§ 801.128 Exceptions or alternatives to labeling requirements for medical devices held by the Strategic National Stockpile. ( a ) The appropriate FDA Center Director may grant an exception or alternative to any provision listed in paragraph (f) of this section and not explicitly required by statute, for specified lots, batches, or other units of a medical device, if the Center Director determines that compliance with such labeling requirement could adversely affect the safety, effectiveness, or availability of such devices that are or will be included in the Strategic National Stockpile.
( b ) ( 1 ) ( i ) A Strategic National Stockpile official or any entity that manufactures (including labeling, packing, relabeling, or repackaging), distributes, or stores devices that are or will be included in the Strategic National Stockpile may submit, with written concurrence from a Strategic National Stockpile official, a written request for an exception or alternative described in paragraph (a) of this section to the Center Director.
( ii ) The Center Director may grant an exception or alternative described in paragraph (a) of this section on his or her own initiative.
( 2 ) A written request for an exception or alternative described in paragraph (a) of this section must: ( i ) Identify the specified lots, batches, or other units of the medical device that would be subject to the exception or alternative;
( ii ) Identify the labeling provision(s) listed in paragraph (f) of this section that are the subject of the exception or alternative request;
( iii ) Explain why compliance with the labeling provision(s) could adversely affect the safety, effectiveness, or availability of the specified lots, batches, or other units of a medical device that are or will be held in the Strategic National Stockpile;
( iv ) Describe any proposed safeguards or conditions that will be implemented so that the labeling of the device includes appropriate information necessary for the safe and effective use of the device, given the anticipated circumstances of use of the device;
( v ) Provide a draft of the proposed labeling of the specified lots, batches, or other units of the medical device subject to the exception or alternative; and
( vi ) Provide any other information requested by the Center Director in support of the request.
( c ) The Center Director must respond in writing to all requests under this section. The Center Director may impose appropriate conditions when granting such an exception or alternative under this section.
( d ) A grant of an exception or alternative under this section will include any safeguards or conditions deemed appropriate by the Center Director so that the labeling of devices subject to the exception or alternative includes the information necessary for the safe and effective use of the device, given the anticipated circumstances of use.
( e ) If the Center Director grants a request for an exception or alternative to the labeling requirements under this section: ( 1 ) The Center Director may determine that the submission and grant of a written request under this section satisfies the provisions relating to premarket notification submissions under § 807.81(a)(3) of this chapter.
( 2 ) ( i ) For a Premarket Approval Application (PMA)-approved device, the submission and grant of a written request under this section satisfies the provisions relating to submission of PMA supplements under § 814.39 of this chapter; however,
( ii ) The grant of the request must be identified in a periodic report under § 814.84 of this chapter.
( f ) The Center Director may grant an exception or alternative under this section to the following provisions of this chapter, to the extent that the requirements in these provisions are not explicitly required by statute: ( 1 ) § 801.1(d);
( 2 ) Subpart B of this part and part 830 of this chapter in its entirety;
( 3 ) § 801.60;
( 4 ) § 801.61;
( 5 ) § 801.62;
( 6 ) § 801.63;
( 7 ) § 801.109; and
( 8 ) Part 801, subpart H.
[72 FR 73601, Dec. 28, 2007, as amended at 78 FR 58820, Sept. 24, 2013]