Drug License

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Drug License in India

Obtaining a drug license is essential to legally operate a pharmacy, wholesale distribution, or manufacturing business in India. Tax Pal Solutions simplifies the process with fast approvals, compliance support, and expert guidance.

Key Benefits of a Drug License

  • Legal Authorization: Operate pharmacies, wholesale, or manufacturing units.
  • Fast Approvals: Streamlined online submission and verification.
  • Compliance Management: Ensure adherence to the Drugs & Cosmetics Act.
  • State-Specific Expertise: Guidance according to state regulations.
  • Trusted by Businesses: Supporting 20,000+ businesses across India.

What is a Drug License?

A drug license is an official permit issued under the Drugs and Cosmetics Act, 1940 that allows a business to manufacture, sell, distribute, or import drugs and cosmetics.

  • Purpose: Ensures safety, quality, and accountability of pharmaceuticals.
  • Validity: Typically 5 years, after which renewal is mandatory.

Types of Drug Licenses

License Type Purpose
Drug Manufacturing License For companies producing medicines (allopathic, ayurvedic, homeopathic) with GMP compliance.
Wholesale Drug License Supply drugs in bulk to retailers, hospitals, and institutions.
Retail Drug License Pharmacies selling directly to consumers. Requires a registered pharmacist.
Loan License Market your brand using another manufacturer’s facility.
Drug Import License Import drugs or raw materials in compliance with regulations.
Drug Export License Export drugs that meet Indian and foreign regulatory standards.
Multi-Drug License Combined license for multiple drug types, simplifying compliance.

Purpose of a Drug License

  • Protect Public Health: Ensure safe medicines in controlled environments.
  • Prevent Fake Drugs: Legal framework reduces counterfeit distribution.
  • Accountability: Identifies responsible individuals/businesses.
  • Standardized Operations: Uniform standards for storage, staffing, and record-keeping.

Governing Laws & Authorities

Legal Framework:

  • Drugs and Cosmetics Act, 1940 – Core regulation of drugs & cosmetics.
  • Drugs and Cosmetics Rules, 1945 – Detailed procedures and forms.
  • Pharmacy Act, 1948 – Standards for pharmacists and pharmacy operations.
  • Medical Device Rules, 2017 – Regulations for medical devices.
  • New Drugs & Clinical Trials Rules, 2019 – Procedures for clinical trials and new drug approval.
  • Cosmetic Rules, 2020 – Safety regulations for cosmetics.

Authorities:

  • CDSCO (Central Drugs Standard Control Organisation): National approvals, imports, specialized products.
  • State Drug Control Organizations: Local license issuance and inspections for retail and wholesale.

Eligibility Criteria

Requirement Details
Age Applicant must be ≥ 21 years old.
Business Entity Proprietorship, Partnership, LLP, Private Ltd Company.
Legal Record No prior convictions under Drugs & Cosmetics Act.
GST Registration Mandatory for selling products.
Premises Permanent structure, minimum area: 10–15 sq.m, proper storage with refrigeration.
Staff Registered pharmacist (retail) or competent person (wholesale/manufacturing).

Documents Required

License Type Essential Documents
All Licenses Application form, fee receipt, PAN, GST, site plan, affidavit of non-conviction.
Retail Pharmacist degree & registration, appointment letter, premises documents, purchase invoices for refrigerator/AC.
Wholesale Competent person documents, technical staff qualifications, premises proof, invoices.
Manufacturing Technical staff biodata, SMF, SOPs, machinery list, environmental & fire NOCs, lab details, plant layout.
Import/Export CDSCO license, shipment details, product compliance certificates.

Application Process

  1. Research & Preparation: Identify license type, check regulations, ensure premises compliance, gather documents.
  2. Online Application Submission: Create account on state portal → Fill form → Upload documents → Pay fees.
  3. Verification & Inspection: Authorities review documents and inspect premises.
  4. License Issuance: Approval granted → License available for download → Display license at premises.

Fees & Penalties

License Type Government Fee (INR)
Retail/Wholesale ₹3,000
Restricted ₹1,000
Schedule X Drugs ₹500 extra
Manufacturing ₹7,500 + inspection fees
Renewal Same as original license fee

Penalties for Non-Compliance:

  • Selling drugs without license: 1–3 years jail + ₹5,000 fine.
  • Spurious/adulterated drugs: 7–10+ years jail + fines up to ₹10 lakh.
  • License can be cancelled, and stock seized.

Validity & Renewal

  • Validity: 5 years for retail/wholesale licenses.
  • Renewal Process: Apply 60 days before expiry → Pay fee → Submit documents → Inspection (if required) → Receive renewed license.
  • Late Renewal: Within 6 months → Regular fee + 2% per month. Beyond 6 months → Apply for a new license.

Compliance Requirements

  • Maintain proper sales and purchase records.
  • Follow storage regulations, especially for temperature-sensitive drugs.
  • Employ qualified personnel during operational hours.
  • Display license prominently in premises.
  • Adhere to Good Manufacturing/Distribution Practices (GMP/GDP).
  • Avoid unauthorized changes in premises or business structure.