2011 US Code
Title 21 - Food and Drugs
Chapter 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT (§§ 301 - 399d)
Front Matter

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Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 21 - FOOD AND DRUGS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 21 - FOOD AND DRUGS
CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT
Front Matter
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawNo
Dispositionstandard

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Part A—Drugs and Devices
351.Adulterated drugs and devices.
352.Misbranded drugs and devices.
353.Exemptions and consideration for certain drugs, devices, and biological products.
353a.Pharmacy compounding.
353b.Prereview of television advertisements.
354.Veterinary feed directive drugs.
355.New drugs.
355–1.Risk evaluation and mitigation strategies.
355a.Pediatric studies of drugs.
355b.Adverse-event reporting.
355c.Research into pediatric uses for drugs and biological products.
355d.Internal committee for review of pediatric plans, assessments, deferrals, and waivers.
355e.Pharmaceutical security.
356.Fast track products.
356–1.Accelerated approval of priority countermeasures.
356a.Manufacturing changes.
356b.Reports of postmarketing studies.
356c.Discontinuance of life saving product.
357.Repealed.
358.Authority to designate official names.
359.Nonapplicability of subchapter to cosmetics.
360.Registration of producers of drugs or devices.
360a.Clinical trial guidance for antibiotic drugs.
360b.New animal drugs.
360c.Classification of devices intended for human use.
360d.Performance standards.
360e.Premarket approval.
360e–1.Pediatric uses of devices.
360f.Banned devices.
360g.Judicial review.
360h.Notification and other remedies.
360i.Records and reports on devices.
360j.General provisions respecting control of devices intended for human use.
360k.State and local requirements respecting devices.
360l.Postmarket surveillance.
360m.Accredited persons.
360n.Priority review to encourage treatments for tropical diseases.

Part B—Drugs for Rare Diseases or Conditions
360aa.Recommendations for investigations of drugs for rare diseases or conditions.
360bb.Designation of drugs for rare diseases or conditions.
360cc.Protection for drugs for rare diseases or conditions.
360dd.Open protocols for investigations of drugs for rare diseases or conditions.
360ee.Grants and contracts for development of drugs for rare diseases and conditions.

Part C—Electronic Product Radiation Control
360hh.Definitions.
360ii.Program of control.
360jj.Studies by Secretary.
360kk.Performance standards for electronic products.
360ll.Notification of defects in and repair or replacement of electronic products.
360mm.Imports.
360nn.Inspection, records, and reports.
360oo.Prohibited acts.
360pp.Enforcement.
360qq.Repealed.
360rr.Federal-State cooperation.
360ss.State standards.

Part D—Dissemination of Treatment Information
360aaa to 360aaa–6. Omitted

Part E—General Provisions Relating to Drugs and Devices
360bbb.Expanded access to unapproved therapies and diagnostics.
360bbb–1.Dispute resolution.
360bbb–2.Classification of products.
360bbb–3.Authorization for medical products for use in emergencies.
360bbb–4.Technical assistance.
360bbb–5.Critical Path Public-Private Partnerships.
360bbb–6.Risk communication.

Part F—New Animal Drugs for Minor Use and Minor Species
360ccc.Conditional approval of new animal drugs for minor use and minor species.
360ccc–1.Index of legally marketed unapproved new animal drugs for minor species.
360ccc–2.Designated new animal drugs for minor use or minor species.

SUBCHAPTER VI—COSMETICS
361.Adulterated cosmetics.
362.Misbranded cosmetics.
363.Regulations making exemptions.
364.Repealed.

SUBCHAPTER VII—GENERAL AUTHORITY Part A—General Administrative Provisions
371.Regulations and hearings.
372.Examinations and investigations.
372a.Transferred.
373.Records.
374.Inspection.
374a.Inspections relating to food allergens.
375.Publicity.
376.Examination of sea food on request of packer; marking food with results; fees; penalties.
377.Revision of United States Pharmacopoeia; development of analysis and mechanical and physical tests.
378.Advertising of foods.
379.Confidential information.
379a.Presumption of existence of jurisdiction.
379b.Consolidated administrative and laboratory facility.
379c.Transferred.
379d.Automation of Food and Drug Administration.
379d–1.Conflicts of interest.
379d–2.Policy on the review and clearance of scientific articles published by FDA employees.

Part B—Colors
379e.Listing and certification of color additives for foods, drugs, devices, and cosmetics.

Part C—Fees subpart 1—freedom of information fees
379f.Recovery and retention of fees for freedom of information requests.

subpart 2—fees relating to drugs
379g.Definitions.
379h.Authority to assess and use drug fees.
379h–1.Fees relating to advisory review of prescription-drug television advertising.
379h–2.Reauthorization; reporting requirements.

subpart 3—fees relating to devices
379i.Definitions.
379j.Authority to assess and use device fees.
379j–1.Reauthorization; reporting requirements.

subpart 4—fees relating to animal drugs
379j–11.Definitions.
379j–12.Authority to assess and use animal drug fees.
379j–13.Reauthorization; reporting requirements.

subpart 5—fees relating to generic new animal drugs
379j–21.Authority to assess and use generic new animal drug fees.
379j–22.Reauthorization; reporting requirements.

subpart 6—fees related to food
379j–31.Authority to collect and use fees.

Part D—Information and Education
379k.Information system.
379l.Education.

Part E—Environmental Impact Review
379o.Environmental impact.

Part F—National Uniformity for Nonprescription Drugs and Preemption for Labeling or Packaging of Cosmetics
379r.National uniformity for nonprescription drugs.
379s.Preemption for labeling or packaging of cosmetics.

Part G—Safety Reports
379v.Safety report disclaimers.

Part H—Serious Adverse Event Reports
379aa.Serious adverse event reporting for nonprescription drugs.
379aa–1.Serious adverse event reporting for dietary supplements.

Part I—Reagan-Udall Foundation for the Food and Drug Administration
379dd.Establishment and functions of the Foundation.
379dd–1.Location of Foundation.
379dd–2.Activities of the Food and Drug Administration.

SUBCHAPTER VIII—IMPORTS AND EXPORTS
381.Imports and exports.
382.Exports of certain unapproved products.
383.Office of International Relations.
384.Importation of prescription drugs.
384a.Foreign supplier verification program.
384b.Voluntary qualified importer program.
384c.Inspection of foreign food facilities.
384d.Accreditation of third-party auditors.

SUBCHAPTER IX—TOBACCO PRODUCTS
387.Definitions.
387a.FDA authority over tobacco products.
387a–1.Final rule.
387b.Adulterated tobacco products.
387c.Misbranded tobacco products.
387d.Submission of health information to the Secretary.
387e.Annual registration.
387f.General provisions respecting control of tobacco products.
387f–1.Enforcement action plan for advertising and promotion restrictions.
387g.Tobacco product standards.
387h.Notification and other remedies.
387i.Records and reports on tobacco products.
387j.Application for review of certain tobacco products.
387k.Modified risk tobacco products.
387l.Judicial review.
387m.Equal treatment of retail outlets.
387n.Jurisdiction of and coordination with the Federal Trade Commission.
387o.Regulation requirement.
387p.Preservation of State and local authority.
387q.Tobacco Products Scientific Advisory Committee.
387r.Drug products used to treat tobacco dependence.
387s.User fees.
387t.Labeling, recordkeeping, records inspection.
387u.Studies of progress and effectiveness.

SUBCHAPTER X—MISCELLANEOUS
391.Separability clause.
392.Exemption of meats and meat food products.
393.Food and Drug Administration.
393a.Office of Pediatric Therapeutics.
394.Scientific review groups.
395.Loan repayment program.
396.Practice of medicine.
397.Contracts for expert review.
398.Notices to States regarding imported food.
399.Grants to enhance food safety.
399a.Office of the Chief Scientist.
399b.Office of Women's Health.
399c.Improving the training of State, local, territorial, and tribal food safety officials.
399d.Employee protections.

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