Sri Lanka Consolidated Acts

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Cosmetics, Devices And Drugs Act (No. 27 of 1980) - Sect 38

Regulations

38.
(1) The Minister may, after consultation with the Committee, make regulations in respect of matters required by this Act to be prescribed or in respect of which regulations are authorized to be made and in particular in respect of all or any of the following matters : -
(a) declaring that any cosmetic or drug or class of cosmetic or drug is adulterated if any prescribed substance or class of substance is present or has been added to or extracted from or omitted in, that cosmetic or drug ;
(b) the labelling and packaging and the offering, exposing and advertising for sale of any cosmetic, device or drug;
(c) the size, dimensions, fill and other specifications of packages of any cosmetic, device or drug ;
(d) the use of any substance as an ingredient in any cosmetic, device or drug to prevent the user or purchaser from being deceived or misled as to its quality, character, value, composition, or safety or to prevent injury to the health of the user or purchaser;
(e) the standards of composition, strength, potency, purity, quality or other property of any cosmetic, device or drug ;
(f) the method of preparation, the manufacture, preservation, packaging, storing and testing of any cosmetic, device or drug in the interest of, or for the prevention of injury to, the health of the user or purchaser ;
(g)
(i) the persons to whom, the circumstances in which, and the terms and conditions subject to which, licences under this Act may be granted or refused;
(ii) the manner and mode in which applications for licences under this Act may be made and dealt with ; and
(iii) the fee payable for the issue of a licence;
(h) requiring persons who manufacture or sell any cosmetic, device, or drug to furnish such information and maintain such books and records as the Minister considers necessary for the proper enforcement and administration of this Act and the regulations made thereunder ;
(i) the forms to be used for the purposes of this Act and the regulations made thereunder ;
(j) prohibition and restrictions relating to the sale and transport for sale of any adulterated cosmetic or drug ;
(k) the distribution and the conditions of distribution of samples of any drug.
(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication or on such later date as may be specified in the regulation.
(3) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval.
(4) Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder.
(5) The date on which any regulation shall be deemed to be so rescinded shall be published in the Gazette.


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