The Indian Pharmacist Graduates Association (IPGA), Tamil Nadu chapter has appealed to Chief Minister J Jayalalitha to reconsider the state government's reported decision to bring the Tamil Nadu Drugs Control Department under a Commissionerate headed by an IPS officer  on the lines of Andhra Pradesh.

In a memorandum to the government, the IPGA expressed its apprehension over the government's move to form a Commissionerate to bring two departments under its purview, namely Food and Drugs Control departments. According to the association members, as is reported in a section of media the government is seriously contemplating to merge the DCA with the Commissionerate to be formed in accordance with Food Safety & Standard Act, 2006, in the state. They said the reported news is that the Commissionerate will be headed by an IPS officer.

A senior drug control officer associated with IPGA said that if an IPS officer is installed on top of the department, the freedom of the regulatory officers will lose forever. He said all these years the drug control department has been functioning as a separate entity headed by a director, and most often the position was held by persons qualified in pharmacy with sufficient skill and experience in enforcing the Act. The new initiative of the government to unite both the departments will create awkward problems among the officials of the drug regulatory body in enforcing the Act properly.

Speaking to Pharmabiz, a senior member of the association said the DC department functions in accordance with a Central Act (D&C Act 1940) which prescribes pharmacy graduation as minimum qualification for the Controlling Authority. But when it brings under the control of the Commissionerate of Food, it will not bring the desired result. He said the supreme head of the Commissionerate will be dormant in executing the duties of the drugs control administration. Besides, the interference of such an official will obviously delay the functioning of the drug control organization. According to him, the department is already put under a senior bureaucrat, Health Secretary, and there is no need of a Commissionerate.

IPGA said the decision to bring the Food and the Drug divisions under one Commissioner on the lines of US FDA is unfair and misleading. Even in US, it has been suggested for independent functioning of the two departments by creating separate bodies such as Food Safety Administration and Drug Control Administration. So many reports supporting the suggestions are being carried out by popular newspapers in America. The members allege that the provisions of Central Act 23/1940 and Central Act 34/2006 do not envisage the appointment of Commissioner of Food Safety empowered with the powers to implement the provisions of the Drugs Control Act.

The association’s another argument is that the Hathi Committee report in 1975 recommended that the Drug Control Organization should be divorced from the directorate of medical or health services and constituted into a separate department functioning directly under the control of the ministry of/ department of health. Apart from this, the Mashelkar Committee report in 2003 opined that it was essential to strengthen the state drugs control department.

It is prescribed that there is qualification for licensing and controlling authorities under D&C Act, 1940 and Rules made under there. So the Commissioner appointed for Food and Drug Administration cannot act as controlling authority or licensing authority to supervise the entire administration, IGPA members said.