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Cosmetics, Devices And Drugs (Amendment)
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Cosmetics, Devices And Drugs (Amendment)
AN ACT TO AMEND THE COSMETICS, DEVICES AND DRUGS ACT.
[11th October , 1984 ]
Short title.

1. This Act may be cited as the Cosmetics, Devices and Drugs (Amendment) Act.

Replacement of section 9 of Act, No 27 of 1980.

2. Section 9 of the Cosmetics Devices and of Drugs Act (hereinafter referred to as the "principal enactment") is hereby repealed and the following section substituted therefor :-

" Licensing of persons premises for manufacturing &c of drugs, Authority.

9.

(1) No person shall manufacture or import any drug without a licence issued by the Cosmetics, Devices and Drugs.

(2) No person shall store, sell, distribute, transport or offer for sale any drug without a licence issued by the Cosmetics. Devices and Drugs Authority except a drug which in the opinion of the Minister is safe for general use and which is specified by regulations made under this Act.

(3) No person shall manufacture or prepare any drug in any premises unless such premises has been licensed by the Cosmetics, Devices and Drugs Authority.

(4) No person shall store or sell any drug in any premises unless such premises is licensed by the Cosmetics, Devices and Drugs Authority, except such drug which in the opinion of the Minister is safe for general use and which is specified by regulations made under this Act.".

Insertion of new section 10A 10B and 10C the principal enactment.

3. The following new sections are hereby inserted immediately after section 10 of the principal enactment and shall have effect as sections 10A, 10B and 10C of that enactment : -

" Prohibition on possession of cosmetics,

10A. No person other than the persons described in Schedule G shall obtain or have in his possession any cosmetic which in the opinion of the Minister is injurious to the health of the user, and which is specified by regulations made under this Act.

Prohibition on possession of devices.

10B. No person other than the persons described in Schedule G shall obtain or have in his possession any device, which in the opinion of the Minister is not safe for general use, and which is specified by regulations made under this Act.

Prohibition on possession of drugs .

10C. No person other than the persons described in Schedule G shall obtain or have in his possession any drug, which in the opinion of the Minister is not safe for general use, and which is specified by regulations made under this Act".

Replacement of section 16 of the principal enactment.

4. Section 16 of the principal enactment is hereby repealed and the following section substituted therefor: -

"Prohibition on sale, & c, of certain drugs.

16. No person shall manufacture, import, store, sell, distribute, transport, offer for sale or have in his possession any drug described in Schedule E.".

Amendment of section 18 of the principal enactment.

5. Section 18 of the principal enactment is hereby amended as follows : -

(1) in subsection (1) of that section -

(a) by the substitution, in paragraph (n) of that subsection, for the words" a representative of the Sri Lanka Medical Association nominated by that Association; and", of the words "a representative of the Sri Lanka Medical Association nominated by that Association; " ;

(b) by the substitution, in paragraph (o) of that subsection, for the words " a representative of the Independent Medical Practitioners' Association nominated by that Association.", of the words " a representative of the Independent Medical Practitioners' Association nominated by that Association;";

(c) by the addition, immediately after paragraph (o) of that subsection, of the following paragraphs : -

" (p) a representative of the College of General Practitioners of Sri Lanka nominated by that College;

(q) a representative of the College of Physicians nominated by that College; and

(r) a representative of the Sri Lanka College of Obstetricians and Gynaecologists nominated by that College.";

(2) in subsection (2) of that section, by the substitution, for the expression "paragraphs (i). (j), (k). (I), (m), (n), or (o) of subsection (1)", of the expression " paragraphs (i), (j), (k), (I), (m), (n), (o), (p), (q), or (r) of subsection (1)".

Amendments of section 20 of the principal enactment.

6. Section 20 of the principal enactment is hereby amended as follows : -

(a) by the repeal of subsection (2) of that section; and

(b) by the renumbering of subsection (3) as subsection (2) of that section.

Insertion of new section 20A the principal enactment.

7. The following new section is hereby inserted immediately after section 20 and shall have effect as section 20A of the principal enactment : -

" Registration of Drugs.

20A.

(1) Every cosmetic, device and drug shall be registered with the Authority.

(2) No person shall import, store, sell, distribute, transport, offer for sale, expose to sale or advertise any cosmetic, device or drug, which is not registered with the Authority under subsection (1).".

Amendment of section 38 of principal enactment.

8. Section 38 of the principal enactment is hereby amended by the addition, immediately after paragraph (k) of subsection (1) of that section, of the following new paragraphs : -

"(l) the mode and manner in which any cosmetic, device or drug shall be registered, the terms and conditions applicable to such registration, the fees to be levied for such registration and any other matter relating to such registration;

(m) the destruction of cosmetics, devices and drugs in respect of which an offence has been committed under this Act or any regulation made thereunder.".

Amendment of Schedule to the principal enactment.

9. The Schedule to the principal enactment is hereby amended by the addition, immediately after Schedule F thereof, of the following new Schedule:"

Schedules