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30-Day Notices, 135-Day Premarket Approval (PMA) Supplements and 75-Day Humanitarian Device Exemption (HDE) Supplements for Manufacturing Method or Process Changes: Guidance for Industry and FDA Staff

FinalCenter for Biologics Evaluation and Research Center for Devices and Radiological Health12/16/2019

Description

Section 515(d)(6)(A) of the Federal Food, Drug, and Cosmetic Act (the Act) provides that PMA supplements are required for any change to a device subject to an approved application that affects safety or effectiveness, unless such change is a modification in a manufacturing procedure or method of manufacturing. 21 U.S.C. 360e(d)(6)(A). The Act states that changes in manufacturing procedures or method of manufacturing that affect safety or effectiveness require a 30-day notice. Where FDA finds such notice inadequate, FDA will inform the applicant that a 135-day PMA supplement or 75-day HDE supplement must be submitted. 21 CFR 814.39(f), 814.108. The purpose of this document is to provide guidance on the changes FDA believes may qualify for the 30-day notice and the changes that generally do not qualify.

Scope & Applicability

Product Classes

2
Class III Devices

Devices affected by ethylene oxide sterilization facility changes

HUD

Humanitarian Use Device

Stakeholders

5
PMA holders

Holders of Premarket Approval for Class III devices

Contract Manufacturer

External entity responsible for manufacturing activities

HDE holders

Holders of Humanitarian Device Exemption

Supplier

Facility supplying raw materials or ingredients; Facility providing raw materials to a manufacturer

PMA Holder

Entity responsible for submitting supplements for approved devices

Regulatory Context

Attributes

3
Safety and effectiveness

Level demonstrated for the cleared device; Core regulatory standard for assay performance

User Fee

Fees required for the review of certain premarket submissions.

Safety or Effectiveness

The primary criteria for assessing the impact of other functions on the device function-under-review.; The standard that must not be significantly affected by kit processing

Related CFR Sections (4)

  • 21CFR814.39§ 814.39 PMA supplements.

    (a) After FDA's approval of a PMA, an applicant shall submit a PMA supplement for review and approval by FDA before making a change affecting the safety or effectiveness of the device for which the applicant has an approved PMA, unless the change is of a type for which FDA, under paragraph (e) of thRead full regulation →

  • 21CFR814.108§ 814.108 Supplemental applications.

    After FDA approval of an original HDE, an applicant shall submit supplements in accordance with the requirements for PMA's under § 814.39 , except that a request for a new indication for use of a HUD shall comply with requirements set forth in § 814.110 . The timeframes for review of, and FDA actionRead full regulation →

  • 21CFR814.110§ 814.110 New indications for use.

    (a) An applicant seeking a new indication for use of a HUD approved under this subpart H shall obtain a new designation of HUD status in accordance with § 814.102 and shall submit an original HDE in accordance with § 814.104 .Read full regulation →

  • 21CFR820.3§ 820.3 Definitions.

    The definitions in ISO 13485 and in Clause 3 of ISO 9000 (incorporated by reference, see § 820.7 ) apply to this part, except as specified in paragraph (b) of this section, and do not affect the meaning of similar terms defined in this title.Read full regulation →

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See Also (8)