The Union commerce ministry will not be able to implement the second and third phases of barcoding from July 1 this year for pharma exporters in the country as the Madras High Court, which had stayed the implementation of barcoding in December last year, is yet to take up the issue for hearing.

Sources said that the commerce ministry did not file the counter affidavit to Madras High Court so far and the chances of the case coming up for hearing in the near future are dim.

In January this year, after the intervention of the court, the commerce ministry had extended the implementation of the second and third phases of barcoding by six months, that is from July 1 this year. As per the commerce ministry's notification dated January 10, 2011, barcoding was to be enforced in the country in phased manner from October 1 last year. The trace and track technology has been made compulsory for tertiary level packaging from October 1 last year and that on secondary level packaging was to be made compulsory from January 1, 2012 and the new system was to be made mandatory on primary level packaging from July 1, 2012.

But, just less than two weeks before the Union commerce ministry's mandatory implementation of barcoding on secondary level packaging was to come into force from January 1 this year, the industry moved Madras high court and on December 19 last year the court stayed the second phase of barcode implementation for the pharma exporters in the country.

The case against barcoding implementation was filed jointly by Confederation of Indian Pharmaceutical Industry (CIPI) and Indian Drug Manufacturers Association (IDMA). Delivering its order on December 19, the Madras High Court had ordered the union commerce ministry to maintain status quo on the issue of implementation of barcoding for the pharma exporters in the country till January 6. Though the court was to hear the issue in January itself, it did not take up the issue so far, leaving the government with no option but to maintain status quo on the issue.

Ever since the commerce ministry issued a notification on January 10, 2011 rolling out its plans to implement barcoding for pharma exports, the industry has been on warpath against the ministry's decision. In fact, the industry has been running from pillar to post to convince the commerce ministry officials to see reason as they argued that the implementation of barcoding on secondary level packaging will entail a string of regulatory, technical as well as cost issues which will harm the pharma exporters in the country.

Burt, the industry's repeated pleas to defer the barcode implementation fell on the deaf ears of the officials of the commerce ministry, forcing the industry to turn to the last resort of moving court.