Title 21, Food and DrugsRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Allows device makers to use an approved "predetermined change control plan" to make planned changes without filing a new application for approved devices or a new premarket notification for cleared devices. The FDA can approve or clear such a plan if the device stays safe and effective and, for cleared devices, would remain substantially equivalent to its original predicate. The FDA can require updated labels, performance checks, and rules for notifying if the device stops working as intended. When the FDA decides if a device is substantially equivalent to a predicate, it must use only the original cleared or approved version. Versions changed under an approved plan cannot be used as the predicate.

Full Legal Text

Title 21, §360e–4

Food and Drugs, Source: USLM XML via OLRC

(a)Approved devices
(1)In general
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)Predetermined change control plan
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)Scope
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)Cleared devices
(1)In general
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)Predetermined change control plan
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)Scope
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)Predicate devices
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

Sep 22, 2026

Release point: 119-110