Sales Distribution License

Medical Device Sales Distribution License Online

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Are you dealing with medical devices in India then must understand about sales distribution license in India. It is mandatory to obtain for all the seller and distributor of medical devices. With the help of ELT corporate medical device consultancy you can simply apply for the medical device sales distribution license.

The Medical Device Sales Distribution License (MD 42) is a regulatory requirements in India. It is necessary for the businesses that are involved in the sales, distribution and wholesale of medical devices. The medical device license is a part of medical devices rules, 2017. 

The medical device rules are implemented by the CDSCO (Central Drugs Standard Control Organization) under the drugs and cosmetics act, 1940. The purpose of these rules and license ensure that medical devices in the market are safe, effective, and meet quality standards.

What Are The Key Aspects To Obtain MD 42 Sales Distribution License?

To obtain the license you have to understand the few more aspects that help you to boost your business and regulatory of medical devices in India. So when you applied for this then must consider all these aspects to obtain MD 42 sales and distribution license in India:

Eligibility

Entity such as wholesalers, distributor, or retailer involved in the sale of medical device must obtain the sales and distribution license. This includes both Class A & B devices (Low to Moderate risk.

Required Documents

  • Application Form (MD 42)
  • Proof of ownership and tenancy of the premises.
  • Details of the responsible person with qualifications (pharmacist or competent person).
  • Authorized person identity and address proof.
  • Undertaking for compliance with the provisions of the Medical Devices Rules, 2017.
  • Proof of the registered office and premises layout.

Premises Requirement

The facility must have adequate storage space, including temperature-controlled areas for temperature-sensitive devices. The premises should comply with good storage practices to ensure the safety and efficacy of the products.

Qualified Personnel

A registered pharmacist or a competent person with at least one year of experience in handling medical devices must be appointed to oversee operations.

MD 42 Application Fees

The application fee of the MD 42 needs to be submitted as per the regulatory guidelines. The fees of the license may varies as per the state and the type of medical devices handled.

Compliance

License must comply with the labeling requirements, storage standards, and maintain proper records of sales, distribution, and recalls (if applicable). The CDSCO regularly inspects premises to ensure adherence to guidelines.

Validity and Renewal

The license validity is 5 years, after that it must be renewed. Renewal application should be submitted at least 3 months  before the expiry date.

Process for Obtaining the Sales Distribution License

For the sale distribution of medical devices you must apply for it. The process to obtain sales distribution license in India as follows:

  • Application Process – Application along with the necessary documentation, is submitted to the State Licensing Authority (SLA) through an online person or in person, depending on the state.
  • Inspection – After the submission of the application the inspection of the premises is done to ensure the compliance with the regulatory standards.
  • Grant Of License – Upon the satisfaction of the inspection and verification of the documents, the MD 42 license is issued to the applicant.
  • Post License Compliance – Regular inspection and adherence to good storage practices are required. Any changes to the personnel or premises must be reported to the licensing authority.

New Regulation From The Ministry Of Health Family Welfare

On September 30th, 2022, the Indian Ministry of Health and Family Welfare (MOhFW) issued GSR 754(E) announcing new sales licence requirements for entities importing and distributing formerly medical devices.

This new legislation, referred to as the Medical Devices (Fifth Amendment) Rules, 2022, is meant for authorised agents/sellers/retailers who want to import, sell, stock, exhibit or distribute medical devices and in vitro diagnostic medical devices in India.

New Medical Device Selling & Distribution License Under MD-42

According to new rule mentioned above ,seperate licence is required for Medical device wholesalers/Retailers in Form MD -41 and Final ‘sales and distribution licence’ shall be granted in Form MD-42. Under the new system of licensing the requirement of Competent Person has been waived off. Earlier the Competent Person should be a Bachelor of Pharma or diploma of Pharma but now any person graduated in any field but having relevant experience to sell the medical devices can be a fit person for the compliance of obtaining selling and distribution licence of medical devices.

New Selling & Distribution License Is Granted At The State Government Level (Respective State FDA)

Each state’s licensing authorities shall appoint a licensing authority designated only for the purpose of issuing registration certificates. The state licensing body will have the authority to accept or reject the application and each decision will be supported by written documentation.

The power of selling and distribution licence of medical devices is vested with the respective state government from B from which the medical device dealer or manufacturer I will do the building and gif the medical device dealer or manufacturer is is doing billing from multiple States then he will be required to obtain distinct selling and distribution licence from each respective state in which he is doing billing.

Physical Inspection By State FDA Authorities

This state FDA authority has the power to inspect the premises of medical device Importer for the manufacturer, as the case may be.

At the time of inspection the applicant must be able to demonstrate the required papers and the arrangements of storing medical devices as prescribed under the law or if anything found in contravention of the law, the authorities may reject the application.

Post Obtaining License To Sell & Distribute Medical Devices Following Compliances Has To Be Adhered With

The owner of a medical device registration certificate must keep an inspection book in form MD-43. The applicants have been directed to maintain separate records in the form of invoice or register or electronic details including software of purchases and sales of medical devices showing the names and quantities of such medical devices, names and addresses of the manufacturers or importers, batch number or lot number and expiry date

List Of Documents Required For Application Of MD-41

  • Details of the applicant or firm including its constitution, along with identification proof, such as, Aadhar card or PAN card.
  • Documentary evidence in respect of ownership or occupancy on rental of the premises.
  • Educational Qualification Details of competent technical staff.
  • Experience Details of competent technical staff.
  • Brief description on other activities carried out by applicant, namely, storage of drugs, medical items, food products, stationeries, etc., or any other activities carried out by the applicant in the said premises.
  • Self-certificate of compliance with respect to Good Distribution Compliance.
  • An undertaking to the effect that the storage requirements to sell, stock, exhibit or offer for sale or distribute a medical device .
  • Any Other Documents like GST, Trade License, and Premise Plan etc.

Validity Of Sale And Distribution Licence Of Medical Device

The registration certificate issued in Form MD-42 is valid for 5 years from the date of issue. Before the expiry of the license you must apply for the renewal before the 2-3 months. Otherwise you may face issue in the renewal of the license.

How Will ELT Corporate Assist You ?

We are proud to provide a wide range of services across the country. Our ELT Corporate team is well versed in standards of regulatory affairs,enabling the clients to help them in selling and distributing their medical devices in the whole country without any compliance difficulties.

We have depth & breadth of understanding and nexus in the regulatory ecosystem across national and internationally. ELT believes in the value of customer satisfaction as its utmost priority and to enable the rendering of service in the most smooth manner.