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e-CFR data is current as of March 4, 2021

Title 21Chapter ISubchapter HPart 822 → Subpart D


Title 21: Food and Drugs
PART 822—POSTMARKET SURVEILLANCE


Subpart D—FDA Review and Action


Contents
§822.16   What will you consider in the review of my submission?
§822.17   How long will your review of my submission take?
§822.18   How will I be notified of your decision?
§822.19   What kinds of decisions may you make?
§822.20   What are the consequences if I fail to submit a postmarket surveillance plan, my plan is disapproved and I fail to submit a new plan, or I fail to conduct surveillance in accordance with my approved plan?
§822.21   What must I do if I want to make changes to my postmarket surveillance plan after you have approved it?
§822.22   What recourse do I have if I do not agree with your decision?
§822.23   Is the information in my submission considered confidential?

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§822.16   What will you consider in the review of my submission?

First, we will determine that the submission is administratively complete. Then, in accordance with the law, we must determine whether the designated person has appropriate qualifications and experience to conduct the surveillance and whether the surveillance plan will result in the collection of useful data that will answer the surveillance question.

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§822.17   How long will your review of my submission take?

We will review your submission within 60 days of receipt.

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§822.18   How will I be notified of your decision?

We will send you a letter notifying you of our decision and identifying any action you must take.

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§822.19   What kinds of decisions may you make?

If your plan:Then we will send you:And you must:
(a) Should result in the collection of useful data that will address the postmarket surveillance questionAn approval order, identifying any specific requirements related to your postmarket surveillanceConduct postmarket surveillance of your device in accordance with the approved plan
(b) Should result in the collection of useful data that will address the postmarket surveillance question after specific revisions are made or specific information is providedAn approvable letter identifying the specific revisions or information that must be submitted before your plan can be approvedRevise your postmarket surveillance submission to address the concerns in the approvable letter and submit it to us within the specified timeframe. We will determine the timeframe case-by-case, based on the types of revisions or information that you must submit
(c) Does not meet the requirements specified in this partA letter disapproving your plan and identifying the reasons for disapprovalRevise your postmarket surveillance submission and submit it to us within the specified timeframe. We will determine the timeframe case-by-case, based on the types of revisions or information that you must submit
(d) Is not likely to result in the collection of useful data that will address the postmarket surveillance questionA letter disapproving your plan and identifying the reasons for disapprovalRevise your postmarket surveillance submission and submit it to us within the specified timeframe. We will determine the timeframe case-by-case, based on the types of revisions or information that you must submit

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§822.20   What are the consequences if I fail to submit a postmarket surveillance plan, my plan is disapproved and I fail to submit a new plan, or I fail to conduct surveillance in accordance with my approved plan?

The failure to have an approved postmarket surveillance plan or failure to conduct postmarket surveillance in accordance with the approved plan constitutes failure to comply with section 522 of the act. Your failure would be a prohibited act under section 301(q)(1)(C) of the act, and your device would be misbranded under section 502(t)(3) of the act. We have the authority to initiate actions against products that are adulterated or misbranded, and against persons who commit prohibited acts. Adulterated or misbranded devices can be seized. Persons who commit prohibited acts can be enjoined from committing such acts, required to pay civil money penalties, or prosecuted.

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§822.21   What must I do if I want to make changes to my postmarket surveillance plan after you have approved it?

You must receive our approval in writing before making changes in your plan that will affect the nature or validity of the data collected in accordance with the plan. To obtain our approval, you must submit three copies of the request to make the proposed change and revised postmarket surveillance plan to the applicable address listed in §822.8. You may reference information already submitted in accordance with §822.14. In your cover letter, you must identify your submission as a supplement and cite the unique document number that we assigned in our acknowledgment letter for your original submission, specifically identify the changes to the plan, and identify the reasons and justification for making the changes. You must report changes in your plan that will not affect the nature or validity of the data collected in accordance with the plan in the next interim report required by your approval order.

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§822.22   What recourse do I have if I do not agree with your decision?

(a) If you disagree with us about the content of your plan or if we disapprove your plan, or if you believe there is a less burdensome approach that will answer the surveillance question, you may request review of our decision by:

(1) Requesting a meeting with the individual who issued the order for postmarket surveillance;

(2) Seeking internal review of the order under §10.75 of this chapter;

(3) Requesting an informal hearing under part 16 of this chapter; or

(4) Requesting review by the Medical Devices Dispute Resolution Panel of the Medical Devices Advisory Committee.

(b) You may obtain guidance documents that discuss these mechanisms from the Center for Devices and Radiological Health's (CDRH's) Web site.

[67 FR 38887, June 6, 2002, as amended at 72 FR 17400, Apr. 9, 2007; 85 FR 18443, Apr. 2, 2020]

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§822.23   Is the information in my submission considered confidential?

We consider the content of your submission confidential until we have approved your postmarket surveillance plan. After we have approved your plan, the contents of the original submission and any amendments, supplements, or reports may be disclosed in accordance with the Freedom of Information Act. We will continue to protect trade secret and confidential commercial information after your plan is approved. We will not disclose information identifying individual patients. You may wish to indicate in your submission which information you consider trade secret or confidential commercial.

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