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Pharma Legis
Pharma Legis
Pharma Legis
IMPORT:-
Introduction
References
Export :-
Export earns a country lot of foreign exchange and helps in tilting the
balance of payment.
Import :-
When a country purchases drugs from other country and brings them
in to the country crossing the geographical borders of the country it is
called import.
Indian Pharmaceutical Market ~US $ 20 bn
Import (2008-09 ) US$ 2.7 Bn
Export (2008-09 ) US$ 8.6 Bn
8% global Production & 2% of World pharma Market
Bulk Drug Production > 400 API’s
Export of Biotech products & Biopharmaceuticals ~US $1363M
Manufacturing Facilities 142 US FDA Approved
Largest Number of Manufacturing Facilities outside US
Abbreviated New Drug approval Filing - 2nd to USA
The export procedure includes several steps :-
1.Receipt of indent
3.Procurement of goods.
6.Dispatch of goods.
8.Shipping order
12.Mate’s receipt
13. Bill of loading
14. Marine insurance
15. Forwarding agent advice
16. Preparation of export invoice
17. Payment
18. Advice to importer
1. Obtaining import licence
2. Foreign exchange
3. Placing the indent
4. Dispatch of goods by export agent
5. Obtaining shipment documents
6. Appointment of clearing agent
7. Endorsement of delivery
8. Payment of import duty dock dues
9. Taking delivery of goods
10. Keeping goods in warehouse
11. Dispatch of goods by clearing agent
12. Receipt of documents
13. Taking the delivery
IMPORT LICENCE:-
Registration certificate:-
Fee for licence:- 1000Rs for a single drug and additional fee at rate of
100Rs for each additional drug.
Application for import licence shall be accompanied by a copy of registration
certificate.
Registration certificate shall not be required for import of invitro diagnostic kits and
reagents.
A fee of 250Rs shall be paid for a duplicate copy of license issued if original is damaged
or lost.
A single application be made and a single license may be issued in respect of import of
more than one drug or class of drugs manufactured by same manufacturer.
Conditions of import licence:-
Premises where imported substance will be stocked are equipped with proper storage.
The licensee shall allow any inspector authorized by licensing authority in that behalf
to enter with or without notice any premises where the imported substances is stocked
to inspect the means if any employed for testing substance and to take sample.
Licensee shall being informed by the licensing authority that any part
of any batch of substance has been found not to confirm with
standards of strength,quality,purity.
The licensing authority issue the license AND IS VALID FOR A PERIOD
OF THREE YEARS.
Licensing authority shall not import of any drug having less than 60%
residual shelf life period as on date of import.
1.
A period of 60 days would be provided for the importers to make
application for import and registration from the date of publication of
these guidelines.
2.
In case of devices which have not been imported in the country
before the date of notification no import would be permitted without the
approval of the competent authority.
3. For the time being and for a period up to six months, until an
application is approved or rejected, whichever is earlier, the devices
which are currently in use will be permitted to be sold. In case of
stents or drug eluting stents the import will not be permitted if the
applicant has sold less than One thousand stents of the particular
specification prior to the date of issue of these guidelines.
This act is then amended in 1986 and FDA Export reform and
enhancement act 1996 which basically solves the problem for
exporting of unapproved drugs biologicals and devices.
Shipments not found to comply with the law are subject to detention.
They must be brought into compliance, destroyed, or re-exported.
Under the Act, FDA may refuse admission to any drug that "appears"
to be unapproved, misbranded, or adulterated, placing the burden on
the importer to prove that specific drugs sought to be imported are
not in violation of the Act.
FDA's Import Program / General Procedures
To ensure that FDA is notified of all regulated products imported into the
United States, the importer, or his/her representative, must file an entry
notice and an entry bond with Customs pending a decision regarding the
admissibility of the product.
FDA inspection and enforcement procedures for imports rely on
coordination with Customs. FDA is notified by Customs of the product’s
entry and makes a decision as to its admissibility.
If FDA does not wish to examine the entry, the product is allowed to
proceed into United States commerce.
Generally, if FDA decides to examine an entry, an agency representative will
collect a sample from the shipment for laboratory evaluation. If the analysis
indicates that the product complies with the Act and related regulations, the
shipment may be released into United States commerce. If there is a
violation, the product will be detained. If not brought into compliance, the
product will be refused admission.
Refusal of Admission
Section 801 of the Act directs FDA to refuse admission to any article that
appears to be in violation of the Act. If admission of the product is
refused, the importer must either re-export or destroy the product under
Customs or other approved supervision. If the product is not destroyed
or re-exported, Customs issues a notice for redelivery to the importer of
record.
Application to Recondition
If admission is refused, the importer may submit an application to
recondition the product to bring it into compliance with the Act
Computerization
To assure the expeditious handling of imported products, FDA has
automated its import operations. By combining FDA's Operational and
Administrative System for Import Support (OASIS) and Customs'
Automated Commercial System (ACS), an FDA reviewer can more
efficiently evaluate and process each import entry.
Information's and records :-
The regulations shall require an importer to submit following
information and documentation:-
Name and quantity of active ingredient of drug.
A description of dosage form
The date on which drug is shipped
The quantity of drug shipped
The point of origin and destination of drug
The price paid by importer
Documentation from foreign seller specifying the original source of
drug
(ii) the qty of each lot of prescription drug originally received by seller
from that source.
Name.address,telephone no. and professional licence no. of importer.
Export Requirements Flowchart
The Medical Device Export Decision Tree flow diagram below depicts a
firm's options to export as revised by the FDA Export Reform and
Enhancement Act of 1996 (FDERA). This quick reference chart shows
when to export under sections 801(1), 801(e)(2), and 802 of the FD&C
Act.
Requirements
Any medical device that is legally in the U.S. may be exported anywhere
The fee charged is the same for each type of certificate but varies
dependent on the service level (24-hour or five-day turnaround)
requested and the number of original copies required.
Certificate of a pharmaceutical product (CPP).
A product may be registered under several names but only one name
can be quoted on the certificate. However a different name may be
quoted in the importing country.
The list of actives and excipients and their full quantitative formulation
must be as detailed against the MA/PL number.
If more than one site is included on the license the applicant can select
which or all of the sites to include on the certificate
The certificate of licensing status is limited to ten products per
certificate and is country specific. Details of the product name, dosage
form, active ingredients and amounts should all be quoted in
accordance with their product license (if applicable) and these details
will be checked against the MHRA database. Any differences will be
queried and will need to be verified.
(j) the sole or primary evidence for the safety and efficacy of the
imported product consists of published scientific literature
Name of API
U.S., UK, Japan, Germany, France, and Italy 15% of population, 75% of
medical device use
China, India, Indonesia, Brazil and Pakistan have about half of the
world’s population but consume only about 5% of medical devices
globally
U.S. medical technology companies lead the world in medical device
production
The U.S. is the world’s largest market for medical technologies ($85
Billion)
U.S. share of world medical device market has held at roughly 45-47%
in recent years
Japan remains the world’s No. 2 medical device market.
Is a government agency
Average Medical Device Approval Times
Japan: 12 to 36 Months
Japan remains the world’s No. 2 medical device market.