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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 360bbb2 Classification of products us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 360bbb2 21 U.S.C. § 360bbb2 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s360bbb2 data/legal/raw/us/code/title-21/usc21.xml f8eb43c4ed8048515cd3484b3735269ac15f2ad339d84e6216270202a87d0bf3 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 b79aff43fe6a9a08257d72d6a037a87e269db11c3008601ceec653330d90b4b2 2026-07-04 official
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21 U.S.C. § 360bbb2 - Classification of products

Text

(a) Request A person who submits an application or submission (including a petition, notification, and any other similar form of request) under this chapter for a product, may submit a request to the Secretary respecting the classification of the product as a drug, biological product, device, or a combination product subject to section 353(g) of this title or respecting the component of the Food and Drug Administration that will regulate the product. In submitting the request, the person shall recommend a classification for the product, or a component to regulate the product, as appropriate.

(b) Statement Not later than 60 days after the receipt of the request described in subsection (a), the Secretary shall determine the classification of the product under subsection (a), or the component of the Food and Drug Administration that will regulate the product, and shall provide to the person a written statement that identifies such classification or such component, and the reasons for such determination. The Secretary may not modify such statement except with the written consent of the person, or for public health reasons based on scientific evidence.

(c) Inaction of Secretary If the Secretary does not provide the statement within the 60-day period described in subsection (b), the recommendation made by the person under subsection (a) shall be considered to be a final determination by the Secretary of such classification of the product, or the component of the Food and Drug Administration that will regulate the product, as applicable, and may not be modified by the Secretary except with the written consent of the person, or for public health reasons based on scientific evidence.

(June 25, 1938, ch. 675, § 563, as added Pub. L. 105115, title IV, § 416, Nov. 21, 1997, 111 Stat. 2378.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105115, set out as an Effective Date of 1997 Amendment note under section 321 of this title.