In response to “concern[s] that electronic systems used to exchange, capture, and maintain product tracing information will not be operational” by the July 1, 2015, deadline, the Food and Drug Administration (“FDA”) issued a new guidance yesterday (“Guidance”) indicating they will not begin to enforce dispenser1 (primarily pharmacy) requirements under section 582(d)(1) of the Food, Drug, and Cosmetic Act until November 1, 2015.2
The Drug Supply Chain Security Act (“DSCSA”) was signed into law on November 27, 2013, with the goal of creating an electronic interoperable system to trace and identify prescription drugs by November 27, 2023. Section 582 requires trading partners (manufacturers, repackagers, wholesale distributors, and dispensers) to exchange transaction information, transaction history, and a transaction statement (i.e., product tracing information) when engaging in transactions involving certain prescription drugs. The goal is to establish standardized documentation along the pharmaceutical distribution chain and to facilitate the exchange of lot level, and eventually package-level, data in order to remove compromised or counterfeit drugs from the market. The DSCSA is being implemented by the FDA in numerous steps over a 10-year period. Under section 582(d)(1)(A), dispensers are required to obtain a transaction history with each shipment listing every company that previously owned certain prescription drugs, as well as product tracing information. These documents allow a dispenser to verify that the prescription drugs come from authorized trading partners. Dispensers are also required to maintain records of this information for not less than 6 years after the date of the transaction and report to the FDA any product that is determined to be counterfeit, stolen, or otherwise adulterated.
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