultures.
 Analytical Q.C of the imported samples.
 Analysis or test of samples of drugs/cosmetics.
 Any other duties given by central Government.
The Laboratory has the Following Division:-
1. Chemistry Division
2. Microbiology Section
3. Pharmacology Division
4. Food Division
5. Pharmacognocy Division
6. Ayurvedic Division

CHEMISTRY SECTION
 Alcohol determination apparatus
complete set.
 Volatile oil determination apparatus.
 Boiling point determination apparatus.
 Melting point determination apparatus.
 Refractometer.
 Polarimeter.
 Viscometer (Ostwalds, Redwood
viscometer).
 Tablet disintegration apparatus.
 Moisture determination apparatus. (IC
filtrator).
 U.V. Spectro-Photometer.
 Muffle furnace.
 Dehumidifier (where necessary).
 PH meter.
 Electronic Balance.
 Hot air oven (s) different range of
temperature/vacuum oven. 14. Refrigerator.
 Glass distillation apparatus/plant.
 Water supply demineralised exchange
equipment/distillation equipment.
 Air conditioner.
 LPG Gas Cylinder with burners. 19. Water
bath (temperature controlled)
 Heating mantle (4) or as required.
 TLC apparatus with all accessories.
 Sieves 10 to 120 with sieve shaker.
 Centrifuge mac
 G.L.C. with F.I. detector.
 Silica crucible.
 hine

PHARMACOGNOSY
SECTION
MICROBIOLOGY
SECTION
 Microscope binocular.
 Dissecting Microscope.
 Microtome
 Chemical balance.
 Microslide cabinet.
 Aluminium slide trays.
 Hot air oven.
 Occular Micrometer.
 Stage Micrometer.
 Camera Lucida Prism type and
mirror type.
 Hot plates.
 Refrigerator.
 LPG Cylinder with burners.
 Other related equipments,
reagents, glasswares, etc.
 Laminar air flow bench (L.A.F.)
 B.O.D. Incubator.
 Plain incubator.
 Serological water bath.
 Oven.
 Autoclave/Sterilizer.
 Microscope (high power).
 Colony counter.
 Other related equipment and
reagents

 Government Analyst:-
 These officers are appointed by the Central or State Government and perform
the duties.
 Persons having Qualification for appointments as government as
governmental analysis for drugs;
 Must have a degree in Medicine/Ayurveda/Sidha/Unani system and not less
than 3 year post graduate experience in the analysis of drug.
Duties:
 Analysed or tested such sample or drugs and cosmetics may be sent to him by
Inspectors.
 Timely forward reports to the Government giving the results of analytics
work.

 Licensing Authority:-
Qualification:
 All member should be Graduate in Pharmacy on Pharmaceutical Chemistry
or in Medicine with Specialization in Clinical pharmacology or
microbiology.
 5 year Experience in manufacture or testing of a drugs.
Duties:
 To inspect all establishments licensed for the sale of drugs within the area
assigned to him.
 To send for test or analysis.
 To investigate any complaint.
 To maintain a record of all inspections made by him.
 To maintain a record of action taking by him in the performance of his
duties.

Drug Inspector:
Qualification:
 Has degree in Ayurvedic or Siddha or Unani system or a degree in
Ayurveda Pharmacy, as the case may be, conferred by a University or a
State Government or a Statutory Faculty, Council or Board of Indian
Systems of Medicine recognized by the Central Government or the State
Government.
 Has a diploma in Ayurveda, Siddha or Unani System, as the case may
be, granted by a State Government or an Institution recognized by the
Central Government or a State Government for this purpose).
 Who have not less than 18 months’ experience in testing of at least one
of the substances in Schedule C in a laboratory approved for this
purpose by the licensing authority.
 Who have gained experience of not less than three years in the
inspection of firm manufacturing any of the substances specified in
Schedule C
.

Function:
1. Inspection of all area where the drug and cosmetics are being
manufactured/sold/stocked.
2. Take sample of any drug and cosmetic are being
manufactured/sold/stocked

Provision Of Import:
 Import of drug under license
1. Imported for Test/Analysis
2. Specified in Schedule-C/C1
3. Specified in Schedule-X
4. Imported for personal use
5. any new drugs
 Offences and Penalties
 Drugs exempted from provisions of import.
 Classes of drugs prohibited to import.
1. Misbranded drugs
2. Drugs of substandard quality
3. Adulterated drugs
4. Spurious drugs
5. Drugs whose manufacture, sale/distribution are prohibited in original
country; expect for the purpose for test/examination/analysis.
6. Patent medicines whose true formula is not disclosed.

 Import of Drugs Without License:
 Drugs in Sch-C1 required for manufacturing and not for medicinal use.
 Substance not used for medicinal purpose.
 Pre-digested foods.
 Ginger, pepper, cumin, cinnamon.
 Substance which are both drugs and foods such as:
1. Powdered milk
2. Oats
3. Cereal/farex
4. Malt
5. lactose

Cosmetics Prohibited to Import:
 Misbranded cosmetics
 Spurious cosmetics
 Cosmetic containing harmful ingredients
 Cosmetics not of standard quality
 Which contains more than 2ppm Arsenic,20ppm lead, 100 ppm heavy
metals.

 Manufacture:
 Prohibition of manufacture.
 Manufacture of other than in Sch-C/C1.
 Manufacture of those in Sch-C/C1
 Manufacture of Sch- X drugs
 Loan license
 Repacking license
 Offences and penalties.
 Prohibition of Manufacture:
 Drug not of standard quality or misbranded, adulterated or spurious.
 Patent medicine.
 Drugs in Sch-J
 Risky to animal/human.

 Sch-X drugs(condition)
 Store drugs in direct under of responsible person.
 Invoice of sale must sent to licensing authority every 3 months.
 Preparation must be labelled with XRx.
 Marketed in packing not exceeding:
 100 unit dose
 300ml of oral liquid
 5ml- injection
 Manuf. Of drugs other than in Sch-C/C1
 Adequate facility for testing, separating from manufacturing.
 Premises should comply with schedule ‘M’.
 Adequate storage facility.
 Furnish data of stability.
 Maintain the inspection book.
 Maintain reference samples from each batch.

 Loan License:
 a person who does not have his own arrangements(factory) from
manufacture but who wish to manufacturing facilities owned by another
license. Such license are call loan license.
 Repackaging License:
 Process of breaking up any drug from a bulk container into small
packages and labelling with a view to their sale and distribution.
 Repackaging of drugs is granted of drugs other than Schedule-C/C1 and
X.

OFFENCES PENALTIES
 Manufacture of any spurious drugs
 Manufacture of adulterated drugs
 Any Ayurvedic, Siddha or Unani
drug deemed to be spurious
under Section 33EEA, shall be
punishable with imprisonment
for a term which shall not be less
than one year but which may
extend to three years and with
fine which shall not be less than
five thousand rupees.
1. 1 year imprisonment and 2000
fine
2. 2 year imprisonment and 200
fine on subsequent conviction

Manufacture of Cosmetics
 Misbranded or spurious cosmetics and of substandard quality.
 Cosmetics contain Hexachlorophene or mercury compounds
 Containing:
 2ppm or arsenic
 20ppm of lead
 100ppm of heavy metals
 Eye preparations containing coal-tar colour.

 Sale of drugs:
 Classes of drugs prohibited to be sold
 Misbranded , spurious, adulterated and drugs not of standard quality
 Patent medicine
 Sch-J drugs
 Expired drugs
 Physician sample
 Wholesale of other than those specified in C/C1 and X.
 All the conditions as discussed in for biological
 Compounding is made by or under the direct and personal supervision of
qualified person.

 Labelling & Packaging:
 All the general and specific labelling and packaging specified to all classes
of drugs and cosmetics should be as per the provisions made under the act.
 For ASU Drugs
 The true list of all the ingredients used in the manufacture of the
preparation together with the quantity of each of the ingredients
incorporated therein and a reference to the method of preparation thereof
as detailed in the standard text and adikarana, as are prescribed in the
authoritative books .
 The container of a medicine for internal use made up ready for the
treatment of human ailments shall, if it is made up from a substance
specified in Schedule E(1), be labelled conspicuously with the words
‘Caution: to be taken under medical supervision’both English and Hindi
languages.
 The name of the drug. For this purpose the name shall be the same as
mentioned in the authoritative books
 The name and address of the manufacturer.
 The number of the licence under which the drug is manufactured, the figure
representing the manufacturing licence number being preceded by the words
‘Manufacturing Licence Number’ of Mfg Lic. No’ or “M.L

 The words “FOR EXTERNAL USE ONLY” if the medicine is for external
application.
 A distinctive batch number, that is to say, the number by reference to which
details of manufacture of the particular batch from which the substance in
the container is taken are recorded and are available for inspection, the
figure representing the batch number being preceded by the words “batch
No.” or “Batch” or “Lot Number” or Lot No.” or “Lot” or any
distinguishing prefix. vi) The date of manufacture. For this purpose the date
of manufacture shall be the date of completion of the final products, or the
date of bottling or packing for issue.

Standards of Ayurvedic, Siddha and
Unani Drugs
 [***] drugs included in Ayurvedic
Pharmacopoeia
 Asavas abd Aristas
 The standards for identity, Purity
and strength as given in the
editions of Ayurvedic
Pharmacopoeia of India for the
time being in force.
 The upper limit of alcohol as self
generated alcohol should not
exceed 12% v/v excepting those
that are otherwise notified by the
Central Government from time to
time.

 Schedules
 1st schedule:- Name of Book under Ayurveda and Siddha system.
 2nd schedule:- Standard to be compiled with by imported drugs and by
drugs manufactured for sale , sold, stocked for sale/distribution

 Drug and cosmetics (Amendment) Act, 2015(Draft)
 Salient Features of the Act:
 This act may be called the D&C (amendment) Act, 2014.
 It shall come into force on such as the central Government
may, by notification in the Official Gazette, appoint.
 Provided that different dates may be appointed for different
provisions of this act and may reference in any such provision
to the commencement of this Act shall be construed as a
reference to the coming into force of that provision.
 Ayurvedic, Siddha or Unani drug” includes all medicines intended
for internal or external use for or in the diagnosis, treatment,
mitigation or prevention of disease or disorder in human beings or
animals, and manufactured exclusively in accordance with the
formulae described in, the authoritative books of Ayurvedic, Siddha
and Unani Tibb systems of medicine, specified in the First Schedule;

 For the word “Inspector” wherever it occurs, the words “Drugs Control
Officer” shall be substituted.
 In section 1 of the principal Act, in sub-section (1), for the words “and
Cosmetics”, the words “, Cosmetics and Medical Devices” shall be
substituted.
 in relation to Ayurvedic, Siddha or Unani drug, the Ayurvedic, Siddha and
Unani Drugs Technical Advisory Board constituted under section 33C;
 in relation to Ayurvedic, Siddha or Unani drug, a Drugs Control Officer
appointed by the Central Government or a State Government under section
33G;
 in relation to Ayurvedic, Siddha, Unani drug, a Government Analyst
appointed by the Central Government or a State Government under section
33F;

 proprietary medicine”
 In relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all
formulations containing only such ingredients mentioned in the formulae
described in the authoritative books of Ayurveda, Siddha or Unani Tibb
systems of medicine specified in the First Schedule, but does not include
a medicine which is administered by parenteral route and also a
formulation included in the authoritative books as specified in clause
 Insertion of new Third Schedule
 Insertion of new Chapter IA
 No clinical trial without permission
 Medical treatment and compensation for injury or death due to
clinical trial.
 Registration of Ethics Committee.
 Disclosure of name, address, etc. of persons involved in clinical
trials
 Penalty for repeat offence are added
 Penalty for violation of conditions of permission

 Insertion of new section 5A.
 Constitution of Medical Devices Technical Advisory Board.
 Substitution of new section for section 7.
 Drug, Cosmetic and Medical Devices Consultative Committee.
 Insertion of new Chapter IIA.
 IMPORT, MANUFACTURE, SALE AND DISTRIBUTION OF
NOTIFIED CATEGORY OF MEDICAL DEVICE.
 Insertion of new section 9E.
 Report of Government Analyst.
 Insertion of new sections 33Q, 33R, 33S and 33T.

Amendment of section
 Amendment of section 5
 Amendment of section 9B.
 Amendment of section 10.
 Amendment of section 18A.
 Amendment of section 34AA.
 Amendment of section 34AAA

THE THIRD SCHEDULE
 (See sub-section (6) of section 18)
 CATEGORIES OF DRUGS FOR WHICH THE CENTRAL
LICENSING AUTHORITY IS EMPOWERED TO ISSUE LICENCE
AND PERMISSION.
1. antigens and anti-toxins;
2. blood products;
3. cytotoxic substances (anti-cancer drugs);
4. drug products containing modified living organisms;
5. fixed dose combination.
6. gene therapeutic products;
7. hormones and preparations containing hormones;
8. large volume parenterals;
9. monoclonal anti-bodies;
10. recombinant-deoxyribo nucleic acid derived drugs;
11. ribo nucleic acid derived drugs;
12. sera;
13. solution of serum proteins intended for injection;
14. stem cells and cell based drug products;
15. toxins;
16. vaccines;

References:
 www.cdsco.nic.in
 Forensic pharmacy,” kolate CK and Gokhle SB, Pharma book Syndicate;
152
 Dr. D.R Lohar’s book of Legal status of Ayurvedic, Siddha and Unani
Medicines.”

drug and cosmetic act

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