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Govt Rationalises Minor Offences Under Drugs, Cosmetics, And Food Safety Laws

OMMCOM NEWS by OMMCOM NEWS
June 26, 2026
in Nation
Drugs

New Delhi: The Centre has operationalised key reforms under the Jan Vishwas Act, 2026 relating to the Drugs and Cosmetics Act, 1940 and the Food Safety and Standards Act, 2006, with the objective of enhancing trust-based governance, reducing compliance burden for businesses, and ensuring proportionate regulatory enforcement without compromising public health safeguards, according to a statement issued by the Health Ministry on Friday.

The amendments seek to decriminalise certain minor and technical violations and replace criminal proceedings with administrative penalties, thereby promoting ease of doing business and improving regulatory efficiency. At the same time, stringent provisions against offences that pose risks to public health and consumer safety continue to remain in force.

As part of the reforms, Section 29 of the Drugs and Cosmetics Act, 1940, which prescribed a penalty of up to Rs 1 lakh for the use of a government analyst’s report for advertising any drug or cosmetic, has been omitted.

Further, violations relating to the manufacture or sale of low-risk cosmetics have been brought under an administrative penalty framework. These include cases where a cosmetic product fails to comply with minor quality parameters or contains labelling deficiencies and errors. However, offences involving spurious or adulterated cosmetics, which have a direct bearing on consumer safety, continue to attract strict penal provisions under the Act.

The amendments have also converted violations under Section 28A, which primarily relate to procedural and compliance requirements such as maintenance of records and submission of information, into administrative penalties.

To facilitate effective implementation of the new framework, provisions relating to the appointment of Adjudicating Authorities and an Appeal Mechanism have been introduced, enabling the timely and transparent disposal of cases involving such contraventions.

Under the Food Safety and Standards Act, 2006, provisions relating to the imposition of court fines in cases involving false complaints against Food Safety Officers have been converted into an administrative penalty mechanism.

The punishment for interfering with seized items has been rationalised, with the term of imprisonment reduced from six months to three months.

Further, the provision relating to obstructing or resisting a Food Safety Officer has been omitted from the Food Safety and Standards Act, as such offences are already adequately covered under the provisions of the Bharatiya Nyaya Sanhita (BNS), thereby avoiding duplication in the legal framework.

The reforms introduced through the Jan Vishwas Act reflect the government’s commitment to fostering a modern, transparent and trust-based regulatory ecosystem. By distinguishing between technical or procedural non-compliances and serious public health offences, the amendments seek to ensure proportionate enforcement while preserving the integrity of India’s food and drug regulatory framework, the statement added.

(IANS)

Tags: DrugsNew Delhi
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