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
2Devices affected by ethylene oxide sterilization facility changes
Humanitarian Use Device
Stakeholders
5Holders of Premarket Approval for Class III devices
External entity responsible for manufacturing activities
Holders of Humanitarian Device Exemption
Facility supplying raw materials or ingredients; Facility providing raw materials to a manufacturer
Entity responsible for submitting supplements for approved devices
Regulatory Context
Attributes
3Level demonstrated for the cleared device; Core regulatory standard for assay performance
Fees required for the review of certain premarket submissions.
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 →
Related Warning Letters (10)
- 2025-12-09
CGMP/QSR/Medical Devices/Adulterated
Envoy Medical Inc.
- 2025-11-25
CGMP/QSR/Medical Devices/Adulterated
Hong Qiangxing Shenzhen Electronics Limited
- 2025-10-28
CGMP/QSR/Medical Devices/Adulterated
Contec Medical Systems Co., Ltd.
- 2025-10-28
CGMP/QSR/Medical Devices/Adulterated/Misbranded
Royal Philips
- 2025-10-28
CGMP/QSR/Medical Devices/Adulterated/Misbranded
Qianjiang Kingphar Medical Material Co Ltd.
- 2025-10-21
CGMP/QSR/Medical Devices/Adulterated
LEVO AG
- 2025-10-07
CGMP/QSR/Medical Devices/Adulterated
Technological Medical Advancements LLC
- 2025-09-23
Medical Device/Adulterated/Misbranded/Lacks PMA and/or 510(k)
The Richline Group, Inc.
- 2025-09-16
Investigational Device Exemptions (IDE)/Premarket Approval Application (PMA) Adulterated Device
SeniorLife Technologies, Inc.
- 2025-08-26
CGMP/QSR/Medical Devices/Adulterated
Miach Orthopaedics
See Also (8)
- Modifications to Devices Subject to Premarket Approval (PMA) - The PMA Supplement Decision-Making Process: Guidance for Industry and FDA Staff (Status: Final)
- Manufacturing Site Change Supplements: Content and Submission: Guidance for Industry and Food and Drug Administration Staff (Status: Final)
- Fostering Medical Device Improvement: FDA Activities and Engagement with the Voluntary Improvement Program: Guidance for Industry and Food and Drug Administration Staff (Status: Final)
- Transitional Enforcement Policy for Ethylene Oxide Sterilization Facility Changes for Class III Devices: Guidance for Industry and Food and Drug Administration Staff (Status: Final)
- Pyrogen and Endotoxins Testing: Questions and Answers (Status: Final)
- Providing Information about Pediatric Uses of Medical Devices: Guidance for Industry and FDA Staff (Status: Final)
- User Fees and Refunds for Premarket Approval Applications and Device Biologics License Applications: Guidance for Industry and Food and Drug Administration Staff (Status: Final)
- Computer Software Assurance for Production and Quality System Software: Guidance for Industry and Food and Drug Administration Staff (Status: Final)