The drug control authorities in Kerala have made a strong case to the Parliamentary panel on CDA (Central Drug Authority) to constitute a powerful Drugs Control Administration instead of the proposed Drugs Control Authority on the plea that a central government authority with no responsibility and states with no authority and only responsibility shall always lead to confrontation.
In a memorandum submitted to the Amar Singh-led Parliamentary panel on CDA, the Kerala drugs authorities have said that an Authority, Board or Company may be sufficient for grant of licenses but the basic question is whether it will be sufficient to administer and enforce the Drugs and Cosmetics Act. "A powerful Drugs Control Administration is the choice to have a national level uniformity and better drugs control administration", it said.
Stressing to constitute a central drug administration, the memorandum suggested that while licensing is a small part of the job, Drugs Control is a law enforcement mechanism like Police and Customs. In addition to the D&C Act, the department enforces various other statutes like, Drugs Prices Control Order under the Essential Commodities Act, NDPS Act, Poison Act, the Drugs and Magic Remedies Objectionable Advertisements Act, etc and the Rules there under. The duties of Drugs Control Department cannot be compared with that of Water Authority or Electricity Board. While the generation and supply of Electricity is done by board or company, the enforcement part is done by Electrical Inspectorate Department.
If by creating an authority, the central government intends to take away the licensing powers from the states and with no responsibility of enforcement that will not strengthen the enforcement system. "A central government Authority with no responsibility and states with no authority and only responsibility shall always lead to confrontation", the Kerala drug authorities said.
The Parliamentary Standing Committee on Health & Family Welfare had visited Bangalore, Thiruvananthapuram, Chennai and Hyderabad in the first week of January. It spent two days each in these cities and met the stake holders. The committee had earlier invited suggestions from pharma associations and other stake holders on formation of CDA. Apart from the industry representatives, the committee has sought suggestions from the drug departments of the states.
The Drugs and Cosmetics (Amendment) Bill 2007 was presented in Rajya Sabha on August 21, 2007 and was later referred to the Parliamentary standing committee to examine and put forth its suggestions.