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The Drug and Cosmetic Act and Rules Jobin Kunjumon Vilapurathu Asst. Professor Grace college of Pharmacy
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The Drugs and Cosmetics Act and Rules

Apr 15, 2017

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Page 1: The Drugs and Cosmetics Act and Rules

The Drug and Cosmetic Act

and RulesJobin Kunjumon Vilapurathu

Asst. ProfessorGrace college of Pharmacy

Page 2: The Drugs and Cosmetics Act and Rules

• Compilation of Drug and Cosmetic Acts 1940 and Rules 1945

• Passed with objective of regulating the import, manufacture, sales and distribution and sale of drugs and cosmetics.

• Acts and rules are amended from time to time, the major amendment being made on 1982.

• Schedule M (GMP) and Schedule Y (CR) were introduced in 1988.

• Main object of the act is to avoid substandard of drugs in order to maintain high standard of medical treatment.

Page 3: The Drugs and Cosmetics Act and Rules

Definitions• Ayurveda Sidha and Unani Drugs:

o Include all medicines indented for internal or external use for or in diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals & manufactured exclusively in accordance with the formulae prescribed in authoritative books of Ayurvedic, sidha and Unani tibb systems of medicines.

• Central License approving authority:o Means Drug Controller of India appointed by the Central Government.

• Drug:o Includes a) all medicines used for the internal or external use of human

beings or animals and all substances indented to be used for or in diagnosis, treatment , mitigation or prevention of any disease or disorder in human beings or animals including preparation applied for repelling mosquitoes b) substances indented to affect the structure or any function of human body or indented to be used for the destruction of vermin or insects that cause disease in human beings or animals c) all substances indented for use as components of drug including empty gelatin capsules d) devices indented for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals.

Page 4: The Drugs and Cosmetics Act and Rules

• Manufacture:o Include any process or part of process for making, altering,

ornamenting, finishing, packing labeling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution but does not include the compounding or dispensing of any drugs or packing of any cosmetics or drug in ordinary course of retail process.

• Patent or Proprietary Medicine:o In relation to Ayurveda, Sidha or Unani systems of medicine all

formulations containing only such ingredients mentioned in the formulae described in authoritative books of Ayurveda, Sidha or Unani Tibb systems of Medicine specified in the first schedule but does not include medicine which is administered by parenteral route also formulations included in authoritative books as mentioned in the first Schedule.

o In relation to any other system of medicine, a drug which is a remedy or prescription presented in form ready for internal or external administration of human beings or animals and which is not included in edition of the Indian Pharmacopoeia for the time being or any Pharmacopoeia authorized in this behalf by the Central Government after constitution with the DTAB.

Page 5: The Drugs and Cosmetics Act and Rules

• Misbranded drugs: A drug is deemed to be misbranded –o If it is so colored, coated, powdered or polished that damage is

concealed or if it is made to appear of better or great therapeutic value than it really is.

o If it is not labeled in prescribed manner; oro If its label or container or anything accompanying the drugs bears any

statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.

• Adulterated Drugs: A drug is deemed to be adulterated –o If it consists in whole or in part, of any filthy, putrid or decomposed

substance; oro If it has been prepared, packed or stored under insanitary conditions

whereby it may have been rendered injurious to health; oro If its container is composed in whole or in part, of any poisonous or

delirious substances which may render the contents injurious to health.o If it bears for purpose of coloring only a color other than one which is

prescribed.o If it contains any harmful or toxic substance which may render it

injurious to health; oro If any substance has been mixed there with so as to reduce its quality

or strength.

Page 6: The Drugs and Cosmetics Act and Rules

• Spurious Drugs: A drug is deemed to be spurious –o If it is imported or manufactured under a name which belongs to

another drug.; oro If it is an imitation or is a substitute for, another drug or resembles

another drug in a manner likely to deceive or unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drugs; or

o If the label or container bears the name of an individual or company purporting to be the manufacture of the drug, which company or individual is fictious or does not exist.

o If it has been substituted wholly or in part by another drug or substance; or

o If it purports to be the product of a manufacturer of whom it is not truly a product.

• Misbranded Cosmetics: A cosmetic is deemed to be misbranded –o If it contains color which is not prescribe; oro If it is not labeled in prescribed manner; oro If the label or container of anything accompanying the cosmetic bears

any statement which is false or misleading in particular.

Page 7: The Drugs and Cosmetics Act and Rules

• Spurious Cosmetics: A cosmetic is deemed to be spurious –o If it is imported under a name which belongs to another cosmetic; oro If it is an imitation of, or a substitute for, or resembles another

cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or

o If the label of the container bears the name of an individual or company purporting to be the manufacturer of the cosmetic, which individual or company is fictitious and does not exist; or

o If it purports to be the product of a manufacturer of whom it is not truly a product.

Page 8: The Drugs and Cosmetics Act and Rules

• Drug and Cosmetics Rules have been divided into 18 parts each dealing with a particular subject. There are 2 schedules to act and 26 schedules to Rules.

• First Schedule: Name of books under Ayurvedic Sidha and Unani Tibb Systems.

• Second Schedule: Standard to be complied with by imported drugs manufactured for sale, sold, stocked or exhibited for sale or distributed. The Appendices prescribed areo I – Data required to be submitted with application for

permission to market a new drug.o II – Format for submission of Clinical Trial Reports.o III – Animal toxicity requirements for clinical trials and

marketing of new drugs.o IV – Number of animals for long term toxicity studies.o V – Patient consent for participation in a Phase I Clinical trial.o VI – Four groups of fixed dose combinations and their data

requirements.

Page 9: The Drugs and Cosmetics Act and Rules

Important Schedules to rules• A – Performa for application of licenses, issue and

renewal of licenses, for sending memoranda under the act.

• B – Rates of fee for test or analysis by the Central Drugs Laboratory or the Government analyst.

• C – List of biologicals and special products whose import, sale, distribution and manufacture are governed by special provisions.

• D – List of drugs exempted from the provisions of import of drugs.

• H – List of prescription drugs• J – Diseases or ailments which a drug may not purport to

prevent or cure.• K – Drugs exempted from certain provisions relating to

the manufacture of drugs

Page 10: The Drugs and Cosmetics Act and Rules

• M – Good Manufacturing Practices (GMP) requirements of factory premises, plants and equipment's.

• N – List of minimum requirements of efficient running of Pharmacy

• P – life period of drugs.• S – Standards of Cosmetics.• T – Requirements of factory premises and hygienic

conditions for Ayurvedic and Unani drugs.• U – Particulars to be shown in manufacturing, raw

materials and analytical records of cosmetics.• V – Standards for patent or proprietary medicines.• W – List of drugs to be marketed under generic names

only.• X – List of drugs whose import, manufacture and sale are

governed by special provisions.• Y – Requirements and guidelines on Clinical Trials for

import and manufacture of new drugs.

Page 11: The Drugs and Cosmetics Act and Rules

Administration of the Acts and Rules

• For efficient administration of the acts and rules, the following agencies have been provided:

• Advisoryo Drugs Technical Advisory Board (DTAB)o Drugs Consultative Committee

• Analyticalo Central Drugs Laboratoryo Drugs Control Laboratories in Stateso Government Analysis

• Executiveo Licensing Authoritieso Controlling Authoritieso Drugs Inspectorso Customs Collectors

Page 12: The Drugs and Cosmetics Act and Rules

Drugs Technical Advisory Board• Constituted by Central Government to advise the

Central and State Governments on technical matters arising out of administrations of the Act

• It consists of 18 members of whom 8 are ex-officio, 5 nominated and 5 elected members.

• Ex-officio memberso Director General of Health Sciences ( Chairman)o Drugs Controller of Indiao Director, Central Drugs Laboratory Calcuttao Director Central Research Institute, Kasaulio Director Indian Vetenary Research Institute, Izantnagaro President, Pharmacy Council of Indiao President, Medical Council of Indiao Director, Central Drug Research Institute, Lucknow.

Page 13: The Drugs and Cosmetics Act and Rules

• Nominated Memberso 1) Two persons nominated by central Government from amongst persons who

are in charge of drugs control in states.o 2) One person from Pharmaceutical Industry nominated by the Central

Government.o 3) Two Government Analysts, nominated by Central Government.

• Elected Memberso 1) A teacher in pharmacy or pharmaceutical chemistry or pharmacognosy on the

staff of an Indian university or an affiliated college, elected by the Executive Committee of Pharmacy Council of India.

o 2) A teacher in medicine or therapeutics on the staff of an Indian University or an affiliated College, elected by the Executive Committee of PCI

o 3) One Pharmacologist elected by the Governing body of ICMRo 4) One person elected by council of Central Medical Educationo 5) One person elected by Council of IPA.

• The nominated and elected members hold the office for three years but are eligible for renomination and re-election.

• The Central Government appoints a Secretary and provides the clerical and other staff to the board.

• The board may appoint sub-committees and may appoint persons who are not board members either temporarily or for some period not exceeding 3 years.

Page 14: The Drugs and Cosmetics Act and Rules

The Central Drugs Laboratory

• Provides for the establishment of a Central Drugs Laboratory under the control of a director appointed by Central Government.

• The Laboratory established in Calcutta has been entrusted with the following functionso 1) to analyze or test samples of drugs or cosmetics sent to it by the cosmetics

collectors or courts.o 2) to carry out such other duties entrusted to it by the Central Government or with

its permission, by State Governments, after consultation with DTAB.• The Central Research Institute, Kasauli carries out

functions in respect of sera, solutions of serum, proteins for injections, vaccines, toxins, antigens, antitoxins, sterilized surgical ligatures and sutures and Bacteriophages.

• Vetenary Research Institute, Izantnagar and Mukteshwar carries out functions in respect of antisera, vaccines, toxoids & diagnostic antigens, all for Vetenary Use.

Page 15: The Drugs and Cosmetics Act and Rules

• Samples of condoms are sent to Central Pharmacopoeial Laboratory, Ghaziabad.

• Samples of oral poliomyelitis vaccines are sent to Pasteur Institute of India.

• Central Government has additional laboratories as reference centers on AIDS.

• Functions in respect of all homeopathic medicines are carried out at Homeopathic Pharmacopoeial Laboratory, Ghaziabad.

• Samples sent by courts for analysis or test to CDL should be sent by registered post in a sealed packet, enclosed together with memorandum in the prescribed form, in an outer cover addressed to the Director. The package as well as outer cover must be marked with a distinguishing number. A copy of memorandum and specimen impression of the seal should be sent separately to the Director by registered post.

Page 16: The Drugs and Cosmetics Act and Rules

• On receipt of the package, it should be opened by an officer authorized in this behalf by the Director, who should record the condition of the seal on the packet. Result of the test must be sent to the sender Certificates issued must be signed by the Director or any other officer authorized by the Central Government in this behalf by notification in Official gazette.

Page 17: The Drugs and Cosmetics Act and Rules

The Drugs Consultative Committee (DCC)

• DCC is constituted by the Central Government in order to secure uniformity in the Act throughout India.

• It is an advisory committee for the central and State Governments and the DTAB.

• It consisted of two representatives nominated by the Central Government and one nominee of each of the state Governments. The committee meet when required by the Central Government & is empowered to regulate its own procedure.

Page 18: The Drugs and Cosmetics Act and Rules

Government Analysts• State Government by notification in the Official

Gazette, appoint persons having sufficient qualifications to be government Analysts for such areas in state & in respect of such drugs and classes.

• Central Government may also similarly appoint Government Analysts in respect of such drugs or classes of drugs or cosmetics as specified.

• No person having any interest in the import, manufacture or sale of drugs or cosmetics or is directly or indirectly engaged in any trade or business connected with manufacture of drugs can be appointed as Government analysts.

Page 19: The Drugs and Cosmetics Act and Rules

• Qualificationso A graduate in medicine/science/pharmacy/pharmaceutical chemistry of

recognized University and have 5 yrs post graduate experience in testing of drugs in a laboratory under the control of 1)a Government Analyst or 2) head of approved Institution or testing laboratory.

o A Post Graduate in medicine/science/pharmacy/pharmaceutical chemistry of recognized University with at least 3 years of experience in the testing of drugs in a laboratory under the control of 1)a Government Analyst or 2) head of approved Institution or testing laboratory.

• Duties of Government Analysto Analyze or test samples of drugs/cosmetics sent to him by inspectors or other

persons under the act and to furnish reports of the results of test or analysis.o Forward to Government from time to time, reports giving the results of

analysis works and research with a view to their publication at the discretion of Government.

• Procedureo On receipt of package of sample from an Inspector the Government Analyst

should compare the seals on the package with the specimen seals and note its condition. On completion of test, reports in triplicate together with full protocols of the tests or analysis should be sent to the Investigator.

o Government Analyst has to submit a report in form 1 and unless full protocols are supplied, the report cannot be regarded as conclusive evidence.

Page 20: The Drugs and Cosmetics Act and Rules

Licensing Authorities• Any application for the grand or renewal of

license for the import, manufacture, sale, distribution etc of any drug or cosmetic is to be made to the LA. Drug Controller, India has been notified as Central License Approving authority.

• Qualificationso He should be graduate in Pharmacy/Pharmaceutical

Chemistry/Medicine with specialization in Clinical Pharmacology/Microbiology from a recognized University; &

o He has experienced in manufacture or testing of drugs or enforcement of the provisions of act for a minimum period of 5 years.

Page 21: The Drugs and Cosmetics Act and Rules

Controlling Authorities• Drug Inspectors appointed under the

act are under the control of a controlling authority

• Qualificationso He should be graduate in Pharmacy/Pharmaceutical

Chemistry/Medicine with specialization in Clinical Pharmacology/Microbiology from a recognized University; &

o He has experienced in manufacture or testing of drugs or enforcement of the provisions of act for a minimum period of 5 years.

Page 22: The Drugs and Cosmetics Act and Rules

Drugs Inspectors• Appointed by Central and State Governments.• He should be a person with out any financial

interest in the import, manufacture or sale of drugs or cosmetics.

• They are deemed as public servants and are officially subordinate to the Controlling Authority.

• Qualificationso For appointment as DI, person must have a degree in

Pharmacy/Pharmaceutical Chemistry/Medicine with specialization in Clinical Pharmacology/Microbiology from a recognized University;

o For inspection of manufacture of substances in Schedule c, the DI must have 1) at least 18 months experience in manufacture of at least one of the substance specified in schedule C 2) at least 18 month experience in testing one of the item in schedule C 3) gained experience of NLT 3 yrs in inspection of firms manufacturing any of the substances of Schedule C during their tenure as services as DI

Page 23: The Drugs and Cosmetics Act and Rules

• Powers of DIo He can Inspect

• any premises wherein any drug or cosmetic is being manufactured and the means employed for standardizing and testing the drug or cosmetic;

• any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed ;

o Take samples of any drug or cosmetic• which is being manufactured or being sold or is stocked or

exhibited or offered for sale, or is being distributed;• from any person who is in the course of conveying,

delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee;

o At all reasonable times with necessary assistance• search any person, who, he has reason to believe, has

secreted about his person, any drug or cosmetic in respect of which an offence relating to manufacture sale or distribution has been, or is being, committed; or

Page 24: The Drugs and Cosmetics Act and Rules

o enter and search any place in which he has reason to believe an offence relating to manufacture, sale or distribution of drugs or cosmetics has been, or is being committed; or

o stop and search any vehicle, vessel, or other conveyance which, he has reason to believe, is being used for carrying any drug or cosmetic in respect of which an offence has been, or is being, committed, and order in writing the person in possession of the drug or cosmetic not to dispose of any stock that of for a specified period not exceeding 20 days or, unless the alleged offence is such that the defect may be removed by the possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by means of which the offence has been ,or is being, committed

o examine any record, register, document or any other material object with any person or in any place mentioned above and seize the same if it is likely to furnish the evidence as an offence

o require any person to produce any record, register, or other document relating require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution of any drug or cosmetic n respect to which an offence has been committed

Page 25: The Drugs and Cosmetics Act and Rules

o exercise such other powers as may be necessary for carrying out the purposes of the Acts or Rules.

• Duties of Inspectorso A) Inspection of premises licensed for sale:

• Inspect NLT twice an year all establishments licensed for sale of drugs within the area assigned to him and to satisfy himself that the conditions of license are being observed.

• Procure and send for tests or analysis, if he has reason to think that the drugs are sold in contravention of provisions of Acts or Rules.

• To investigate any complaints made to him in writing & to institute prosecutions in respect to the braches of the act.

• To maintain all records of inspections made & actions taken by him including taking of samples and seizure of stocks & to submit copies of such records to the CA

• To make enquiries sand inspections as may be necessary to detect sale of drugs in contravention to the Act.

• When so authorized by State Governments to obtain imported packages which he has reason to suspect to contain drugs whose import is prohibited.

Page 26: The Drugs and Cosmetics Act and Rules

o B) Inspection of Manufacture of Drugs• Inspect NLT twice a year all premises licensed for the

manufacture of drugs within the area allotted to him and satisfy himself that the condition of license and provisions of Acts and Rules are observed.

• In establishments licensed to manufacture products specifies in Schedule C and C1 inspect the process of manufacture, means employed for standardizing and testing of drugs, methods & place of storage, technical qualifications of staff employed & all details of location, construction & administration of establishment likely to affect the potency or purity of drug.

• To send controlling authority after each inspection a detailed report indicating conditions of license & provisions of Acts & Rules which are being observed & which are being not observed.

• To take samples of drugs manufactured on premises & send them for test or analysis.

• To institute prosecutions in respect of breaches of Act and Rules.

Page 27: The Drugs and Cosmetics Act and Rules

• Procedure of Inspectorso An Inspector taking any samples must pay its fair price &

may require written acknowledgement for the same. If price tendered is refused or when Inspector seizes any stock of any drug or cosmetic, he should issue the receipt for the same in prescribed form. (Form 16)

o He should inform the concerned person, the purpose of taking the sample in form 17 & divide the sample to four parts In his presence. Each portion is then sealed & suitably marked. The person from whom the sample is taken must also be allowed to add his mark of seal on the packet. If sample taken from a manufacturing premises, it should be divided to three portions only.

o If the sample if made into small volume is likely to deteriorate, Inspector can take three or more containers when necessary after suitably marking it.

o One portion of sample is to be restored to the person, second part send to Government analyst and third one is preserved for production before the court, if required & fourth is sent to warrantor if any.

o Inspector should sent sample to Government Analyst by registered post or by hand in sealed packet enclosed together with memorandum in Form 18 in an outer cover addressed to Government analyst.

Page 28: The Drugs and Cosmetics Act and Rules

o If the confiscated drug is not of standard quality, it should be reported to court accordingly & court may order destruction of drug under the supervision of Inspector in presence of such authority that the court may prescribe.

o If confiscated drug is of standard quality, Inspector may report court accordingly and court may order sale of drugs by public auction to any party holding a requisite license.

o Any record, register or any other document sized by the Inspector should be returned to the persons from whom they where seized or who produce the same within a period of 20 days of such seizure or produce.

o When an Inspector seizes any record, register or document, or any other material object, he should as soon as inform the same to the judicial magistrate & take his orders to the custody thereof.

o Every person for time being in charge of any premises where any drug or cosmetic is manufactured or is kept for sale or distribution, on being required by the Inspector is legally bound to disclose to the inspector the place where drug or cosmetic is being manufactured or kept.

o Willfully obstructing the Inspector or refusing to provide any record or register is punishable with imprisonment up to three years, or with fine or both.

Page 29: The Drugs and Cosmetics Act and Rules

Schedule M• Good Manufacturing Practices (GMP)• Guidelines are meant to assure the quality

of drugs.• Draft of GMP was prepared in 1975 &

finalized & implemented in 1988• Part I deals with Good manufacturing

practices relating to factory premises.• Part II deals with plant & equipment for the

manufacture of drugs.

Page 30: The Drugs and Cosmetics Act and Rules

Factory Premises• General Requirements

o Location of factory & its surroundings should ensure freedom from contamination due to sewage drain, etc & obnoxious odors or fumes, or large quantity of soot, dust or smoke.

o Factory building should be constructed to ensure production of drugs under hygienic conditions.

o Operations such as manufacturing, processing, packing labeling & testing should be carried out in such a way that mix up & cross contamination are prevented.

o Premises should be constructed and maintained as to prevent entry of insects & rodents, Interior surface should be smooth & free from cracks & permit easy cleaning disinfection. Adequate lighting, ventilation & humidity must be maintained. Drainage systems should be underground, the sanitary fitting & electrical fixtures in the manufacture area must be concealed. Water used must be free of pathogenic micro organisms and of drinkable quality. Waste water should be treated before disposal.

Page 31: The Drugs and Cosmetics Act and Rules

o There should be a validated system for the treatment of water so as to produce purified water confirming to IP specification. Water should be stored in tanks and freedom from microbial growth must be ensured. The tanks should be cleaned periodically and the records should be maintained.

o Provisions should be made for the roper storage of the materials awaiting disposal. The disposal of sewage and effluents shall be as required under the Environmental Pollution control board while all biomedical waste must be destroyed as per the rules of Biomedical Waste Management and Handling rules.

• Warehousing Areao Adequate areas shall be designed & provided with proper bins,

racks & platforms for the storage and warehousing of all materials & products, machine & equipment's etc. Warehousing area must be clean, dry & maintained within acceptable temperature limits. Storage areas should have appropriate house keeping & rodents, pests & vermin control procedures & records should be maintained.

o Active raw materials and excipients must require separate sampling and warehousing area.

o Regular checks should be made to ensure adequate steps taken against spillage, breakage and leakage of containers.

Page 32: The Drugs and Cosmetics Act and Rules

• Production Areao Should be designed to allow the production preferably in uni-

flow & with logical sequence of operations.o The equipment's and materials must be placed orderly & the

movement of personnel must be restricted to avoid cross contamination.

o Separate dedicated self containing facilities should be made available for the production of sensitive pharmaceutical products like penicillin or biological preparations with live microorganisms.

o Pipe works, electrical fittings, ventilations, openings & similar service lines must be designed to avoid creation of recesses.

o Service lines shall preferably identified by colors & nature of supply and direction of flow shall be indicated.

• Quality control areao Should be independent of production area & divided to

separate sections for physio-chemical, biological, microbiological & radio isotope analysis.

Page 33: The Drugs and Cosmetics Act and Rules

o Laboratories shall be designed to avoid mix-ups and cross-contamination. Separate instrument room with adequate area shall be provided for sensitive & sophiscated instruments employed for analysis.

o Suitable storage space shall be provided for test samples, retained samples, reference standards, reagents & records.

• Personnelo Manufacture/testing shall be conducted under the direct

supervision of competent technical staff & head of quality control laboratory shall be independent of manufacturing unit.

o Personnel in quality control and quality control operations shall be suitably qualified & experienced & appropriate training must be given to them in the duties & responsibilities assigned to them.

• Health, Clothing & Sanitation of workerso All personnel coming to contact with products & raw

materials should be free from contagious diseases & should undergo periodic health check up. Just before entry to manufacturing area, room with facility for personnel cleanliness should be provided.

Page 34: The Drugs and Cosmetics Act and Rules

o Prior to employment, personnel shall undergo medical examination & shall be free from TB, skin and other communicable/contagious diseases.

o Periodical medical examination at least once an year may be necessary.

o All persons prior to & during the employment shall be trained in practices that ensure personnel hygiene.

o Persons handling beta lactam antibiotics shall be tested for penicillin sensitivity before employment and those handling sex hormones, cytotoxic substances & other potent drugs shall be periodically examined for adverse effects.

o Direct contact shall be avoided b/w unprotected hands of personnel 7 raw materials, intermediate, or finished unpacked products.

o All persons should wear clean body coverings.o Smoking, eating, drinking, chewing or keeping plants or food &

personnel medicines shall not be permitted in production, laboratory storage & other areas.

• Ancillary Areaso Rest & refreshment rooms should be separate & should not

lead directly to the manufacturing area.o Facilities for changing, storing of clothes & for washing & toilet

purposes should be provided and must be adequate for the number of users.

Page 35: The Drugs and Cosmetics Act and Rules

• Sanitation in Manufacturing premises:o Manufacturing area should not be utilized for any other

purposes & should be maintained clear & in orderly manner free from accumulated waste, dust, debris etc. A routine sanitation program must be exercised.

o Production areas shall be well lit, particularly where visual online controls are carried out.

• Raw Materials: All raw materials must beo Purchased from approved sources under valid purchase

vouchers, possibly from producers directly.o Identified & their containers examined for damage& assigned

control number.o Identified & their containers examined for damage& assigned

control number.o There shall be separate areas for materials under test,

approved & rejected.o All incoming materials shall be quarantined immediately after

receipt or processing.o Materials must be stored in such a way that first in/first

expiry, first out principle can be applied.o Only raw materials released by QC department & which are

within their shelf life shall be used.

Page 36: The Drugs and Cosmetics Act and Rules

• Sterile Productso Separate enclosed areas provided with air locks, dust free,

ventilated with air supply through HEPA filters are recommended.

o Routine microbial counts of area are necessary during manufacturing operation.

o Design of area must avoid possibility of mix up between sterile & non sterile products.

o Access to manufacturing area must be restricted to authorized personnel only.

• Working Spaceo Adequate working space 7 adequate room for orderly

placement of equipment & materials should be provided to eliminate mix up between different drugs 7 cross contamination.

o Separate space should be provided in storage area for “under test”, “approved”, and “rejected”, materials.

Page 37: The Drugs and Cosmetics Act and Rules

• Medical Services: Manufacturer must provide facilities foro Adequate facilities for first aid.o Medical examination of workers at time of employment &

periodic check up there after once in a year.o Facilities for vaccination or other exigencies.

• Equipment: Equipment used for manufacture must be constructed, designed, installed & maintained too Achieve operational efficiency to attain the desired quality.o Prevent physical, chemical or physiochemical change through

surface contact.o Prevent contact of any substances required for operation of

equipment's such as lubricants.o Facilitate thorough cleaning whenever necessary.o Minimize any contamination of any drugs and their containers

during manufacture.

Page 38: The Drugs and Cosmetics Act and Rules

• Master Formula Records: The Licensee ‘d maintain master formula records relating to all manufacturing procedures for each product. The master formula record shall giveo Patent or proprietary name of product along with generic

name. strength & dosage formo Description or identification of final containers, packaging

materials. Labels & closures to be used.o Identity, quality & quantity of each raw materials to be used.o Description of all equipment's & vessels & the size used in the

process.o Manufacturing & control instructions along with parameters

for critical steps such as mixing, drying, blending, sieving, sterilizing the product.

o Theoretical yield to be expected from the formulationo Detailed instructions & precautions to be taken in

manufacture, storage of drugs & of semi-finished products & the requirements in process quality control tests & analysis to be carried out during each stage of manufacture.

Page 39: The Drugs and Cosmetics Act and Rules

• Batch Manufacturing Records: Licensee ‘d maintain batch manufacturing records for each batch of drugs as per Schedule U. it ‘d provide complete account of manufacturing history of each batch showing that it has been manufactured, tested & analyzed in accordance with manufacturing procedures & written instructions as per master formulae.

• Manufacturing Operations & Control: All manufacturing operations must be carried out under the supervision of competent technical staff. Critical steps in the process related to selection, weighing & measuring of raw materials must be done under the direct supervision of competent technical staff.

• Product containers & closures: ‘d comply with Pharmacopoeial requirements. Suitable test methods, cleaning & sterilization procedures ‘d be used to assure that components, closures & other component part of drug packages are suitable & they are not reactive, additive, absorptive, adsorptive or leach to an extent that significantly affects the quality or purity of the drug.

Page 40: The Drugs and Cosmetics Act and Rules

• Labels & other printed materials: Printed labels & packaging materials including leaflets ‘d be handles & accounted to ensure that they don not become intermixed. Prior to issue, they should be examined & released as satisfactory for use by quality control personnel.

• Distribution of Records: Records for the distribution of each batch of drug should be maintained in order to facilitate prompt & complete recall of the batch if necessary.

• Quality control system: Principal duties of quality control department are.o Prepared detailed Instruction for carrying out each tests & analysis.o To release or reject i) each batch of raw material, ii) semi-finished

products if necessary, iii) packaging & labeling materials & final containers, iv) each batch of finished products ready for distribution.

o Evaluate adequacy of conditions under which raw materials, semi-finished products & finished products are stored.

o Evaluate quality & stability of finished products.o To establish, & when necessary revise, control procedures &

specifications.o To examine returned products as to whether such products ‘d be

released, reprocessed or destroyed.

Page 41: The Drugs and Cosmetics Act and Rules

Schedule M Part IIPlant & Equipment

• Recommends the requirements of plant & equipment for the manufacture of drugs under the following sections.o i) Ointments, emulsions, lotions & suspensions, ii)

syrups, elixirs & solutions, iii)pills, compressed tablets & hypodermic needles, iv) Powders, v) Hard gelatin capsules, vi) surgical dressings other than absorbent cotton, vii) Eye ointments,, eye lotions & other preparations for external use, viii) pessaries & suppositories, ix) inhalers, x) repacking of drugs, xi) Parenteral preparations.

Page 42: The Drugs and Cosmetics Act and Rules

MANUFACTURE OF DRUGS• Manufacture in relation to any drug or cosmetic, includes any

process or part of process for making, altering, ornamenting, finishing, packing, labeling, braking up or otherwise treating any drug or cosmetic with a view to its sale & distribution but does not include the compounding or dispensing of any drug or packing of any drug in ordinary course of retail business

• Following licenses are provided for manufacture of drugs under D&C Act1. Drugs other than those specified in Schedule C, C1 & X2. Drugs specified in Schedule C, C1 but not specified in Schedule X3. Drugs specified in Schedule C, & C1

4. Drugs specific in Schedule X but not in Schedule C & C1

5. Drugs specified in Schedule C, C1 and X6. Drugs for the purpose of examination, test or analysis7. Loan Licenses8. Repacking Licenses9. Blood products

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• Repacking is also a manufacturing for the purpose of the act.

• If drugs are manufactured in more than one set of premises, a separate application is to be made & separate license shall be issued in respect of each such premises.

• Licenses for manufacture or sale or distribution of drugs are granted or renewed by Central License Approving Authority (CLAA) appointed by the central government.

• CLAA can delegate his power of signing licenses to any other person under his control with approval of the Central Government.

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Prohibition for the manufacture & sale of Certain Drugs

• From the date notified by the State Government, no person shall himself manufacture for sale or distribution or sell or distribute-o Any drug which is not of standard quality or is misbranded,

adulterated or spurious;o Any cosmetic which not of standard quality or is misbranded,

adulterated or spurious;o Any patent or proprietary medicine whose formulae is not

disclosed on label or the container;o Any drug which purports to cure, mitigate or prevent any

disease specified in Schedule J;o Any cosmetic containing any ingredient which may render it

unsafe or harmful for use;o Any drug or cosmetic in contravention of this act or rules

thereunder;o Any drug or cosmetic which has been imported or

manufactured in contravention of the provisions of this Act or Rules thereunder or in contravention of the conditions of a license.

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• Every person not being manufacturer of a drug or cosmetic or his agent for the distribution shall if so required disclose to the inspector the name address and other particulars of the person from whom he procured the drug or cosmetic.

• A drug or cosmetic shall not be rendered to be misbranded, adulterated or spurious or below standard quality, if-o There has been added thereto some innocuous substance or

ingredient required for its manufacture or preparation as an article of commerce in state fit for carriage or consumption, & not to increase the bulk, or weight or measure of the drug or cosmetic or to conceal its inferior quality or other defect.

o In process of manufacture, preparation or conveyance some extraneous substance has been unavoidably become inter-mixed with it, however this does not apply in relation to any sale or distribution of the drug or cosmetic occurring after the vendor or distributor becomes aware of such inter-mixture.

• There are two types of conditions for all manufacturing licenseso Conditions which are to be satisfied before a license is grantedo Conditions which are to be satisfied after the license is granted.

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Manufacture of drugs specified in Schedule C, C1 & X

• Application for the license of manufacturing drugs specified in Schedule C, C1 excluding those specified in Schedule X should be made to the LA or CLAA in Form 27 & for manufacture of drugs specified in Schedule C. C1 & X in for 27B. Respective licenses are issued in Form 28 & 28B.

• Application for including any additional drug in the license should be accompanied by a fee of Rs.50 for each drug subject to a maximum of Rs.500

• Conditions for the grant of license: Before the grand of license, the following conditions must be complied by the applicant1. The manufacture will be conducted under the active direction of a

competent technical staff consisting at least one person who is a full time employee & who is• A graduate in pharmacy/pharmaceutical chemistry of a recognized

University with al least 18 months practical experience after graduation in manufacture of drugs to which this license applies.

• A graduate in science of a recognized University who passed in degree with chemistry or microbiology as principal subject & had al least 3 years experience in the manufacture of drugs to which the license applies.

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• A graduate in medicine of a recognized University with at least 3 years experience in manufacture of relevant drugs; or

• A graduate in chemical engineering of a recognized University with at least 3 years experience in manufacture of relevant drugs; or

• Holding any foreign qualification comparable in quality, content and training with above qualifications & is permitted to work as competent staff by Central Government

2. The factory conditions must comply with the conditions prescribed in Schedule M and M3

3. Applicant should provide adequate space, plant & equipment for any or all manufacturing operations as prescribed in Schedule M & M3

4.Applicant should provide adequate staff, premises and laboratory equipment for carrying out such tests for strength, quality & purity of substances as required under the rules.5. Adequate facilities for the storage of manufactured drugs should be provided.6. Data on stability of drugs that may deteriorate, for fixing the date of expiry shall be furnished to LA.7. Licensee shall comply with requirements of GMP.8. For manufacture of patent or proprietary medicines, data should be provided to LA that justifies that the medicines are

are stable under conditions of recommended storage.contains such ingredients & in such quantities for which there is therapeutic justification

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• License in form 28 & 28B remains valid for a period of 5 years on and from the date on which it is issued.

• If application for renewal is made before its expiry, or application made within 6 months of expiry, after payment of additional fee, the license shall continue to be valid

• License shall deemed to have expired if the application for its renewal is not made within 6 months of its expiry.

• Large Volume Parenteral means the sterile solutions indented for parenteral administration with a volume of 100ml or more in one container of the finished dosage form indented for single usage.

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• Conditions of the License1. Licensee should provide & maintain, adequate staff & adequate premises

and plant for the proper manufacture & storage of substances2. Licensee ‘d maintain records of the manufacture as per particulars given

in schedule U.3. Licensee ‘d allow Inspectors to enter any premises where manufacture is

carried on & to inspect the process of the manufacture.4. Licensee ;d allow inspectors to inspect all registers and records

maintained under these rules & to take samples of manufactured product5. ‘d inspect LA any changes in expert staff & any material changes in

premises or plant since date of last inspection.6. On request by LA licensee ‘d furnish form every batch, a sample of

adequate quantity for any examination7. If any batch has been found out by LA not to confirm with the standards,

licensee ‘d withdraw the remainder of batch from sale.8. ‘d maintain a Inspection book to enable inspector to record his

impression.9. ‘d maintain reference samples of each batch of drugs manufactured by

him, in a quantity twice than that sufficient for conducting all tests.10.‘d forward to LA of state a statement of sales effected to manufacturers,

wholesalers, retailers, hospitals, nursing homes, dispensaries every three months.

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Manufacture of Drugs other than those specified in

Schedule C & C1• Application for the grand or renewal of license for the manufacture of

drugs other than those specified in schedule C, c1 & X ‘d be made to LA in Form 24 & for manufacture of Schedule X drugs in Form 24F. Respective licenses are issued in form 25 & 25F

• Application for grand/renewal of such license shall be made for up to 10 items in each category in Form 24-A accompanied by fee of 6000 & an inspection fee of Rs. 1500 to LA & license shall be issued in Form 25A.

• Additional fee of Rs 300 per item is payable for each additional item• License in form 25 or 25F remains valid for a period of 5 years on and

from the date on which it is issued.• If application for renewal is made before its expiry, or application made

within 6 months of expiry, after payment of additional fee, the license shall continue to be valid

• License shall deemed to have expired if the application for its renewal is not made within 6 months of its expiry.

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Manufacture of Drugs for Examination, Tests or

Analysis• License is necessary for the manufacture of any drug in small

quantity for the purpose of examination, test or analysis.• If a person proposing to manufacture does not hold license i) to

manufacture drugs other than those specified in Schedule C, C1 & X, or ii) to manufacture drugs specified in Schedule C, C1 in respect to such drugs; he should obtain license in Form 29.

• If drug is not recognized as safe for use, license in Form 29 is only granted after producing no objection certificate from LA appointed by Central Government.

• License remains valid for a period of one year time• Drugs ‘d be kept in containers bearing labels indicating the purpose

for which it has been manufactured.• If the drugs are to be supplied, it should bear label stating name &

address of manufacturer, scientific name of substance & purpose for which it has been manufactured.

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• Conditions for License1. Drugs ‘d be used exclusively for the purpose for

which they are manufactured2. Licensee ‘d allow inspector to inspect the

premises & satisfy himself that only examination, test or analysis is being conducted.

3. Licensee ‘d keep record of quantity of drugs manufactured and supplied to any person.

4. Licensee ‘d maintain inspection book to enable inspector to record his impression and defects noticed.

5. Licensee must comply with any rules made subsequently and of which the LA has given him NLT one months notice.

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Manufacture of New Drugs

• Defined as a drug the composition of which is such that it is not generally recognized among experts as safe for use under conditions recommended; or

• suggested on the label & includes any drug the composition of which is such that the drug as a result of investigations for determining its safety for use under such conditions, is so recognized but which has not otherwise than during course of such investigations, been used to any large extend for any appreciable length of time under the said conditions.

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• Provisions applicable for the manufacture of new drugs whether classifiable under schedule C & C1 or otherwise:

o No new drug can be manufactured unless prior approval of the LA has been taken.

o Applicant ‘d produce all documentary & other evidence relating to the standards of quality, purity, strength & such other information as may be required including the results of therapeutic trials carried out on the new drug.

o While applying for a license to manufacture a new drug, or its preparations an applicant should produce along with his application evidence that the drug has already been approved.

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Loan Licenses• A loan license means a license which a LA may issue to a applicant who does

not have his own arrangements for manufacture but who intends to avail himself of the manufacturing facilities owned by another licensee.

• Issued for the manufacture for sale or distribution of drugs other than those specified in Schedule C, C1 & X.

• Application for license is made in Form 24-A & the license is issued in Form 25-A.

• Before grant of license, the LA or CLAA shall get the premises inspected by one or more inspectors.

• Inspector shall check into all the portions of the plant & shall also inquire in professional qualification for the technical staff employed.

• For the manufacturing of additional items, an application must be made to LA.• Licensee is required to test each batch of raw materials & finished products &

the records must be maintained for a period of 5 yrs from the date of manufacture. (2yrs in case of drugs having expiry date, from the date of expiry)

• Loan license is deemed to be cancelled or suspended if license owned by loan licensee, whose manufacturing facilities is been availed by licensee is cancelled or suspended.

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Repacking Licenses• Repacking license are granted for breaking up of any drug

other than those specified in Schedule C, & C1, on application to LA in Form 24B & license is issued in Form25B subject to satisfying the following conditions:

1. The repacking operation must be carried out under hygienic conditions & under supervision of competent staff namely,a) A person who holds an approved Diploma in Pharmacy or is an Registered

Pharmacist.b) A person who has passed intermediate examination with Chemistry as principal

subject.c) A person who has passed matriculation & has at least 4 yrs practical experience in

manufacturing, dispensing or repacking of drugs.2. Factory conditions must specify conditions prescribed in

Schedule M.3. Applicant must have in his premises adequate facilities for the

testing of drugs. Which is separate from the repacking unit.4. License must be kept at licensed premises & produced on

request of DI

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5. Any change in competent staff must be reported to LA

6. For repacking of any additional items, application must be made to LA.

7. The label on repacked drugs should mention the name & address of the licensee & his license number preceded by the word ‘Rpg. Lic. No.”

8. The license remains valid up to 31st December of the year following the year in which it is grated.

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Import & Registration of Drug & Cosmetic

• Drugs/cosmetics may be imported to India under the authority of a license excepting those whose import is prohibited.

• Some drugs/cosmetics can be imported without any permit, providing they are of standard quality & statement that they comply with the provisions relating to import has been given to the Customs Collector by manufacturer or importer.

• Registration:o Requirement of registration of premises & drugs manufactured

& meant for the import to India was introduced with effect from 1.1.2003

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• Registration Certificate means a certificate issued by the LA for the registration of premises & drugs manufactured by the manufacturer meant for import into & use in India.

• An application for the issue of a registration certificate should be made to LA along with the information & undertaking specified in Schedule DI & DII. Registration certificate remains valid for a period of 3 years.

• Requirements of Schedule D I are as followsI. Particulars of manufacturer & manufacturing premises- i)

name & address of manufacturing premises to be registered. Ii) name & address of partners/directors iii) name & address of authorized agents in India. Iv) brief profile of manufacturer’s business & research activity v) copy of plant master file. vi) copy of plant registration/approval issued by authority of concerned foreign country.

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2. Particulars of manufactured drugs to be registered under registration certificate- i) name of drug to be registered for import into & use in India. ii) a copy of approval list of above drugs showing permission for manufacturing/marketing in the country of origin. iii) a copy of GMP certificates as per WHO guidelines. iv) domestic prices of drugs to be imported in the currency of country of origin, v) names of drugs which are original products of the manufacturer.

3. Undertaking to declare that- i) that applicant shall comply with the conditions imposed under acts & rules, ii) applicant report from time to time any changes pertaining registration certificate or any administrative action taken due to ADR, iii) applicant shall allow LA to enter & inspect manufacturing premises & to examine process r procedures & allow to take samples of drugs concerned for test, analysis or examination, in respect to any drug manufactured for which application for registration certificate has been made.

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• The requirements of Schedule D II are as follows1. General- i) name of drug/formulation/special product, a brief

description, therapeutic class to which it belongs, Drug Masters file & GMP certificate, ii) list of countries where marketing authorization for said drug is granted/cancelled/withdrawn/pending, iii) list of countries where said drug is patented & iv) domestic price of drug n currency followed in country of origin.

2. Chemical & Pharmaceutical Information of the drugs- i) chemical name, dosage form, composition, source, specifications & tests for identification of active ingredients, iii) documentation on pack size, storage condition, safety documents on containers & closures, iv) manner of labeling & package insert, v)three samples of drug/product & outer packing with batch certificate to be submitted, vi) batch test reports of five consecutive production batches to submitted for every site of manufacturing.

3. Biological & Biopharmaceutical information of drugs- i) biological control tests applied on starting material/intermediate products/finished products, ii) stability of finished product, iii) sterility & pyrogen test specification & protocol designs, iv) acute & sub acute toxicity test & specification & protocol, v) date relating to bioavailability studies & bio equivalence, vi) any other relevant information

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4. Pharmacological & toxicological information of drugs- i) executive summary of product mentioning specific & general pharmacologic actions of drug & pharmacokinetic studies, ii) note on acute, sub acute & long term toxicity studies & details on specific studies on reproductive toxicity, local toxicity & carcinogenic studies.5. Clinical Documentation- separate permission for new drug (under rule 122E) by LA is required & such new drugs requires a brief summary on clinical documentation along with necessary permission for its registration certificate.6. Labeling & packaging information of drugs- i) labels should as per specification under the acts & rules, ii) package inserts ‘d be in English & include following therapeutic indications: posology & method of administration, contraindications, special warnings & special precautions, interactions, whether pregnancy & lactation contraindicated, undesirable effects, antidote for over poisoning, effects on ability to drive & use machines, iii) package insert ‘d include information on list of exepients, incompatibilities, shelf life, special precautions for storage, name & specification of the container & instruction for use/handling.7. Specific information for special products- to be supplied separately in annexures A,B & C.

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Prohibition of Import of certain drugs or cosmetics

• No person can import1. Any drug/cosmetic which is not of standard quality2. Any misbranded, spurious or adulterated drug3. Any misbranded or spurious cosmetic4. Any drug/cosmetic for import for which license is prescribed otherwise

than under & in accordance with such license.5. Any patent or proprietary medicine unless there is displayed in the

prescribed manner on the label the true formulae or list of active ingredients in it.

6. Any drugs which purports to claim or mitigate any such disease or ailment specified in schedule j in the rules

7. Any cosmetic which contains an ingredient which may render it unsafe for use.

8. Drugs whose manufacture sale & distribution are prohibited in the country of origin,

9. Drugs not labeled & packed in prescribed manner10.Biologicals & other special products after the date of their expiry as

mentioned in label or those not complying with the standards of strength, quality, purity as may be specified.

11.Any new drug expect with express permission of licensing authority.12.Any drug/cosmetic, the import which is prohibited under the rules.

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Import of Drugs under License or Permit

• The following classes of drugs can be imported under the license or permit granted by LA1. Drugs specified in Schedule C C1 except those specified in Schedule

X2. Drugs specified in Schedule X3. Small quantities of drugs imported for the purpose of examination,

test or analysis.4. Drugs for personal use covered by the prescription of registered

medical practitioner.5. Any new drug

An application for import license must be made to the proper authority in prescribed form & license remains valid up to 31st December of the year following the year it was granted unless it was suspended earlier.Aggrieved party has the right to appeal in High Court against an order of the drugs controller of India canceling the import license granted to him.

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• A separate license is necessary in respect of drugs from each manufacturer

• A separate license is necessary in respect to drug manufactured in each premises when a single manufacturer abroad has more than one factory.

• A single application may be made & single license may be issued in respect of import of more than one drug or class of drugs manufactured by same manufacturer.

• A change in constitution of licensed firm must be informed to the LA

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Conditions of Import License

• An import license is subjected to the following conditions1. Manufacturer must observe at all times the undertaking given

by him or on his behalf on Form 9.2. The license must allow any authorized inspector to enter any

premises where the imported substance is stocked to inspect the means, if any, employed for testing the substances 7 to take samples.

3. The licensee should furnish a sample adequate for examination as required by LA together with full protocol for tests if any from all batches or from such batches as directed by LA.

4. If directed y LA the licensee ‘d not sell any batch in respect of which a sample or protocols are furnished as above until certificate is issued to him by LA.

5. In case the licensee is informed by LA that the drug does not comply with the prescribed standard, he ‘d recall the entire batch from market as practicable.

6. ‘d maintain records of all sales of imported substances showing particulars of substances & persons to whom it is sold & such records must be open for inspection

7. ‘d comply with further requirement as may be prescribed by LA & which has been given NLT 4 months notice

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• Import of fixed dose combinationso Application for import or manufacture of fixed dose

combination of two or more drugs shall be made to the LA. LA after satisfied that the fixed dose combination to be imported shall be effective & safe for use in country shall issue permission in form 45 or Form 46.

• Import of Schedule C, C1 & X drugso An import license is required for the import of any biological or

other special product specified in schedules C, C1 excluding X, & drugs specified in Schedule X. LA must also be satisfied that the premises where imported substance will be stocked by the importer are equipped with proper storage accommodation for preserving the properties of imported drugs. Licensee ‘d inform LA any change in the constitution of licensed firm.

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• Import of drugs for examination, test or analysis: small quantities of drugs can be imported subject to the following conditions—1. Drugs can be imported only under a license in Form 112. Substances imported ;s be used exclusively for the

purpose of examination, test or analysis in the place specified or in any other place authorized by LA.

3. Licensee must allow any authorized inspector to enter & inspect the premises & to investigate the manner in which the substances are being used & to take samples thereof.

4. Licensee must keep record of samples imported under the license together with their quantities, date of importation &name of manufacturer, & report these particulars to the LA.

5. Licensee must comply with any further requirement & of which LA has given him NLT one months notice.

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Import of Drugs for Personal Use: Drugs whose import is otherwise permitted may be imported in small quantities subject to the following conditions—

1. Drugs must form part of a passengers bonafide baggage & must be indented exclusively for the personal use of passenger.

2. Drug must be declared to the Customs Collector, if so directed,3. The quantity of any single drug so imported must not exceed

hundred average doses.LA may in exceptional cases sanction the import of larger quantities.Import of drugs by Govt. Hospitals/Medical Institutions for the treatment of patients:

Small quantities of new drugs otherwise prohibited for import may be imported for the treatment of patients suffering from life-threatening diseases or diseases causing serious or permanent disability by a medical officer of Govt. Hospital or Medical Institution. Application for such import must be made in Form 12AA.

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• Import of New Drugs:o No new drug can be imported except with the permission of the

LA. While applying for such permission, all documentary & other evidence relating to standards of quality, purity & strength ‘d be supplied to the LA.

• Procedure for Import of New Drugs:o The drugs ‘d be labeled in conformity with the prescribed rules.

All consignments of drugs to be imported ‘d be accompanied by an invoice or other statement showing the make & address of the manufacturer & the names & quantities of the drugs. Before importing such drugs, declaration signed by the manufacturer on behalf of the importer that the drugs comply with the provisions of the Acts & Rules ‘d be supplied to the customs collector.

o Customs Collector can take samples of any drugs in the consignment & forward to the director of laboratory appointed for this purpose by the Central Government. If report of analysis indicate that the drug in a consignment is not of standard quality the Customs Collector may direct the imported to export back the consignment to the manufacturer within two months or forfeit the same to Central Government for destruction.

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Exempted Drugs: the drugs specified in Schedule D are exempted from provisions of import of drugs as follows

Class of drugs Extend of Conditions of exemption

• Substances not indented for medicinal use

• Substances used both as drugs as well as food, eg: condensed or powdered milk, Farex, Oats, Lactose & similar Cereal preparations whether fortified with Vitamins or otherwise excepting those for parenteral use.

• Virol, brovil, Chicken essence & all other similar predigested foods

• Ginger, pepper, cumin, cinnamon & similar spices & condiments of official Quality.

• Drugs & Cosmetics imported for manufacture & export by Units situated in special Economic zones as notified by Government of India in time to time.

• Can be imported without any restriction provided imported in bulk & label indicating that substance is not indented for medicinal use

• Exempted from all provisions regulating import.

• Can be imported without restriction provided covered by an import license, import registration && imported through notified port of entry, subject to conditions that these drugs & cosmetics shall not the diverted for sale in the Country

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Places through which drugs may be

imported in India• In respect to drugs

imported by rail across the frontier with Pakistan

• In respect to drugs imported by rail across the frontier with Bangladesh

• In respect to drugs imported by road & rail connecting India & Nepal

• In respect to drugs imported by sea into India

• In respect to drugs imported by air into India

• Ferozpur cantonment & Amritsar Railway station

• Ranaghat, Bongaon & Mohiassan Railway Stations

• Raxaul

• Chennai, Kolkata, Mumbai, Cochin & Kandla

• Chennai, Kolkata, Mumbai, Delhi, Ahmedabad & Hyderabad

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Offences Relating to Import of Drugs

• Import of adulterated or spurious drugs/cosmetics or cosmetics containing substances which may render it unsafe or harmful for useo First Conviction: Imprisonment up to three years & fine up to

5000o Subsequent Conviction: Imprisonment up to five years or

fine up to 10,000 or both.• Import of any drugs or cosmetics other than

referred above, the import of which is prohibitedo First Conviction: Imprisonment up to 6 months or fine up to

500 or botho Subsequent Conviction: Imprisonment up to one year or fine

up to 1000 or both• Import of any drug or cosmetic in contravention

of any notification issued under section 10Ao Imprisonment up to three years or fine up to 5000 or both.

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Application of laws relating to Sea & customs• The Customs Collector & other Officers authorized

in this behalf by the Central Government may detain any imported packages which he suspects to contain any drug or cosmetic the import of which is prohibited under this act, and report such detention to the drugs Controller, India & if necessary forward any package or sample to Central Drugs Laboratory for analysis.