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Drug Law Targets Counterfeit Products

An amendment to the law on pharmaceutical management that highlights punishment for counterfeit or inferior medicines is scheduled to be debated by lawmakers next week.

The illegal marketing of pharmaceuticals has long been a problem for the country.

“The slack measures of the current law are responsible for the problem,” said Song Sen from the Education, Science, Culture and Health Committee the National People’s Congress (NPC) recently.

The State Council will table the draft amendment to the 17th Session of the Ninth NPC Standing Committee, which opens on Monday, NPC sources said.

The current law was adopted in 1984 and took effect in 1985.

China has witnessed a large increase in the pharmaceutical industry and medicine distribution network in the past 20 years.

As one of the largest pharmaceutical producers in the world, China had 1,400 types of chemicals, 4,000 types of compound medicines and 8,000 types of traditional Chinese medicines at the end of 1999, committee figures indicated.

The central government tightened quality control of medicines in the early 1990s in order to better protect the health of the public.

The huge profits involved in the trade of illegal medicine have made the battle an uphill fight, though, Song said.

Besides rampant production and distribution of counterfeit medicines, the distribution of legal medicines has been disrupted by the large scale of the illegal medicine market. Sensational advertising, cash kickbacks to pharmacists, and exorbitant prices have also added to the problem, she said.

The current law stipulates civil, administrative and criminal liabilities for producing and selling counterfeit or inferior pharmaceuticals, unlicensed production and sale of chemicals and compound medicines and other unlawful practices.

The situation in the pharmaceutical industry is now “far more complicated” and the law needs to be amended to meet the new challenges, Song said.

The amendment adds 14 clauses to the chapter of liabilities, some of which are linked to the Criminal Code, Song said.

The proposed amendment will also legalize some medicine management systems that have recently proved effective, Song said.

The system of classified management of prescribed and non-prescribed medicines, which started in January, will be added to the amendment.

Under such a system, consumers can buy medicines for minor illnesses from drug stores instead of having to see a doctor for a prescription.

The proposed amendment is expected to pave the way for the country's health care reform which promises affordable health care for all, she said.

(China Daily)


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