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Editor’s message
Regulation for manufacture medical device for purpose of clinical investigations,
test, evaluation, examination, demonstration or training
By Pradeep Kumar Verma
At a Glance- Indian Regulatory Updates of February 2020
By Tanveer Ahmad
Regulation on Medical Device and In vitro Diagnostic manufacturing
By Pradeep Kumar Verma
Global Regulatory at a glance
By Pranita Dhage & Tausif Ahmad, RPh
OTC Compliance
Legislations
Biologicals Act
FDC Cosmetics
Medical Devices
Drugs Pharmacovigilance
Regulatory Affairs
Rules
Clinical Research
Phytopharmaceuticals FMD GRP
Guidelines Regulations
GCP
Veterinary Medicine
Vaccines
Page No. 1
Chief Editor
Mr. Ravindra B Joshi
Editor
Dr. Sangamesh B Puranik
Executive Editor
Mr. Tausif Ahmad
Associate Editors I am happy to release second issue of "Regulatory Samvad-for your
Mr. Arun Mishra information", an astounding initiative by the Association of
Mr. Rahul Mehrotra Regulatory Affairs Professionals (ARAP) for knowledge sharing and
providing regular updates in the field. Being a platform for
Publication Head
enlightening young minds regarding the regulatory initiatives and
Dr. Pavan P.
engaging them in discussions regarding the regulatory affairs, this is
Member Editorial Board an excellent e bulletin that is useful to both the fresher’s and masters
Disclaimer- Opinions expressed by the authors of individual articles do not necessarily represent the official view of ARAP
and those gathered from the public domain for information only and it does not contain (legal) advice.
Page No. 2
Regulation for manufacture medical device for purpose of clinical investigations, test, evaluation,
examination, demonstration or training.
By Pradeep Kumar Verma
Test licence to manufacture for test, evaluation, clinical investigations, etc.,
(1) Small quantity of Class A or Class B or Class C or Class D of medical devices may be manufactured for the purpose
of clinical investigations, test, evaluation, examination, demonstration or training for which an application shall be
made in Form MD-12 to the Central Licensing Authority and shall be accompanied with a fee as specified in the Second
Schedule.
Fees: - Test licence to manufacture for clinical investigations, test, evaluation, examination, demonstration or training
for each distinct medical device- five hundred rupees.
(2) The application made under sub-rule (1) shall also be accompanied with the following documents, namely:—
(a) brief description of the medical device including intended use, material of construction, design and an undertaking
stating that the required facilities including equipment, instruments, and personnel have been provided to
manufacture such medical devices; (b) List of equipment, instruments; (c) List of qualified personnel; (d) Copy of
manufacturing licence issued under these rules, if any; (e) Approval letter authorizing to undertake research and
development activities issued by any Government organization, if any.
(3) The Central Licensing Authority, after enquiry, if any, as may be considered necessary, on being satisfied that the
requirements of these rules have been complied, shall grant a test licence in Form MD-13, or may reject the
application for reasons to be recorded in writing, within a period of thirty days from the date the application is made
under sub-rule (1).
(4) The licencee shall maintain a record of the details of quantity of the product manufactured under test licence.
Validity of licence - A licence granted under sub-rule (3) shall, unless cancelled earlier, remain in force for a period of
three years from the date of its issuance.
Conditions of test licence to manufacture for test, evaluation, clinical investigations, etc,— A licence in Form MD-
13 under rule 31 shall be subject to the following conditions, namely:—
(a) The licencee shall use the medical device manufactured under licence granted under sub-rule (3) of rule 31
exclusively for the purpose of clinical investigations, test, evaluation, examination, demonstration or training at the
place specified in the licence;
(b) The licencee shall allow any Medical Device Officer to enter, with or without notice, the premises where the
medical device are manufactured and to satisfy himself that only clinical investigations, test, evaluation, examination,
demonstration or training is being conducted on such device;
(c) The licencee shall maintain a record of the quantity of medical device manufactured, tested and stocked and its
disposition.
Cancellation of test licence to manufacture for test, evaluation, clinical investigations, etc.,— (1) Where any licencee
under rule 31 contravenes any provision of these rules, the Central Licensing Authority, shall, issue a show cause
notice to such licencee asking, as to why an order should not be made to cancel the licence.
(2) The Central Licensing Authority shall, after giving an opportunity to the licencee to explain in writing licencee’s
defense, pass an order for cancellation or otherwise and record the reasons therefor in the said order.
(3) A licencee, whose licence has been cancelled, may appeal to the Central Government within forty five days from
the date of the order.
Page No.3
CDSCO issued public notice on 31st Jan 2020 that the officials from Veterinary Division will be available at (Public
Relation Office) PRO (HQ), New Delhi on every Wednesday (Forenoon).
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num
_id=NTYzNw==
Draft of the Drugs and Magic Remedies objectionable Advertisements Amendment Bill 2020”
Government of India, Ministry of Health & Family Welfare issued “Draft of the Drugs and Magic Remedies
objectionable Advertisements Amendment Bill 2020” on 03 Feb 2020 & solicit suggestions /comments/objections
from the public/stakeholders with regard to the said draft Bill. The suggestions/comments/objections may be
forwarded within 45 days from the date of issue of this Notice by email at drugsdivmohfw@gov.in or by post to
Under Secretary (Drugs Regulation), Ministry of Health and Family Welfare, Room No. 414A, D Wing, Nirman
Bhawan, New Delhi - 110011. The suggestions/comments/objections received on the above email/address within
the period of 45 days shall be taken into consideration for finalization of the notification.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num
_id=NTU0NQ==
Notice to manufacturers regarding extension in time limit for submission of application to FDCs
CDSCO issued noticed regarding Notice on 07th Feb 2020 regarding Pathway for subsequent manufacture of
category‘d’ FDCs as per Prof. Kokate Committee Report-extension in time limit for submission of application. The
manufacturers who are holding licenses from State Licensing Authorities before 01.10.2012 and didn't apply to DCG
(I) were required to present their application to the directorate before 22.11.2019. The extension date were given
to submit application to FDCs by 30.05.2020. In the view of above, without prejudice to legal validity of such licenses,
all concerned manufacturers/stakeholders are requested to submit their application along with requisite fees as
specified in the Sixth Schedule of the New Drugs and Clinical Trial Rules, 2019 by 30.05.2020.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num
_id=NTU0Ng==
Page No.4
CDSCO issued alert regarding Drug Alert list for month of January 2020
CDSCO issued alert on 10th Feb 2020 regarding Drug Alert list for month of January 2020.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?nu
m_id=NTU0Nw==
CDSCO issued noticed regarding Notice on 13th Feb 2020 regarding PRO details of all Zones/Sub Zones.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?nu
m_id=NTU2Mg==
CDSCO issued notice on 18th Feb 2020 regarding FAQ of New Drugs and Clinical Trials 2019, The FAQs on New Drugs
and Clinical Trial Rules 2019 are already uploaded on website but concern have been raise regarding the
applicability of the rules in case of drugs not considered as new drugs as well as submission and processing of
applications for grant of permission to manufacturer trial batches of new drug or investigational new drug for test
and analysis, CT or BA/BE study. In view of this, three questions (No. 01, 47 & 65) are updated and one additional
question is included for bringing clarity in these aspects.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?nu
m_id=NTU4OA==
CDSCO issued notice on 20th Feb 2020 Consideration of the direction of Hon'ble Supreme Court of India in the case
of 294 FDCs regarding. It has been considered that manufacturer/stakeholders may submit the information/data
with respect to 49 FDCs as well as 17 FDCs by 30.05.2020. In case of failure to submit the data/information by
30.05.2020, the decision will be made by the judgment of the Hon'ble Supreme court.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?nu
m_id=NTU4OQ==
Page No.5
Grant of Permission in Form CT-11/ CT-14/CT-15/ CT-17 under New Drugs and Clinical Trials rules 2019
CDSCO issued notice on 20th Feb 2020 regarding Grant of Permission in Form CT-11/ CT-14/CT-15/ CT-17 under New
Drugs and Clinical Trials rules 2019. Notice No. 12-01/20-DC (Pt 51) has been issued on 18.02.2020 giving clarity on
submission and processing of such applications for grant if permission to manufacture trial batches of new drug or
investigational new drug for test and analysis, CT or BA/BE study. To streamline the processing, it has been decided
that, such applications will be processed by CDSCO(HQ)/Zonal/Sub-Zonal office, as the case may be, within 07 working
days of the receipts of applications.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num_i
d=NTYyMQ==
CDSCO Notices for streamlining applications for new drugs, clinical trials & BA/BE studies
CDSCO issued Notices on 21st Feb 2020 for Streamlining Applications for New Drugs, Clinical Trials and Bioavailability/
Bioequivalence (BA/BE) Studies/ grant of COPP
1. Permission to conduct BA/BE study and Clinical trial.
2. Approval of FDCs containing new drugs.
3. Fixing of limit of impurities in the specification of INDs.
4. Pre-submission meeting.
5. Sub-acute toxicity study report for injectable products for BA/BE study in human for export.
6. Requirement of Stability Data for COPP -regarding.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num_i
d=NTYyMg==
Revised Guidance list of Laboratories on Performance Evaluation of In-vitro Diagnostic Medical Devices
CDSCO published Revised Guidance list of Laboratories on Performance Evaluation of In-vitro Diagnostic Medical
Devices on 24th Feb 2020. “In case of in-vitro diagnostic medical devices, performance evaluation report by the
manufacturer shall be submitted by the applicant. In this regard, SLA/ CLA may require the Performance Evaluation
Report for the in-vitro Diagnostics from laboratories.
https://cdsco.gov.in/opencms/opencms/system/modules/CDSCO.WEB/elements/download_file_division.jsp?num_i
d=NTYzNg==
Page No. 6
As per the Gazette Notification S.O 5980 (E ) dated 03.12.2018 stated that “ Nebulizer, Thermometer,
Glucometer and B.P meter regulate from 01.01.2020, continuously gazette notification issued by Ministry of
Health vide no. S.O 4671 (E ) dated 27.12.2019 stated that the word and figures 01 day of January 2020 the
word and figures 01 day of January 2021 shall be substituted of the notification S.O 5980 ( E) dated 03.12.2018.
As per the Gazette Notification S.O 775 (E ) dated 08.02.2019 stated that “(i) All implantable medical devices;
(ii) CT scan Equipment; (iii) MRI Equipment; (iv) Defibrillators; (v) Dialysis Machine; (vi) PET Equipment; (vii) X-
Ray Machine; and (viii) Bone marrow cell separator regulate from 01.04.2020, continuously gazette notification
issued by Ministry of Health vide no. S.O 4672 (E ) dated 27.12.2019 stated that the word and figures 01 day of
April 2020 the word and figures 01 day of January 2021 shall be substituted of the notification S.O 775 ( E) dated
08.02.2019.As per the Gazette Notification S.O 3721 dated 16.10.2019 Ultra Sound Machine will be regulate
from 01.11.2020
List of device currently in regulation
21 Condoms 01.01.2018
The Central Drugs Standard Control Organization (CDSCO) under Directorate General of Health Services in Ministry of
Health and Family Welfare (MoHFW), Government of India (GoI) is the National Regulatory Authority (NRA) responsible
for approval of manufacturing, import, conduct of clinical trials, laying down standards, sale and distribution of medical
devices through enforcement and implementation of the Medical Devices Rules, 2017 released through Gazette of India
notification G.S.R. 78(E), dated 31st January 2017 by the MoHFW, GoI.
The Medical Devices Rules, 2017 contains rules on the following:
Chapter- I Title, Application, Commencement, Definition
Chapter - III Authorities, delegation of powers, Notified bodies, Medical Devices Testing Centres,
Chapter - IV Manufacture of MD-Application, Inspection, grant of lic, conditions of lic, Suspension, Cancellation,
Appeal, Test License
Chapter - V Import of MD-Application, Overseas Inspection, grant of lic, Test lic, Hospital use, Personal use
Chapter - VI Labelling requirement
Chapter - VII Clinical Investigation- Permission, Medical management, Compensation, Inspection
Chapter - VIII Permission to import or manufacture medical device which does not have predicate medical device
Chapter -IX Duties and Powers of Medical Device Officer, Medical Device Testing Officer and Notified Body
Chapter -X Regulation of Laboratories for carrying test or evaluation
Chapter - XI Sale of Medical Devices
Chapter - XII Miscellaneous – Rejection of application, Debarment of applicant, Exemptions
Notified body.— (1) Any institute, organization or body corporate may seek accreditation, after notification of these
rules, as a Notified Body by applying to the National Accreditation Body referred to in rule 11 in such form and manner
as may be determined by the National Accreditation Body from time to time.
(2) The Notified Body accredited under sub-rule (1) shall be competent to carry out audit of manufacturing sites of
Class A and Class B medical devices to verify conformance with the Quality Management System and other applicable
standards as specified under these rules in respect of such medical devices as and when so advised by the State
Licensing Authority.
(3) Any Notified Body accredited under sub-rule (1) shall, if it intends to carry out audit of a manufacturing site of Class
A or Class B of medical devices in accordance with sub-rule (2), register with the Central Licensing Authority.
(4) Any Notified Body under sub-rule (3), with an experience of at least two years, may apply to the Central Licensing
Authority for registration as a Notified Body for carrying out audit of Class C and Class D medical devices, provided it
has personnel with requisite qualification and experience.
Page No.10
(5) With effect from the 1st day of the July, 2017, the Notified Body accredited in accordance with sub-rule (3) may make
an application to the Central Licensing Authority for registration in Form MD-1 through online portal accompanied with
a fee specified in the Second Schedule along with documents as specified in Part I of the Third Schedule.
(6) The Central Licensing Authority, on being satisfied, shall register the Notified Body and issue a registration certificate
in Form MD-2.
(7) The Registration Certificate shall remain valid in perpetuity, unless, it is suspended or cancelled, provided the
registration certificate holder deposits a registration retention fee as specified in the Second Schedule every five years
from the date of its issue. (8) If the registration certificate holder fails to pay the required registration certificate retention
fee on or before due
date as referred to in sub-rule (7), the registration certificate holder shall, in addition to the retention fee, be liable to pay
a late fee calculated at the rate of two per cent. of the registration certificate retention fee for every month or part
thereof within ninety days, and in the event of non-payment of such fee during that period, the registration certificate
shall be deemed to have been cancelled.
(9) The Notified Body shall perform the functions as specified in Part II of the Third Schedule.
(10) The Central Licensing Authority, may, in cases where the requirement specified for registration of Notified Body have
not been complied with, reject the application and shall inform the applicant of the reasons for such rejection.
(11) An applicant who is aggrieved by the decision of the Central Licensing Authority under sub-rule (10), may file an
appeal within forty five days from the date of receipt of such rejection before the Central Government, which may after
such enquiry and after giving an opportunity of being heard to the appellant, dispose of the appeal within a period of
sixty days.
Duties of Notified Body.— A registered Notified Body, referred to in rule 13, shall carry out its duties and functions, in
respect of Class A or Class B medical devices as specified in Part II of the Third Schedule.
Fees to be charged by Notified Body.— A registered Notified Body may charge fee from the applicant for the services
rendered by it as may be determined by the Central Government.
The notified bodies registered with CDSCO under provisions Medical Devices Rules, 2017 to carry out audit of
manufacturing site under the provisions of said rules. In this connection, following Notified Bodies have been registered
with CDSCO vide letter no. 29/Misc/3/2017-DC (288) dated 30.12.2019:
1. M/s Intertek India Pvt. Ltd.
E-20, Block B1, Mohan Cooperative, Industrial Area New Delhi (India) - 110044 Telephone No.: 011-41595475,
9310412823 Fax: 011-41595460 E-Mail: kamal.gupta@intertek.com
2. M/s TUV Rheinland India Pvt. Ltd.
82/A West Wing, 3rd Main Road 82/A West Wing, 3rd Main Road Electronic City (India) - 560100 Telephone No.:
080- 46498030 Fax: 08046498042 E-Mail: guruprasad.hc@ind.tuv.com
3. M/s TUV Sud South Asia Pvt. Ltd.
TUV SUD House, Off Saki Vihar Road, Saki Naka Andheri (East), Mumbai-400072. Telephone No.: 022-49035508
Fax: 022-49035508 E-mail: info@tuv-sud.in
4. M/s, Dnv GI Business Assurance India Private Limited
Equinox Business Park, Tower 3, 6th Floor, BKC, LBS Road, Kurla West, Mumbai-400070 (India), Telephone No.:
022-61768909 Fax: 022-61768950 E-Mail: JOHER.JERWALLA@DNVGL.COM RC No. RC/NB-000004
Page No.11
2. Application for grant of loan license to Form One site -5000 Apply on
manufacture for sale or for distribution MD-4 Each distinct medical device - 500 CDSCO Sugam
of Class A or Class B medical device Portal
3. Application for grant of license to Form One site -50000 Apply on
manufacture for sale or for MD7 Each distinct medical device - 1000 CDSCO Sugam
distribution of Class C or Class D Portal
medical devices
4. Application for grant of loan license to Form One site -50000 Apply on
manufacture for sale or for distribution MD8 Each distinct medical device - CDSCO Sugam
of Class C or Class D medical device 1000 Portal
5. Application for license to manufacture Form Each distinct medical device - 1000 Apply on
medical device for purpose of clinical MD12 CDSCO Sugam
investigations, test, evaluation, Portal
examination, demonstration, or training
Page No.12
9. Loan Licence to manufacture for sale or for Form As specified in applied Issued by SLA
distribution of Class A or Class B Medical Device MD6 form MD
10. Licence to manufacture for sale or for Form As specified in applied Issued by CDSCO
distribution of Class C or Class D Medical MD9 form MD after inspection by
Device MDO
11. Loan Licence to manufacture for sale or for Form As specified in applied Issued by CDSCO
distribution of Class C or Class D Medical Device MD10 form MD
12 Licence to manufacture Medical Device for the Form As specified in applied Issued by CDSCO
purpose of clinical investigations or test or MD13 form MD
evaluation or demonstration or training
13. Permission to import/manufacture for sale or Form As specified in applied Issued by CDSCO
for distribution of medical device which does MD27 form MD
not have a predicate medical device
14. Permission to import or manufacture New In- Form As specified in applied Issued by CDSCO
Vitro Diagnostic Medical Device MD29 form MD
Policy for Diagnostics Testing in Laboratories Certified to Perform High Complexity Testing under CLIA
The Food and Drug Administration (FDA or Agency) is issuing this guidance to provide a policy for novel coronavirus
(COVID-19) molecular diagnostics tests developed and used in laboratories certified to perform high-complexity
testing under the Clinical Laboratory Improvement Amendments (CLIA) prior to issuance of emergency use
authorizations (EUA) for such tests.
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/policy-diagnostics-testing-
laboratories-certified-perform-high-complexity-testing-under-clia-prior
TGA
Application to reduce the deferral period for some blood donors under consideration
The TGA is evaluating an application submitted by Australian Red Cross Lifeblood, which proposes to reduce the
deferral period for donors with a sexual activity-based risk factor from 12 to three months since the last sexual
contact. This application follows a review initiated by Australian Red Cross Lifeblood in 2017.
The application is being evaluated by specialist scientific and medical evaluators within the TGA. As part of this
process, we may consider any advice and recommendations from the Advisory Committee on Biologicals to inform
the final TGA decision.
https://www.tga.gov.au/application-reduce-deferral-period-some-blood-donors-under-consideration
Page No.16
EMEA
Meeting highlights from the Committee for Medicinal Products for Human Use (CHMP)
Two new medicines recommended for approval
The Committee recommended granting a marketing authorisation for Fetcroja (cefiderocol) for the treatment of
infections due to aerobic Gram-negative organisms in adults with limited treatment options and the generic
medicine Tigecycline Accord (tigecycline) received a positive opinion for the treatment of complicated skin and soft
tissue (i.e. tissues just below the skin) infections and complicated intra-abdominal infections.
https://www.ema.europa.eu/en/news/meeting-highlights-committee-medicinal-products-human-use-
chmp-24-27-february-2020
ANVISA
CALL NOTICE NO. 2, OF JANUARY 29, 2020
ANVISA has defined a specific code for petitions related to call Notice 2/2020
On Thursday (1/30) Anvisa published call notice 2/2020, aimed at requesting information on similar drugs registered
in the country, but which have not yet been adapted to the rules of the collegiate board’s resolution (DRC) 134/2003.
RDC 134/2003 establishes standards for the suitability of similar drugs, requiring companies to send proof of safety
and efficacy or interchangeability with the reference drugs.
NAFDAC
Public Alert No. 002/2020- Warning About ‘Life Threatening’ Side Effects Of ‘Miracle Mineral Solution
NAFDAC issued notice regarding Miracle Mineral Solution. It is described as a liquid that is 28 percent sodium chlorite
in distilled water. Product directions instruct people to mix the sodium chlorite solution with a citric acid, such as
lemon or lime juice, or another acid before drinking. The mixture becomes chlorine dioxide, a powerful bleaching
agent. Both sodium chlorite and chlorine dioxide are the active ingredients in disinfectants and have additional
industrial uses. They are not meant to be swallowed by people.
NAFDAC implores importers, distributors, retailers and consumers to immediately stop the importation, distribution,
sale and consumption of ‘Miracle Mineral Solution’
https://www.nafdac.gov.ng/public-alert-no-002-2020-warning-about-life-threatening-side-effects-of-miracle-
mineral-solution/
Page No.17
2 NEXLETOL tablets, for Bempedoic acid To treat adults with heterozygous 21-02-2020
oral use familial hypercholesterolemia or
established atherosclerotic
cardiovascular disease who
require additional lowering of
LDL-C
3 VYEPTI injection, for Eptinezumab-jjmr For the preventive treatment of 21-02-2020
Intravenous use migraine in adults
4 BARHEMSYS Amisulpride To help prevent nausea and 26-02-2020
vomiting after surgery
5 NURTEC ODT Rimegepant To treat migraine 27-02-2020
Reference – www.fda.org
Page No.18
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