§355b — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary of Health and Human Services must issue a final rule no later than one year after January 4, 2002, that requires every drug approved under section 505 to have on its label a toll-free number the Secretary keeps for reporting bad reactions. The label must say the number is for reporting only and not for medical advice. The rule must be made to reach the widest possible public audience, try to keep pharmacy costs low, and must take effect within 60 days after it is issued. For the one-year period that begins when a drug gets market exclusivity under section 505A, any adverse-event report the Secretary receives about that drug must be sent to the Office of Pediatric Therapeutics (section 393a). The Office director must have the Pediatric Advisory Committee review the report and give recommendations about whether the Secretary should take action under the Food, Drug, and Cosmetic Act. The one-year rule does not stop the Secretary from continuing these activities after that year ends.

Title 21, §355b

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(a)Not later than one year after January 4, 2002, the Secretary of Health and Human Services shall promulgate a final rule requiring that the labeling of each drug for which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355] (regardless of the date on which approved) include the toll-free number maintained by the Secretary for the purpose of receiving reports of adverse events regarding drugs and a statement that such number is to be used for reporting purposes only, not to receive medical advice. With respect to the final rule:

(1)The rule shall provide for the implementation of such labeling requirement in a manner that the Secretary considers to be most likely to reach the broadest consumer audience.

(2)In promulgating the rule, the Secretary shall seek to minimize the cost of the rule on the pharmacy profession.

(3)The rule shall take effect not later than 60 days after the date on which the rule is promulgated.

(b)(1)During the one year beginning on the date on which a drug receives a period of market exclusivity under 505A 11 So in original. Probably should be preceded by “section”. of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355a], any report of an adverse event regarding the drug that the Secretary of Health and Human Services receives shall be referred to the Office of Pediatric Therapeutics established under section 393a of this title. In considering the report, the Director of such Office shall provide for the review of the report by the Pediatric Advisory Committee, including obtaining any recommendations of such subcommittee 22 So in original. Probably should be “Committee”. regarding whether the Secretary should take action under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] in response to the report.

(2)Paragraph (1) may not be construed as restricting the authority of the Secretary of Health and Human Services to continue carrying out the activities described in such paragraph regarding a drug after the one-year period described in such paragraph regarding the drug has expired.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables. Codification Section was enacted as part of the Best Pharmaceuticals for Children Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Amendments

2003—Subsec. (b)(1). Pub. L. 108–155 struck out “Advisory Subcommittee of the Anti-Infective Drugs” before “Advisory Committee”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by Pub. L. 108–155 effective Dec. 3, 2003, except as otherwise provided, see section 4 of Pub. L. 108–155, set out as an

Effective Date

note under section 355c of this title.

§355b Adverse-event Reporting

Summary

Title 21, §355b

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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