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16. Standards of quality.�
[(1)(Note: Subs. by Act 21 of 1962, sec.12, for sub-section (1) (w.e.f.
27-7-1964)) For the purposes of this Chapter, the expression "standard quality"
means �
(a) In relation to a drug, that
the drug complies with the standard set out in [the Second Schedule], and
(b) In relation to a cosmetic,
that the cosmetic complies with such standard as may be prescribed.]
(2) The [(Note: Subs. by Act 11
of 1955, sec.8, for "State Government".) Central Government], after consultation
with the Board and after giving by notification in the Official Gazette not less
than three months� notice of its intention so to do, may by a like notification
add to or otherwise amend [(Note: Subs. by Act 13 of 1964, sec.11, for "the
Schedule" (w.e.f. 15-9-1964)) the Second Schedule] for the purposes of this
Chapter, and thereupon [(Note: Subs. by Act 13 of 1964, sec.11, for "the
Schedule" (w.e.f. 15-9-1964)) the Second Schedule] shall be deemed to be amended
accordingly.
COMMENTS
The standards of qualities are
fixed by the Government after due deliberation and after consulting a committee
of competent men, it is for them to give due allowance forprobable errors before
fixing a standard. When a standard has been fixed it has to be observed
strictly; State of Kerala v.Vasudevan Nair, 1974 KLT 617 (FB): 1975 Cri LJ 97.
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