[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-9353] [[Page Unknown]] [Federal Register: April 19, 1994] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. 94M-0067] MBf USA, Inc.; Premarket Approval of AWARE Test System AGENCY: Food and Drug Administration, HHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is announcing its approval of the application by MBf USA, Inc., Boca Raton, FL, for premarket approval, under section 515 of the Federal Food, Drug, and Cosmetic Act (the act), of the AWARE Test System. The Clinical Chemistry and Toxicology Devices Panel recommendation of approval, with conditions, was made at a November 4, 1991, panel meeting. Approval was originally sought for over-the-counter (OTC) use by the applicant. However, FDA has decided that this panel meeting did not consider various issues, and so the panel will resume deliberating OTC use at a second meeting. As a result of the need for a second panel meeting, the applicant revised the indications for use to reflect a more limited use. After reviewing the recommendation of the Clinical Chemistry and Toxicology Devices Panel, FDA's Center for Devices and Radiological Health (CDRH) notified the applicant, by letter of January 18, 1994, of the approval of the application. DATES: Petitions for administrative review by May 19, 1994. ADDRESSES: Written requests for copies of the summary of safety and effectiveness data and petitions for administrative review to the Dockets Management Branch (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: Kaiser J. Aziz, Center for Devices and Radiological Health (HFZ-440), Food and Drug Administration, 1390 Piccard Dr., Rockville, MD 20850, 301-594-1243. SUPPLEMENTARY INFORMATION: On December 13, 1990, American Drug Screens, Inc., Oklahoma City, OK 73108, submitted to CDRH an application for premarket approval of the AWARE Test System. The device system has since been sold to MBf USA, Inc., 5100 Town Center Circle, suite 440, Boca Raton, FL 33486. This device is indicated for use as a specimen collection container and mailing kit and for drug analysis to determine if significant levels of marijuana, cocaine, amphetamines, phencyclidine (PCP), and/or codeine or morphine are present in a urine sample. It is restricted to use by physicians or professionals who counsel or treat individuals in connection with drug abuse. This system is not indicated for employee drug abuse testing, and it is not available with chain of custody. It is for in vitro diagnostic use only, and it is not for sale or distribution to pharmacies. On November 4, 1991, the Clinical Chemistry and Toxicology Devices Panel of the Medical Devices Advisory Committee, an FDA advisory committee, reviewed and recommended approval, with conditions, of the application. On January 18, 1994, CDRH approved the application by a letter to the applicant from the Acting Director of the Office of Device Evaluation, CDRH. A summary of the safety and effectiveness data on which CDRH based its approval is on file in the Dockets Management Branch (address above) and is available from that office upon written request. Requests should be identified with the name of the device and the docket number found in brackets in the heading of this document. Opportunity for Administrative Review Section 515(d)(3) of the act (21 U.S.C. 360e(d)(3)) authorizes any interested person to petition, under section 515(g) of the act (21 U.S.C. 360e(g)), for administrative review of CDRH's decision to approve this application. A petitioner may request either a formal hearing under part 12 (21 CFR part 12) of FDA's administrative practices and procedures regulations or a review of the application and CDRH's action by an independent advisory committee of experts. A petition is to be in the form of a petition for reconsideration under Sec. 10.33(b) (21 CFR 10.33(b)). A petitioner shall identify the form of review requested (hearing or independent advisory committee) and shall submit with the petition supporting data and information showing that there is a genuine and substantial issue of material fact for resolution through administrative review. After reviewing the petition, FDA will decide whether to grant or deny the petition and will publish a notice of its decision in the Federal Register. If FDA grants the petition, the notice will state the issue to be reviewed, the form of review to be used, the persons who may participate in the review, the time and place where the review will occur, and other details. Petitioners may, at any time on or before May 19, 1994, file with the Dockets Management Branch (address above) two copies of each petition and supporting data and information, identified with the name of the device and the docket number found in brackets in the heading of this document. Received petitions may be seen in the office above between 9 a.m. and 4 p.m., Monday through Friday. This notice is issued under the Federal Food, Drug, and Cosmetic Act (secs. 515(d), 520(h) (21 U.S.C. 360e(d), 360j(h))) and under authority delegated to the Commissioner of Food and Drugs (21 CFR 5.10) and redelegated to the Center for Devices and Radiological Health (21 CFR 5.53). Dated: April 5, 1994. Joseph A. Levitt, Deputy Director for Regulations Policy, Center for Devices and Radiological Health. [FR Doc. 94-9353 Filed 4-18-94; 8:45 am] BILLING CODE 4160-01-F