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Chapter Law Content

Title: Regulations for Registration of Medicinal Products CH
Category: Ministry of Health and Welfare(衛生福利部)
Attachment:
Chapter 3 Chinese Medicine
Section 1 General Provisions
Article 74
The testing specifications for Chinese medicine, as provided in this Chapter, are based on the Taiwan Herbal Pharmacopeia, Chinese Pharmacopoeia, or other foreign pharmacopoeias or announcements acknowledged by the central health authority. References can only be taken from the last two editions; nevertheless, the testing specifications for Chinese medicine preparation shall be based on the latest edition of the Taiwan Herbal Pharmacopeia or Chinese Pharmacopoeia.
In the event that the testing specifications set forth in the preceding paragraph are not listed in the Taiwan Herbal Pharmacopoeia or Chinese Pharmacopoeia or are not covered by any other foreign pharmacopoeias or announcements acknowledged by the central health authority, manufacturers and importers shall establish the testing specifications at their own discretion based on their actual needs.
Article 75
The formulation basis of Chinese medicine shall be in compliance with any of the following regulations:
1. For the formulas included in the “Standard Formulas of Chinese Medicine” announced by the central health competent authority, the dosage form and formula contents shall be identical to those stated in the “Standard Formulas of Chinese Medicine”.
2. The formulas conform to those listed in well-established publications or any other publications recognized by the central health competent authority.
3. The formulas conform to those listed in the drug licenses held by other drug companies. However, formulas that are listed in the drug licenses issued by the Ministry of the Interior or renewed by the central health competent authority but not listed in any of the well-established publications shall not be used as the formulation basis.
4. In the case of export licenses, the formulas shall be included in the importing country’s pharmacopeia or standard formulas or shall meet purchase order requirements.
The well-established publications mentioned in Subparagraph 2 of the preceding paragraph refer to “Yi Zong Jin Jian (Golden Mirror of Medicine)”, “Yi Fang Ji Jie (Analytic Collection of Medical Formulas)”, “Ben Cao Gang Mu (Compendium of Materia Medica)”, “Ben Cao Gang Mu Shi Yi (Supplement to Compendium of Materia Medica)”, “Wai Ke Jheng Zhong (Orthodox Manual of External Disease)”, “Ben Cao Bei Yao (Essentials of Materia Medica)”,“Grand Dictionary of Chinese Medicine”, and “Chinese Materia Medica Grand Dictionary”.
The license number or publication title, edition number, and page numbers shall be indicated in the “formulation basis” field of a registration application form. A photocopy of the formulation basis shall be submitted.
The dosage form of products to be manufactured or imported shall be identical to the dosage form that is indicated in the formulation basis submitted in accordance with the preceding paragraph, except for the cases where the powder and capsule forms are interchangeable or where all forms of concentrated Chinese medicine preparations are interchangeable.
Article 76
The name of a Chinese medicine product shall comply with the following regulations:
1. Single ingredient preparations: Products are named by adding the manufacturer’s name, brand name or trademark, and dosage form to the name of the Chinese medicine. If a merchandise name is used, then the name of the Chinese medicine shall be added to the end of the product name in brackets.
2. Compound preparations: Products are named by adding the manufacturer’s name, brand name or trademark, and dosage form to the compound name indicated in a pharmacopoeia. If a merchandise name is used, then the compound name indicated in a pharmacopoeia shall be added to the end of the product name in brackets.
If the name of a Chinese medicine product, as set forth in the preceding paragraph, is used for export only, the foregoing limitations shall not apply.
Article 76-1
If a Chinese medicine product has a name that is used for export only or any of the following conditions occurs, and a photocopy of the purchase order placed by a company in the importing country and indicating the name that is used for export only, or a photocopy of the trademark registration certificate is submitted along with an application for registration, the manufacturer’s name may not be included in the product name:
1. The applicant is a proprietor of a registered trademark.
2. The applicant is not a proprietor of a registered trademark but a licensee of such a trademark. The proprietor of such a trademark is a manufacturer commissioned by the applicant to manufacture products. Moreover, a trademark license is submitted.
3. The applicant is not a proprietor of a registered trademark but a licensee of such a trademark. The proprietor of such a trademark is not a manufacturer commissioned by the applicant to manufacture products. Registration has been filed with the trademark authority, and a trademark license and registration documents have been submitted.
Article 76-2
The name of a Chinese medicine product shall not contain the drug trademark or name of another manufacturer, unless the applicant has acquired the trademark rights to use the manufacturer’s name or has obtained a letter of consent from the commissioned manufacturer to use its name in the case of commissioning others to manufacture products.
Article 76-3
A Chinese medicine product is named in Chinese or a foreign language:
1. Chinese: No combination with foreign letters or Arabic numerals is allowed, unless they directly convey a meaning.
2. Foreign languages: They may be translated from Chinese by means of transliteration or semantic translation.
Up to three product names, as set forth in the preceding paragraph, shall be provided for the central health competent authority to approve one of them.
Chinese medicine product names that are used for export only shall not be subject to the quantitative limitation set forth in the preceding paragraph if they are directly transliterated from Chinese. However, if such names are not directly transliterated from Chinese, no more than three names shall be approved for each application.
Article 76-4
The merchandise name of a Chinese medicine product shall not be similar or identical to the merchandise name of any product of other drug companies, and shall not involve counterfeiting or insinuation.
If an applicant intends to name a new product after another of the applicant’s approved drugs with an annotation, then the annotation shall not cause inappropriate association or confusion between the original and annotated product names.
Article 76-5
Chinese medicine with the same formula but in different sizes of pills, tablets, or capsules and excipients are made of different aromatics, coloring agents or flavors, shall have the same product name, provided that an identifiable name is added in brackets to the end of the product name. Medicines with the same formula but in different dosage forms may have different product names.
A drug company shall not give products with different formulas the same product name.
Article 76-6
If the name of a Chinese medicine product involves the efficacy, the name shall be appropriate to the efficacy and indication. If necessary, clinical efficacy evaluation results shall be provided for justification.
Article 76-7
The name of a Chinese medicine product shall not misrepresent or exaggerate the efficacy and safety of the product, cause inappropriate association or confusion in regard to the product name and efficacy, or encourage drug abuse.
Article 76-8
In the case of an application for license transfer or the change of a product name or any inconsistency between the name of a Chinese medicine product and the provisions of the preceding seven articles, the central health competent authority may re-assess the product name.
Article 77
The “packaging” field on the application form for Chinese medicine registration shall contain such information as quantity, materials, and types of packaging. The minimum packaging unit used for indicating the quantity shall be consistent with the dosage form unit stated on the application form for drug registration.
The weight of the packaging for Chinese medicated patches, as indicated on the labels, shall not include the weight of the films.
Article 77-1
The maximum quantity for each packaging unit of Chinese medicine products is as follows:
1. Tablets, pills, and capsules: No more than 1000 units
2. Powders, granules, gels, ointments, and plasters: No more than 1000 grams
3. Liquid for internal use, liquid for external use, plasters for internal use, wines, and distillates: No more than 1000 milliliters
4. Flakes: No more than 1000 packs
5. Medicated patches: No more than 1000 pieces
The minimum packaging size for multiple-dose Chinese medicine products shall be the minimum two-day dosage for adults.
For the Chinese medicines concerned in applications for export only, for use by drug companies and food manufacturers as raw materials, or for use by medical institutions and academic organizations, the maximum or minimum packaging quantity shall not be subject to the limitations set forth in the preceding two paragraphs. However, for the products concerned in applications for use by medical institutions, the packaging quantity shall not exceed two times the maximum packaging quantity requirements. If the packaging quantity exceeds twice of the maximum packaging quantity, the certificate of purchase from the medical institutions shall also be attached.
Provided that the packaging of Chinese medicines conforms to the requirements set forth in the preceding three paragraphs, manufacturers may, at their own discretion, make adjustments to suit the market needs without filing an application for post-approval changes. If the packaging does not conform to the requirements set forth in the preceding three paragraphs, manufacturers are required to file an application for post-approval changes.
Article 78
Information given in the “name of raw materials” and “contents” fields on the application form for Chinese medicine registration shall comply with the following regulations:
1. The name of raw materials shall be labeled in Chinese.
2. Chinese medicine materials shall be those listed in the “Ben Cao Gang Mu (Compendium of Materia Medica)”, “Taiwan Herbal Pharmacopoeia”, or other pharmacopoeias or medicine formularies acknowledged by the central health competent authority. Contents shall be indicated in metric measurements.
3. The full formula shall be listed in the order of monarch, minister, assistant, guide, and excipients. If the product adopts a standard formula announced by the central health competent authority, the list shall be made in the order consistent with that of the standard formula.
4. Units for labeling:
(1) Traditional tablets, pills, and capsules: The contents of each raw material shall be indicated in the minimum unit.
(2) Traditional powders, granules, gels, ointments, plasters, and medicated patches: The contents of each raw material shall be indicated per gram.
(3) Liquid, plasters for internal use, wines, and distillates: The contents of each raw material shall be indicated per milliliter.
(4) Flakes: The contents shall be indicated per pack.
(5) Concentrated Chinese medicine preparations: The contents of single ingredient preparations shall be indicated per gram, while those of compound preparations shall be indicated per daily dose. However, in the case of tablets, pills, and capsules, the contents of each raw material shall be indicated in the minimum unit.
5. Labeling on capsule shells:
(1) Soft capsules: A description of the full formula of soft capsules shall be provided.
(2) Hard capsules: The outer colors of the cap and body of hard capsules as well as the size number shall be indicated.
6. If any cold and cough preparations contain tea leaves, the maximum content of tea leaves per day shall be 3.75 grams.
Article 79
Information filled in the “efficacy” or “indications” field on the application form for Chinese medicine registration shall comply with the following regulations:
1. For those using a standard formula announced by the central health competent authority as the formulation basis, the information shall be identical to the standard formula.
2. For those using a well-established publication as the formulation basis, the information shall be consistent with the contents of said publication.
3. For those using a formula listed in the drug license of another drug company as the formulation basis, the information shall be consistent with that in the drug license.
4. If clinical trials have been conducted, the information shall be consistent with the clinical trial reports that have been submitted for recording.
Article 80
Information given in the “dosage and administration” field on the application form for Chinese medicine registration shall comply with the following regulations:
1. The dosage shall be proportional to the content of the original formula.
2. After conversion, the daily dose of Chinese medicine in concentrated form or liquid form (for internal use) shall be equivalent to that of Chinese medicine drinks; in principle, the daily dose is divided into 2-3 doses for administration.
3. Dosages for children: In principle, the dose for children between the ages of 8 and 15 is two-thirds of the dose for adults; the dose for children between the ages of 5 and 7 is half of the dose for adults; the dose for children between the ages of 2 and 4 is one-third of the dose for adults; or there shall be a label specifying that the dosage for children decreases with age.
Medication for infants under the age of 2 shall be decided by physicians after diagnosis and treatment. The label on OTC drugs shall not indicate the dosage and administration for infants under the age of 2.
Article 81
The information contained on labels, package inserts, or packaging for Chinese medicine is subject to Article 75 of the Act. The contents and presentation shall comply with the following regulations, and the fonts shall be easy to read:
1. Package inserts shall contain information on drug category, packaging, storage conditions and other necessary information.
2. The information contained on package inserts is limited to the extent of the efficacy or indications. For compound preparations, the information is limited to the extent of the main pharmacological effects of their mixed active ingredients. Exaggerated terms and wordings are not allowed.
3. A detailed description of contraindications, warnings, side effects, and precautions shall be provided on the package inserts, and shall be printed in red or in bold with a different font or, when necessary, with a red frame.
4. For any Chinese medicine preparation that uses a merchandise name, the original formula name derived from a pharmacopeia shall be listed after the product name in the package inserts, or on the labels or outer boxes if no package inserts are provided.
5. Unless otherwise provided, the Chinese fonts printed on package inserts shall not be smaller than DFKai-SB font size seven.
6. Labels, package inserts, and packaging materials shall not include indecent or offensive images or wording or exaggerated descriptions of the efficacy and indications.
7. If a distributor’s name is printed on the labels, package inserts, or packaging materials, the distributor shall have obtained a business license, and the font size of the distributor’s name shall not be larger than that of the name of the manufacturer (license holder).
8. The font size of the Chinese product name shall not be smaller than that of any foreign letters. The font size of the Chinese product name shall not be lower than that of any foreign letters.
9. For the font size of the product name, no character is allowed to be less than half of the size of any other characters. However, the font size of the manufacturer’s name, merchandise name, and dosage form will not be compared with each other.
10. For OTC drugs, “OTC Drug” or “Class B OTC Drug” shall be printed in a significantly larger font on labels and packaging materials according to their categories. In the case of preparations for external use, “For External Use” shall be printed in red or in bold with a different font or, when necessary, with a red frame.
11. The labeling of the smallest unit for single use, which is given or sold in its original package with the outer box remaining intact, should be at least labeled indicating Chinese product name, manufacturer’s name, and license number on the circumstances of the immediate package does not have enough space to include all required information.
12. For drugs packed in aluminum blister foils, the Chinese product name, manufacturer’s name, and license number shall be printed on each sheet of foil. The same rule also applies to aluminum foil packets for refills used by medical institutions.
13. Labels, packaging, or aluminum foil packets for refills used by medical institutions shall contain information in any of the following formats:
(1) Batch number, manufacturing date, and effective period;
(2) Batch number and expiry date; or
(3) Batch number, manufacturing date and expiry date.
14. The manufacturing date or expiry date, as required in the preceding paragraph, shall be printed in year-month-day format. The manufacturing date, effective period, and expiry date shall be printed in a manner understandable to consumers.
15. In the case of imported drugs, such information as the importer’s name, address, license number, Chinese product name, and category may be provided on a sticker.
16. The process of labeling or attaching stickers is subject to the GMP regulations. For imported drugs, labels or stickers shall be properly attached by the original manufacturers. Alternatively, a GMP certified manufacturer or a GMP certified medical product distribution center in Taiwan might be commissioned in accordance with the Regulations for Medicament Contract Manufacture and Analysis to carry out the packaging and labeling or sticker attaching processes after drugs are imported into Taiwan. However, labels indicating the foreign manufacturer’s name and address shall be properly attached by the original manufacturer.
The package inserts, labels, stickers, outer boxes, aluminum blister foils, and other printed materials or drafts indicating the materials used, which conform to the regulations set forth in all subparagraphs of the preceding paragraph, shall be properly attached to the forms for sticking outer boxes, package inserts, and labels, as specified in Paragraph 2 of Article 3. However, the package insert is not required for any Chinese medicated patches with contents to be set forth in the preceding paragraph package insert fully indicated on the label or package.
Article 82
The application for Chinese medicine registration shall pick up the drug license and proceed with drug testing as notified by the central health competent authority; the application for post-approval changes of Chinese medicine registration shall pick up the drug license or proceed with drug testing as notified by the central health competent authority.
Upon receipt of the aforesaid notice for picking up the drug license, the applicant shall, within three months, pay the fees and proceed with the following steps:
1. Two copies each of the forms for sticking outer boxes, package inserts, and labels that are printed properly shall be provided. For new drugs, three copies each shall be provided.
2. The originally approved copies of the forms for sticking outer boxes, package inserts, and labels shall be returned.
3. A photocopy of the drug license that was attached to the application shall be returned.
If the applicant is required to correct any mistakes contained on the labels, package inserts, packaging, or other related materials submitted for the purpose of picking up the license within a specified deadline, the applicant may pick up the license only after having made corrections within the deadline specified by the central health competent authority.
If the applicant applies for any other change after receipt of a notice for picking up the license, the fee for post-approval changes shall be paid again.
In the review of a drug license, the competent central health competent authority shall add a supplementary clause, stating that the medicine cannot be launched in the market until it receives the notice of passed the tests; after the drug license has been picked up, the applicant does not follow the regulations to proceed with drug testing, or the sample test results are not consistent with the contents of the application or are disqualified for other reasons, then the central health competent authority shall revoke the drug license and notify the applicant to return the drug license within a specified deadline.
Article 83
After an applicant receives a drug testing notice as set forth in the first paragraph of the preceding article, the applicant shall pay the fees and submit three portions of raw materials and a drug sample test form before the deadline. The deadline for drug testing shall be within 30 days for domestic Chinese medicines and within three months for imported Chinese medicines.
When necessary, the central competent health authority may order the applicant to provide three portions of drug samples or an appropriate quantity of reference standards.
The three portions mentioned in the preceding two paragraphs shall refer to a quantity sufficient for carrying out three tests.
If the central competent health authority deems it necessary to re-test a tested Chinese medicine product, the applicant shall pay the fees again.
Article 29 shall apply mutatis mutandis to the matters that the applicant shall comply with when proceeding with drug testing.
Article 84
If an applicant for the registration of imported Chinese medicines is required to apply for Chinese medicine samples before proceeding with drug testing in accordance with the preceding article, the applicant shall carry out customs clearance according to the quantity of the Chinese medicine samples, raw materials, and reference standards stated on the drug testing notice set forth in Paragraph 1 of Article 82 in addition to proceeding with drug testing in accordance with the preceding article. However, to ensure that the packaging remains intact, the applicant may request the customs office to release the medicines in a single complete package if the quantity of a single package of imported medicines exceeds the quantity required for testing.
The regulations of the preceding paragraph shall apply mutatis mutandis to the samples, their quantity, and the customs clearance procedures for the testing required for the application for post-approval changes of imported Chinese medicines.
Article 85
In the event that an applicant fails to pay the fees, fill out and submit an application form, prepare all required materials, or meet the other requirements set forth in the Regulations and, subsequently, has to take corrective actions, the central health competent authority shall notify the applicant to make the corrections within three months.
If the applicant is not able to make corrections within the deadline, a written statement specifying the reasons shall be submitted before the expiration of the correction period to apply for an extension. The extended period is one month after the day following the expiration of the original correction period. Only one extension will be allowed. If the applicant fails to make corrections within the deadline, then the central health competent authority may reject the application based on the current materials available.
Article 86
The review criteria for concentrated Chinese medicine preparations are as follows:
1. In principle, compounds shall be decocted in combination. Those whose original formula involves traditional pills or powders may be decocted separately. Donkey-hide gelatin, mirabilite, maltose, and others not suitable for adding into decocting shall not be decocted in combination with others.
2. Extracts of decocted medicines may be prepared with lactose or starch, as listed in the Chinese Pharmacopoeia, or with excipients that do not affect efficacy. If the original formulation basis involves traditional pills, non-boiled traditional powders, or other medicines approved by the central health competent authority, the extract may be prepared with Chinese medicine base powders.
3. The levels of microorganisms, heavy metals, and pesticide residues in concentrated Chinese medicine preparations shall be within the limits announced by the central health competent authority.
4. The ratio of extracts to excipients should be 1:1 in principle, with an upper limit of 1:3.
5. The ratio of crude drugs actually produced to extracts shall be up to 15% more or less than the figure specified in the application.
The quantitative method, specifications, and required materials for marker ingredients of concentrated Chinese medicine preparations shall be in compliance with the regulations announced by the central health competent authority.
Article 87
If a Chinese medicine product contains any protected species listed in Appendix 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the source of these ingredients shall be indicated.
Article 88
The Assurance Statements (A) and (B), Assurance Statement for Export Only (C), and Affidavit of Loss (D), as stipulated in the Regulations, shall include the name and address of the company or firm signing such statements or affidavits, the name of the person in charge, and the date of signature, and shall be affixed with the signet or stamp that is the same as those on the application form. In the case of outsourced manufacturing, assurance statements or affidavits shall be signed by both parties.
Article 89
For the purpose of applying for Chinese medicine registration or post-approval changes, the clinical trials conducted in Taiwan shall conform to the following regulations:
1. A manufacturer shall conduct clinical trials in Taiwan in accordance with the Regulations for Good Clinical Practice and other regulations announced by the central health competent authority.
2. Before conducting a clinical trial, a manufacturer shall submit an application form for drug clinical trials, a protocol, a summary, and the technical data announced by the central health competent authority for reviews by the said authority.
3. After an application is reviewed and approved by the central health competent authority, the manufacturer shall conduct a clinical trial based on the comments given. After completion of the clinical trial, the clinical trial report and results shall be submitted for recording. Any necessary changes in the clinical trial protocol may be done only after such changes have been approved.
4. Before the central health competent authority reviews the clinical trial report and results, grants its approval, and issues a letter regarding the recording of the report, no applications for registration or post-approval changes will be approved.
Article 90
Unless otherwise provided in this Chapter, the authorization letter, FSC from the country of origin, batch record and manufacturing and controls standards, form for sticking changed licenses and certificates, references and research reports, the applicant field on the application form, and outsourced manufacturing and inspection shall be subject to Article 5, Article 6, Article 11, Article 12, Article 13, Paragraphs 1 and 3 of Article 16, and Article 23, respectively.
If any of the following conditions occurs, applications concerning Chinese medicine shall be rejected:
1. Any of the conditions listed in Article 25 occurs.
2. Another application is submitted for products with the same dosage form on the same formulation basis. However, this provision is not applicable to those made into different sizes of pills, tablets, or capsules, as well as excipients made of different aromatics, coloring agents or flavors.