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U.S Code last checked for updates: Jan 18, 2025
All Titles
Title 21
Chapter 9
Subchapter V
Part A
§ 360h. Notification and other r...
§ 360i. Records and reports on d...
§ 360h. Notification and other r...
§ 360i. Records and reports on d...
U.S. Code
Notes
§ 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.
(b)
Assessment content
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.
(c)
Definition
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
.)
cite as:
21 USC 360h-1
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