40. In this Act, unless the context otherwise requires "adulterated " means the addition of any substance to or subs traction of any constituent from a drug or cosmetic so as to affect its quality, composition or potency; " advertisement" includes any representation by any means whatsoever, for the purpose of promoting directly or indirectly the manufacture, sole or disposal of any cosmetic, device or drug; "cosmetic" includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes ; " dentist" means a person for the time being registered as a dentist under the Medical Ordinance ; "device" means any article, instrument, apparatus or contrivance, including any component, part or accessory thereof, manufactured or sold for use in
| (i) the diagnosis, treatment, mitigation or prevention of disease, disorder or abnormal physical state or the symptoms thereof, in man or animal, |
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| (ii) restoring, correcting or modifying a body function or the body structure of man or animal, |
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| (iii) the diagnosis of pregnancy in human beings or animals, or |
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| (iv) the care of human beings or animals during pregnancy and at and after birth of the offspring, including care of the off-spring and includes a contraceptive device but does not include a drug ; |
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" drug " includes-
| (i) any substance or mixture of substances manufactured, sold, offered for sale or represented for use in -
| | (a) the diagnosis, treatment, mitigation or prevention of disease, abnormal physical state or the symptoms thereof in man or animal; and
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| | (b) restoring, correcting or modifying organic functions in man or animal;
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| (ii) a single drug or combination of drugs ready for use and placed on the market under a special name or in a characteristic form, both patent and Proprietory preparations, but does not include an Ayurvedic drug or Ayurvedic medicine, a Homoeopathic drug or Homoeopathic medicine ;
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"Government Analyst" means the person for the time being holding the office of the Government Analyst and includes other than for the purposes of section 18, any Additional Government Analyst, Deputy Government Analyst, Senior Assistant Government Analyst or Assistant Government Analyst; "insanitary conditions" means such conditions or circumstances as are likely to contaminate a cosmetic or drug with dirt or filth or render the same injurious to health ; "label" includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to a container of drug, cosmetic or device ; " labelling " includes the label and any written, printed or graphic matter relating to and accompanying the drug, cosmetic or device ; " medical practitioner" means a person registered as a medical practitioner under the Medical Ordinance ; " package " includes anything in which any drug, cosmetic or device is wholly or partly contained, placed or packed ; " sell " means to sell for cash or on credit or by way of exchange and whether by wholesale or retail and " sale " shall have a corresponding meaning ; "veterinary surgeon" means a person registered as a Veterinary Surgeon or a Veterinary Practitioner under the Veterinary Surgeons' and Practitioners' Act, No. 46 of 1956. |
Sri Lanka Consolidated Acts