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Submitting Debarment Certification Statements

DraftCenter for Drug Evaluation and Research Center for Biologics Evaluation and Research Center for Veterinary Medicine10/02/1998

Description

Section 306(k) of the Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. 335a(k)), as amended by the Generic Drug Enforcement Act of 1992 (GDEA), requires that drug product applicants certify that they did not and will not use in any capacity the services of any debarred persons in connection with a drug product application. If the application is an abbreviated new drug application (ANDA), it must also include a list of all convictions described under section 306(a) and (b) of the Act (21 U.S.C. 335a(a) and (b)) that occurred within the previous 5 years and were committed by the applicant or affiliated persons responsible for the development or submission of the ANDA.

Scope & Applicability

Product Classes

3
OTC Monograph Drugs

manufacturers of OTC monograph drugs making such a formulation change

Investigational Drugs

Subject of expanded access submissions.

Finished dosage form

Manufacturing, processing, or testing of the finished dosage form.

Stakeholders

9
Domestic Agent

Representative who must countersign for foreign applicants

Debarred Person

Individuals or entities prohibited from providing services to drug applicants

contract research organizations

Guidance provides recommendations to CROs

Clinical investigators

Source of safety information in clinical trials

affiliated persons

persons responsible for development or submission of ANDA

CGMP record keepers

Persons who develop and record CGMP data related to manufacturing, processing, or testing.

Commercial manufacturing facility workers

Persons involved in the development or submission of records used to obtain approval.

Affiliated person

Definition includes persons recording and generating data for DMFs or PMFs.

Responsible officer

Individual responsible for signing the certification and/or conviction information.

Related CFR Sections (4)

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See Also (8)

Submitting Debarment Certification Statements | Guideline Explorer | BioRegHub