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2026-07-06 10:51:44 -04:00

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LegalText 21 U.S.C. § 379k1 Electronic format for submissions us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 379k1 21 U.S.C. § 379k1 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/s379k1 data/legal/raw/us/code/title-21/usc21.xml a3a60784df4e05061044f556e77f5d1549e95a046e5dde73a513c593cf806c48 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 dab72d14f32623e9c96dfee0894e88760eccba637bb33922023d96d69ec41880 2026-07-04 official
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21 U.S.C. § 379k1 - Electronic format for submissions

Text

(a) Drugs and biologics (1) In general Beginning no earlier than 24 months after the issuance of a final guidance issued after public notice and opportunity for comment, submissions under subsection (b), (i), or (j) of section 355 of this title or subsection (a) or (k) of section 262 of title 42 shall be submitted in such electronic format as specified by the Secretary in such guidance.

(2) Guidance contents In the guidance under paragraph (1), the Secretary may—

(A) provide a timetable for establishment by the Secretary of further standards for electronic submission as required by such paragraph; and

(B) set forth criteria for waivers of and exemptions from the requirements of this subsection.

(3) Exception This subsection shall not apply to submissions described in section 360bbb of this title.

(b) Devices (1) In general Beginning after the issuance of final guidance implementing this paragraph, presubmissions and submissions for devices under section 360(k), 360c(f)(2)(A), 360e(c), 360e(d), 360e(f), 360j(g), 360j(m), or 360bbb3 of this title or section 262 of title 42, and any supplements to such presubmissions or submissions, shall include an electronic copy of such presubmissions or submissions.

(2) Guidance contents In the guidance under paragraph (1), the Secretary may—

(A) provide standards for the electronic copy required under such paragraph; and

(B) set forth criteria for waivers of and exemptions from the requirements of this subsection.

(3) Presubmissions and submissions solely in electronic format (A) In general Beginning on such date as the Secretary specifies in final guidance issued under subparagraph (C), presubmissions and submissions for devices described in paragraph (1) (and any appeals of action taken by the Secretary with respect to such presubmissions or submissions) shall be submitted solely in such electronic format as specified by the Secretary in such guidance.

(B) Draft guidance The Secretary shall, not later than October 1, 2019, issue draft guidance providing for—

(i) any further standards for the submission by electronic format required under subparagraph (A);

(ii) a timetable for the establishment by the Secretary of such further standards; and

(iii) criteria for waivers of and exemptions from the requirements of this subsection.

(C) Final guidance The Secretary shall, not later than 1 year after the close of the public comment period on the draft guidance issued under subparagraph (B), issue final guidance.

(June 25, 1938, ch. 675, § 745A, as added Pub. L. 112144, title XI, § 1136, July 9, 2012, 126 Stat. 1123; amended Pub. L. 11552, title II, § 207, Aug. 18, 2017, 131 Stat. 1019.)

Notes

Editorial Notes

Amendments2017—Subsec. (b)(3). Pub. L. 11552 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 AmendmentAmendment by title II of Pub. L. 11552, effective Oct. 1, 2017, except that fees under subpart 3 of part C of this subchapter to be assessed for all submissions listed in section 379j(a)(2)(A) of this title received on or after Oct. 1, 2017, see section 209 of Pub. L. 11552, set out as a note under section 379i of this title.