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42 U.S.C. § 300aa–28Manufacturer recordkeeping and reporting

submitted 82 years ago by Pub. L. 99-660 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 382 words · no verdicts yet

in plain englishAI-generated · not legal advice

Vaccine manufacturers must keep detailed production records for every batch made after 1987. If a safety test shows a possible major health hazard, the manufacturer must report it to the Secretary within 24 hours. Destroying or faking these records is a crime with heavy fines or prison time.

(a) General rule: Every manufacturer of a vaccine listed in the Vaccine Injury Table — or of any other vaccine a state requires by law — must, for each batch or lot made or licensed after December 22, 1987: (1) keep records showing the full manufacturing, processing, testing, repooling, and reworking history of that batch, including any major problems found while making, testing, or handling it; (2) if a safety test suggests the batch could pose an immediate or serious public health danger, report this to the Secretary within 24 hours of the test — including the test date, vaccine type, batch identity, whether the batch came from repooling or reworking earlier batches (and if so, which ones), the full test results, and who ran the test; (3) attach to each such report a signed certification from a responsible company official that the report is true and complete; and (4) keep, and give the Secretary on request, records showing where each batch was distributed. (b) Sanction: A manufacturer that intentionally destroys, changes, fakes, or hides a record or report required by (a)(1) or (a)(2) faces: (1) a civil penalty of up to $100,000 per violation, or (2) a fine of $50,000, up to 1 year in prison, or both. This penalty applies to the person who did the destroying, changing, faking, or hiding; to the person who ordered it done; and to the manufacturer that person works for. Each act of destroying, changing, faking, or hiding a record counts as a separate violation.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Each vaccine manufacturer of a vaccine set forth in the Vaccine Injury Table or any other vaccine the administration of which is mandated by the law or regulations of any State, shall, with respect to each batch, lot, or other quantity manufactured or licensed after December 22, 1987—

(1)

prepare and maintain records documenting the history of the manufacturing, processing, testing, repooling, and reworking of each batch, lot, or other quantity of such vaccine, including the identification of any significant problems encountered in the production, testing, or handling of such batch, lot, or other quantity,

(2)

if a safety test on such batch, lot, or other quantity indicates a potential imminent or substantial public health hazard is presented, report to the Secretary within 24 hours of such safety test which the manufacturer (or manufacturer’s representative) conducted, including the date of the test, the type of vaccine tested, the identity of the batch, lot, or other quantity tested, whether the batch, lot, or other quantity tested is the product of repooling or reworking of previous batches, lots, or other quantities (and, if so, the identity of the previous batches, lots, or other quantities which were repooled or reworked), the complete test results, and the name and address of the person responsible for conducting the test,

(3)

include with each such report a certification signed by a responsible corporate official that such report is true and complete, and

(4)

prepare, maintain, and upon request submit to the Secretary product distribution records for each such vaccine by batch, lot, or other quantity number.

(b) Sanction

Any vaccine manufacturer who intentionally destroys, alters, falsifies, or conceals any record or report required under paragraph (1) or (2) of subsection (a) shall—

(1)

be subject to a civil penalty of up to $100,000 per occurrence, or

(2)

be fined $50,000 or imprisoned for not more than 1 year, or both.

Such penalty shall apply to the person who intentionally destroyed, altered, falsified, or concealed such record or report, to the person who directed that such record or report be destroyed, altered, falsified, or concealed, and to the vaccine manufacturer for which such person is an agent, employee, or representative. Each act of destruction, alteration, falsification, or concealment shall be treated as a separate occurrence.

Source credit: (July 1, 1944, ch. 373, title XXI, § 2128, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3777; amended Pub. L. 100–203, title IV, § 4302(b)(1), Dec. 22, 1987, 101 Stat. 1330–221.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-660 · 100 Stat. 3777
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-660 on 1944-07-01.

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