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21 U.S.C. § 360bbb–7Notification

submitted 88 years ago by Pub. L. 112-144 to r/title-21-FOOD-AND-DRUGS · 252 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FDA can require certain drug companies to notify the Secretary when they learn their drug might seriously injure or kill someone, has been significantly lost or stolen, or has been counterfeited and is in or entering U.S. commerce. The rule covers registered drug facilities, wholesale distributors, and most other distributors, but not pure retail sellers.

(a) Notification to Secretary For a given drug, the Secretary can require a "regulated person" to notify the Secretary whenever that person knows: (1) using the drug in the United States could cause serious injury or death; (2) a significant amount of the drug meant for U.S. use has been lost or is known to have been stolen; or (3) (A) the drug has been or is being counterfeited, and (B) either (i) the counterfeit version is already in U.S. commerce or could reasonably be expected to get there, or (ii) the real drug has been or is being imported into the United States, or could reasonably be expected to be offered for import. (b) Manner of notification The Secretary decides, by regulation or guidance, exactly how and in what form this notification must be made. (c) Savings clause This section doesn't limit any other authority the Secretary already has to require drug-related notifications under other parts of this chapter or the Public Health Service Act. (d) Definition A "regulated person" is (1) anyone required to register under section 360 or 381(s) of this title; (2) a wholesale distributor of a drug product; or (3) any other drug distributor — except one that distributes exclusively for retail sale.
the actual law source: uscode.house.gov ↗public domain
(a) Notification to Secretary

With respect to a drug, the Secretary may require notification to the Secretary by a regulated person if the regulated person knows—

(1)

that the use of such drug in the United States may result in serious injury or death;

(2)

of a significant loss or known theft of such drug intended for use in the United States; or

(3)

that—

(A)

such drug has been or is being counterfeited; and

(B)
(i)

the counterfeit product is in commerce in the United States or could be reasonably expected to be introduced into commerce in the United States; or

(ii)

such drug has been or is being imported into the United States or may reasonably be expected to be offered for import into the United States.

(b) Manner of notification

Notification under this section shall be made in such manner and by such means as the Secretary may specify by regulation or guidance.

(c) Savings clause

Nothing in this section shall be construed as limiting any other authority of the Secretary to require notifications related to a drug under any other provision of this chapter or the Public Health Service Act [42 U.S.C. 201 et seq.].

(d) Definition

In this section, the term “regulated person” means—

(1)

a person who is required to register under section 360 or 381(s) of this title;

(2)

a wholesale distributor of a drug product; or

(3)

any other person that distributes drugs except a person that distributes drugs exclusively for retail sale.

Source credit: (June 25, 1938, ch. 675, § 568, as added Pub. L. 112–144, title VII, § 715(b), July 9, 2012, 126 Stat. 1075.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 112-144 · 126 Stat. 1075

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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