21 U.S.C. § 360g–2 — Third party data transparency

FEDERAL · 21 U.S.C. · Chapter 9

Third party data transparency

21 U.S.C. § 360g–2

Title21 — Food and Drugs

Chapter9 — FEDERAL FOOD, DRUG, AND COSMETIC ACT

SubchapterV

PartA

Current throughPub. L. 119-99

This text of 21 U.S.C. § 360g–2 (Third party data transparency) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

21 U.S.C. § 360g–2.

Text

(a)In general To the extent the Secretary relies on any data, analysis, or other information or findings provided by entities that has been funded in whole or in part by, or otherwise performed under contract with, the Food and Drug Administration, in regulatory decision-making with respect to devices, the Secretary shall—

(1)request access to the datasets, inputs, clinical or other assumptions, methods, analytical code, results, and other components underlying or comprising the analysis, conclusions, or other findings upon which the Secretary seeks to rely; and

(2)in the event that information described in paragraph (1) is used to support regulatory decision-making, and as otherwise appropriate, to the extent practicable, provide the manufacturer or manufacturers subject to such decisi

Free access — add to your briefcase to read the full text and ask questions with AI

(a) In general
To the extent the Secretary relies on any data, analysis, or other information or findings provided by entities that has been funded in whole or in part by, or otherwise performed under contract with, the Food and Drug Administration, in regulatory decision-making with respect to devices, the Secretary shall—
(1) request access to the datasets, inputs, clinical or other assumptions, methods, analytical code, results, and other components underlying or comprising the analysis, conclusions, or other findings upon which the Secretary seeks to rely; and
(2) in the event that information described in paragraph (1) is used to support regulatory decision-making, and as otherwise appropriate, to the extent practicable, provide the manufacturer or manufacturers subject to such decision a summary of such information, subject to protection of confidential commercial information or trade secret information or personally identifiable information.
(b) Report
Not later than September 30, 2023, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and publish on the website of the Food and Drug Administration, a report on the number of postmarket device signals communications issued by the Secretary, the sources of data for such signals, and how such signals were revised or resolved.
(c) Rule of construction
Nothing in this section shall be construed to require the delay of any regulatory decision-making or other action of the Food and Drug Administration.

Source Credit

History

(Pub. L. 117–328, div. FF, title III, §3307, Dec. 29, 2022, 136 Stat. 5834.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Food and Drug Omnibus Reform Act of 2022, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition of "Secretary"
Secretary as used in this section means the Secretary of Health and Human Services, see section 3002 of div. FF of Pub. L. 117–328, set out as a note under section 350a–1 of this title.

Cite This Page — Counsel Stack

Bluebook (online)

21 U.S.C. § 360g–2, Counsel Stack Legal Research, https://law.counselstack.com/usc/21/360g–2.