Title
FDA Rules for Retail Outlet Licensing
Law
Fda Circular No. 2014-028
Decision Date
Nov 21, 2014
The FDA Circular No. 2014-028 establishes updated guidelines for the licensing of retail outlets for non-prescription drugs, streamlining application processes, enhancing regulatory compliance, and allowing a single pharmacist to supervise multiple outlets under specific conditions to ensure public access to safe drug products.
A

License to Operate (LTO) Application Requirements

  • Application form: filled, notarized, signed by pharmacist and owner/authorized representative.
  • Proof of Business Name Registration: varies with business type (DTI, SEC, Cooperative Development Authority, or government law).
  • Credentials of Supervising Pharmacist: valid PRC ID, FDA seminar attendance, resignation letter if applicable, list of other RONPDs supervised.
  • Risk Management Plan: detailing how risks are managed, including pharmacovigilance.
  • Location Plan: detailed sketch with landmarks and GPS coordinates.
  • Picture of Drugstore with signage matching business name.
  • Proof of Payment of application fees.
  • Self-Assessment Toolkit (SATK) to facilitate submission and evaluation.

Evaluation and Post-Licensing Inspection

  • Initial review by FDA Regional Field Offices for compliance.
  • FDA may require supplemental documents.
  • Routine inspections for Good Distribution and Storage Practices compliance.
  • Inspections triggered by regulatory actions or adverse drug reactions.
  • Verification of franchise agreements, records, Standard Operating Procedures (SOPs), displayed materials, and reference manuals.
  • Post-inspection report influences approval or regulatory action.

Application for Variation of LTO

  • Major Variations:
    • Change of Ownership.
    • Transfer of Location.
  • Minor Variations Prior Approval:
    • Expansion of Establishment.
    • Change of Business Name.
    • Zonal Address Change.
  • Minor Variations Notification:
    • Change of Supervising Pharmacist.
  • FDA must be informed of all changes.
  • Variation fees apply except transfer of location which requires initial 2-year payment.
  • Business may continue during minor variation application processing.

Accessibility of Electronic Forms

  • All fillable forms available on FDA Website for accessibility.

Multiple RONPD Supervision Rules

  • One pharmacist may supervise multiple RONPDs if:
    • Minimum of two (2) hours weekly physical presence per RONPD.
    • All RONPDs within the same provincial LGU; NCR treated as single area.
    • Maximum distance between farthest RONPDs is 25 km.
    • All supervised locations lie within a circumferential area between farthest outlets.
    • Maximum 15 RONPDs supervised per pharmacist.
  • Exceptions possible for geographically disadvantaged areas.
  • Violations subject to legal action.

Responsibilities of Supervising Pharmacist

  • Ensure safety, efficacy, and quality of drug products.
  • Observe Good Storage Distribution, Good Dispensing, and Good Pharmacy Practices.
  • Monitor inventory and expirations.
  • Properly handle and report adverse drug reactions.
  • Keep establishment updated on FDA issuances and advisories.
  • Ensure all drugs sold are FDA-registered.
  • Ensure compliance with existing regulations.
  • These responsibilities reflected in a validated Standard Operating Procedure (SOP).

List and Control of Non-Prescription Drugs Allowed in RONPDs

  • Only selected registered non-prescription drugs allowed based on safety and efficacy evidence.
  • Includes household remedies, selected traditional medicines, herbal, and over-the-counter drugs.
  • Official list posted on FDA website and regularly reviewed.

Responsibilities of Other Implementing Offices and LGUs

  • FDA can request assistance from other government departments/agencies.
  • Local Government Units (LGUs) assist in monitoring compliance locally.
  • LGUs must report violations inconsistent with FDA rules for regulatory action.

Transitory Provisions for Existing Licensed Establishments

  • Existing establishments must submit Risk Management Plan, GPS coordinates, and supervising pharmacist credentials upon LTO renewal.

Repealing and Separability Clauses

  • Previous inconsistent FDA circulars/memoranda are repealed or revoked.
  • If any provision is declared unconstitutional or unlawful, remaining provisions stay effective.

Effectivity

  • Circular takes effect upon approval and signature by FDA Director General.

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