Drugs and Cosmetics Act,1940
Act No : 23
Section :
Pleas.
19. Pleas. (1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under this Chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug 4*[or cosmetic] in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale. (2) 5*[For the purposes of section 18 a drug shall not be deemed to be misbranded or 6*[adulterated or spurious] or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality] only by reason of the fact that-- (a) there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug 4*[or cosmetic] as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug 4*[or cosmetic] or to conceal its inferior quality or other defects; or 7* * * * * (b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it: provided that this clause shall not apply in relation to any sale or distribution of the drug --------------------------------------------------------------------- 1. Omitted by Act 68 of 1982, s. 14 (w.e.f. 1-2-1983). 2. Ins. by Act 13 of 1964, s. 14 (w.e.f. 15-9-1964). 3. Ins. by Act 68 of 1982, s. 15, (w.e.f. 1-2-1983). 4. Ins. by Act 21 of 1962, s. 15 (w.e.f. 27-7-1964). 5. Subs. by Act 13 of 1964, s. 15, for certain words and figures (w.e.f. 15-9-1964). 6. Subs. by Act 68 of 1982 s. 16, (w.e.f. 1-2-1983). 7. Cl. (aa) ins. by Act 11 of 1955, s. 10, omitted by Act 13 of 1964, s. 15 (w.e.f. 15-9-1964). 71 1*[or cosmetic] occurring after the vendor or distributor became aware of such intermixture. 2*[(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of section 18 if he proves-- (a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof; (b) that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section; and (c) that the drug or cosmetic, while in his possession, was properly stored and remained in the same state as when he acquired it.]
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