2016 US Code
Title 21 - Food and Drugs
Chapter 9 - Federal Food, Drug, and Cosmetic Act
Subchapter V - Drugs and Devices
Part A - Drugs and Devices
Sec. 360h-1 - Program to improve the device recall system
21 U.S.C. § 360h-1 (2016) |
§360h–1. Program to improve the device recall system |
(a) In general
The Secretary shall— (1) establish a program to routinely and systematically assess information relating to device recalls and use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices; (2) clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform those checks in a consistent manner; (3) develop detailed criteria for assessing whether a person performing a device recall has performed an effective correction or action plan for the recall; and (4) document the basis for each termination by the Food and Drug Administration of a device recall. The program established under subsection (a)(1) shall, at a minimum, identify— (1) trends in the number and types of device recalls; (2) devices that are most frequently the subject of a recall; and (3) underlying causes of device recalls. In this section, the term "recall" means— (1) the removal from the market of a device pursuant to an order of the Secretary under subsection (b) or (e) of section 360h of this title; or (2) the correction or removal from the market of a device at the initiative of the manufacturer or importer of the device that is required to be reported to the Secretary under section 360i(g) of this title. |
(June 25, 1938, ch. 675, §518A, as added Pub. L. 112–144, title VI, §605, July 9, 2012, 126 Stat. 1053; amended Pub. L. 114–255, div. A, title III, §3101(a)(2)(K), Dec. 13, 2016, 130 Stat. 1154.) |
AMENDMENTS
2016—Subsecs. (c), (d). Pub. L. 114–255 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "The Secretary shall document the basis for the termination by the Food and Drug Administration of a device recall." |
United States Code, 2012 Edition, Supplement 4, Title 21 - FOOD AND DRUGS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 21 - FOOD AND DRUGS CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT SUBCHAPTER V - DRUGS AND DEVICES Part A - Drugs and Devices Sec. 360h-1 - Program to improve the device recall system |
section 360h-1 |
2016 |
January 6, 2017 |
No |
standard |
126 Stat. 1053 130 Stat. 1154 |
Public Law 112-144, Public Law 114-255 |