In a letter sent Sept. 9, U.S. Representative Fred Upton (R-Mich.), chairman of the House Committee on Energy and Commerce and author of the U.S. Food and Drug Administration (FDA) Drug Quality and Security Act (DQSA) expressly states his disappointment in states that are imposing licensing standards on pharmaceuticals in the supply chain that differ from the federal standards.
In June, the California Board of Pharmacy issued a statewide pharmaceutical licensing requirement on third-party logistics providers. IWLA issued a letter asking the board to amend the bill to mirror federal licensing standards in order to provide conformity and clarity for compliance.
Rep. Upton’s letter contains a similar message that: “I was troubled to learn that despite the clear language [federal DQSA licensing preempts state laws] some states are seeking to impose 3PL licensing requirements that would be inconsistent with the DQSA’s provisions… As part of the implementation, it is critical that the FDA publicly issue a statement expressing your jurisdiction over these issues and that the law preempts conflicting state laws. Failure to do so will lead to confusion in the supply chain and thwart the purpose of the statute to create a uniform system.”
This is a good step in the right direction. IWLA will continue to track this progress of the state vs. federal licensing issue.