Title 21 › CHAPTER 9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT › SUBCHAPTER V — DRUGS AND DEVICES › Part I — Nonprescription Sunscreen and Other Active Ingredients › § 360fff–2
The Secretary must decide within 60 calendar days whether a request can go forward for full review. The request must be for a nonprescription sunscreen active ingredient or combination that is not already listed in 21 CFR part 352 and that has been used to a material extent and for a material time under section 321(p)(2). The sponsor must include the information required by 21 CFR 330.14. The Secretary will tell the sponsor the decision and post it publicly. If the request is eligible, the Secretary will post the request with redactions for information protected under 5 U.S.C. 552(b), 18 U.S.C. 1905, or 21 U.S.C. 331(j). The sponsor must mark any parts it thinks are confidential. The request stays confidential while the Secretary decides if it is eligible. If the request is eligible, the Secretary will post the eligibility notice on the FDA website, invite the sponsor and others to submit comments, and allow at least 45 calendar days for comments and data. After the sponsor submits its data, the Secretary has 60 calendar days to decide if the submission is complete and in the right format. If it is complete, the Secretary will notify the sponsor, make that notice public, and file the request. If it is not complete, the Secretary will notify the sponsor with reasons and make that notice public. The sponsor may, within 30 calendar days of a refusal, ask for a meeting and send more data. The Secretary must hold that meeting within 30 calendar days. After the meeting, the Secretary may file the request within 60 calendar days, the sponsor may send more data, or the sponsor may choose within 120 calendar days to have the Secretary file the request over the sponsor’s protest; if so, the Secretary must file it within 30 calendar days, notify the sponsor in writing, and make that public. Any extra data submitted must be reconsidered within 60 calendar days. After the confidentiality period ends, the Secretary will make submitted data public with the same redactions, and submitters must mark confidential parts when they send them.
Full Legal Text
Food and Drugs, Source: USLM XML via OLRC
Reference
Citation
21 U.S.C. § 360fff–2
Title 21, Food and Drugs
Last Updated
Sep 22, 2026
Release point: 119-110