Editorial Note on Part 312
Editorial Note: Nomenclature changes to part 312 appear at 69 FR 13717, Mar. 24, 2004.

§ 312.44 Termination. ( a ) *General.* This section describes the procedures under which FDA may terminate an IND. If an IND is terminated, the sponsor shall end all clinical investigations conducted under the IND and recall or otherwise provide for the disposition of all unused supplies of the drug. A termination action may be based on deficiencies in the IND or in the conduct of an investigation under an IND. Except as provided in paragraph (d) of this section, a termination shall be preceded by a proposal to terminate by FDA and an opportunity for the sponsor to respond. FDA will, in general, only initiate an action under this section after first attempting to resolve differences informally or, when appropriate, through the clinical hold procedures described in § 312.42.
( b ) *Grounds for termination* — ( 1 ) *Phase 1.* FDA may propose to terminate an IND during Phase 1 if it finds that: ( i ) Human subjects would be exposed to an unreasonable and significant risk of illness or injury.
( ii ) The IND does not contain sufficient information required under § 312.23 to assess the safety to subjects of the clinical investigations.
( iii ) The methods, facilities, and controls used for the manufacturing, processing, and packing of the investigational drug are inadequate to establish and maintain appropriate standards of identity, strength, quality, and purity as needed for subject safety.
( iv ) The clinical investigations are being conducted in a manner substantially different than that described in the protocols submitted in the IND.
( v ) The drug is being promoted or distributed for commercial purposes not justified by the requirements of the investigation or permitted by § 312.7.
( vi ) The IND, or any amendment or report to the IND, contains an untrue statement of a material fact or omits material information required by this part.
( vii ) The sponsor fails promptly to investigate and inform the Food and Drug Administration and all investigators of serious and unexpected adverse experiences in accordance with § 312.32 or fails to make any other report required under this part.
( viii ) The sponsor fails to submit an accurate annual report of the investigations in accordance with § 312.33.
( ix ) The sponsor fails to comply with any other applicable requirement of this part, part 50, or part 56.
( x ) The IND has remained on inactive status for 5 years or more.
( xi ) The sponsor fails to delay a proposed investigation under the IND or to suspend an ongoing investigation that has been placed on clinical hold under § 312.42(b)(4).
( 2 ) *Phase 2 or 3.* FDA may propose to terminate an IND during Phase 2 or Phase 3 if FDA finds that: ( i ) Any of the conditions in paragraphs (b)(1)(i) through (b)(1)(xi) of this section apply; or
( ii ) The investigational plan or protocol(s) is not reasonable as a bona fide scientific plan to determine whether or not the drug is safe and effective for use; or
( iii ) There is convincing evidence that the drug is not effective for the purpose for which it is being investigated.
( 3 ) FDA may propose to terminate a treatment IND if it finds that: ( i ) Any of the conditions in paragraphs (b)(1)(i) through (x) of this section apply; or
( ii ) Any of the conditions in § 312.42(b)(3) apply.
( c ) *Opportunity for sponsor response.* ( 1 ) If FDA proposes to terminate an IND, FDA will notify the sponsor in writing, and invite correction or explanation within a period of 30 days.
( 2 ) On such notification, the sponsor may provide a written explanation or correction or may request a conference with FDA to provide the requested explanation or correction. If the sponsor does not respond to the notification within the allocated time, the IND shall be terminated.
( 3 ) If the sponsor responds but FDA does not accept the explanation or correction submitted, FDA shall inform the sponsor in writing of the reason for the nonacceptance and provide the sponsor with an opportunity for a regulatory hearing before FDA under part 16 on the question of whether the IND should be terminated. The sponsor's request for a regulatory hearing must be made within 10 days of the sponsor's receipt of FDA's notification of nonacceptance.
( d ) *Immediate termination of IND.* Notwithstanding paragraphs (a) through (c) of this section, if at any time FDA concludes that continuation of the investigation presents an immediate and substantial danger to the health of individuals, the agency shall immediately, by written notice to the sponsor from the Director of the Center for Drug Evaluation and Research or the Director of the Center for Biologics Evaluation and Research, terminate the IND. An IND so terminated is subject to reinstatement by the Director on the basis of additional submissions that eliminate such danger. If an IND is terminated under this paragraph, the agency will afford the sponsor an opportunity for a regulatory hearing under part 16 on the question of whether the IND should be reinstated.
[52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 55 FR 11579, Mar. 29, 1990; 57 FR 13249, Apr. 15, 1992; 67 FR 9586, Mar. 4, 2002]