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User Fee Waivers, Reductions, and Refunds for Drug and Biological Products

FinalCenter for Drug Evaluation and Research Center for Biologics Evaluation and Research09/27/2011

Description

This guidance provides recommendations to applicants regarding requests for waivers, refunds, and reductions of user fees assessed under sections 735 and 736 of the Federal Food, Drug, and Cosmetic Act (the Act) for drugs, including biological drug products. This guidance is a revision of the draft guidance entitled Draft Interim Guidance Document for Waivers of and Reductions in User Fees (1993 interim guidance), issued July 16, 1993.

Scope & Applicability

Product Classes

5
Biological Product

Regulated under section 351(i) of the PHS Act; Virus, therapeutic serum, toxin, vaccine, or protein applicable to prevention or treatment; Alternative regulation category for products meeting device definition

Orphan Designated Products

Exemptions for orphan drugs

Prescription drug product

The term final dosage form means, with respect to a prescription drug product...

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.

Orphan Drug

A drug intended for use in a rare disease or condition

Stakeholders

8
Applicant

Entity submitting development data and knowledge; Entity performing the work process for change

Deputy Commissioner

Authorized to reject a gift; such a decision is final.

CDER Associate Director for Policy

Receives copies of requests for appeal and comments on burden estimates.

User Fee Appeals Officer

FDA official in the Office of the Chief Scientist for final user fee reviews

Center Director

Authorized to reject a gift; such a decision is final.

Associate Director for Policy

Reviews and grants/denies user fee waivers for CDER

Small Business

Target audience for the compliance guide

Affiliate

An entity whose sales must be included in the calculation if it is related to the facility.; Facility that controls, is controlled by, or is under common control with another facility

Regulatory Context

Attributes

5
Orphan designation

Status that does not exempt a drug from pediatric investigation requirements under certain conditions.

clinical data

required for full application fee assessment

Fast track status

Has the drug product been granted fast track status.

Total Annual Revenue

Objective measure of resources available to the applicant

Limited Financial Resources

Indicator of whether user fees are a barrier to innovation

Related CFR Sections (1)

See Also (8)