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Enforcement Policy for Certain IVDs for Immediate Response

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Submit Comments by 07/05/2024

Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the FDA considers your comment on a draft guidance before it begins work on the final version of the guidance, submit either online or written comments on the draft guidance before the close date.

If unable to submit comments online, please mail written comments to:

Dockets Management

Food and Drug Administration

5630 Fishers Lane, Rm 1061

Rockville, MD 20852

All written comments should be identified with this document's docket number: FDA-2024-D-0083

Docket Number: FDA-2024-D-0083 Issued by:

Guidance Issuing Office

Center for Devices and Radiological Health

FDA plays a critical role in protecting the United States from threats such as emerging infectious diseases, exposures to harmful chemicals, and public health emergencies. FDA is issuing this draft guidance to describe the Agency's enforcement policy for certain laboratory manufacturers offering certain unauthorized in vitro diagnostic devices for immediate response to chemical, biological, radiological, or nuclear agents in the absence of a declaration applicable to IVDs under section 564 of the Federal Food, Drug, and Cosmetic Act. This policy set forth in the draft guidance is intended to help ensure the government's coordinated and effective public health response during an emergent situation.

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