83_FR_47809 83 FR 47626 - Product Identifiers Under the Drug Supply Chain Security Act Questions and Answers; Draft Guidance for Industry; Availability

83 FR 47626 - Product Identifiers Under the Drug Supply Chain Security Act Questions and Answers; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47626-47628
FR Document2018-20502

The Food and Drug Administration FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Product Identifiers Under the Drug Supply Chain Security Act Questions and Answers.'' This draft guidance intends to clarify questions relating to product identifiers that are required by the Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the Drug Supply Chain Security Act (DSCSA) for packages and homogenous cases of certain drug products. Sections of the FD&C Act require manufacturers and repackagers to affix or imprint a product identifier to each package and homogenous case of a product intended to be introduced in a transaction into commerce beginning November 27, 2017, and November 28, 2018, respectively. This draft guidance intends to clarify these requirements.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Pages 47626-47628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20502]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3175]


Product Identifiers Under the Drug Supply Chain Security Act 
Questions and Answers; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Product 
Identifiers Under the Drug Supply Chain Security Act Questions and 
Answers.'' This draft guidance intends to clarify questions relating to 
product identifiers that are required by the Federal Food, Drug, and 
Cosmetic Act

[[Page 47627]]

(FD&C Act), as amended by the Drug Supply Chain Security Act (DSCSA) 
for packages and homogenous cases of certain drug products. Sections of 
the FD&C Act require manufacturers and repackagers to affix or imprint 
a product identifier to each package and homogenous case of a product 
intended to be introduced in a transaction into commerce beginning 
November 27, 2017, and November 28, 2018, respectively. This draft 
guidance intends to clarify these requirements.

DATES: Submit either electronic or written comments on the draft 
guidance by November 19, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance. Submit either electronic or written comments 
concerning the collection of information proposed in the draft guidance 
by November 19, 2018.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked, and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-D-3175 for ``Product Identifiers Under the Drug Supply Chain 
Security Act Questions and Answers.'' Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the 
Office of Communication, Outreach and Development, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to assist that office in processing 
your requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Tia Harper-Velazquez, Office of 
Compliance, Center for Drug Evaluation and Research, Food and Drug 
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 
301-796-3130, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The DSCSA (Title II of Pub. L. 113-54) was signed into law on 
November 27, 2013. Section 202 of the DSCSA added section 582 to the 
FD&C Act (21 U.S.C. 360eee-1). This section establishes product 
tracing, product identifier, and verification requirements for 
manufacturers, repackagers, wholesale distributors, and dispensers to 
facilitate the tracing of products through the pharmaceutical 
distribution supply chain. Failure to comply with the requirements of 
section 582 is a prohibited act under section 301(t) of the FD&C Act 
(21 U.S.C. 331(t)).
    The effective date for manufacturers to ``affix or imprint a 
product identifier to each package and homogenous case of a product 
intended to be introduced in a transaction into commerce'' under 
section 582(b)(2)(A) of the FD&C Act, is not later than November 27, 
2017. In June 2017, FDA published a draft guidance entitled ``Product 
Identifier Requirements Under the Drug Supply Chain Security Act--
Compliance Policy,'' in which FDA describes its intention regarding the 
enforcement of certain product identifiers under the DSCSA. As 
described in the draft guidance, FDA does not intend to take action 
against manufacturers who do not affix or imprint a product identifier 
to each package and homogenous case of products intended to be 
introduced in a transaction into commerce before November 26, 2018. 
This represents a 1-year delay in enforcement of the requirement for 
manufacturers to affix or imprint product identifiers. The

[[Page 47628]]

effective date for repackagers to ``affix or imprint a product 
identifier to each package and homogenous case of a product intended to 
be introduced in a transaction in commerce'' under section 582(e)(2)(A) 
of the FD&C Act, is not later than November 27, 2018.
    This guidance is intended to assist manufacturers and repackagers 
in understanding the requirements to affix or imprint a product 
identifier on each package and homogenous case of product that they 
introduce in a transaction into commerce to satisfy the product 
identifier requirement of section 582 of the FD&C Act. The 
recommendations in this guidance are intended to assist manufacturers 
and repackagers in standardizing both the human-readable and machine-
readable format of the information that is contained in the product 
identifier. This guidance also intends to clarify that these 
requirements do not change the linear barcode requirements.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on ``Product 
Identifiers Under the Supply Chain Security Act Questions and 
Answers.'' It does not establish any rights for any person and is not 
binding on FDA or the public. You can use an alternative approach if it 
satisfies the requirements of the applicable statutes and regulations. 
This guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This draft guidance includes information collection provisions that 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520) 
(PRA). In accordance with the PRA, prior to publication of any final 
guidance document, FDA intends to solicit public comment and obtain OMB 
approval for any information collections recommended in this guidance 
that are new or that would represent material modifications to those 
previously approved collections of information found in FDA regulations 
or guidances.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or 
https://www.regulations.gov.

    Dated: September 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20502 Filed 9-19-18; 8:45 am]
 BILLING CODE 4164-01-P



                                              47626                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              except in accordance with 21 CFR 10.20                  section 582 of the FD&C Act requires                  product purchased from repackagers
                                              and other applicable disclosure law. For                that each package and homogenous case                 after November 27, 2018, is affixed or
                                              more information about FDA’s posting                    of product in the pharmaceutical                      imprinted with a product identifier.
                                              of comments to public dockets, see 80                   distribution supply chain bear a product              Finally, FDA removed the
                                              FR 56469, September 18, 2015, or access                 identifier that is encoded with the                   recommendations in the draft version of
                                              the information at: https://www.gpo.gov/                product’s standardized numerical                      this guidance related to the
                                              fdsys/pkg/FR-2015-09-18/pdf/2015-                       identifier, lot number, and expiration                documentation for determining when a
                                              23389.pdf.                                              date by specific dates. Under the statute,            product without a product identifier
                                                 Docket: For access to the docket to                  manufacturers were required to begin                  was introduced in a transaction into
                                              read background documents or the                        affixing or imprinting a product                      commerce by a manufacturer. The topic
                                              electronic and written/paper comments                   identifier to each package and                        of documentation is addressed in the
                                              received, go to https://                                homogenous case of a product intended                 final grandfathering policy guidance.
                                              www.regulations.gov and insert the                      to be introduced into commerce no later                  This guidance is being issued
                                              docket number, found in brackets in the                 than November 27, 2017. Failure to                    consistent with FDA’s good guidance
                                              heading of this document, into the                      comply with this and other                            practices regulation (21 CFR 10.115).
                                              ‘‘Search’’ box and follow the prompts                   requirements of section 582 is                        The guidance represents the current
                                              and/or go to the Dockets Management                     prohibited under section 301(t) of the                thinking of FDA on ‘‘Product Identifier
                                              Staff, 5630 Fishers Lane, Rm. 1061,                     FD&C Act (21 U.S.C. 331(t)) and subject               Requirements Under the Drug Supply
                                              Rockville, MD 20852. You may submit                     to enforcement action under the FD&C                  Chain Security Act—Compliance
                                              comments on any guidance at any time                    Act.                                                  Policy.’’ It does not establish any rights
                                              (see 21 CFR 10.115(g)(5)).                                 In the Federal Register of July 3, 2017            for any person and is not binding on
                                                 Submit written requests for single                   (82 FR 30868), FDA issued a notice                    FDA or the public. You can use an
                                              copies of the draft guidance to the                     announcing the availability of the draft              alternative approach if it satisfies the
                                              Division of Drug Information, Center for                version of this guidance. As described                requirements of the applicable statutes
                                              Drug Evaluation and Research, Food                      in the guidance, in the years since the               and regulations. This guidance is not
                                              and Drug Administration, 10001 New                      passage of DSCSA, FDA had received                    subject to Executive Order 12866.
                                              Hampshire Ave., Hillandale Building,                    comments and feedback from
                                                                                                                                                            II. Electronic Access
                                              4th Floor, Silver Spring, MD 20993–                     manufacturers and other trading
                                              0002, or the Office of Communication,                   partners expressing concern with                         Persons with access to the internet
                                              Outreach and Development, Center for                    industry-wide readiness for                           may obtain the guidance at https://
                                              Biologics Evaluation and Research,                      implementation of the DSCSA provision                 www.fda.gov/Drugs/Guidance
                                              Food and Drug Administration, 10903                     requiring manufacturers to begin putting              ComplianceRegulatoryInformation/
                                              New Hampshire Ave., Building 71, Rm.                    product identifiers on their products by              Guidances/default.htm, https://
                                              3128, Silver Spring, MD 20993–0002.                     November 27, 2017. Given the                          www.fda.gov/BiologicsBloodVaccines/
                                              Send one self-addressed adhesive label                  implementation challenges that industry               GuidanceComplianceRegulatory
                                              to assist that office in processing your                has encountered, FDA recognized that                  Information/Guidances/default.htm, or
                                              requests. See the SUPPLEMENTARY                         some manufacturers would need                         https://www.regulations.gov.
                                              INFORMATION section for electronic                      additional time beyond November 27,                     Dated: September 14, 2018.
                                              access to the draft guidance document.                  2017, to ensure that their products bear              Leslie Kux,
                                                                                                      a product identifier as required by the               Associate Commissioner for Policy.
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      DSCSA. To minimize possible
                                              Connie Jung, Office of Compliance,                                                                            [FR Doc. 2018–20444 Filed 9–19–18; 8:45 am]
                                                                                                      disruptions in the distribution of
                                              Center for Drug Evaluation and                                                                                BILLING CODE 4164–01–P
                                                                                                      prescription drugs in the United States,
                                              Research, Food and Drug
                                                                                                      FDA does not intend to take action
                                              Administration, 10903 New Hampshire
                                                                                                      against manufacturers who do not affix                DEPARTMENT OF HEALTH AND
                                              Ave., Silver Spring, MD 20993–0002,
                                                                                                      or imprint a product identifier to
                                              301–796–3130, drugtrackandtrace@                                                                              HUMAN SERVICES
                                                                                                      packages or homogenous cases of
                                              fda.hhs.gov.                                            product that are packaged before                      Food and Drug Administration
                                              SUPPLEMENTARY INFORMATION:                              November 27, 2018. This includes
                                                                                                      packages and homogenous cases of                      [Docket No. FDA–2018–D–3175]
                                              I. Background
                                                                                                      product that are packaged by a
                                                 FDA is announcing the availability of                                                                      Product Identifiers Under the Drug
                                                                                                      manufacturer on or after November 27,
                                              a guidance for industry entitled                                                                              Supply Chain Security Act Questions
                                                                                                      2017. The comment period for the draft
                                              ‘‘Product Identifier Requirements Under                                                                       and Answers; Draft Guidance for
                                                                                                      guidance ended September 1, 2017.
                                              the Drug Supply Chain Security Act—                                                                           Industry; Availability
                                                                                                      FDA received 19 comments on the draft
                                              Compliance Policy.’’ On November 27,                    guidance.                                             AGENCY:    Food and Drug Administration,
                                              2013, the DSCSA (Title II of Pub. L.                       FDA made several changes to the                    HHS.
                                              113–54) was signed into law. Section                    guidance. We streamlined the guidance                 ACTION:   Notice of availability.
                                              202 of the DSCSA added section 582 to                   to remove information that is portions of
                                              the Federal Food, Drug, and Cosmetic                    the draft version of this guidance                    SUMMARY:    The Food and Drug
                                              Act (FD&C Act) (21 U.S.C. 360eee–1)                     because they were repetitive of the                   Administration FDA or Agency) is
                                              which established product tracing,                      information in the final guidance for                 announcing the availability of a draft
amozie on DSK3GDR082PROD with NOTICES1




                                              product identifier, authorized trading                  industry entitled, ‘‘Grandfathering                   guidance for industry entitled ‘‘Product
                                              partner and verification requirements                   Policy for Packages and Homogenous                    Identifiers Under the Drug Supply
                                              for manufacturers, repackagers,                         Cases of Product Without a Product                    Chain Security Act Questions and
                                              wholesale distributors, and dispensers                  Identifier.’’ In addition, FDA removed                Answers.’’ This draft guidance intends
                                              to facilitate the tracing of products                   the language in the draft version of this             to clarify questions relating to product
                                              through the pharmaceutical distribution                 guidance on wholesale distributor and                 identifiers that are required by the
                                              supply chain. Among its provisions,                     dispenser responsibilities to ensure                  Federal Food, Drug, and Cosmetic Act


                                         VerDate Sep<11>2014   18:01 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00027   Fmt 4703   Sfmt 4703   E:\FR\FM\20SEN1.SGM   20SEN1


                                                                       Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                           47627

                                              (FD&C Act), as amended by the Drug                      Staff, FDA will post your comment, as                 Division of Drug Information, Center for
                                              Supply Chain Security Act (DSCSA) for                   well as any attachments, except for                   Drug Evaluation and Research, Food
                                              packages and homogenous cases of                        information submitted, marked, and                    and Drug Administration, 10001 New
                                              certain drug products. Sections of the                  identified, as confidential, if submitted             Hampshire Ave., Hillandale Building,
                                              FD&C Act require manufacturers and                      as detailed in ‘‘Instructions.’’                      4th Floor, Silver Spring, MD 20993–
                                              repackagers to affix or imprint a product                  Instructions: All submissions received             0002; or to the Office of
                                              identifier to each package and                          must include the Docket No. FDA–                      Communication, Outreach and
                                              homogenous case of a product intended                   2018–D–3175 for ‘‘Product Identifiers                 Development, Center for Biologics
                                              to be introduced in a transaction into                  Under the Drug Supply Chain Security                  Evaluation and Research, Food and
                                              commerce beginning November 27,                         Act Questions and Answers.’’ Received                 Drug Administration, 10903 New
                                              2017, and November 28, 2018,                            comments will be placed in the docket                 Hampshire Ave., Bldg. 71, Rm. 3128,
                                              respectively. This draft guidance                       and, except for those submitted as                    Silver Spring, MD 20993–0002. Send
                                              intends to clarify these requirements.                  ‘‘Confidential Submissions,’’ publicly                one self-addressed adhesive label to
                                              DATES: Submit either electronic or
                                                                                                      viewable at https://www.regulations.gov               assist that office in processing your
                                              written comments on the draft guidance                  or at the Dockets Management Staff                    requests. See the SUPPLEMENTARY
                                              by November 19, 2018 to ensure that the                 between 9 a.m. and 4 p.m., Monday                     INFORMATION section for electronic
                                              Agency considers your comment on this                   through Friday.                                       access to the draft guidance document.
                                                                                                         • Confidential Submissions—To
                                              draft guidance before it begins work on                                                                       FOR FURTHER INFORMATION CONTACT: Tia
                                                                                                      submit a comment with confidential
                                              the final version of the guidance.                                                                            Harper-Velazquez, Office of
                                                                                                      information that you do not wish to be
                                              Submit either electronic or written                                                                           Compliance, Center for Drug Evaluation
                                                                                                      made publicly available, submit your
                                              comments concerning the collection of                                                                         and Research, Food and Drug
                                                                                                      comments only as a written/paper
                                              information proposed in the draft                                                                             Administration, 10903 New Hampshire
                                                                                                      submission. You should submit two
                                              guidance by November 19, 2018.                                                                                Ave., Silver Spring, MD 20993–0002,
                                                                                                      copies total. One copy will include the
                                              ADDRESSES: You may submit comments                      information you claim to be confidential              301–796–3130,
                                              as follows:                                             with a heading or cover note that states              CDERBarcodeQuestions@fda.hhs.gov.
                                                                                                      ‘‘THIS DOCUMENT CONTAINS                              SUPPLEMENTARY INFORMATION:
                                              Electronic Submissions
                                                                                                      CONFIDENTIAL INFORMATION.’’ The                       I. Background
                                                Submit electronic comments in the                     Agency will review this copy, including
                                              following way:                                          the claimed confidential information, in                 The DSCSA (Title II of Pub. L. 113–
                                                • Federal eRulemaking Portal:                         its consideration of comments. The                    54) was signed into law on November
                                              https://www.regulations.gov. Follow the                 second copy, which will have the                      27, 2013. Section 202 of the DSCSA
                                              instructions for submitting comments.                   claimed confidential information                      added section 582 to the FD&C Act (21
                                              Comments submitted electronically,                      redacted/blacked out, will be available               U.S.C. 360eee–1). This section
                                              including attachments, to https://                      for public viewing and posted on                      establishes product tracing, product
                                              www.regulations.gov will be posted to                   https://www.regulations.gov. Submit                   identifier, and verification requirements
                                              the docket unchanged. Because your                      both copies to the Dockets Management                 for manufacturers, repackagers,
                                              comment will be made public, you are                    Staff. If you do not wish your name and               wholesale distributors, and dispensers
                                              solely responsible for ensuring that your               contact information to be made publicly               to facilitate the tracing of products
                                              comment does not include any                            available, you can provide this                       through the pharmaceutical distribution
                                              confidential information that you or a                  information on the cover sheet and not                supply chain. Failure to comply with
                                              third party may not wish to be posted,                  in the body of your comments and you                  the requirements of section 582 is a
                                              such as medical information, your or                    must identify this information as                     prohibited act under section 301(t) of
                                              anyone else’s Social Security number, or                ‘‘confidential.’’ Any information marked              the FD&C Act (21 U.S.C. 331(t)).
                                              confidential business information, such                 as ‘‘confidential’’ will not be disclosed                The effective date for manufacturers
                                              as a manufacturing process. Please note                 except in accordance with 21 CFR 10.20                to ‘‘affix or imprint a product identifier
                                              that if you include your name, contact                  and other applicable disclosure law. For              to each package and homogenous case
                                              information, or other information that                  more information about FDA’s posting                  of a product intended to be introduced
                                              identifies you in the body of your                      of comments to public dockets, see 80                 in a transaction into commerce’’ under
                                              comments, that information will be                      FR 56469, September 18, 2015, or access               section 582(b)(2)(A) of the FD&C Act, is
                                              posted on https://www.regulations.gov.                  the information at: https://www.gpo.gov/              not later than November 27, 2017. In
                                                • If you want to submit a comment                     fdsys/pkg/FR-2015-09-18/pdf/2015-                     June 2017, FDA published a draft
                                              with confidential information that you                  23389.pdf.                                            guidance entitled ‘‘Product Identifier
                                              do not wish to be made available to the                    Docket: For access to the docket to                Requirements Under the Drug Supply
                                              public, submit the comment as a                         read background documents or the                      Chain Security Act—Compliance
                                              written/paper submission and in the                     electronic and written/paper comments                 Policy,’’ in which FDA describes its
                                              manner detailed (see ‘‘Written/Paper                    received, go to https://                              intention regarding the enforcement of
                                              Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                    certain product identifiers under the
                                                                                                      docket number, found in brackets in the               DSCSA. As described in the draft
                                              Written/Paper Submissions                                                                                     guidance, FDA does not intend to take
                                                                                                      heading of this document, into the
                                                Submit written/paper submissions as                   ‘‘Search’’ box and follow the prompts                 action against manufacturers who do
                                              follows:                                                and/or go to the Dockets Management                   not affix or imprint a product identifier
amozie on DSK3GDR082PROD with NOTICES1




                                                • Mail/Hand delivery/Courier (for                     Staff, 5630 Fishers Lane, Rm. 1061,                   to each package and homogenous case
                                              written/paper submissions): Dockets                     Rockville, MD 20852.                                  of products intended to be introduced in
                                              Management Staff (HFA–305), Food and                       You may submit comments on any                     a transaction into commerce before
                                              Drug Administration, 5630 Fishers                       guidance at any time (see 21 CFR                      November 26, 2018. This represents a 1-
                                              Lane, Rm. 1061, Rockville, MD 20852.                    10.115(g)(5)).                                        year delay in enforcement of the
                                                • For written/paper comments                             Submit written requests for single                 requirement for manufacturers to affix
                                              submitted to the Dockets Management                     copies of the draft guidance to the                   or imprint product identifiers. The


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                                              47628                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              effective date for repackagers to ‘‘affix or              Dated: September 14, 2018.                          grandfathered group health plans and
                                              imprint a product identifier to each                    Leslie Kux,                                           health insurance issuers offering group
                                              package and homogenous case of a                        Associate Commissioner for Policy.                    or individual health insurance are
                                              product intended to be introduced in a                  [FR Doc. 2018–20502 Filed 9–19–18; 8:45 am]           required to provide insurance coverage
                                              transaction in commerce’’ under section                 BILLING CODE 4164–01–P
                                                                                                                                                            without cost-sharing (a co-payment, co-
                                              582(e)(2)(A) of the FD&C Act, is not later                                                                    insurance, or deductible) for preventive
                                              than November 27, 2018.                                                                                       services for plan years (i.e., policy years)
                                                                                                      DEPARTMENT OF HEALTH AND                              beginning on or after the date that is one
                                                 This guidance is intended to assist
                                                                                                      HUMAN SERVICES                                        year from the Secretary’s adoption of the
                                              manufacturers and repackagers in                                                                              condition for screening.
                                              understanding the requirements to affix                                                                          During the November meeting, the
                                                                                                      Health Resources and Services
                                              or imprint a product identifier on each                 Administration Meeting of the Advisory                ACHDNC will hear from experts in the
                                              package and homogenous case of                          Committee on Heritable Disorders in                   field and discuss issues related to
                                              product that they introduce in a                        Newborns and Children                                 newborn screening information,
                                              transaction into commerce to satisfy the                                                                      education, training activities, and
                                              product identifier requirement of                       AGENCY: Health Resources and Services                 training resources. The ACHDNC will
                                              section 582 of the FD&C Act. The                        Administration (HRSA), Department of                  hear presentations on the use of
                                              recommendations in this guidance are                    Health and Human Services (HHS).                      genomic sequencing in newborn
                                              intended to assist manufacturers and                    ACTION: Notice.                                       screening as well as the clinical setting
                                              repackagers in standardizing both the                                                                         for both well and sick infants. The
                                              human-readable and machine-readable                     SUMMARY:   The Advisory Committee on                  ACHDNC will also discuss the
                                              format of the information that is                       Heritable Disorders in Newborns and                   nomination of cerebrotendinous
                                              contained in the product identifier. This               Children (ACHDNC) has scheduled a                     xanthomatosis (CTX) to the RUSP and
                                              guidance also intends to clarify that                   public meeting. Information about the                 vote on whether to move the
                                              these requirements do not change the                    ACHDNC, a roster of members, the                      nomination forward to evidence review.
                                              linear barcode requirements.                            meeting agenda, as well as past meeting               Note that this vote is not on a proposed
                                                                                                      summaries is located on the ACHDNC                    addition of a condition to the RUSP.
                                                 This draft guidance is being issued                  website at https://www.hrsa.gov/                      Agenda items are subject to change as
                                              consistent with FDA’s good guidance                     advisory-committees/heritable-                        priorities dictate. Refer to the ACHDNC
                                              practices regulation (21 CFR 10.115).                   disorders/index.html.                                 website for any updated information
                                              The draft guidance, when finalized, will
                                                                                                      DATES: November 1, 2018, 10:30 a.m.–                  concerning the meeting. Members of the
                                              represent the current thinking of FDA                   5:30 p.m. ET and November 2, 2018,                    public will have the opportunity to
                                              on ‘‘Product Identifiers Under the                      9:00 a.m.–3:00 p.m. ET.                               provide comments, which are part of the
                                              Supply Chain Security Act Questions                                                                           official Committee record. To submit
                                                                                                      ADDRESSES: This meeting will be held in
                                              and Answers.’’ It does not establish any                                                                      written comments or request time for an
                                              rights for any person and is not binding                person and by webinar. Advanced
                                                                                                      registration is required. Please register             oral comment at the meeting, please
                                              on FDA or the public. You can use an                                                                          register online by 12:00 p.m. ET on
                                                                                                      online at http://
                                              alternative approach if it satisfies the                                                                      October 26, 2018, at http://
                                                                                                      www.achdncmeetings.org/ by 12:00 p.m.
                                              requirements of the applicable statutes                                                                       www.achdncmeetings.org. Oral
                                                                                                      ET on October 29, 2018. The address for
                                              and regulations. This guidance is not                                                                         comments will be honored in the order
                                                                                                      the meeting is 5600 Fishers Lane,
                                              subject to Executive Order 12866.                                                                             they are requested and may be limited
                                                                                                      Rockville, Maryland 20857.
                                              II. Paperwork Reduction Act of 1995                                                                           as time allows. Individuals associated
                                                                                                      FOR FURTHER INFORMATION CONTACT: Ann
                                                                                                                                                            with groups or who plan to provide
                                                                                                      Ferrero, Maternal and Child Health
                                                This draft guidance includes                                                                                comments on similar topics may be
                                                                                                      Bureau (MCHB), HRSA, 5600 Fishers
                                              information collection provisions that                                                                        asked to combine their comments and
                                                                                                      Lane, Room 18N100C, Rockville,
                                              are subject to review by the Office of                                                                        present them through a single
                                                                                                      Maryland 20857; 301–443–3999; or
                                              Management and Budget (OMB) under                                                                             representative. No audiovisual
                                                                                                      AFerrero@hrsa.gov.
                                              the Paperwork Reduction Act (PRA) of                                                                          presentations are permitted. Written
                                                                                                      SUPPLEMENTARY INFORMATION: The                        comments should identify the
                                              1995 (44 U.S.C. 3501–3520) (PRA). In
                                                                                                      ACHDNC provides advice and                            individual’s name, address, email,
                                              accordance with the PRA, prior to
                                                                                                      recommendations to the Secretary of                   telephone number, professional or
                                              publication of any final guidance
                                                                                                      HHS (Secretary) on the development of                 organization affiliation, background or
                                              document, FDA intends to solicit public                 newborn screening activities,
                                              comment and obtain OMB approval for                                                                           area of expertise (i.e., parent, family
                                                                                                      technologies, policies, guidelines, and               member, researcher, clinician, public
                                              any information collections                             programs for effectively reducing
                                              recommended in this guidance that are                                                                         health, etc.) and the topic/subject
                                                                                                      morbidity and mortality in newborns                   matter.
                                              new or that would represent material                    and children having, or at risk for,                     Individuals who plan to attend and
                                              modifications to those previously                       heritable disorders. In addition,                     need special assistance or another
                                              approved collections of information                     ACHDNC’s recommendations regarding                    reasonable accommodation should
                                              found in FDA regulations or guidances.                  inclusion of additional conditions for                notify Ann Ferrero at the address and
                                              III. Electronic Access                                  screening, following adoption by the                  phone number listed above at least 10
                                                                                                      Secretary, are evidence-informed                      business days prior to the meeting.
amozie on DSK3GDR082PROD with NOTICES1




                                                Persons with access to the internet                   preventive health services provided for               Since this meeting occurs in a federal
                                              may obtain the draft guidance at either                 in the comprehensive guidelines                       government building, attendees must go
                                              https://www.fda.gov/Drugs/                              supported by HRSA through the                         through a security check to enter the
                                              GuidanceCompliance                                      Recommended Uniform Screening Panel                   building. Non-U.S. Citizens attendees
                                              RegulatoryInformation/Guidances/                        (RUSP) pursuant to section 2713 of the                planning to attend must notify HRSA of
                                              default.htm or https://                                 Public Health Service Act (42 U.S.C.                  their planned attendance at least 10
                                              www.regulations.gov.                                    300gg–13). Under this provision, non-                 business days prior to the meeting in


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Document Created: 2018-09-20 02:09:27
Document Modified: 2018-09-20 02:09:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesSubmit either electronic or written comments on the draft guidance by November 19, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance. Submit either electronic or written comments concerning the collection of information proposed in the draft guidance by November 19, 2018.
ContactTia Harper-Velazquez, Office of Compliance, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-3130, [email protected]
FR Citation83 FR 47626 

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