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FDA and Industry Procedures for Section 513(g) Requests for Information under the Federal Food, Drug, and Cosmetic Act: Guidance for Industry and Food and Drug Administration Staff

FinalCenter for Biologics Evaluation and Research Center for Devices and Radiological Health08/23/2024

Description

The purpose of this guidance is to establish procedures for submitting, reviewing, and responding to requests for information regarding the class in which a device has been classified or the requirements applicable to a device under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) that are submitted in accordance with section 513(g) of the FD&C Act. This guidance was updated to provide information regarding the voluntary submission of 513(g) Requests through the electronic Submission Template And Resource (eSTAR).

Scope & Applicability

Product Classes

10
Class I Device

Low risk medical devices

Class II Device

Devices subject to section 522 postmarket surveillance orders; devices subject to postmarket surveillance orders

Class III Device

Generally recommended for Enhanced Documentation; Regulatory classification mentioned for implantable sensors and HPV tests; Mentioned in the context of an in vitro nucleic acid test for CMV DNA.

Combination Product

Products combining drug, device, or biological constituents; Generally recommended for Enhanced Documentation; Requires 14971-based framework incorporating ICH Q9; A drug-device combination where the device constituent part detects ingestion.

Radiation-emitting products

Products subject to additional FDA requirements

unclassified pre-amendments device

appears to be an unclassified pre-amendments device type

post-amendments device

appears to be a post-amendments device type that has not yet been reclassified

Class I

General manual surgical instruments exempt from 510(k)

Class II

The devices that are the subject of this guidance are Class II non-spinal metallic bone screws and washers

Class III

Class III subject to the 510(k) or PMA requirements

Stakeholders

1
Requester

Sponsor or applicant requesting a formal meeting.; The party submitting the meeting request; The entity responsible for submitting the meeting package and attending the meeting.

Related CFR Sections (3)

See Also (8)

FDA and Industry Procedures for Section 513(g) Requests for Information under the Federal Food, Drug, and Cosmetic Act: Guidance for Industry and Food and Drug Administration Staff | Guideline Explorer | BioRegHub