PHARMACISTS REGULATIONS [GOOD MANUFACTURING PRACTICE FOR MEDICINAL PRODUCTS] 2008 In virtue of the powers vested in me under articles 47a(2) and 62 of the Pharmacists Ordinance [New Version], 1981,1 (hereafter ― the Ordinance), and, with respect to Regulation 27, with the approval of the Minister of Finance under Article 39b of the Budgetary Principles Act, 1985, and with the consent of the Knesset Labor, Welfare and Health Committee, under article 21a(a) of the Basic Law: the Knesset2 and article 2(b) of the Penal Law, 1977,3 I hereby promulgate the following regulations: 1. DEFINITIONS In these regulations — “quality assurance” ―the total sum of the organized arrangements made with the object of ensuring that a medicinal product is effective, safe and of the quality required for its indications or intended use; “authorization”―the Director’s authorization for manufacturing or for importation of medicinal product under Regulation 2(a)or for marketing of medicinal product under regulation 2(a1); "a batch" — a defined quantity of a product manufactured in a single manufacturing cycle; “licensee” — as defined in the Medicinal Products Regulations; “quality control” —the manufacturer’s sustained control process designed to guarantee that neither starting material nor finished products are released for manufacture, sale or marketing, as the case may be, before it has been determined that their quality conforms to their authorized specifications, as set out in their medicinal product registration file; “hazardous agents”―chemical, physical or biological agents liable to cause direct or indirect, acute or long-term injury to health; "the Director " -- as defined in the Ordinance, to include a member of the staff of the Ministry's Pharmaceuticals Standards and Control Institute whom the Director has authorized for the purpose of all or part of these Regulations; “active pharmaceutical ingredient” (API)―the active chemical or biological substance in a product causing the actions the product is used for; "Importation" – as defined in the Commentary Ordinance [new version].5 1 2 3 Laws of the State of Israel , New Version 35, p. 694; Book of Laws, 2002, p.138. Book of Laws, 1958, p. 69; 2000, p.166. Book of Laws, 1977, p. 226; 1954, p.348. SUNDRIES/PHM02 1 5.2007 Manufaturing – as defined in the ordinance including partial manufacturing, dividing up of batches, repackaging, re-labeling, quality control and release of batches and manufacturing for export only. “manufacturer”― the owner of a business for manufacturing medicinal products; “a recognized state” — as defined in the Medicinal Products Regulations; “quality assurance manager” ― a licensed pharmacist, doctor, chemist, engineer or the possessor of an academic qualification in the life sciences, appointed to his position by an authorization holder, and who has at least three years proven experience in quality assurance in the pharmaceuticals industry; “recognized laboratory” ― as defined in the Medicinal Products Regulations; “a business”― a business, including “a health care institution” as defined in the Ordinance, which manufactures, imports or markets medicinal products; "marketing" – as defined in the ordinance excluding import and export “product", "medicinal product” — as defined in the Ordinance excluding medicinal food products ; “good distribution practice” (GDP)―all the actions designed to guarantee that a medicinal product is distributed in conditions which guarantee that, for the whole length of its distribution chain from manufacturer to end consumer, it meets the quality requirements laid down in European Directive 2001/83/EC, including amendments to it as shall be made from time to time; “good manufacturing practice” (GMP)―all the actions designed to guarantee that a medicinal product is consistently produced and controlled in accordance with the quality standards appropriate for its intended use in conformity with the principles and guidelines of European Directive 2003/94/EC for medicinal products for human use and of 91/412/EEC for veterinary products, and as set out in the European Union’s GMP guideline (Eudralex, vol. 4), including amendments to it as shall be made from time to time; “GMP certificate”― a certificate attesting that its holder is an authorization holder, and which states the time for the Director’s inspection of his business and that his business meets requirements; “Medicinal Products Regulations”― the Pharmacists Regulations [Medicinal Products}, 1986.4 2. 4 MANUFACTURING/IMPORTATION AUTHORIZATION and marketing authorization Compendium of Regulations, 1985, p. 906; 2002, p.736. SUNDRIES/PHM02 2 5.2007 (a) No medicinal product shall be manufactured or imported, other than in a business. holding a manufacturing/importation authorization. (a1) no medicinal product shall be marketed other than in a business holding a marketing authorization. (b) The Director shall not give a manufacturing/importation authorization to a business unless he is satisfied that it meets all the following conditions: (1) It has a business license, issued under the Business Licensing Act, 1968, insofar as that Act applies to it; (2) It meets the provisions of these Regulations to the Director’s satisfaction; (3) It is managed by skilled professionals, among them a quality assurance director, a responsible pharmacist, and a manager or other office holder responsible for manufacturing in the business, all of whom have the appropriate training for their duties; (4) Its products are manufactured in conformity with Good Manufacturing Practice (GMP); (5) The Director has inspected the business, such inspections to be carried out according to the European Commission's procedures "Compilation of Community Procedures on Inspections and Exchange of Information"; (6) The active pharmaceutical ingredients (API) used in manufacturing medicinal products are manufactured according to Good Manufacturing Practice (GMP); (c) The provisions of Clause 2(b)(4) notwithstanding, the Director may grant a manufacturing/importation authorization to a business which imports medicinal products exclusively from recognized states if he is satisfied that the medicinal have been manufactured in accordance with standards which are at least equivalent to the rules of good manufacturing practice, such as The PIC/S organization’s current guide to GMP for medicinal products (PE-009) or the United States Rules of GMP set out in CFR 21, parts 210 and 211. 3. CONDITIONS FOR GRANTING AUTHORIZATION (a) The authorization shall specify the name of the authorization holder, detailed address, , the manufacturing site, medicinal products and the pharmaceutical form authorized by the Director for that given business. (b) The Director may make his grant of authorization conditional on the terms set out below, and may alter or add to them should he be informed of new circumstances: (1) All manufacturing and marketing is subject to inspection, as the Director shall direct; (2) The manufacturing of medicinal products is restricted to certain categories; (3) The business observes standard operating procedures (SOP); (4) Any other term affecting the work of the business and intended to protect the public health. SUNDRIES/PHM02 3 5.2007 (c) The Director shall allow the authorization holder a reasonable space of time in which to take the steps necessary for meeting the conditions specified in Sub-Regulation 3(b) above, but should he see that postponing the implementation of that Sub-Regulation endangers the public health, he may order it implemented forthwith, provided only that he grant the authorization holder the first subsequent opportunity of a hearing. 4. DURATION OF A manufacturing / importation AUTHORIZATION A manufacturing / importation authorization shall remain valid for five years, the Director being entitled to renew it for further periods not to exceed five years at a time. 5. APPLYING FOR AND RENEWING A MANUFACTURING/IMPORTATION AUTHORIZATION (a) An application for a manufacturing/importation authorization or its renewal shall be submitted to the Director by a business’s quality assurance manager; (b) The application shall state the types of medicinal product manufactured at the business, and include the following appendices: (1) The basis of design, including the planning principles observed to make the structure and its systems suitable for the manufacture and storage of medicinal products, enable cleaning and maintenance processes, and the measures for preventing contamination, particularly cross-contamination. (2) Engineering drawings, plan and cross-section, of the business, to include: (i) The width, length, height, floor area and purpose of every room and section in the business; (ii) The location and internal dimensions of all natural ventilation openings and mechanical ventilation appliances, including their output, filtration levels, pressure differences, recycled-to-fresh air ratio, and cleanliness levels in the manufacturing areas; (iii) The material covering the walls; (iv) The marking of all sanitary fixtures and appliances, all water-supply and effluent removal pipes, stating their diameter, slope, and the effluent removal method used. (v) The marking of waste containers and waste-storage facilities and their capacity. (3) A copy of the business’s layout to a scale of 1:100; (4) Documentation of the measures taken to make the structure suitable, in terms of the appropriate infrastructure, for the manufacture and storage of medicinal products, as the Director shall require. (5) The detailed Curriculum Vitae of the quality assurance manager, responsible pharmacist and production manager, to include their training and experience in SUNDRIES/PHM02 4 5.2007 manufacturing the types of medicinal products specified in the authorization application, together with documents corroborating the said data; (6) Written affidavits from the quality assurance manager, responsible pharmacist and production manager that they are familiar with the statutory provisions, regulations and directives relating to the management of a medicinal product business; (7) A list of the medicinal products to be manufactured, their pharmaceutical form, and the site of their manufacture; (8) The plan and description of the business; (9) Material flow charts; (10) Personnel flow charts; (11) Waste flow charts; (c) Should the Director find that the scale of an aforesaid flow-chart or plan in SubRegulation 5(b)(2) and 5(b)(3) does not show sufficient detail, he may require that it be submitted to a different scale. (d) Before carrying out any expansion of, or substantive alteration to, the business, the effect of which is to alter any data in the application appendices listed in Sub-Regulation 5(b) above, the authorization holder shall submit to the Director new appendices, as the case may require, for his authorization. (e) Sub-regulations 5(b) and 5(c) shall not apply to an authorization renewal application, provided the following conditions be met: (1) No substantive changes have been made to the business, its production lines or the medicinal products manufactured, and the appendices submitted with the original application still represent the current situation; (2) The renewal application is accompanied by the quality assurance manager’s written affidavit that the appendices submitted for the purposes of the original application still accurately represent the situation obtaining at the time of submission of the renewal application. (f) The Director shall give his decision on an authorization or renewal application no more than 120 days from the application’s submission and, should the application be rejected, shall issue a reasoned notification accordingly. (g) Should the Director have required the applicant to submit missing or additional data, the period of time elapsing until the said data are submitted shall be added to the period of time specified in Sub-Regulation 5(f) above. (h) An application for renewal of an authorization shall not be submitted less than 120 days before the said authorization’s expiry; (j) Should the Director be of the opinion that an authorization should not be renewed, he shall so inform the applicant in a reasoned letter 60 days before the authorization’s expiry; (k) Once an application for renewal of a business’s authorization has been duly submitted, the expiring authorization shall be deemed extended until the Director’s decision on the renewal application is known. 5A GMP CERTICATE SUNDRIES/PHM02 5 5.2007 (A) The Director will issue a GMP certificate to the manufacturing/importation authorization holder only after ensuring by mean of repeated inspections that the business complies with all the provisions of these Regulations. The GMP certificate will be issued not later than 30 days after the completion of the inspection. (b) The Director will update the published list of authorized manufacturers after issuing a new GMP certificate. 6. The duties of the manufacturing/importation authorization holder (a) A manufacturing/importation authorization holder shall not manufacture, market or store medicinal products other than as specified in the terms of registration for the said medicinal products or in the terms of his authorization, as the case may be. (b) The authorization holder shall ensure that his production, marketing and storage procedures guarantee that the medicinal products manufactured meet accepted standards of strength, quality and purity, as required by their terms of registration. (c) Any intended substantive alteration to the production conditions or substantive alteration in the information detailed in regulation 5, must be notified to the Director. The Director will decide and issue a written authorization within 90 days. (d) An authorization holder shall regularly review the production methods in his business in light of the latest available technologies and scientific knowledge. (e) An authorization holder shall establish and implement an efficient quality assurance system in his manufacturing business. 7. CONTRACTED-OUT PRODUCTION (a) Any part of the manufacturing according to these regulations not carried out by the authorization holder himself (hereafter ― contracted-out production) requires the Director’s prior authorization. (b) The Director shall not give the said authorization unless he is satisfied that― (1) The contracted-out production is carried out in accordance with Good Manufacturing Practice and according to the terms of registration of the medicinal products manufactured. (2) There is nothing in the contracted-out production to harm or injure the health or safety of the public. (3) The authorization holder and the contracted-out manufacturer have signed a quality contract. The contract shall clearly define the responsibility of each party and shall define in particular the observance of Good Manufacturing Practice to be followed by the contract acceptor and the manner in which the responsible pharmacist for certifying each batch is to discharge is responsibilities. ( SUNDRIES/PHM02 6 5.2007 8. PREMISES AND EQUIPMENT (a) All premises and appliances for manufacturing, marketing or storing medicinal products shall be― (1) Of a size and layout sufficient for manufacture and storage of the required quality and safety; (2) Complete and in sound working order so that manufacture and storage can be carried on in proper working conditions. (3) Clean and well-maintained so as to prevent contamination, and cross-contamination in particular, and also side effects liable to detract from product quality; (4) Planned so as to minimize the risk of production errors and damage to the quality of the medicinal products; (5) Ventilated and air-conditioned so as to maintain the temperature, humidity and level of cleanliness appropriate to the medicinal products manufactured and stored on the site. (b) All critical premises, appliances, systems and equipment used for manufacturing medicinal products shall undergo validation to ensure that they meet their intended use. 9. PERSONNEL (a) Any manufacturing, storage and testing of batches of medicinal products shall be carried out by a sufficient number of professional personnel skilled in the type of work being carried out. (b) The authorization holder shall draw up job descriptions and an organizational chart for his professional staff in terms of their responsibility for maintaining Good Manufacturing Practice. (c) The authorization holder shall employ skilled professionals, as set out in Regulation 2(b)(3), and shall notify the Director in writing of any change in the said personnel. (d) The authorization holder shall ensure that employees in positions of responsibility for maintaining good manufacturing practice shall follow standard operating procedures and shall ensure that they are duly trained, instructed and authorized. (e) The responsible pharmacist, the quality assurance manager and the production manager shall ensure that manufacturing in the business is being carried on, at all times, in conformity with Good Manufacturing Practice and the provisions of these Regulations. (f) The authorization holder shall provide his aforesaid trained professionals all the resources required for them to carry out their duties. SUNDRIES/PHM02 7 5.2007 10. THE DUTY TO PROTECT OCCUPATIONAL HEALTH AND MAINTAIN HYGIENE (a) The authorization holder shall have clear procedures drawn up on all matters relating to occupational health, the maintenance of the rules of hygiene, and correct dress, in order to prevent possible harm to the quality of the medicinal products. The personnel shall receive training and qualification on these procedures. (b) The authorization holder shall arrange appropriate instruction for all workers at their time of hiring, and at least once per year subsequently, on the risks to safety, hygiene and health attached to work with hazardous agents and on methods for preventing the said risks. (c) The authorization holder shall verify that each worker has understood the content of the aforesaid instruction and that he observes all the instructions and procedures governing his work with hazardous agents. 11. PRODUCTION CONTROL (a) The production department shall control the production process by means of the following operations including: (1) Verify compliance with the standard operating procedures (SOP), printed and authorized in advance, and which in turn conform to Good Manufacturing Practice; (2) Sample and test the medicinal product at different stages of the production process; (3) Record and investigate every deviation and defect in the medicinal product and its production process; (4) Take all possible technical and organizational measures available to prevent contamination, and particularly cross-contamination, and mix-ups of one medicinal product. (5) Check that all production processes are valid and replicable; any new manufacture or important modification of a manufacturing process of a medicinal product shall be validated. Critical phases of manufacturing processes shall be regularly re-validated. 12. QUALITY ASSURANCE AND QUALITY CONTROL (a) No one shall manufacture a medicinal product unless he has a working department of quality assurance (hereafter ― the department) and all the following conditions are met― SUNDRIES/PHM02 8 5.2007 (1) The department shall be a separate unit, independent of all other production departments, directed by a quality assurance manager, and answerable only to senior management; (2) The department shall have at its disposal recognized quality assurance laboratories for the purposes of performing the necessary examination and testing of the starting materials, packaging materials, and intermediate and finished medicinal products; (b) No batch of medicinal product shall be marketed until the department and the responsible pharmacist have given their authorization. For this purpose, “authorization” must include approval of the laboratory tests, production procedures, results of in-process controls, production documentation, process deviation reports, and the conformity of the medicinal product to the relevant specifications in the registration file; (c) No medicinal product recalled from the market shall be redistributed or repackaged until laboratory tests have been performed, an adequate documented investigation has been conducted and the department has issued its authorization. (d) Any alteration to the procedures for manufacturing or controlling the quality of a medicinal product requires the department’s authorization. (e) All methods of manufacturing, packaging, distribution and storage liable to affect the quality of a medicinal product must be tested by the department to its satisfaction and the department must issue its authorization, confirming that the methods are professional, appropriate and acceptable, and present no danger to the health of the public. (f) The department is responsible for ensuring that all quality tests are performed in laboratories, as set out in Sub-Regulation 12(a)(2) above. (g) The department shall investigate any complaint regarding the quality of medicinal products in the business. (h) Should the Director see that a quality assurance manager is doing any of the following ― (1) Acts in such a way as to harm or risk harming the health of the public or in violation of these Regulations; (2) Conducts himself unprofessionally; (3) Displays lack of responsibility or grave negligence in the performance of his duties; (4) Has been convicted of an offence whose nature, gravity and circumstances are not, in the Director’s opinion, compatible with carrying out quality assurance duties; ―he may forbid the authorization holder to employ him in his current position in the business. (i) The Director shall not issue such a prohibition under Sub-Regulation 12(h) above until he has given the authorization holder or the quality assurance manager, as the case may be, the opportunity of a hearing before the Director; however, should the Director find that delaying the said prohibition is liable to harm the public health, SUNDRIES/PHM02 9 5.2007 he may issue the prohibition forthwith, provided only that he give the authorization holder or the quality assurance manager, as the case may be, the first possible subsequent opportunity of a hearing. 13. DOCUMENTATION (a) An authorization holder shall maintain a records system, to include records of all of the following― (1) Specifications, manufacturing formulae and processing and packaging instructions; (2) Procedure and records covering the various manufacturing operations preformed and the testing of all production batches; (3) Standard operating procedures for production and quality control in the business; (4) Follow-up procedures for all starting materials and other products used in the production process; (5) Miscellaneous controls. (b) The documents shall enable the history of the manufacture of each batch, including the changes introduced during the development stage through to commercial manufacture to be traced, this to include all rejected batches. (c) Batch records shall be kept for at least a year after a medicinal product’s expiry date or at least five years from a medicinal product’s date of manufacture, whichever is the later. (d) For an investigational medicinal product, batch records shall be retained for at least five years from the end of the last clinical trial in which the batch was used. (e) The use of electronic records instead of written documentation shall be permitted only after the recording system has been validated and the data is shown to be stored in an appropriate manner, and for a period not less than the period required under Sub-Regulations 13(c) and (d) above. (f) The hardware and software used in electronic recording systems shall be reliable, and reasonably protected against unauthorized entry, disruption, violation or willful damage to the records, and furnish a reasonable level of availability, reliability and data back-up. (g) All documents shall be clear, tested, up-to-date and available for inspection by the Director at all times. 14. RETAINING SAMPLES (a) The manufacturing/importation authorization holder shall retain samples of starting materials, other than solvents, gases and water, used in the manufacturing SUNDRIES/PHM02 10 5.2007 process,, for at least two years from the date of the release of the batch of the medicinal product; should the stability of the starting material, as stated in the manufacturing specifications, be less than two years, the retention period for the samples shall be shortened accordingly; enough of the sample shall be retained to suffice for two complete tests. (b) During testing, the authorization holder shall take and retain samples from every batch manufactured of a finished medicinal product, to an amount sufficient for two complete laboratory tests (except for sterility and pyrogenicity tests) for the purposes of future follow-up and quality testing. (c) Test results shall be retained for five years or for one year after the expiry date, whichever is the later. (d) Batch samples shall be retained under authorized storage conditions, as specified in the product’s registration and the authorization, for at least one year after the expiry date. (e) For the said duration of their said retention period test results and samples shall remain available for inspection by the Director. 15. COMPLAINTS AND RECALL (a) Every medicinal product authorization holder or licensee shall set up a system for recording and investigating complaints from the public. (b) Every complaint about a defect in the quality of a medicinal product shall be investigated and recorded by the department; the authorization holder shall notify the Director, or any other person or body he shall nominate, of every defect that could to lead to an abnormal restriction in the manufacture or supply of a medicinal product or a recall. (c) A manufacturer shall take all measures to enable him to keep track of every batch, and of the amount of a medicinal product sold, for the purpose of recalling a defective medicinal product at the Director’s order or should a medicinal product be liable to endanger the public health. (d) The marketing of a medicinal product declared defective by its licensee or authorization holder or by the Director shall be halted immediately and the product shall be recalled to the wholesaler, or authorization holder, or any other place the Director shall order. 16. SELF INSPECTION Every authorization holder shall conduct repeated self-inspection as part of his quality assurance system in order to monitor the implementation of good manufacturing practice and to take necessary corrective measures as required; the authorization holder shall record the internal audits and every corrective measure subsequently taken. SUNDRIES/PHM02 11 5.2007 17. (a) THE RESPONSIBLE PHARMACIST The responsible pharmacist shall be a licensed pharmacist who has acquired practical experience of at least two years in a business which has been authorized to manufacture medicinal products, in the activities of qualitative and quantitative analysis of active substances and medicinal products, and of the testing and checking necessary to ensure the quality of medicinal products. The qualified person in medical gases manufacturing plant could have a degree in chemistry or chemistry engineer and not a licensed pharmacist. (a1) notwithstanding The provisions of Clause 17(a), a licensed pharmacist approved by the Director as a responsible pharmacist in a business of manufacture or import of medicinal products prior to the coming into effect of these regulations, and who acted as a responsible pharmacist in this business, can continue to hold this position. (b) The responsibilities of the responsible pharmacist are: (1) to ensure that each batch of medicinal product released for marketing has been manufactured and tested in accordance with the provisions of the Medicinal Products Ordinance and Regulations and in conformity with the product’s terms of registration. (2) to certify in a register that each batch of medicinal product released for sale satisfies the provisions of this regulation, to keep this register up to date for a period of at least 5 years; To have the register available for inspection by the Director at all times. (3) in the case of medicinal products coming from third countries with whom Israel does not have a mutual recognition agreement, to ensure that each batch of medicinal product released for marketing has undergone a full qualitative analysis, quantitative analysis of at least all the active substances and all the other tests or checks necessary to ensure the quality of medicinal products in accordance with the requirements of the marketing authorization. (4) In the case of a business of manufacture/importation of investigational medicinal products, in accordance with regulation 18, (a) to ensure that each batch of investigational medicinal product released for use in humans is manufactured and tested according to the protocol of the clinical trial, according to the principles of Good Manufacturing Practice and in accordance to these regulations. (b) to certify in a register that each batch of medicinal product released for sale satisfies the provisions of this regulation, to keep this register up to date for a period of at least 5 years. To have the register available for inspection by the Director at all times. SUNDRIES/PHM02 12 5.2007 (c) Should the Director see that a responsible pharmacist is doing any of the following ― (1) Acts in such a way as to harm or risk harming the health of the public or in violation of these regulations; (2) Conducts himself unprofessionally; (3) Displays lack of responsibility or grave negligence in the performance of his duties; (4) Has been convicted of an offence whose nature, gravity and circumstances are not, in the Director’s opinion, compatible with carrying out pharmacists' duties; ―he may forbid the authorization holder to employ him in his current position in the business. (d) The Director shall not issue such a prohibition under Sub-Regulation 17(c) above until he has given the authorization holder or the responsible pharmacist, as the case may be, the opportunity of a hearing before the Director; however, should the Director find that delaying the said prohibition is liable to harm the public health, he may issue the prohibition forthwith, provided only that he give the authorization holder or the responsible pharmacist, as the case may be, the first possible subsequent opportunity of a hearing before him. 18. INVESTIGATIONAL MEDICINAL PRODUCTS (a) The provisions of these regulations shall apply mutatis mutandis to investigational medicinal products with respect to the progress of the developmental and clinical trial stages the product is intended to undergo; the critical stages in the products’ development, such as the sterilization stage, shall be validated; all an investigational product’s development and production stages shall be fully recorded; nonetheless, as from Phase III an investigational medicinal product’s manufacturing site , or import of an investigational medicinal product, requires manufacturing/import authorization. (b) An investigational medicinal product shall be marked and packaged so as to ensure― (1) its safety and quality; (2) its proper use by a trial participant; (3) its identification and the identification of the trial the investigational product belongs to. (c) Together with the trial’s sponsor, the authorization holder shall set up a data collection system on the use of the investigational product, to include complaints, side effects, defects and breakdowns, and shall notify the Director of all said data relating to the manufacture and use of the investigational product. 19. A DRUGS WHOLESALER SUNDRIES/PHM02 13 5.2007 The provisions of these Regulations shall apply mutatis mutandis, and in accordance with a directive to be drawn up, to a drugs wholesaler, with regard to the activities he engages in, , and the types of medicinal products he markets. 20. GOOD DISTRIBUTION PRACTICE An authorization holder shall ensure that his business complies with the rules of Good Distribution Practice (GDP). 21. OVERSIGHT POWERS In order to maintain oversight over the implementation of the provisions of these regulations the Director may ― (1) having identified himself, enter any place where starting materials or medicinal products are manufactured, held or offered for sale in order to inspect them and their production process and whether the provisions of these regulations have been observed; however, the Director shall not enter a place used for residential purposes only, other than by court order; (2) require any person concerned in the matter to hand over to him information and documents regarding the starting materials and medicinal products; (3) take samples of the starting materials and medicinal products in a quantity sufficient for performing various tests, and do with them as he sees fit; the samples shall be handed over to the Director without payment; (4) seize starting materials and medicinal products, prohibit their manufacture and sale, or, should it be feared that they are harmful, or may be harmful, to the public health, destroy them. (5) carry out repeated inspections, notified or unnotified, of the business. 22. WITHOUT LET OR HINDRANCE No one may refuse the Director entry to premises where medicinal products are manufactured, or hinder or delay the Director’s said entry, himself or by means of another person, nor shall he decline to display on demand the whole stock of medicinal products, starting materials and samples in his possession or control, nor the records and registers he is duty bound to maintain, nor other documents the Director shall require, which pertain to his business dealings in starting materials and medicinal products. SUNDRIES/PHM02 14 5.2007 23. REVOKING AN AUTHORIZATION (a) Should the Director see that a business is acting in a manner actually or potentially harmful to the public health or in violation of these Regulations or in violation of the terms of its authorization, he may prohibit the manufacture or sale of any medicinal products, seize and destroy them at need, and may revoke, suspend or refuse to renew the said authorization. (b) has the director revoked, suspended or refused to renew an authorization, the gmp certificate will be revoked as well; © the director will update the published list of authorized manufactures or importers on every revoking of a GMP certificate. 24. THE DIRECTOR’S POWERS The Director shall not seize or destroy starting materials or medicinal products or issue a directive under Regulations 21 and 23 above until he has given the authorization holder or the licensee, as the case may be, the opportunity of a hearing before him; however, should the Director find that delaying the said directive is liable to harm the public health, he may issue the directive forthwith, provided only that he give the authorization holder or the licensee, as the case may be, the first possible subsequent opportunity of a hearing before him. SUNDRIES/PHM02 15 5.2007 25. OBJECTIONS TO THE DIRECTOR’S DECISIONS (a) Anyone who considers themselves injured by a decision under these Regulations may, within thirty days of receiving written notification of the decision, submit a formal objection to the Director in accordance with a directive to be drawn up; (b) The objection shall be submitted in writing and may be accompanied by a professional opinion and documentation supporting the arguments made in it; (c) Within thirty days of receiving notification of the objection or within thirty days of hearing the objector set out his arguments, whichever is the later, the Director shall issue his reasoned decision in writing; (d) The Director shall not reject an objection, in all or in part, without giving the objector a reasonable opportunity to have his arguments heard, provided the objector has requested this in submitting the objection. 26. REPORTING AN INCIDENT Should the Director hear of an incident which he is convinced it is important for him to be informed about, he may require an urgent report to be submitted to him, within a period of time he shall set. 27. FEES (a) The fee for the services listed in Column 1 of the First Schedule shall be as listed in Column 2 of the schedule. (b) The size of the fees listed in the Sixth Schedule shall change on 1 st January of each year (hereafter ― the change day) by the amount of the rise in the new index over the base index. (c) The amount of a fee that changes as aforesaid shall be rounded to the nearest whole shekel. (d) In this Regulation ― “index” ― the Consumer Price Index published by the Central Bureau of Statistics; “the new index” ― the last index published before the change day; “the base index” ― the latest index published before the previous change day, and for the purpose of the first change day after these Regulations come into force, the latest index published before their coming into force. SUNDRIES/PHM02 16 5.2007 28. RESTRICTIONS ON APPLICATION (a) These Regulations shall not apply to ― (1) A pharmacy preparations dispensed for a customer/patient by a pharmacist in a hospital in accordance with a doctor’s or dentist’s or veterinarian’s prescription; (2) Manufacture in a medical laboratory or academic institution for the purposes of teaching, research or analysis; (3) Legal activities of a pharmacy. (b) With the consent of the Director and on the terms of that consent, these Regulations shall not apply to the manufacture of a medicinal product in a period of emergency for the protection of the public against chemical, biological or nuclear attack, or to a product protecting against an epidemic disease so designated by the Minister of Health in accordance with the Public Health Ordinance, 1940. 29. NON-INFRINGEMENT OF EXISTING LEGISLATION The powers under these Regulations do not derogate from the powers under any other legislation, and meeting an obligation under these Regulations confers no exemption from an obligation under any other legislation. 30. COMING INTO EFFECT These Regulations shall come into effect one year from the day of their publication. 31. TRANSITION PERIOD PROVISIONS An authorization holder or licensee who before these regulations came into effect had received authorization for good manufacturing practice shall be deemed to have the same authorization under these Regulations until the expiry date of the said authorization. SUNDRIES/PHM02 17 5.2007 FIRST SCHEDULE (Regulation 27) FEES Column 1 Column 2 Service In NIS (1) Application for Authorization 35,000 (2) Application for copy of GMP certificate SUNDRIES/PHM02 180 18 5.2007 Signed This ____ day of ________, 2008 ______________________ Ya’akov Ben-Yizri Minister of Health SUNDRIES/PHM02 19 5.2007
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