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Execution authority: Circulation Management Division of Shanghai Food and
Drug Administration, Shuguang Building, 11th Floor, 189 Pu'an Road, Shanghai
9:00-11:00 and 13:30-17:00, every Tuesday and Thursday
Circulation Management Division of Shanghai Food and Drug Administration
(Room 1103, 189 Pu'an Road). Contact phone: 021-63855666
Time for acceptance: 9:00-11:00 and 13:30-17:00, every Tuesday and
Thursday.
Application procedure: Execution procedure: (I) The applicant shall
submit a project preparation application, in written form, and following
documents to Shanghai Food and Drug Administration, in duplicate copies and with
official seal: 1. Basic information and cooperation contract/agreement of the
founder, investing enterprise (person) or partner; 2. Copy of ID card and
person resume of the legal representative, the partner or the investor of the
enterprise to be established (however the ID card must be checked
visually); 3. Copy of diploma over college education, certificates of
experience in direct drug business at least for three years or certificate of
practicing apothecary of the principal (general manager) (however the original
copy must be checked visually); 4. Copy of diploma of at least university
education and certificate of practicing apothecary of the principal for quality
management (however the original copy must be checked visually); 5. Copy of
diploma of at least university education, certificate of experience in quality
management in a drug whole enterprise for at least three years and certificate
of practicing apothecary of the head of quality management department (however
the original copy must be checked visually); 6. Business scope; 7.
Feasibility report and prospectus of modern logistics system and information
system; 8. Environment background, house ownership certificate or certificate
of right of use or lease contract of the registered place, business place,
equipment, storage facilities and peripheral surrounding. 9. Commitment
form; 10. Other relevant documents required by laws and regulations. (II)
Shanghai Food and Drug Administration shall consider the application as per the
second item of Article 8 of "Measures on Management of License of Drug
Business". (III) Shanghai Food and Drug Administration shall examine the
application materials as per "Measures on Management of License of Drug
Business" and "Notification on Forward of 'Measures on Management of License of
Drug Business'" within 30 working days since accepting the application and send
written notification to the applicant. For the application rejected, the
Administration shall notify the applicant of the reason for rejection and that
he can apply to State Food and Drug Administration or Shanghai Municipal
Government for reconsideration of administrative actions within 60 days or lodge
a suitcase to Luwan District Court within 3 months since receiving the written
notification, when he disagrees with the rejection.
(IV) After finish the project preparation, the applicant shall apply to
Shanghai Food and Drug Administration for examination and approval, with
submitting following documents, with official seal: 1. "Application Form for
License of Drug Business"; 2. Original and duplicate copy of verification
document of the enterprise, issued by the authority for industry and
commerce; 3. Institutional framework, quality department and network chart of
the enterprise; 4. Quality management documents; 5. Name list of
quality-related department, such as quality management, examination and
approval, maintenance and warehouse, and professional pharmaceutical
staff; 6. Copy of qualification certificate of professional pharmaceutical
staff and registration certificate of practicing apothecary (however the
original copy must be checked visually); 7. List of storage equipments, plan
drawing of business place and warehouse and both original and duplicate copy of
house ownership certificate or certificate of right of use or lease
contract; 8. Original and duplicate copy of completion contract of the modern
logistics system and information system; 9. Other relevant documents required
by laws and regulations. (V) Shanghai Food and Drug Administration shall
organize the examination and approval and make decision whether to issue the
"License of Drug Business" as per "Standards on the Implementation of
Examination and Approval for the Establishment of Drug Wholesale Enterprise
(Trial)" and "Notification on Forward of 'Measures on Management of License of
Drug Business'" within 30 working days since receiving the all application
materials. For the qualified applicant, the Administration shall issue and send
the "License of Drug Business" to the applicant within 10 working days since
making the decision to approve the application; for the unqualified applicant,
it shall notify the applicant of the reasons for rejection and that he can apply
to State Food and Drug Administration or Shanghai Municipal Government for
reconsideration of administrative actions within 60 days or lodge a suitcase to
Luwan District Court within 3 months since receiving the written notification,
when he disagrees with the rejection. The applicant rejected at the first time
shall submit a second application when the enterprise is qualified.
(VI) The statement, argument and hearing shall be subject to the regulations
of "Administrative Approval Law". Application for change of content: (I)
The change of items approved in "License of Drug Business" refers to that
application made by the drug wholesale enterprise with "License of Drug
Business" for the change of business mode, business scope, registered address,
business location, warehouse location (including addition and reduction of
warehouse), legal representative or principal of the enterprise and the quality
principal.
(II) Should split, merger and change of business mode occur in the
enterprise, the enterprise shall obtain a new "License of Drug Business" subject
to "Measures on Management of License of Drug Business", No. 6 Decree of State
Food and Drug Administration, and "Notification on Forward of 'Measures on
Management of License of Drug Business'", No. HUSHIYAOJIANLIUTONG (2004) 227
issued by Shanghai Food and Drug Administration.
(III) Procedure of application for change
1. The applicant shall submit his application to Shanghai Food and Drug
Administration 30 days before the change takes into effect. If rejected, the
applicant shall not take the change. 2. Should the enterprise be investigated
as a recorded case by the administrative authorities for food and drug for its
illegal operation and the case not be settled, or the enterprise be decided to
bear an administrative punishment but not be enforced, the administrative
authorities for food and drug shall suspend accepting the application for change
of "License of Drug Business".
3. The drug wholesale enterprise that applies for change of items of "License
of Drug Business" shall submit a written application to Shanghai Food and Drug
Administration (Should the applicant for change of items of "License of Drug
Business" is a non-corporate branch organization of a business corporation, it
must submit the application form for change with the comment of superintendent
corporation), to explain the reasons for change and state the objective of such
change and the condition of business operation, staffing of medical technicians
and storage. It also shall submit the duplicate copy of "License of Drug
Business", copy of business license (however the original copy must be checked
visually) and relevant documents, as well as following documents (in duplicate
copies and with official seal):
(1) Change of registered address (business location) and warehouse location
(including addition and reduction of warehouses) (a) Layout plan of business
place and warehouse; (b) Copy of house ownership certificate or certificate
of right of use or lease contract (however the original copy must be checked
visually). (2) Change of legal representative (principal), economic nature
and subjection (a) Approval of superintendent authority and solution of board
of directors (b) Copy of certificate of education, professional title and ID
card of the new legal representative (principal) (however the original copy must
be checked visually); (c) Other relevant documents required by laws and
regulations. (3) Change of business scope (a) Copy of qualification
certificate, practicing apothecary certificate and ID card of the professional
medical staff whose qualification is admitted legally (however the original copy
must be checked visually); (b) Copy of layout plan of the warehouse and new
warehouse buildings and the house ownership certificate or certificate of right
of use or lease contract (however the original copy must be checked
visually); (c) Quality management system suitable for the drug
business; (d) Other relevant documents required by laws and
regulations. (IV) Examination and approval of the application for change of
items formerly permitted Shanghai Food and Drug Administration shall examine
the application and make decision within 15 working days since receiving the
complete application materials. Should the application be approved, the
Administration shall issue the "Approval of Change of Items in 'License of Drug
Business'". Should the application be rejected, the Administration shall notify
the applicant of the reasons for rejection in a written form. After receiving
the "Approval of Change of Items in 'License of Drug Business'", the enterprise
that applies for change of legal representative (principal), economic nature
and/or subjection shall process the formality of change of "License of Drug
Business" at Shanghai Food and Drug Administration.
(V) Examination of the items changed 1. The applicant enterprise that
applies for change of registered address (business location), warehouse location
(including addition and reduction of warehouse) and/or business scope shall
conduct the project preparation as per the stipulations since receiving the
"Approval of Change of Items in 'License of Drug Business'". With the project
preparation accomplished, it shall submit the "Application Form for Examination
of Change of Items of Drug Business in Shanghai", reporting the project
preparation condition and other matters necessary for explanation.
2. Shanghai Food and Drug Administration shall organize the examination and
approval and make decision whether to issue the License of Drug Business as per
"Standards on the Implementation of Examination and Approval for the
Establishment of Drug Wholesale Enterprise (Trial)" and "Notification on Forward
of 'Measures on Management of License of Drug Business'" within 20 working days
since receiving the all application materials. For the qualified applicant, the
Administration shall issue a new original copy of "License of Drug Business",
with the same period of validity, recording the new items, draw back the former
original copy of "License of Drug Business" and record the items changed in the
duplicate copy of the "License of Drug Business"; for the unqualified applicant,
it shall notify the applicant of the reasons for rejection and that he can apply
to State Food and Drug Administration or Shanghai Municipal Government for
reconsideration of administrative actions within 60 days or lodge a suitcase to
Luwan District Court within 3 months since receiving the written notification,
when he disagrees with the rejection. The applicant rejected at the first time
shall submit a second application when the enterprise is qualified.
3. The statement, argument and hearing shall be subject to the regulations of
"Administrative Approval Law". (VI) Change of registered items refers to the
change of other items than those mentioned above. 1. The change of enterprise
name shall be registered at Shanghai Food and Drug Administration, with the
"Notification on Approval of Preselected Enterprise Name" issued by the
administrative authority for industry and commerce. 2. As for the change of
items registered in the "License of Drug Business", the original issuing
authority shall record the content and time of change in the duplicate copy of
"License of Drug Business" and issue a new original copy of "License of Drug
Business" in conformity with the contents changed and draw back the former
original copy of "License of Drug Business". The new "License of Drug Business"
shall have the same period of validity.
(VII) The statement, argument and hearing shall be subject to the regulations
of "Administrative Approval Law". Standard and basis of charge: Submitted
to: Execution address: audituser£º Basis of execution: "Pharmaceutical
Administration Law of the People's Republic of China", No. 45 President Decree,
issued on Feb. 28, 2001;
"Regulations on the Implementation of Pharmaceutical Administration Law of
the People's Republic of China", No. 360 State Council Decree, issued on Aug. 4,
2002;
"Measures on Management of License of Drug Business", No. 6 Decree of State
Food and Drug Administration, issued on Feb. 4, 2004;
"Notification on Forward of 'Measures on Management of License of Drug
Business'", No. HUSHIYAOJIANLIUTONG (2004) 227, issued by Shanghai Food and Drug
Administration on Mar. 31, 2004;
"Reply of Agreement on Charging for the Review of License of Drug Business",
No. HUCAIZONG (2000) 45 and No. HUJIAHANG (2000) 153, issued by Shanghai Finance
Bureau and Shanghai Price Bureau.
Contact phone: Website: Duration of service: Time
limit: Applicant's qualification: The establishment of drug wholesale
enterprise shall meet the requirement on reasonable layout of drug wholesale
enterprises stipulated by the government of province, autonomous region and the
municipality directly under central government, and shall be qualified with
following requirements:
1. Regulations to guarantee the quality of drugs are adopted;
2. Article 76 and Article 83 of "Pharmaceutical Administration Law of the
People's Republic of China" are not applicable to the enterprise, its legal
representative or principal and principal for quality management;
3. Have a proper amount of practicing apothecaries suitable to the scale of
business. The principal for quality management must have the education level of
or over university level and be a practicing apothecary;
4. Have room temperature warehouses, cool warehouses and cold warehouses
qualified to secure the storage quality of drugs and with suitable to the drug
types and business scale. There must be special racks for drug storage and the
devices and equipment of modern logistics system for the warehousing,
conveyance, inspection and selection, shelving and delivery.
5. Have independent computer-managed information system, able to cover the
whole process from purchase, storage, sales, operation and quality control of
drugs, record the management of business and the implementation of "Regulations
on Quality Management of Drugs", fulfill the requirements of "Regulations on
Quality Management of Drugs" on managerial sectors of the drug business and make
the enterprise qualified to receive the supervision of local authority for food
and drug;
6. Be qualified to the requirements of "Regulations on Quality Management of
Drugs" on business location, auxiliary and office places, warehouse management,
quality security of drugs in warehouse, acceptance and delivery, storage and
maintenance.
Should there be other regulations on narcotic drugs, psychotropic drugs,
medical toxic drugs and preventive bioproducts, such regulation shall
prevail.
Range of application:
The drug wholesale enterprise with the "License of Drug Business" issued in
Shanghai applies for change of items in the "License of Drug Business".
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