A division bench of the Kerala High Court has admitted a petition filed by the All Kerala Chemists and Druggists Association (AKCDA) challenging a High Court single bench directive to the state drug controller to strictly implement the rules related to storage condition of drugs in wholesale and retail outlets in the state.

AKCDA said in its petition that the traders were not either consulted or their versions on the issue were not considered by the single bench while issuing directions to the government on the storage provisions. Being the aggrieved party, the traders' point of view should be heard by the court, demanded the petition, which noted that apart from the practical difficulties, the retail outlets would have to invest heavily in altering the present outlets. The division bench accepted the petition last week, and is likely to start hearing on the issue this week.

It may be noted that during the second week of June, this year, a single bench of the High Court had directed the Kerala drug control department to cancel the license of retail outlets if they fail to provide thick walled wooden shelves with wooden shutters to store drugs as per the rules, while considering a writ petition O.P.No.10793 of 2002 (1) filed by a few companies challenging the prosecution initiated by the drug control department on the storage condition for Oxytoxin.

Following the court directive, the Drug Controller immediately issued fresh guidelines on drug storage conditions. For storing drugs in cool place (below 25 degree C), thick walled wooden shelves with wooden shutters have to be provided, and there should be a minimum of 150 cubic feet storage space in retail shops. Further, wooden shelves fixed on walls exposed to direct sunlight or excessive heat should be provided with wooden paneling on the walls, and drugs should not be stored on open racks, shelves or on counters made of glass, said the order.

Meanwhile, it is learnt that the Kerala drug control department is unlikely to strictly implement the rules for the practical difficulties faced by the retailers. The department officials insisted on the 150 cubic feet wooden storage condition and full wooden panels on an experimental basis in some new outlets. It was found that the pharmacists at the outlets were finding it difficult to locate the drugs, especially in the case of large outlets storing numerous drugs, said sources.

The department, which said that the provisions are applicable to fresh licenses since 1/07/2004 and in case of existing licenses from 01/01/2005, has already extended to implement the fresh guidelines in the case of new outlets to the end of September, this year. Further, the department is also exploring the possibilities of approaching the court with a revision petition, said sources.