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
3manufacturers of OTC monograph drugs making such a formulation change
Subject of expanded access submissions.
Manufacturing, processing, or testing of the finished dosage form.
Stakeholders
9Representative who must countersign for foreign applicants
Individuals or entities prohibited from providing services to drug applicants
Guidance provides recommendations to CROs
Source of safety information in clinical trials
persons responsible for development or submission of ANDA
Persons who develop and record CGMP data related to manufacturing, processing, or testing.
Persons involved in the development or submission of records used to obtain approval.
Definition includes persons recording and generating data for DMFs or PMFs.
Individual responsible for signing the certification and/or conviction information.
Related CFR Sections (4)
- 21CFR314.50§ 314.50 Content and format of an NDA.
NDAs and supplements to approved NDAs are required to be submitted in the form and contain the information, as appropriate for the particular submission, required under this section. Three copies of the NDA are required: An archival copy, a review copy, and a field copy. An NDA for a new chemical enRead full regulation →
- 21CFR312.40§ 312.40 General requirements for use of an investigational new drug in a clinical investigation.
(a) An investigational new drug may be used in a clinical investigation if the following conditions are met:Read full regulation →
- 21CFR511.1§ 511.1 New animal drugs for investigational use exempt from section 512(a) of the Federal Food, Drug, and Cosmetic Act.
(a) New animal drugs for tests in vitro and in laboratory research animals.Read full regulation →
- 21CFR314.60§ 314.60 Amendments to an unapproved NDA, supplement, or resubmission.
(a) Submission of NDA. FDA generally assumes that when an original NDA, supplement to an approved NDA, or resubmission of an NDA or supplement is submitted to the Agency for review, the applicant believes that the Agency can approve the NDA, supplement, or resubmission as submitted. However, the appRead full regulation →
Related Warning Letters (6)
- 2025-09-30
Clinical Investigator (Sponsor)
Pamela K. Den Besten, DDS, MS
- 2025-06-10
Clinical Investigator (Sponsor)
American Behavioral Research Institute, LLC
- 2025-02-11
Clinical Investigator
ISOThrive, Inc.
- 2022-11-29
Clinical Investigator (Sponsor)
"David M. Lubeck, M.D./Arbor Centers for EyeCare
- 2021-10-12
Bioresearch Monitoring Program/IRB
RAAS Nutritionals, LLC/Rare Antibody Antigen Supply, Inc.
- 2021-09-07
Bioresearch Monitoring Program
Kaleido Biosciences, Inc.
See Also (8)
- Field Alert Report Submission: Questions and Answers Guidance for Industry: Guidance for Industry (Status: Final)
- Providing Regulatory Submissions in Electronic Format--Receipt Date: Guidance for Industry (Status: Final)
- Expanded Access to Investigational Drugs for Treatment Use: Questions and Answers (Status: Final)
- Preparation of Investigational New Drug Products (Human and Animal): Guidance for Industry (Status: Final)
- CVM GFI #217 Evaluating the Effectiveness of Anticoccidial Drugs in Food-Producing Animals (Status: Final)
- Clinical Investigator Administrative Actions - Disqualification: Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors (Status: Final)
- CVM GFI #61 Special Considerations, Incentives, and Programs to Support the Approval of New Animal Drugs for Minor Uses and for Minor Species (Status: Final)
- CVM GFI #251 - Heritable Intentional Genomic Alterations in Animals of Food-Producing Species for Use as Models of Disease (Status: Draft)