CHAPTER 303
FOOD AND DRUGS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
GENERAL PROVISIONS

A. FOOD

   3.   Prohibition against sale of poisonous, unwholesome or adulterated food

   4.   Deception

   5.   Standards of foods

   6.   Prohibition against sale of food not of the nature, substance or quality demanded

   7.   Sale and preparation of food under insanitary conditions

B. DRUGS

   8.   Prohibited sale of drugs

   9.   Deception

   10.   Standards of drugs

   11.   Prohibition against sale of drugs not of the nature, substance or quality demanded

   12.   Sale and preparation of drugs under insanitary conditions

C. COSMETICS

   13.   Prohibited sale of cosmetics

   14.   Standards of cosmetics

   15.   Sale and preparation of cosmetics under insanitary conditions

D. DEVICES

   16.   Prohibited sale of devices

   17.   Deception

   18.   Standards of devices

   19.   Sale and preparation of devices under insanitary conditions

PART III
IMPORTATION AND WARRANTY

   20.   Importation

   21.   Warranty

PART IV
ADMINISTRATION AND ENFORCEMENT

   22.   Food and Drugs Board

   23.   Regulations

   24.   Powers of authorised officers

   25.   Appointment and duties of public analyst

   26.   Power of Director of Medical Services

   27.   Duty of local authority to enforce Act

   28.   Power of Minister to obtain particulars of certain food or drug ingredients

PART V
LEGAL PROCEEDINGS

   29.   Power of court to order licence to be cancelled and articles to be disposed of

   30.   Prosecution

   31.   Penalties

   32.   Certificates of analysis and presumptions

   33.   Saving of other written laws

   34.   Minister’s power to amend Schedule

      SCHEDULE

AN ACT

to protect the public against health hazards and fraud in the sale and use of food, drugs, cosmetics and medical devices; and to provide for matters incidental thereto or connected therewith.

[1st December, 1972.]

Act 22 of 1972,

Act 13 of 1994,

Act 14 of 2004.

PART I
PRELIMINARY

1.   Short title

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

2.   Interpretation

In this Act, unless the context otherwise requires—

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

“article” includes—

      (a)   any food, drug, cosmetic or device and any labelling or advertising materials in respect thereof; or

      (b)   anything used for the preparation, preservation, packing or storing of any food, drug, cosmetic or device;

“authorised officer” means a Medical Officer of Health, a Health Inspector, or any suitably qualified person authorised in writing by the Minister or by a local authority with the approval of the Minister for the purposes of this Act, and—

      (a)   for the purpose of taking of samples under sections 24 and 26 and sending them to a public analyst, and for receiving reports thereof under section 25, includes a police officer of or above the rank of Assistant Inspector and an officer of the Department of Customs and Excise authorised in that behalf by the Controller of Customs and Excise;

      (b)   for the purpose of exercising control in respect of drugs, cosmetics or devices, includes an inspector as defined in the Dangerous Drugs Act; and

      (c)   for the purpose of any proceedings under section 30, includes the principal officer as defined in the Local Government Act;

“Board” means the Food and Drugs Board established by section 22;

“cosmetic” includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair, eyes, teeth or nails, and includes deodorants and perfumes;

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

“drug” includes—

      (a)   any substance included in any publication mentioned in the Schedule; and

      (b)   any substance or mixture of substances prepared, sold or represented for use in—

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

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

“food” includes any article manufactured, sold or represented for use as food or drink for human consumption, chewing gum, and any ingredient of such food, drink or chewing gum;

“Health Inspector” has the meaning assigned to it in the Public Health Act;

“insanitary conditions” means such conditions or circumstances as might cause contamination of a food, a drug or a cosmetic with dirt or filth or might render the same injurious or dangerous to health;

“label” includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed or impressed on, or attached to or included in, belonging to, or accompanying any food, drug, cosmetic or device;

“local authority” means—

      (a)   a municipal council; or

      (b)   a township council; or

      (c)   a rural council; or

“Medical Officer of Health” has the meaning assigned to it in the Public Health Act;

“Municipal Council”, “District Council” and “Township Council” have the meanings assigned respectively thereto in section 2 of the Local Government Act;

“package” includes anything in which any food, drug, cosmetic or device is wholly or partly placed or packed, and includes any basket, pail, tray or receptacle of any kind, whether open or closed;

“premises” includes—

      (a)   any building or tent or other structures, permanent or otherwise, together with the land on which the same is situated and any adjoining land used in connection therewith, and includes any vehicle, conveyance or vessel; and

      (b)   for the purpose of section 24, a reference to premises shall be deemed to include reference to any street, open space or place of public resort, bicycle or other vehicle used for the preparation, preservation, packaging, storage or conveyance of any article;

“preparation” includes manufacture and any form of treatment, and “prepare” shall be construed accordingly;

“public analyst” means a person appointed by the Minister, or by a local authority with the approval of the Minister, to act as an analyst for the purposes of this Act;

“sell” includes offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange, dispose of for any consideration whatsoever, or transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;

“ship” includes any boat or craft;

“subordinate court” means a subordinate court constituted under the Subordinate Courts Act;

“substance” includes liquid and gas.

PART II
GENERAL PROVISIONS

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