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Food and Drug Department Had No Legal Ground to Seize Brazilian Colognes, Matter is Being Investigated by the CID

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Regulations Made Under the Food and Drugs Act (Chapter 34:03)

First Published: 23rd of July, 2021. Georgetown, Guyana, South America.

Last updated: July 24, 2021 at 17:40 pm

The Food and Drug Department had no legal grounds to seize 4 million dollars worth of Brazilian colognes and perfumed products from a local businessman, and the matter has been reported and is currently being investigated by the Criminal Investigation Department of the Guyana Police Force.

On the 16th of June, 2021, four officials from the Food and Drug Department, who identified themselves as Carol Edwards, Triston Jones, Jennel Rodney, and Suzanna Atkins, seized over 1,100 pieces of Brazilian colognes and perfumed products from the home of Mr. Annandram Persaud on the ground that they did not have English labels.

The officials at the Food and Drug Department tried to withhold the Regulations Made Under the Food and Drug Act from the businessman as well as this publication by saying that it is out of print and is being updated. However, we managed to get hold of a copy through a contact at the Parliament of Guyana. As you can see from the photos uploaded below, the entire chapter 5, which covers cosmetics, does not mention the word “English” once.

The first 5 photos below shows regulations 98 through 111 which covers cosmetics.

Regulations 98 (Chapter 5 – Cosmetics) of the Food and Drugs Regulations
Regulations 99 to 102 (Chapter 5 – Cosmetics) of the Food and Drugs Regulations
Regulations 103 to 107 (Chapter 5 – Cosmetics) of the Food and Drugs Regulations
Regulations 108 and 109 (Chapter 5 – Cosmetics) of the Food and Drugs Regulations
Regulations 110 to 111 (Chapter 5 – Cosmetics) of the Food and Drugs Regulations

This publication called the Food and Drug Department today, Friday, 23rd of July, 2021, and referred them to the fact that the law nowhere stipulates that cosmetics must be labeled in English. Their response was that the regulations state that Drugs must be labeled in English and that the same rule is understood for Cosmetics even though it is not stated in the regulations – or something to that effect. This logic is totally backward and flawed since cosmetics and Drugs are two separate categories of products covered in the regulations and the rules for one cannot automatically apply to the other.

Drugs is covered in Parts 3 and 4 (Regulations 46 to 97) while Cosmetics is covered in Part 5 (Regulations 98 to 111). We reiterate that the rules for each category of products are separate and distinct and cannot be superimposed on another category.

The photo below shows regulation 48 (Chapter 3 – Drugs) which states that the labels of Drugs must show “adequate directions for use in the English Language.”

Regulations 47 to 48 (Chapter 3 – Drugs) of the Food and Drug Regulations

Related:

Food and Drug Department Seizes Four Million Dollars Worth of Brazilian Products

Food and Drug Department Admits that they Only Targeted One Man for Foreign Language Labels

The Guyana Food and Drug Department Will Have to Explain the Following

Food and Drug Department Says they Will Likely Dump and Crush 1,100 Pieces of Brazilian Products Seized from Businessman

Food and Drug Department Returns 39 Bottles of Illegally Seized Brazilian Colognes

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