Title 21, Food and DrugsRelease 119-102

§360fff Definitions

Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER V — DRUGS AND DEVICES › Part I — Nonprescription Sunscreen and Other Active Ingredients › § 360fff

Last updated Aug 21, 2026|Official source

Summary

Defines key words used in FDA rules about over-the-counter sunscreens. Advisory Committee means the FDA’s Nonprescription Drug Advisory Committee or its successor. Final sunscreen order means a notice the Secretary publishes in the Federal Register saying a nonprescription sunscreen ingredient (or combination) is either GRASE and not misbranded when marketed under that order, or is not GRASE and is misbranded. GRASE means generally recognized by qualified experts as safe and effective for the uses listed in the drug’s label, as described in section 321(p) of this title. GRASE determination means a decision about whether an ingredient or combination is GRASE. Nonprescription means not subject to section 353(b)(1) of this title. Pending request means a request under 21 C.F.R. 330.14 (as in effect on November 26, 2014) that had an eligibility notice published before November 26, 2014 and had safety and effectiveness data submitted before that date. Proposed sunscreen order means a Federal Register notice tentatively saying an ingredient is either GRASE and not misbranded, not GRASE and misbranded, or not GRASE and misbranded because more data are needed. Sponsor means the person who submitted a request under section 360fff–1 of this title, a pending request, or any other application under this part. Sunscreen means a drug with one or more sunscreen active ingredients. Sunscreen active ingredient means an ingredient meant to be put on human skin to absorb, reflect, or scatter ultraviolet radiation.

Full Legal Text

Title 21, §360fff

Food and Drugs, Source: USLM XML via OLRC

In this part—
(1)the term “Advisory Committee” means the Nonprescription Drug Advisory Committee of the Food and Drug Administration or any successor to such Committee;
(2)the term “final sunscreen order” means an order published by the Secretary in the Federal Register containing information stating that a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients—
(A)is GRASE and is not misbranded if marketed in accordance with such order; or
(B)is not GRASE and is misbranded;
(3)the term “GRASE” means generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling of a drug as described in section 321(p) of this title;
(4)the term “GRASE determination” means, with respect to a nonprescription active ingredient or a combination of nonprescription active ingredients, a determination of whether such ingredient or combination of ingredients is GRASE;
(5)the term “nonprescription” means not subject to section 353(b)(1) of this title;
(6)the term “pending request” means each request with respect to a nonprescription sunscreen active ingredient submitted under section 330.14 of title 21, Code of Federal Regulations (as in effect on November 26, 2014) for consideration for inclusion in the over-the-counter drug monograph system—
(A)that was determined to be eligible for such review by publication of a notice of eligibility in the Federal Register prior to November 26, 2014; and
(B)for which safety and effectiveness data have been submitted to the Secretary prior to November 26, 2014;
(7)the term “proposed sunscreen order” means an order containing a tentative determination published by the Secretary in the Federal Register containing information proposing that a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients—
(A)is GRASE and is not misbranded if marketed in accordance with such order;
(B)is not GRASE and is misbranded; or
(C)is not GRASE and is misbranded because the data are insufficient to classify such ingredient or combination of ingredients as GRASE and not misbranded and additional information is necessary to allow the Secretary to determine otherwise;
(8)the term “sponsor” means the person that submitted—
(A)a request under section 360fff–1 of this title;
(B)a pending request; or
(C)any other application subject to this part;
(9)the term “sunscreen” means a drug containing one or more sunscreen active ingredients; and
(10)the term “sunscreen active ingredient” means an active ingredient that is intended for application to the skin of humans for purposes of absorbing, reflecting, or scattering ultraviolet radiation.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 113–195, § 2(b), Nov. 26, 2014, 128 Stat. 2045, provided that: “Nothing in the amendment made by this section [enacting this section and section 360fff–1 to [former] 360fff–5 of this title] shall be construed to— “(1) limit the right of a sponsor (as defined in section 586(8) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360fff(8)], as added by subsection (a)) to request that the Secretary of Health and Human Services convene an advisory committee; or “(2) limit the authority of the Secretary of Health and Human Services to meet with a sponsor (as defined in section 586(8) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)).”

Reference

Citations & Metadata

Citation

21 U.S.C. § 360fff

Title 21, Food and Drugs

Last Updated

Aug 21, 2026

Release point: 119-102