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Drug and cosmetic act 1940 regulate the Import, Manufacture, Distribution, Storage and Sale of drugs & cosmetic in India. Before commencing any commercial activities of drugs and cosmetics the business owner should obtain appropriate license from the food and drugs administration. The act is applicable to storage, transpiration, retail, wholesale, import and manufacturing activities of drugs and cosmetics. Business entities cannot even transport and store the drugs without taking drug license.
This act includes all types of (Allopathy, Homeopathy, Siddha or Unani) Drugs and devices used as medicines for internal or external use or in the diagnosis, treatment, Mitigation and for prevention of diseases or disorder in human beings or in animals.
Drug license is premise specific license and is required to each premises of an business entity where Medicine and medical devices are stored.
Office premise should be more than 10sq/ Mtr or 110 Sq/ft.
For retail license “registered pharmacist” under state pharmaceutical council is required.
For wholesale an experienced Competent person is required having education qualification above 12th with 4 years of Job experience or Graduate with 1 hour of job experience in pharmaceuticals field.
Office premises should be commercial and in case of retail it should be easily accessible by public.
For retail and wholesale both license at one premises, then office premises should be more than 15sq mtr and Registered Pharmacist is mandatory.
If office will open all 7 days in week, then minimum two competent person/ registered Pharmacist is required.
If office will open for 24 hours, then minimum 3 pharmacist is required.
Drug license is categorised into three categories applicable as per the nature of business. Each license has specific requirements and rules & regulation also differs. Like retail drug license is applicable to those business entities who intends to sale drugs to end consumer.
It is B2B sales, Whole sellers cannot sale medicine to end consumer directly.
To get whole sale license business entity need to hire competent person.
Retailers are allowed to sale medicine to end consumers. To sale medicine retailers requires only doctors’ prescription.
Registered Pharmacist is required
This license holder can manufacture medicine and can sale medicine to whole seller or retailers both. But cannot sale to end consumers.
Technical staff is required who have education in field of chemistry
License issued to a business that manufactures drugs inclusive of allopathic/homoeopathy medicines
Site plan and key plan of office premises (In some states it should be attested by architect)
Commercial Electricity bill and rent agreement of office premises valid for five years
Noc from the owner of office premises
Identity and address proof of applicant
Company formation documents
Invoice of cold storage
Documents of Registered Pharmacist for retail and of Competent person for whole sale
Certificate of pharmaceutical council of state.
B.Pharma/ D.Pharma certificate/ degree.
Photo, Pan card and aadhar card
Bio data in prescribed format by drug dept
Applicant can hire registered Pharmacist (Not mandatory for applicant to have the Pharmacy background education qualification)
Education qualification certificate
Experience certificate in case 12th pass then 4 years and if graduate than 1 years of drug sales and purchase
Photo, Pan card and aadhar card
Applicant can hire competent person
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