Psychoactive Substances Code of Manufacturing Practice Implementation plan Citation: Ministry of Health. 2014. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan. Wellington: Ministry of Health. Published in January 2014 by the Ministry of Health PO Box 5013, Wellington 6145, New Zealand ISBN 978-0-478-41587-2 (online) HP 5786 This document is available at www.health.govt.nz This work is licensed under the Creative Commons Attribution 4.0 International licence. In essence, you are free to: share ie, copy and redistribute the material in any medium or format; adapt ie, remix, transform and build upon the material. You must give appropriate credit, provide a link to the licence and indicate if changes were made. Foreword New Zealand is a world leader in the regulation of psychoactive substances. The importation, manufacture and supply of these substances are regulated through the Psychoactive Substances Act 2013. The Psychoactive Substances Regulatory Authority (the Authority) is responsible for ensuring products meet adequate safety requirements before they can be distributed in New Zealand. Risk assessments focus on approving only those substances that pose no more than a low risk of harm to users. The details of the quality control requirements for manufacturers of psychoactive substances are outlined in the Code of Manufacturing Practice (the Code). The Code focuses on making sure all psychoactive products on the market in New Zealand are made to a consistently high standard in clean, controlled environments. The Code is based on New Zealand’s approach to regulating pharmaceuticals and takes into account international best practice in chemical manufacturing. The Code has been structured into two documents: the technical requirements of the Code and the Implementation Plan. These two components make up the Code in its entirety, and both are effective from 17 January 2014. The implementation of the Code is being undertaken in a staged approach, with an initial set of requirements from 17 January, and further information to be provided at later specified dates. The implementation timeframes and information requirements are outlined in this document, and should be referenced in conjunction with the Code, now published on the Ministry of Health’s website. All holders of interim licences to manufacture psychoactive substances are required to comply with the Code, and the Implementation Plan, in relation to products manufactured in their facility from 17 January 2014. Donald Hannah Manager, Psychoactive Substances Regulatory Authority Psychoactive Substances: Code of Manufacturing Practice – Implementation plan iii Contents Foreword 1 2 iii Introduction 1 1.1 Background to the Code of Manufacturing Practice 1 1.2 Interim licensing regime 1 1.3 Implementation of the Code 2 1.4 Assessment of information 3 1.5 How to submit your information 3 Overview of the Code implementation 4 2.1 General approach to the information required 4 2.2 Overview of initial requirements from 17 January 2014 4 2.3 Overview of additional requirements by 22 April 2014 4 2.4 Overview of additional requirements by 22 April 2015 5 2.5 Overview of additional requirements to be phased in after 22 April 2015 5 Appendix 1: Summary of requirements for implementation of the Code 6 List of tables Table A1.1: Summary of data requirements for compliance with the Code and associated implementation timeframes 6 List of figures Figure 1: Overview of Code of Manufacturing Practice Implementation Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 2 v 1 Introduction 1.1 Background to the Code of Manufacturing Practice The Psychoactive Substances Act 2013 (the Act) came into force on 18 July 2013. The purpose of the Act is to regulate the availability of psychoactive substances in New Zealand to protect the health of, and minimise harm to, the individuals who use these substances. The Act establishes the Psychoactive Substances Regulatory Authority (the Authority) within the Ministry of Health. The Authority is responsible for ensuring products meet adequate safety requirements before they can be distributed in New Zealand, and also licenses importers, researchers, manufacturers, wholesalers and retailers. Section 29 of the Act requires the Authority to develop a code of manufacturing practice relating to the manufacture of psychoactive substances and products. Under section 17 of the Act, it is a compulsory condition of any licence to manufacture that the licence holder complies with the code. The Code of Manufacturing Practice (the Code) came into effect on 17 January 2014, six months after the commencement of the Act. The Code is available on the Ministry of Health’s website, and details the expectations to both new and existing manufacturers to ensure that they produce psychoactive substances that consumers and the Authority can rely on. The Code details the quality requirements necessary for manufacturers to demonstrate that they are able to produce psychoactive substances and products that: are manufactured in Good Manufacturing Practice (GMP) licensed facilities are manufactured to defined quality standards use ingredients that comply with internationally established standards comply with a set of specifications agreed by the Authority as part of the product approval. 1.2 Interim licensing regime The Act established an interim regime during the transition to regulations. The interim regime was established to allow time to further develop the full regulatory requirements. This regime required companies and individuals who wished to remain active in the market to apply for an interim licence or product approval within 28 days of the passage of the legislation. The Psychoactive Substances Regulations (the Regulations) will be developed during 2014 and will set out the detail for the regulatory scheme. Following the passage of the Regulations, existing interim licence holders will be required to apply for full licences, and new product applications will need to demonstrate that the manufacturing facility in which products are made is in full compliance with the Code before a licence will be granted. The same requirements will apply to new applications for a licence to manufacture, and all manufacturers will need to show that they comply with the Code at all times. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 1 During the interim regime, a Code of Manufacturing Practice Implementation Plan (the Implementation Plan) is in place for the staged implementation of the manufacturing quality aspects in the Code. It allows manufacturers to progressively develop the documentation that will allow them to move into a fully compliant environment, yet start to provide the assurance around the manufacturing process that the Authority expects. 1.3 Implementation of the Code A summary of the information that currently licenced manufacturers must provide to the Authority, by the specified dates, is outlined in section 2 below. Manufacturers must make available specifications and certificates of analysis following 17 January 2014, with additional requirements by 22 April 2014, 22 April 2015 and 12 months after commencement of the Regulations (eg, requirement to be GMP certified), when implementation of the Code will be complete. The information required from 17 January 2014 is the minimum set of requirements to ensure that there is an adequate level control on the manufacture of psychoactive substances in New Zealand. Non-compliance with these requirements will constitute non-compliance with the Code and will result in the Authority taking regulatory action. The Authority acknowledges that there are a number of areas where manufacturers will need further time to develop/implement new systems (eg, additional information on psychoactive substance manufacture and subsequent characterisation, stability data, or certification of GMP). In these cases, the Authority has given manufacturers additional time to develop the information, and implement any processes required. A diagram outlining the timeframes for submission of required information is given in Figure 1. The key dates are 17 January 2014, 22 April 2014, 22 April 2015, and 12 months after commencement of the Regulations (date to be confirmed during 2014). The specifics of the requirements are outlined in section 2, and are also summarised in Table A1:1 in Appendix 1. Figure 1: Overview of Code of Manufacturing Practice Implementation 2 Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 1.4 Assessment of information The Authority will undertake to assess all information submitted in support of compliance with both the Implementation Plan, and the Code, in a timely manner. The assessment will be in the form of a technical review of the information against the requirements outlined. Data deficiencies or incomplete information will be followed up by the Authority, and, dependant on the extent of the deficiencies, manufacturers may be given the opportunity to provide additional information. If no information is forthcoming, or the Authority is not satisfied that the information provided complies with both the Code and the Implementation Plan, then the manufacturer will be advised of what action the Authority proposes to take. This could include audit of the manufacturing facility and issuing of a compliance notice, which may subsequently affect the status of their licence. The Authority will formally notify manufacturers when compliance with each stage of the Implementation plan and the Code, has been demonstrated. However, manufacturers should note that no changes can be made to the chemistry, composition, manufacture or quality control of any psychoactive substances or products without prior notification from the Authority that the changes do not affect compliance with the Code. 1.5 How to submit your information All manufacturers should submit the required information to the Authority promptly following 17 January, and by the required subsequent dates specified. The information should be compiled together as one complete document, and supported by: a cover letter that clearly identifies the: – manufacturer and manufacturing licence – manufacturing facility – psychoactive substances and products manufactured a table of contents that indexes the information individual pages numbering. If the information is not easily accessible it will be returned to the manufacturer, which may result in the Authority taking regulatory action for non-compliance. Information may be provided to the Authority in hard copy by sending it to: The Manager Psychoactive Substances Regulatory Authority Ministry of Health PO Box 5013 Wellington. Or electronically to: psychoactives@moh.govt.nz Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 3 2 Overview of the Code implementation 2.1 General approach to the information required The Code describes the specific information required to demonstrate that a manufacturer can consistently produce psychoactive products by using: a controlled process ingredients that comply with internationally established standards detailed specifications defined quality standards. 2.2 Overview of initial requirements from 17 January 2014 For each psychoactive substance or product manufactured in the facility The Authority will require: details on what psychoactive substances and products are manufactured in the facility, the dose forms (products only), the number (and dates) of batches produced since commercial production began, the batch sizes, and number of individual units produced (products only) information on the source, quantity and quality of the psychoactive substance in any psychoactive product, presented as certificates of analysis1 agreed specifications (quality tests) that any psychoactive substance and product manufactured must meet before it is released to be sold. 2.3 Overview of additional requirements by 22 April 2014 For the manufacturing facility All manufacturers with an interim licence to manufacture will be required to submit to the Authority a manufacturing quality development plan that sets out how the manufacturer will move to a licensed GMP operating environment within 12 months from commencement of the Regulations. 1 4 A certificate of analysis refers to an authenticated document that is generally issued by Quality Assurance that ascertains that a product has met its stated specifications. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan For each psychoactive substance or product manufactured in the facility The Authority will require: the quantitative formulation of the psychoactive product the dose form of the psychoactive product (eg, tablet, suspension, capsule) detailed information on how the psychoactive product is made, and proof that the process consistently produces a high-quality product proof that the manufacturing facility can test the quality of the psychoactive product accurately validation of the test methods used for both psychoactive substances and psychoactive products manufactured at the facility an outline of stability trials that will be conducted to show the psychoactive product does not degrade. 2.4 Overview of additional requirements by 22 April 2015 For each psychoactive substance or product manufactured in the facility The Authority will require: additional information to demonstrate the full characterisation of the psychoactive substance, including full details of the chemistry, the manufacture and the controls placed on manufacture, and information on the stability of the psychoactive substance additional information on the controls on the quality of the excipients, packaging materials, delivery devices and intermediate products used information to support the ongoing stability of the psychoactive product. For the manufacturing facility An update on the ‘manufacturing quality development plan’ showing how the facility will move to a fully GMP certified environment within 12 months following enactment of the Psychoactive Regulations for all bulk psychoactive substance, psychoactive product, packing, filling and sterilisation sites. 2.5 Overview of additional requirements to be phased in after 22 April 2015 For the manufacturing facility GMP compliance for all psychoactive substance and product manufacturing sites to be in place 12 months after commencement of the Regulations, with appropriate certification provided to the Authority. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 5 Appendix 1: Summary of requirements for implementation of the Code Table A1.1: Summary of data requirements for compliance with the Code and associated implementation timeframes Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Requirements by 22 April 2015 Psychoactive substance Psychoactive substance manufacturer Psychoactive substance manufacturer Psychoactive substance manufacturer 6 Details of each psychoactive substance manufacturing site must be provided, including postal address. Specifications applied by the psychoactive substance manufacturer to the bulk psychoactive substance must be provided. Specifications must cover all relevant quality parameters, including: – identity – physiochemical properties – organoleptic – physical (including crystalline form and particle size distribution, if applicable) – chemical – stereochemical – microbiological quality parameters. A justification must be provided for nonpharmacopoeial tests, test procedures, requirements and limits. If certain tests are not carried out routinely, a justification must be provided. Satisfactory representative batch analytical data must be supplied for typical batches of bulk active substance, preferably as certificates of analysis. Note that any certificates of analysis submitted must have been signed. All test methods must be shown to have been validated. All assay and related product/degradation product and residual solvent impurity-level tests must have been validated (as appropriate) for specificity/selectivity, limit of detection, limit of quantitation, accuracy, precision, repeatability, linearity, stability of solutions, and robustness/ruggedness. Proof must be provided that the related substance assay procedure is adequate to detect and control all the related substance impurities actually or potentially present in the bulk substance produced using the intended manufacturing process. Any ‘house’ reference standard(s) used in the testing must be characterised and the suitability of use demonstrated by the provision of analytical data. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015, excepting that evidence of GMP will be required for all sites that manufacture psychoactive products 12 months after commencement of the Regulations. The most significant requirement will be that a drug master file (DMF) or a certificate of suitability to the monographs of the European Pharmacopeia (CEP), issued by the European Directorate for the Quality of Medicines, must be submitted for each supplier of bulk psychoactive substance. Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Requirements by 22 April 2015 Psychoactive substance (continued) Psychoactive product manufacturer Psychoactive product manufacturer Psychoactive product manufacturer Details on what psychoactive substances are manufactured in the facility, the number (and dates) of batches produced since commercial production began and, the batch sizes, and number of individual units produced. Copies of the ‘in-house’ or pharmacopoeial specifications applied by the psychoactive product manufacturer to the bulk psychoactive substance must be provided. Specifications must cover all relevant quality parameters, including: – identity – physiochemical properties – organoleptic – physical (including crystalline form and particle size distribution, if applicable) – chemical – stereochemical – microbiological quality parameters. A justification must be provided for non-pharmacopoeial tests, test procedures, requirements and limits. If certain tests are not carried out routinely, a justification must be provided. If the psychoactive product manufacturer does not carry out all tests, or uses different test procedures, requirements and limits to those on the specification from the psychoactive substance manufacturer, a justification must be provided. Satisfactory representative batch analytical data generated by the psychoactive product manufacturer(s) must have been supplied for typical batches of bulk active substance from each supplier, preferably as certificates of analysis. Note: any certificates of analysis submitted must have been signed. Specified limits for all tests on the specifications must be adequately justified and supported by batch analysis data. All test methods must be shown to have been validated. All assay and related product/degradation product and residual solvent impurity-level tests must have been shown to be validated (as appropriate) for specificity/selectivity, limit of detection, limit of quantitation, accuracy, precision, repeatability, linearity, stability of solutions, and robustness/ ruggedness. Proof must be provided that the related substance assay procedure is adequate to detect and control all of the related substance impurities actually or potentially present in the bulk psychoactive substance produced using the intended manufacturing process. Any ‘house’ reference standard(s) used in the testing must be characterised and the suitability of use demonstrated by the provision of analytical data. Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 7 Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Requirements by 22 April 2015 Psychoactive product Psychoactive product testing Composition 8 Details on what psychoactive products are manufactured in the facility, the dose forms, the number (and dates) of batches produced since commercial production began, the batch sizes, and number of individual units produced. Details of each psychoactive product manufacturing site (including every packing, filling and sterilisations site) must be provided, including the postal address. Copies of the pharmacopoeial or ‘in-house’ specifications applied by the psychoactive product manufacturer to the psychoactive product must be provided. Specifications must cover all relevant quality parameters, including those appropriate for the relevant dose form and mode of dose delivery, including: – identity – physiochemical properties – organoleptic – physical (including crystalline form and particle size distribution, if applicable) – chemical – stereochemical – dissolution – microbiological quality parameters. If applicable, any non-pharmacopoeial test procedures used as replacements for, or in addition to, used as replacements for, or in addition to, those specified for a product otherwise controlled to a pharmacopoeial monograph must be appropriate and adequately justified. Documentation must be available to demonstrate that the identity and quality of the psychoactive product are adequately controlled at release by appropriate pharmacopoeial or ‘in-house’ psychoactive product specifications that cover all the necessary organoleptic, physical, dissolution, chemical, microbiological and dose delivery parameters relevant to the dose form. Full quantitative formulation details of the ingredients in the product, including both the active and non-active constituents (excipients), must be provided. The quality standards applied to the ingredients must be stated and defined (eg, pharmacopoeial or ‘in-house’ standards). Manufacture Full details of the manufacturing process must be supplied, including: – batch size(s) – batch formulation (including details of any overages) – a detailed description of the manufacturing process, including any sterilisation steps and hold stages – details of the packaging materials and filling/ packaging processes – in-process controls and critical stages, including acceptance criteria for each step in the process (note: controls applied during the manufacturing and packaging processes need to be defined, appropriate and adequate to assure ongoing product quality). All test procedures must be shown to be selfvalidating or evidence provided to demonstrate they have been adequately tested in accordance with pharmacopoeial or ICH requirements. Evidence of validation, in the form of analytical validation reports, must be provided. The method validation must have been generated on psychoactive product for the final market formulation(s) manufactured at least at pilot scale at each of the testing sites. Results for each test on the specifications must be reported, and any results that do not meet the specifications must be adequately justified. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015, excepting that evidence of GMP will be required for all sites that manufacture psychoactive products 12 months after commencement of the Regulations. Aspect of manufacture Requirements available from 17 January 2014 Psychoactive product (continued) The documentation should detail two batches of the final market formulation(s) of the psychoactive product, manufactured at least at pilot scale (a minimum of 10% of proposed full-scale manufacture), at each of the proposed manufacturing sites must be provided. Results must be included for each specified test, and all the reported test results must comply with the specifications. If not, an adequate explanation or justification must be provided. Please note: the Authority would prefer the documentation to be in the form of certificates of analysis; however, analytical testing from an acceptably accredited laboratory will be accepted. Certificates of analysis submitted must be signed to be accepted. Control of excipients No requirements. Requirements by 22 April 2014 Requirements by 22 April 2015 Details of the excipients used in psychoactive products must be provided as part of the manufacturing requirements, but no quality control measures are required. Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. The most significant data requirements are listed below. The identity and quality of all excipients (including capsule shells and their constituents) must be controlled by either pharmacopoeial or appropriate ‘in-house’ specifications must be provided. Any non-pharmacopoeial specifications must be appropriate to control the identity and the physical, chemical and microbiological quality of the material adequately. Adequate measures must be taken to ensure that any ingredients of animal origin (eg, gelatin, magnesium stearate, calcium stearate, stearic acid) used in the product are free from TSE contamination in accordance with European Community and United States guidelines (see additional information in Appendix 1). Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 9 Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Requirements by 22 April 2015 Control of excipients (continued) Control of packaging No requirements. A description of the packaging materials must be provided as part of the manufacturing requirements, but no quality control measures are required. Control of delivery devices No requirements. A description of the delivery device must be provided as part of the filling/packaging aspects of the manufacturing process, but no quality control measures are required. 10 Psychoactive Substances: Code of Manufacturing Practice – Implementation plan Satisfactory representative batch analytical data must be provided for any excipients controlled by non-pharmacopoeial specifications. Any certificates of analysis submitted must have been signed. Any colouring agents must be compliant with those accepted for use (see additional information in Code of Manufacturing Practice). Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. The most significant data requirements are listed below. Any plastic or rubber packaging/closure materials in contact with the product must be free from any leachable toxic impurities and must comply with European Pharmacopeia (Ph Eur) and United States Pharmacopeia and National Formulary (USP) requirements for polymeric materials used in packaging. Satisfactory representative batch analytical data must be provided for any primary packaging materials, containers and closures in contact with the product. Any certificates of analysis submitted must have been signed. Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. The most significant data requirements are listed below. Any delivery device(s) supplied with the product must be clearly defined, suitable for pharmaceutical use and adequately controlled for identity, dimensions, physical and chemical properties, manufacturing defects, sterility, and dose delivery, as applicable. Where a novel delivery device is proposed (eg, an electronic vaporiser), the application must contain information supporting the use of the device, including information validating the testing system used to demonstrate the effectiveness and safety of the delivery device. Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Requirements by 22 April 2015 Control of intermediates No requirements. No quality control measures required. Stability No requirements. A stability protocol developed in line with ICH guidelines must be provided. The protocol must outline the stability trials to be undertaken to demonstrate the ongoing quality of the psychoactive product. Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. The most significant data requirements are listed below. If there is an intermediate product, it must controlled by separate appropriate specifications that adequately control all relevant parameters. Satisfactory representative batch analytical data must be provided. Any certificates of analysis submitted must have been signed. Full compliance with the relevant sections of the Code of Manufacturing Practice by 22 April 2015. The most significant data requirements are listed below. At least six months’ data demonstrating stability under real-time storage conditions, and three months’ data under accelerated storage conditions will need to be provided. The stability data submitted must have been produced in accordance with ICH guidelines and adequately establish that the bulk active substance packaged in the intended storage container and stored under the prescribed storage conditions will remain within specifications for the whole of the claimed shelf life or retest period. The stability of the market formulations of the psychoactive product (or formulations that may reasonably be expected to have the same stability) packaged as intended for marketing must have been tested in accordance with ICH guidelines (including the ICH requirements for the number and sizes of batches used) unless otherwise justified. Preferably, more than one batch of active substance should have been used in the manufacture of the stability batches. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 11 Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Stability (continued) Requirements by 22 April 2015 12 Psychoactive Substances: Code of Manufacturing Practice – Implementation plan The stability trial protocol, packaging, packaging orientation (if relevant), storage conditions and test procedures must be described in detail. All of the stabilityindicating organoleptic, physical, chemical and microbiological quality parameters relevant to the dose form and type of packaging must have been included in the testing schedule and have been monitored using appropriate, clearly defined, validated (in the testing laboratory used for the stability samples), stability-indicating test procedures. Any changes in test procedures during the stability trials must be justified and the results correlated. At least 12 months’ data for storage under the recommended storage conditions must be available and must be submitted with the application (unless otherwise justified). The stability data should be updated before submission. Wherever relevant, results should be expressed quantitatively rather than as ‘complies’ or ‘passes test’. Any lack of mass balance between assays and degradation products must be explained or discussed. If relevant, preservative levels or effectiveness must be monitored. The results (and allowing for extrapolation within reasonable limits) must adequately support the proposed shelf life under the recommended storage conditions (otherwise a shorter shelf life may be granted until adequate stability data can be provided to support the proposed shelf life). If relevant, the stability of the product after first opening, reconstitution or dilution (as applicable) must have been investigated and shown to be adequate for the intended use of the product. Aspect of manufacture Requirements available from 17 January 2014 Requirements by 22 April 2014 Stability (continued) GMP Requirements by 22 April 2015 No requirements. Provision of a ‘manufacturing quality development plan’ setting out how the manufacturer proposes to move to a licensed GMP operating environment must be provided within the time period stipulated. If relevant, adequate storage instructions and time limits for use of the product after first opening or reconstitution or dilution must be stated on the draft product label, and in any package insert. An update on the ‘manufacturing quality development plan’ showing how the facility will move to a fully GMP certified environment within 12 months following enactment of the Psychoactive Regulations for all bulk psychoactive substance, psychoactive product, packing, filling and sterilisation sites. Note: Acceptable evidence of GMP must be provided within 12 months following enactment of the Psychoactive Regulations for all bulk psychoactive substance, psychoactive product, packing, filling and sterilisation sites. Psychoactive Substances: Code of Manufacturing Practice – Implementation plan 13