21 U.S.C. § 356–1 | Accelerated approval of priority countermeasures

(a)

In general

1 See References in Text note below.

The Secretary of Health and Human Services may designate a priority countermeasure as a fast-track product pursuant to or as a device granted review priority pursuant to section 360e(d)(5)  of this title. Such a designation may be made prior to the submission of—

(1)

a request for designation by the sponsor or applicant; or

(2)

section 355(i) of this title section 262(a)(3) of title 42 an application for the investigation of the drug under or .

Nothing in this subsection shall be construed to prohibit a sponsor or applicant from declining such a designation.

(b)

Use of animal trials

section 355(b) of this title section 262 of title 42¹A drug for which approval is sought under or on the basis of evidence of effectiveness that is derived from animal studies pursuant to section 123  may be designated as a fast track product for purposes of this section.

(c)

Priority review of drugs and biological products

A priority countermeasure that is a drug or biological product shall be considered a priority drug or biological product for purposes of performance goals for priority drugs or biological products agreed to by the Commissioner of Food and Drugs.

(d)

Definitions

¹For purposes of this title: 

(1)

¹ The term “priority countermeasure” has the meaning given such term in section 247d–6(h)(4)  of title 42.

(2)

The term “priority drugs or biological products” means a drug or biological product that is the subject of a drug or biologics application referred to in section 101(4) of the Food and Drug Administration Modernization Act of 1997.

Pub. L. 107–188, title I, § 122June 12, 2002116 Stat. 613(, , .)

Editorial Notes

References in Text

Section 360e(d)(5) of this title Pub. L. 114–255, div. A, title III, § 3051(c)(1)Dec. 13, 2016130 Stat. 1124, referred to in subsec. (a), was struck out and former subsec. (d)(6) redesignated subsec. (d)(5) of section 360e by , , . Section 360e(d)(5) no longer relates to grants of review priority.

section 123 of Pub. L. 107–188June 12, 2002116 Stat. 613Section 123, referred to in subsec. (b), is , title I, , , which is not classified to the Code.

Pub. L. 107–188June 12, 2002116 Stat. 596 section 669a of Title 29 section 8101 of Title 38This title, referred to in subsec. (d), is title I of , , , which enacted this section, , Labor, and sections 244, 245, 247d–3a, 247d–3b, 247d–7a to 247d–7d, 300hh, 300hh–11 to 300hh–13, 1320b–5, and 7257d of Title 42, The Public Health and Welfare, amended sections 247d to 247d–6, 264, 266, 290hh–1, and 5196b of Title 42, and enacted provisions set out as notes preceding , Veterans’ Benefits, and under sections 201, 244, 247d, 247d–6, 300hh, 300hh–12, and 1320b–5 of Title 42. For complete classification of this title to the Code, see Tables.

Section 247d–6(h)(4) of title 42 Pub. L. 109–417, title III, § 304(3)Dec. 19, 2006120 Stat. 2861, referred to in subsec. (d)(1), was redesignated section 247d–6(e)(4) by , , .

section 101(4) of Pub. L. 105–115 section 379g of this titleSection 101(4) of the Food and Drug Administration Modernization Act of 1997, referred to in subsec. (d)(2), is , which is set out as a note under .

Codification

Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.