SEC. 23. A cosmetic shall be deemed to be adulterated:—(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling thereof or under the conditions of use as are customary or usual: Provided, That this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution:&mdashThis product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph and (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color other than one which is permissible.
MISBRANDED COSMETIC
SEC. 24. A cosmetic shall be deemed to be misbranded
(a) If its labeling is false or misleading in particular.
(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under reasonable variations shall be permitted and exemptions as to small packages shall be established, by regulations prescribed by the Secretary.
(c) If any word, statement, or other information required by or under authority of this Act, to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (d) If its container is so made, formed, or filled as to be misleading.
REGULATIONS MAKING EXEMPTIONS
SEC. 25. The Secretary shall promulgate regulations exempting from any labeling requirements of this Act cosmetics which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such cosmetics are not adulterated or misbranded under the provisions of this Act upon removal from such processing, labeling, repacking establishment.
CHAPTER XI.—General Administration Provisions, Regulations, Hearings and Institution of Criminal Action
SEC. 26. (a) Except as otherwise provided in this section, the Secretary of Health shall, upon recommendation of the Food and Drug Administrator, issue rules and regulations as may be necessary to enforce effectively the provisions of this Act.
(b) The Commissioner of Customs, the Commissioner of Internal Revenue and the Secretary of Health shall jointly prescribe regulations for the efficient enforcement of the provisions of Section thirty, except as otherwise provided therein. Such regulations shall be promulgated upon the recommendation of the Food and Drug Administrator and shall take effect at such time, after due notice, as the Secretary of Health shall determine. (c) Hearings authorized or required by this Act shall be conducted by the Board of Food and Drug Inspection which shall submit its recommendation to the Food and Drug Administrator. (d) When it appears to the Food and Drug Administrator from the report of the Food and Drug Laboratory that any article of food or any drug, or cosmetic secured pursuant to Section twenty-eight of this Act is adulterated or misbranded, he shall cause notice thereof to be given to the person or persons concerned and such person or persons shall be given an opportunity to be heard before the Board of Food and Drug Inspection and to submit evidence impeaching the correctness of the finding or charge in question.
(e) When a violation of any provisions of this Act comes to the knowledge of the Food and Drug Administrator of such character that a criminal prosecution ought to be instituted against the offender, he shall certify the facts to the Secretary of Justice through the Secretary of Health, together with the chemist's report, the findings of the Board of Food and Drug Inspection, or other documentary evidence on which the charge is based.
(f) Nothing in this Act shall be construed as requiring the Food and Drug Administrator to certify for prosecution pursuant to sub-paragraph (e) hereof, minor violations of this Act whenever he believes that public interest will adequately served by a suitable written notice or warning.
FACTORY INSPECTION
SEC. 27. (a) For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized (1) to enter at reasonable hours, any factory, warehouse, establishment in which food, drugs, devices or cosmetics manufactured, processed, packed, or held, for introduction into domestic commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food, drugs, devices, or cosmetics in domestic commerce; and (2) to inspect, in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.
SEC. 28. (a) If the officer or employee making any such inspection of a factory, warehouse or other establishment has obtained any sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
(b) Whenever in the course of any such inspection of a factory or other establishment where food is manufactured, processed, or packed, the officer or employee making the inspection obtains a sample of any such food, and an analysis is made of such sample for the purpose of ascertaining whether such food consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise unfit for food, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
PUBLICITY
SEC. 29. (a) The Secretary may cause to be disseminated information regarding food, drugs, devices, or cosmetics in situations involving, in the opinion of the Secretary, imminent danger to health, or gross deception of the consumer. Nothing in this Section shall be construed to prohibit the Secretary from collecting, reporting, and illustrating the results of the investigations of the Department.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
