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REGULATORY & COMPLIANCE PRACTICE

The Government of India is bringing in changes to the regulatory environment with respect to sensitive products like food and drugs, nutraceuticals, medical devices, biotech products, tobacco, wines and spirits. While some of these changes are mandated by international conventions and rules (like WHO regulations on tobacco), many other developments are in response to growing industry needs and increased interest in investments in India in certain fields like drug clinical trial. Such are the dynamics in these sectors that hitherto unregulated industries like medical devices have been brought under the ambit of regulatory mechanism as a result of certain adverse events. Some such examples are allegations of unsafe ingredients used in baby oil thus ‘misbranding’ the product. The other incidents widely reported are contamination of bottled drinking water, presence of pesticides in bottled soft drinks etc. 
India has a federal structure of Government and different subject matters for legislation come under legislative competencies of either the Centre or the twenty-eight (28) States or at times both. Further, India has a staggering number of legislation (some dated), at the central, state and municipal levels and legal compliance of all aspects of an entities operations is essential.

The Mashelkar Committee, an Expert Committee under Ministry of Health & Family Welfare in 2003, gave recommendations related to amendments for improvement in the drugs regulatory infrastructure in the country including setting up of a strong, well- equipped and professionally managed Central Drugs Authority (CDA), along the lines of the USFDA, reporting directly to Ministry of Health and Family Welfare. The present Central Drugs Standard Control Organization (CDSCO)   is being restructured into a Central Drugs Authority of India (CDAI) which would be also addressing the new emerging fields pertaining to bio-technology products, medical devices, diagnostics, new drugs and clinical trials, pharmacovigilance, manufacturing of pharmaceutical products for export etc. The proposed Central Drugs Authority of India would also be viewed in the context of initiatives by the Ministry of Health & Family Welfare including the Work Bank Assisted Capacity Building Project for Food and Drugs. The Drugs and Cosmetics Amendment Bill, 2007 will amend the Drugs and Cosmetics Act, 1940.
The moves, coming after a long wait, are expected to facilitate upgradation of national drugs regulator, uniformity of licensing and enforcement and improvement in quality and safety of drugs.

 

 
 
Contact Persons -
Dr. Sangeeta Chadha
+91-11-43509308, Mobile- 9810596304
 
 
  Ms. Minakshi Sarma Dabas
  +91-11-43621019.
  minakshi@clgindia.com
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