FOOD AND DRUGS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Foods, Drugs, Cosmetics and Devices

GENERAL

   3   No food, drug, etc to be advertised or sold for the treatment, etc of certain diseases

   4   Restrictions on importation

 

FOOD

   5   Prohibited sales of food

   6   Food to be correctly labelled, packaged, etc

   7   Insanitary conditions

 

DRUGS

   8   Prohibited sales of drugs

   9   Drugs to be correctly labelled, packaged, etc

   10   Insanitary conditions

   11   Distribution of samples

 

COSMETICS

   12   Prohibited sales of cosmetics

   13   Cosmetic to be correctly labelled, packaged, etc

   14   Insanitary conditions

 

DEVICES

   15   Prohibited sales of devices

   16   Devices to be correctly labelled, packaged, etc

 

PART III

Administration and Enforcement

   17   Designation of officers

   18   Administrative expenses

   19   Powers and duties of inspectors and analysts

   20   Disposal of article seized

   21   Power of Minister to make regulations

   22   Procedure with respect to regulations

   23   Power of Minister to require information

   24   Establishment of Advisory Committees

 

OFFENCES

   25   Offences

   26   Offence by body corporate

   27   Fiat of the Director of Public Prosecutions

   28   Penalties in regulations

   28A   Minister may amend monetary penalties

 

EVIDENCE

   29   Want of knowledge

   30   Presumptions

   31   Possession of adulterating substances

   32   Name of manufacturer

   33   Certificates of analysis

   34   Copies of records

      SCHEDULES

 

THE FOOD AND DRUGS ACT

[Date of Commencement: 4th August, 1975]

Law 46 of 1964.

Acts
54 of 1974,
7 of 1996,
7 of 2011.

PART I
Preliminary

1   Short title

   This Act may be cited as the Food and Drugs Act.

2   Interpretation

   (1) In this Act-

   "advertisement" includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device;

   "analyst" means an analyst designated under section 17;

   "article to which this Act applies" includes-

   (a)   any food, drug, cosmetic or device;

   (b)   anything used for the manufacture, preparation, preservation, packaging or storing thereof;

   (c)   any labelling or advertising material;

   "cosmetic" includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, lips, hair, fingernails or toenails, teeth and includes deodorants and perfumes;

   "device" means any instrument, apparatus, or contrivance including components, parts and accessories thereof, manufactured or sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder abnormal physical state or the symptoms thereof in man or animal;

   "drug" means any substance or mixture of substances manufactured, sold or represented for use in-

   (a)   the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state or the symptoms thereof in man or animal;

   (b)   restoring, correcting or modifying organic functions in man or animal;

   (c)   disinfection in premises in which food is manufactured, prepared, preserved, packaged or stored for sale or sold or for the control of vermin or insects in such premises;

   "food" includes any article used for food or drink by man, chewing gum and any ingredient that may be mixed with food or drink for any purpose;

   "importer" in relation to an imported article, includes any person who, whether as owner, consignee, agent or broker is in possession of the article or any way entitled to the custody or control of it;

   "insanitary conditions" means such conditions or circumstances as night contaminate a food, drug or cosmetic as the case may be with dirt or filth or render the same injurious to health or unsafe for use;

   "inspector" means an inspector designated under section 17;

   "label" includes any legend, word record or mark attached to, included in, belonging to, or accompanying any food, drug, cosmetic, device or package;

   "package" includes anything in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed;

   "sell" includes offer for sale, expose for sale, have in possession for purposes of sale (whether by the person in possession or by some other person) and distribute.

   (2) Where in this Act the expression "this Act" is used it shall be deemed to include references to regulations made under this Act.

PART II
Foods, Drugs, Cosmetics and Devices

GENERAL

3   No food, drug, etc to be advertised or sold for the treatment, etc of certain diseases

   (1) A person shall not advertise any food, drug, cosmetic or device to the general public for the treatment, prevention or cure of any of the diseases, disorders or abnormal physical states mentioned in the First Schedule.

   (2) A person shall not sell any food, drug, cosmetic or device-

   (a)   that is represented by label; or

   (b)   that he advertises to the general public,

for the treatment, prevention or cure of any of the diseases, disorders or abnormal physical states mentioned in the

4   Restrictions on importation

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.