Title 21Food and DrugsRelease 119-73

§355e Pharmaceutical security

Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER V— - DRUGS AND DEVICES › Part Part A— - Drugs and Devices › § 355e

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create rules and pick proven technologies to protect the drug supply from fake, stolen, weak, poor-quality, contaminated, wrongly labeled, or expired medicines. The Secretary must work with drug makers, distributors, pharmacies, other supply chain groups, and federal agencies to set standards for how to identify, verify, and track prescription drugs. Not later than 30 months after September 27, 2007, the Secretary must create a standard numeric ID to be put on each package or pallet when drugs are made or repackaged, linked back to the maker’s ID and aligned with international standards when possible. The standards should cover technologies like RFID, nanotech, encryption, and other tracking or verification tools. The Secretary must also strengthen FDA enforcement staff and facilities, work with federal and state partners on joint enforcement, and build regional capacity to test and inspect drugs and the drug supply chain, including biological products and active pharmaceutical ingredients from U.S. and foreign sources. Prescription drug = a drug covered by section 353(b)(1) of this title.

Full Legal Text

Title 21, §355e

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary shall develop standards and identify and validate effective technologies for the purpose of securing the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs.
(b)(1)The Secretary shall, in consultation with the agencies specified in paragraph (4), manufacturers, distributors, pharmacies, and other supply chain stakeholders, prioritize and develop standards for the identification, validation, authentication, and tracking and tracing of prescription drugs.
(2)Not later than 30 months after September 27, 2007, the Secretary shall develop a standardized numerical identifier (which, to the extent practicable, shall be harmonized with international consensus standards for such an identifier) to be applied to a prescription drug at the point of manufacturing and repackaging (in which case the numerical identifier shall be linked to the numerical identifier applied at the point of manufacturing) at the package or pallet level, sufficient to facilitate the identification, validation, authentication, and tracking and tracing of the prescription drug.
(3)The standards developed under this subsection shall address promising technologies, which may include—
(A)radio frequency identification technology;
(B)nanotechnology;
(C)encryption technologies; and
(D)other track-and-trace or authentication technologies.
(4)In carrying out this subsection, the Secretary shall consult with Federal health and security agencies, including—
(A)the Department of Justice;
(B)the Department of Homeland Security;
(C)the Department of Commerce; and
(D)other appropriate Federal and State agencies.
(c)(1)The Secretary shall expand and enhance the resources and facilities of agency components of the Food and Drug Administration involved with regulatory and criminal enforcement of this chapter to secure the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs including biological products and active pharmaceutical ingredients from domestic and foreign sources.
(2)The Secretary shall undertake enhanced and joint enforcement activities with other Federal and State agencies, and establish regional capacities for the validation of prescription drugs and the inspection of the prescription drug supply chain.
(d)In this section, the term “prescription drug” means a drug subject to section 353(b)(1) of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 355e

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73