To be published in the Gazette of India
Extraordinary Part-I, Section-I
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Public Notice No. 62
(RE-2013)/2009-2014
New Delhi, Dated the 26 June, 2014
Sub: Procedure relating to
tracking and tracing of export consignment of pharmaceuticals and drugs.
In exercise of the
powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, as
amended from time to time, and in supersession of the following Public Notices,
Director General of Foreign Trade hereby prescribes the following procedure for
tracking and tracing of export consignments of drugs and pharmaceutical
products:
(i) Public
Notice No. 21(RE-2011)/2009-2014 dated 10.01.2011
(ii) Public
Notice No. 59(RE-2010)/2009-2014 dated 30.06.2011
(iii) Public
Notice No. 87(RE-2010)/2009-2014 dated 22.12.2011
(iv) Public
Notice No. 10(RE-2012)/2009-2014 dated 11.07.2012
(v) Public
Notice No. 54(RE-2012)/2009-2014 dated 05.04.2013
(vi) Public
Notice No. 31(RE-2013)/2009-2014 dated 17.10.2013
2. Every exporter of Drugs & Pharmaceuticals at the time of shipment
shall submit, alongwith other required documents, the
following:
(i) A copy of Certificate of Analysis
issued by the manufacturer for the subject products; or
(ii) A
copy of Certificate of Analysis issued by approved laboratory of the importing
country/ FDA; or
(iii) A
copy of Certificate of Analysis issued by a laboratory approved by Drugs
Controller under Drugs & Cosmetics Act, 1940 and the rules made thereunder.
3. (i) Exporters
of pharmaceutical products will adopt a track and trace system and incorporate
its features for exported medicines using barcode technology as per GS 1 global
standards. The following is needed to be done as detailed below:
a. Primary Level packaging requirement:
Incorporation of 2D (GS1 Data matrix) barcodes on medicines at strip/vial/bottle,
etc. encoding unique product identification code (GTIN) and Unique Serial
Number of the Primary pack.
b. Secondary Level packaging requirement :
Incorporation of barcodes (1D or 2 D) encoding unique product identification
code (GTIN), Batch Number, Expiry Date and Unique Serial Number of the
Secondary pack. Mono cartons shall be treated as Secondary Level Packaging in
line with prevalent global packaging nomenclature.
c. Tertiary Level packaging requirement:
Incorporation of barcodes (1 D) encoding unique product identification
code (GTIN), Batch Number, Expiry Date and Unique Serial Number of the Tertiary
pack (shipper/carton).
(ii) The
track and trace technology as per serial number 3(i) above will be effective as
under:
(a) Primary Level
packaging
:- Effective date will be notified later.
(b) Secondary Level
packaging :- 1st January,
2013 (already given effect to)
(c) Tertiary Level
packaging :-
1st October, 2011 (already given effect to)
4.
In case, the Government of the importing country has mandated a specific
requirement, the exporter has the option of adhering to the same and in such a
case, it would not be necessary to comply with the stipulations at serial
number a, b & c of para 3(i)
above and if an exporter is seeking to avail exemption from bar coding
prescribed by the Government of India as above, the exporter is given the
option to move an application to the Pharmaceuticals Export Promotion Council
of India (Pharmexcil) for this purpose, clearly
specifying the nature of such an exemption in the interest of the exports from
the country. Pharmexcil shall dispose of such
applications on case to case basis with prior approval of Government.
5.
Under the track and trace system, manufacturers would be required to maintain
serialized record of exported pharmaceutical products for a minimum period of
six months after the expiry date of the product.
6.
Authentication features will be added in due course and integrated with the
track and trace system and Government will set up a Central Portal for
tracking and tracing exported pharmaceutical products.
7.
A self certification process has been mandated effective 15.05.2014, vide
Public Notice No. 56 (RE-2013)/2009-2014 dated 01.04.2014 read with Public
Notice No. 58 (RE-2013)/2009-2014 dated 15.04.2014. This shall continue
to be applicable without any change.
8.
Effect of this Public Notice:
(i)
The
requirement of affixing bar codes on Tertiary Level and Secondary Level
Packaging already implemented w.e.f. 01.10.2011 and
01.01.2013 respectively continue to be in force.
(ii)
The
requirement of affixing barcodes on Primary Level Packaging was to be
effective from 01.07.2014. Now this date has been deferred till a new
date is notified.
(iii)
Earlier
through Public Notice No. 31 dated 17.10.2013, mono cartons were to be treated
as part of Primary Level Packaging. Now this has been modified to treat
mono cartons as Secondary Level Packaging.
(Pravir Kumar)
Director General of Foreign Trade
E-mail: dgft@nic.in
(Issued from F.No.
01/91/180/648/AM 09/Export Cell)