Sri Lanka Consolidated Acts

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Cosmetics, Devices And Drugs Act (No. 27 of 1980) - Sect 22

Powers of Authorized Officers,

22.
(1) An Authorized Officer may, for the performance of his duties and the exercise of his powers-
(a) at any reasonable time enter any place where he believes any article is manufactured, prepared, packaged, preserved or stored and examine any such article and take samples thereof, and also examine anything that he believes is used for the manufacture, preparation, preservation, packaging or storing of such article;
(b) open and examine any receptacle or package that he believes to contain any article;
(c) where the Authorized Officer is a Superintendent of Health Services or a Medical Officer of Health, examine any books, documents or other records found in any place mentioned in paragraph (a) that he believes to contain any information relevant to the carrying into execution or the enforcement of this Act with respect to any article and make copies thereof or take extracts there- from ; and
(d) seize and detain for such time as may be necessary any article by means of or in relation to which he believes any provisions of this Act or regulations made thereunder have been contravened.
(2) For the purposes of this section and section 23 " article " means
(a) any cosmetic, device or drug;
(b) anything used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any cosmetic, device or drug ; and
(c) any labelling or advertising material.
(3) An Authorized Officer acting under this section shall If so required, produce his authority.
(4) The owner or person in charge of a place entered by an Authorized Officer in pursuance of subsection (1) and every person found therein shall give the Authorized Officer all reasonable assistance in his power and furnish him with such information and such samples as he may require.
(5) No person shall obstruct any Authorized Officer acting in the exercise of his powers under this Act or any regulations made thereunder.
(6) If any Authorized Officer applies to obtain samples of any cosmetic, device or drug exposed for sale, and the person exposing the cosmetic, device or drug refuses to sell to the Authorized Officer such quantity thereof as he may require or refuses to allow that officer to take the quantity which he is empowered to take as samples the person so refusing shall be deemed for the purposes of subsection (5) to have obstructed an Authorized Officer.
(7) No person shall knowingly make a false or misleading statement either orally or in writing to any Authorized Officer engaged in the exercise of his powers under this Act or any regulations made thereunder.
(8) No person shall remove or alter, tamper or otherwise interfere in any manner with any article seized under this Act by an Authorized Officer without the authority of the Authorized Officer.
(9) Any article seized under this Act may at the option of the Authorized Officer be kept or stored in the building or place where it was seized or may at his discretion be removed to any other place.
(10) An Authorized Officer shall forthwith inform the Authority of any seizure made under this Act.


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