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21 U.S.C. § 384eRecognition of foreign government inspections

submitted 88 years ago by Pub. L. 112-144 to r/title-21-FOOD-AND-DRUGS · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary make agreements with foreign governments to recognize their drug facility inspections, once the Secretary confirms those governments can inspect properly. Results from those foreign inspections count as evidence of compliance, and the Secretary must review and report on this periodically.

(a) Inspection. The Secretary: (1) may make arrangements or agreements with a foreign government or its agency to recognize that government's inspections of foreign drug facilities registered under section 360(i), to help with pre-approval or risk-based inspections on the schedule set in section 360(h); (2) can only make such an agreement with a foreign government the Secretary has determined is capable of running inspections that meet this chapter's requirements; and (3) must review and audit that foreign government's drug-safety programs, systems, and standards as needed to confirm it's capable of meeting this chapter's requirements. (b) Results of inspection. The results of a foreign government's inspection under this section can be used as: (1) evidence that a drug complies with section 351(a)(2)(B) or 381(r); and (2) for any other purpose the Secretary decides is appropriate. (c) Periodic review. (1) Starting no later than 1 year after December 29, 2022, the Secretary must periodically check whether more of these arrangements or agreements with foreign governments should be made. (2) Starting no later than 4 years after December 29, 2022, and every 4 years after that, the Secretary must report to the House Energy and Commerce Committee and the Senate Health, Education, Labor, and Pensions Committee on the findings of each review.
the actual law source: uscode.house.gov ↗public domain
(a) Inspection

The Secretary

(1)

may enter into arrangements and agreements with a foreign government or an agency of a foreign government to recognize the inspection of foreign establishments registered under section 360(i) of this title in order to facilitate preapproval or risk-based inspections in accordance with the schedule established in paragraph (2) or (3) of section 360(h) of this title;

(2)

may enter into arrangements and agreements with a foreign government or an agency of a foreign government under this section only with a foreign government or an agency of a foreign government that the Secretary has determined as having the capability of conducting inspections that meet the applicable requirements of this chapter; and

(3)

shall perform such reviews and audits of drug safety programs, systems, and standards of a foreign government or agency for the foreign government as the Secretary deems necessary to determine that the foreign government or agency of the foreign government is capable of conducting inspections that meet the applicable requirements of this chapter.

(b) Results of inspection

The results of inspections performed by a foreign government or an agency of a foreign government under this section may be used as—

(1)

evidence of compliance with section 351(a)(2)(B) of this title or section 381(r) of this title; and

(2)

for any other purposes as determined appropriate by the Secretary.

(c) Periodic review
(1) In general

Beginning not later than 1 year after December 29, 2022, the Secretary shall periodically assess whether additional arrangements and agreements with a foreign government or an agency of a foreign government, as allowed under this section, are appropriate.

(2) Reports to Congress

Beginning not later than 4 years after December 29, 2022, and every 4 years thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the findings and conclusions of each review conducted under paragraph (1).

Source credit: (June 25, 1938, ch. 675, § 809, as added Pub. L. 112–144, title VII, § 712, July 9, 2012, 126 Stat. 1072; amended Pub. L. 114–255, div. A, title III, § 3101(a)(2)(X), Dec. 13, 2016, 130 Stat. 1156; Pub. L. 115–52, title VII, § 701(b), Aug. 18, 2017, 131 Stat. 1055; Pub. L. 117–328, div. FF, title III, § 3613(c), Dec. 29, 2022, 136 Stat. 5872.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 112-144 · 126 Stat. 1072
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1156
  • 2017Amended · Pub. L. 115-52 · 131 Stat. 1055
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5872

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-144 on 1938-06-25.

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