Exporting Prescription Drugs From the US: Global Care

December 21, 2022
 By Jacob Lee
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Exporting Prescription Drugs From the US: Global Care
Last Modified: May 8, 2024
Exporting prescription drugs from the U.S. is wrought with challenges. Fortunately, we’ll show you what steps you need to take to export successfully.

Exporting prescription drugs from the U.S. can be a pretty challenging task for an inexperienced exporter. Since prescription drugs are meant for human use, ensuring that the drugs you’re sending to another country are safe is important. There will be many regulations that you’ll have to abide by to prove that your shipment of prescription drugs is safe for consumption. 

According to the Food and Drug Administration (FDA), to export prescription drugs from the U.S., you’ll have to abide by the guidelines of the Export Reform Enhancement Act Of 1996. In addition to those regulations, your shipment will need to be accompanied by an export certificate,  and other related documents needed to export.

Exporting prescription drugs from the U.S. can be challenging, but as long as you follow the correct regulations, the process will be a breeze. 

Exporting Prescription Drugs From The US: Know the Industry

In the U.S., there are 2,015 pharmaceutical manufacturing businesses in operation. All of these businesses not only provide prescription drugs to U.S. citizens, but to foreign buyers in other countries as well. Over the past few years, the U.S. has been exporting an extremely large amount of pharmaceuticals to buyers all over the world. 

To show how much growth has occurred, we’ve provided a table of the U.S. biopharmaceutical exports in 2018 and 2019.

Amount Of Biopharmaceutical Exports From 2018 To 2019 (In Billions Of USD)

Export YearProduct Value
201854.7
201960.2

Provided By Statista

As this table shows, there’s a growing demand for U.S. pharmaceuticals around the world. That said, there are many regulations you’ll need to follow if you want to be a supplier to buyers in foreign countries. 

Prescription drug capsules in their packaging

What Federal Agency Regulates Drug Exports?

The U.S. federal government has three agencies that dedicate themselves to the export of pharmaceutical drugs. 

These agencies are:

  • FDA
  • Drug Enforcement Agency (DEA)
  • U.S. Census Bureau

The FDA concerns itself with the safety of all goods that are used by humans and animals. Aside from many regulations concerning the safety of these goods when imported into the U.S., the FDA also has strict regulations for exporting these goods.

The U.S. Census Bureau doesn’t have regulations that apply specifically to prescription drug exports. Rather, it tracks all U.S. exports that leave the country. Therefore, you will need to provide the information required for them to document your prescription drug export when it leaves the country.

DEA regulations apply to pharmacies whose controlled substances are imported by foreign buyers overseas. Their regulations are fairly simple and only require exporters to fill out some simple paperwork. 

White circular bottles meant for exporting prescription drugs from the US.

What is the FDA Export Reform Enhancement Act Of 1996?

One document that guides many of the FDA’s export regulations when exporting goods is the FDA Export Reform Enhancement Act of 1996. This act provides a good deal of important guidelines to follow when exporting prescriptions to foreign countries. When exporting prescriptions outside the country, the primary regulations are related to Section 801 of the act. 

Section 801 of the Enhancement Act is broken down into 12 different chapters. The first four chapters essentially lay out some basic information and background on Section 801. 

The chapters are broken down as follows:

  1. Introduction
  2. Terms Used in the Guidance
  3. Quick guide
  4. Statutory background
    1. Historical Background – exporting drugs that can’t be sold in the United States
    2. Historical Background – export animals drugs that can’t be sold in the United States
    3. Historical background – exports of devices that can’t be sold in the United States
    4. Enactment of the FDA Export Reform and Enhancement Act Of 1996

Chapter five of Section 801 is where regulations for exporting pharmaceutical drugs to other countries come into play. This part of the act describes all of the regulations related to exporting controlled substances. The main ones that you should concern yourself with are the ones we’ve listed below.

  • 5. General Requirements for Exporting Products Under Section 801
    • Summary of what Section 801 entails
    • Determining compliance with Section 801
      • Meeting the Foreign Importer’s Specifications
      • Obeying the laws of the importing country
      • Using a package labeling that shows the products are intended to be exported
      • Exporting goods not offered for sale in the United States
    • Special Restrictions On Animal Drugs
    • Special requirements for partially processed biological products
    • Special requirement for exporting biological products that are only partially processed
      • What makes biological products partially processed?
      • cGMP requirements
      • Section 351 of the Public Health Service Act

As the name of this chapter of Section 801 implies, these are the basic and general requirements that you will need to follow to export pharmaceutical products. After going through and completing regulations in the General Requirements chapter, you must complete the sixth chapter Section 801: Labeling Requirements Chapter.

Among other things, this chapter of the act states that labeling can be to the specifications of the importer of drugs. That said, the labeling must be in line with the FDA’s requirements as well. Next, chapters seven through nine describe the requirements for exporting drugs not approved by Section 801.  

These chapters are called:

  • 7. Exporting unapproved drugs
  • 8. Exporting unapproved drugs for investigational use
  • 9. Exporting unapproved drugs in anticipation of foreign approval

The final three chapters have regulations that apply to different topics. They are:

  • 10. regulations for exporting drugs that are meant for diagnosing, preventing or treating tropical diseases or diseases
  • 11. regulations for keeping records of pharmaceutical exports
  • 12. further information and contact information

Of all of these 12 chapters, the issued regulations of chapters five, six and 11 are practically universal. All exported drugs will be subject to the regulations in these chapters. Chapters seven through 10, however, only have to be followed on a case-by-case basis. 

Not all exports of prescription drugs fit the regulations of chapters seven through 10. Rather, you must find which of these four best describes your shipment. Working your way through the details of Section 801 can be tiresome. Consider working with a certified export consultant to help you through the process. 

Orange prescription capsules awaiting packing

FDA Certificates and Letters

Section 801 of the FDA’s Export Reform Enhancement Act does contain many of the regulations that you’ll need to follow to export your pharmaceutical drugs. However, it doesn’t contain all of the guidelines you’ll need to follow. 

We’ve laid out some additional FDA pharmaceutical export requirements that may apply to your exports. 

Obtain an FDA Export Certificate

After you’ve gone through all of the applicable regulations that apply to your pharmaceutical drug export domestically, it’s time to examine foreign requirements. Just as the U.S. has the FDA to regulate goods meant for human and animal use or consumption, foreign governments around the world have their own agencies responsible for drug enforcement. 

Oftentimes, foreign importers will ask you to provide a certificate that shows that the drugs you’re exporting are safe for consumption. A certificate from the FDA can cover most of the information requirement needs.

The FDA provides the following certificates:

  • Certificate of free sale (human foods)
  • Certificate of free sale (animal foods)
  • Certificate of cosmetics
  • Health certificates
  • Certificate of a pharmaceutical product
  • Non-clinical research uses the only certificate
  • Certificate to foreign government
  • Certificate of exportability

To export prescription drugs, you’ll need to either obtain a Certificate Of A Pharmaceutical Product’, Certificate To Foreign Government or a Certificate of Exportability. The Certificate Of A Pharmaceutical Product is applicable for both human and animal drugs. 

This certificate is written in a format established by the World Health Organization (WHO). Both the Certificate To Foreign Government and the Certificate Of Exportability can be used for human and animal drugs. The difference between them is that the Certificate To Foreign Government are for pharmaceuticals that meet the requirements for marketing in the United States, while the Certificate Of Exportability is for pharmaceuticals that can’t be marketed. 

Based on the pharmaceutical export that you’re shipping out and the information the importer provides, you will need to determine which certificate is necessary.

Provide CPP Information

CPP information or Certificates of the Pharmaceutical Product, are other items that a foreign importer will likely ask you to provide. The CCP gives information about the marketing status of the exported FDA-approved drugs. It also certifies that the manufacturer who made the pharmaceuticals did so in compliance with FDA standards. 

The FDA publishes resources for foreign importers that lets them determine if the pharmaceuticals they’re importing from the U.S. are FDA-approved and whether or not the facility that made the prescription drugs passed FDA inspections. 

These resources are located at:

  • FDA’s Orange Book
  • FDA’s Inspection Classification Database
  • FDA letters to manufacturers indicating their inspection classification

Obtaining a CPP is extremely important when you’re an exporter of prescription drugs. You can apply for a CPP online at FDA’s Center for Drug Evaluation and Research Export Certification Application and Tracking System (CDEReCATS). CPPs are good for any amount of pharmaceutical exports for two years. Be sure to obtain a new CPP before the old one expires. 

Obtain CGMP Declaration

If you’ve been denied a CPP, you can try obtaining a CGMP or Current Good Manufacturing Practice Declaration. According to the FDA, you’re only required to apply for one if the foreign importer or regulator doesn’t accept a valid CPP. 

You can obtain a CGMP declaration from the CDEReCATS the same way you can a CPP. That said, the FDA does have a few rules that you must follow when obtaining this declaration. 

Applicants should follow these rules:

  • Establishments can only request a CGMP for themselves 
  • Establishments that request a CGMP must have already been inspected by the FDA
  • Establishments applying for a CGMP must also have previously received a CPP or have a CPP number
  • Establishments can only request a CGMP declaration at CDEReCATS
  • When requesting a CGMP, an establishment must provide the email address of the foreign regulator

If the FDA accepts the request and issues the CGMP, they’ll send it via email to the foreign regulator. 

What is DEA Form 225?

Unsurprisingly, the DEA has its requirements that they enforce on exporters of controlled substances. To satisfy their requirements, you’ll need to register as a yearly exporter with them. This can be done by completing what’s called a DEA Form 225. 

The DEA Form 225 is intended primarily for pharmacies that export controlled substances to foreign nations. You should submit this form well before you plan to export your controlled substance. 

The DEA Form 225 will take anywhere between four to six weeks to fully process. On top of that, you can expect annual renewal fees of $1,500 for this form as well. 

Pill bottles on an assembly line

What is a Prescription Drug Schedule B Number?

As per U.S. Census Bureau regulations, you’ll need to provide a Schedule B Number for your exported shipment of prescription drugs

That said, the U.S. Census Bureau only requires you to provide a Schedule B Number under two circumstances:

  • Your shipment is over $2,500 in value
  • A license is required to export it 

Given the certificate and registration requirements of the DEA and the FDA, and the fact that prescription drugs are expensive, you’re going to need a Schedule B Number for your export. Schedule B Numbers are split up into different chapters. To find the Schedule B Number for your prescription goods, simply go to chapter 30 of Schedule B, 2022 edition. 

If you’re exporting prescription drugs to a country the U.S. has a Free Trade Agreement with, a Schedule B Number will be required for your importer to receive preferential tariff treatment on your shipment of goods. Therefore, your buyer might ask you to include one with your shipment.  

Cargo Exports USA Can Help You With Exporting Prescription Drugs From the U.S.

Following the regulations of each federal agency that regulates prescription drug exports can be a stressful endeavor to undertake. Fortunately, our team at Cargo Exports USA can help you out. We make it our job to keep up with the current federal regulations regarding U.S. exports. 

When you choose Cargo Exports USA, you obtain access to the following:

  • Certificates of Origin
  • Product Classification
  • Export Licensing
  • Consulting Services

Obtain our services today or get in touch with our team at (866) 301-0635.

One comment on “Exporting Prescription Drugs From the US: Global Care”

  1. Dear Export Department:

    Based on your company’s profile, we noticed we could cooperate with your company in the exporting of Prescription drugs from the United States. We have the authority from a foreign Ministry of Health/Contractor to source a reliable licensed exporter of pharmaceutical drugs from the United States, Canada and any of the countries in South America. Since you are an expert dealing with exporters in this regard, we see an opportunity to assign the logistics aspect of our inquiry to your company if you can refer an outstanding customer of your company that may be interested in assisting to quote on the request we have on hand and thereafter, subsequent long-term orders. This can be a win- win situation for your customer and your company. We look forward to a positive response to our request for referral.

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