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Amendment in drug and cosmetics law, administrative fine will be imposed on procedural violations

by Vaidehi Verma
June 26, 2026
in Health
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Amendment in drug and cosmetics law, administrative fine will be imposed on procedural violations
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New Delhi, June 26 (IANS). The Central Government has implemented important reforms related to ‘Drugs and Cosmetics Act, 1940’ and ‘Food Safety and Standards Act, 2006’ under ‘Jan Vishwas Act, 2026’. These reforms aim to promote trust-based governance, reduce the burden on businesses to comply, and ensure fair enforcement without compromising public health protection. The Health Ministry gave this information in its statement issued on Friday.

The purpose of these amendments is to decriminalize some minor and technical errors and to impose administrative penalties in place of criminal proceedings, thereby promoting ‘ease of doing business’ and improving regulatory functioning. Also, strict provisions against crimes that pose a threat to public health and consumer safety will remain in force as before.

Under the reforms, Section 29 of the ‘Drugs and Cosmetics Act, 1940’ has been removed. In this section, there was a provision of a fine of up to Rs 1 lakh for using the report of a government analyst for advertising any medicine or cosmetic.

In addition, violations related to the manufacture or sale of low-risk cosmetics have been brought within the scope of the administrative fines regime. These include cases where a cosmetic product does not meet minor quality standards or has deficiencies or errors in labeling. However, for crimes related to fake or adulterated cosmetics, which have a direct impact on consumer safety, the provisions of strict punishment under this law will remain applicable.

These amendments have converted contraventions under Section 28A, which primarily relate to procedural and compliance requirements such as record keeping and submission of information, to administrative fines.

To effectively implement the new framework, provisions related to appointment of Adjudicating Authorities (decision making authorities) and appeal mechanism have been introduced so that cases related to such violations can be resolved in a timely and transparent manner.

The provisions for imposing penalty by the Court in cases of false complaints against Food Safety Officers under the Food Safety and Standards Act, 2006 have now been converted into an administrative penalty system.

The punishment for tampering with confiscated articles has been rationalized, with the jail term reduced from six months to three months.

Further, the provision relating to obstructing or resisting the work of a Food Safety Officer has been removed from the Food Safety and Standards Act, as such offenses are already well covered under the provisions of the Indian Code of Justice (BNS); In this way duplication in the legal framework will be avoided.

The reforms undertaken through the Public Trust Act demonstrate the government’s commitment to creating a modern, transparent and trust-based regulatory system. By distinguishing between technical or process-related deficiencies and serious public health offences, these amendments are intended to ensure fair enforcement of the rules while maintaining the integrity of India’s food and drug regulatory framework, the statement said.

–IANS

SHK/VC

Tags: Businesshealth/medicalIANSNationalPolitics

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