The industry may move court against the union commerce ministry's notification dated 10th January, 2011 under which barcoding was made mandatory for pharma exports, if the government does not amend the notification to make it exporter friendly.

Sources in the industry said that the barcoding issue will also go the same way as that of CoPP issue and the banning of six drugs by the union health ministry in February this year. While the court has quashed the health ministry's notification dated February 10 this year banning six controversial drugs including nimesulide suspension, the CoPP issue is still pending in Supreme Court.

Industry sources said that the industry is not that much annoyed with the introduction of barcoding for tertiary level packaging which has already been implemented by the commerce ministry with effect from October 1 this year.

As per the latest notification of the commerce ministry, barcoding was enforced in the country in phased manner from October 1 this year. The trace and track technology has been made compulsory for tertiary level packaging from October 1 this year and that on secondary level packaging will be made compulsory from January 1, 2012 and the new system will be made mandatory on primary level packaging from July 1, 2012.

The industry, especially the small and medium sector, is all the more worried about making barcoding mandatory for primary level packaging  which will come into effect from July 1 next year.

The industry wanted the commerce ministry to amend its notification for not mandating the industry the use of 'GS1 Global Standard' for barcoding as other cheaper and better barcode technologies are now available. Besides, if the importer or importing country does not require barcodes or requires a specific type of barcode, then this notification should not be applicable to them.

The industry has already sought the intervention of the Department of Pharmaceuticals (DoP) on the issue and the government does not amend the notification to make it exporter friendly, the industry will be left with no option but to move court, sources said.