Monday, October 10, 2011

Display of Prices of Non-Scheduled formulations and Price List

1.Every manufacturer, importer or distributor of a non-Scheduled formulation intended for sale shall display    in indelible print mark, on the label of container of the formulation and the minimum pack thereof offered for retail sale, the retail price of that formulation with the words "maximum retail price" preceding it and the words 'inclusive of all taxes' succeeding it:

Provided that in the case of a container consisting of smaller saleable packs, the retail price of such smaller pack shall also be displayed on the label of each smaller pack and such price shall not be more than the prorata retail price of the main pack rounded off to the nearest paisa.

2.Every manufacturer or importer shall issue a price list and supplementary price list, if required, of the non-Scheduled formulations in Form V to the dealers, State Drugs Controllers and the Government indicating changes, from time to time.

3.Every retailer and dealer shall display the price list and the supplementary price list, if any, as furnished by the manufacturer or importer, on a conspicuous part of the premises where he carries on business in a manner so as to be easily accessible to any person wishing to consult the same.

Control of sale prices of bulk drugs and formulations:

No person shall sell any bulk drug or formulation to any consumer at a price exceeding the price specified in the current price list or price indicated on the label of the container or pack thereof, whichever is less, plus excise duty and all local taxes, if any, payable in the case of Scheduled formulations and maximum retail price inclusive of all taxes in the case of non-Scheduled formulations.

Sale of split quantities of formulations :

No dealer shall sell loose quantity of any formulation at a price which exceeds the pro-rata price of the formulation plus 5 percent thereof.

Manufacturer, distributor or dealer not to refuse sale of drug :

Subject to the provisions of the Drug and Cosmetics Act, 1940 (23 of 1940) and the Rules framed thereunder -

  • no manufacturer or distributor shall withhold from sale or refuse to sell to a dealer any drug without good and sufficient reasons; 
  • no dealer shall withhold from sale or refuse to sell any drug available with him to a customer intending to purchase such drug. 
Price of formulations sold to the dealer :
  1. A manufacturer, distributor or wholesaler shall sell a formulation to a retailer, unless otherwise permitted under the provisions of this Order or any order made thereunder, at a price equal to the retail price, as specified by an order or notified by the Government, (excluding excise duty, if any) minus sixteen percent thereof in the case of Scheduled drugs. 
  2. Notwithstanding anything contained in sub-paragraph (1), the Government may be a general or special order fix, in public interest, the price of formulation sold to the wholesaler or retailer in respect of any formulation the price of which has been fixed or revised under this Order. 
Maintenance of records and production thereof for inspection
  1. Every manufacturer and importer shall maintain in such form as may be specified by the Government, records relating to the sales turnover of individual bulk drugs manufactured or imported by him, as the case may be, and the sales turnover of formulations pack-wise and also such other records as may be directed from time to time by the Government and the Government shall have the power to call for such records or to inspect such records at the premises of the manufacturer or importer.
  2. Every manufacturer or importer shall, within six months of the close of the accounting Year, submit to the Government information in respect of turnover and allocation of sales and expenses for that year in Form VI. 
  3. Every dealer, manufacturer or importer shall maintain the cash memo or credit memo, books of account and records of purchase and sale of drugs and shall make available such records for inspection by the Government or any officer authorised in this behalf by the Government.
Can consumer ask for the price list of medicines being sold by a chemist/retailer ?
Ans. Yes. Every retailer is required to display the price list and the supplementary price list furnished by the manufacturer/ importer on a conspicuous part of the premises where he carries on business in a manner so as to be easily accessible to any person wishing to consult the same.

Is it mandatory for a chemist/ retailer to issue cash receipt for sale of medicines ?
Ans. Yes. Every chemist/ retailer is required to issue a receipt for sale of medicines and maintain the copies of cash/ credit memos.

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