Title 21, Food and DrugsRelease 119-73not60

§360e–4 Predetermined Change Control Plans for Devices

Title 21 › Chapter 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter V— DRUGS AND DEVICES › Part A— Drugs and Devices › § 360e–4

Last updated Apr 5, 2026|Official source

Summary

Lets device makers skip a new approval or 510(k) when they want to make planned changes, as long as those changes match an approved "predetermined change control plan." A predetermined change control plan is a short plan that says what changes may be made and how they will be done. Companies can put that plan in their original or supplemental application or in a 510(k). The FDA can approve or clear the plan if the device stays safe and effective after the changes, and for 510(k) devices the device must also stay substantially equivalent to its predicate. The FDA can require the plan to include updated labeling, reporting if the device fails because of the change, and performance checks. When deciding if a new device is substantially equivalent to an older one, the FDA must use only the version that was cleared or approved before any changes made under an approved plan.

Full Legal Text

Title 21, §360e–4

Food and Drugs, Source: USLM XML via OLRC

(a)(1)Notwithstanding section 360e(d)(5)(A) of this title, a supplemental application shall not be required for a change to a device approved under section 360e of this title, if such change is consistent with a predetermined change control plan that is approved pursuant to paragraph (2).
(2)The Secretary may approve a predetermined change control plan submitted in an application, including a supplemental application, under section 360e of this title that describes planned changes that may be made to the device (and that would otherwise require a supplemental application under section 360e of this title), if the device remains safe and effective without any change.
(3)The Secretary may require that a change control plan include labeling required for safe and effective use of the device as such device changes pursuant to such plan, notification requirements if the device does not function as intended pursuant to such plan, and performance requirements for changes made under the plan.
(b)(1)Notwithstanding section 360(k) of this title, a premarket notification shall not be required for a change to a device cleared under section 360(k) of this title, if such change is consistent with an established predetermined change control plan granted pursuant to paragraph (2).
(2)The Secretary may clear a predetermined change control plan submitted in a notification submitted under section 360(k) of this title that describes planned changes that may be made to the device (and that would otherwise require a new notification), if—
(A)the device remains safe and effective without any such change; and
(B)the device would remain substantially equivalent to the predicate.
(3)The Secretary may require that a change control plan include labeling required for safe and effective use of the device as such device changes pursuant to such plan, notification requirements if the device does not function as intended pursuant to such plan, and performance requirements for changes made under the plan.
(c)In making a determination of substantial equivalence pursuant to section 360c(i) of this title, the Secretary shall not compare a device to changed versions of a device implemented in accordance with an established predetermined change control plan as a predicate device. Only the version of the device cleared or approved, prior to changes made under the predetermined change control plan, may be used by a sponsor as a predicate device.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 515C of act June 25, 1938, was renumbered section 515B and is classified to section 360e–3 of this title.

Reference

Citations & Metadata

Citation

21 U.S.C. § 360e–4

Title 21, Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60