[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31342-31345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13441]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2011-N-0362]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Current Good Manufacturing Practice Regulations for
Finished Pharmaceuticals
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of FDA's Current Good Manufacturing Practice (CGMP)
Regulations for Finished Pharmaceuticals.
DATES: Submit either electronic or written comments on the collection
of information by August 1, 2011.
ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850, 301-796-7392,
[email protected].
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Current Good Manufacturing Practice Regulations for Finished
Pharmaceuticals--21 CFR Parts 210 and 211 (OMB Control Number 0910-
0139)--Extension
Under section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 351(a)(2)(B)), a drug is adulterated if
the methods used in, or the facilities or controls used for, its
manufacture, processing, packing, or holding do not conform to or are
not operated or administered in conformity with CGMPs to ensure that
such drug meets the requirements of the FD&C Act as to safety, and has
the identity and strength, and meets the quality and purity
characteristics, which it purports or is represented to possess.
FDA has the authority under section 701(a) of the FD&C Act (21
U.S.C. 371(a)) to issue regulations for the efficient enforcement of
the FD&C Act regarding CGMP procedures for manufacturing, processing,
and holding drugs and drug products. The CGMP regulations help ensure
that drug products meet the statutory requirements for safety and have
their purported or represented identity, strength, quality, and purity
characteristics. The information collection requirements in the CGMP
regulations provide FDA with the necessary information to perform its
duty to protect public health and safety. CGMP requirements establish
accountability in the manufacturing and processing of drug products,
provide for meaningful FDA inspections, and enable manufacturers to
improve the quality of drug products over time. The CGMP recordkeeping
requirements also serve preventive and remedial purposes and provide
crucial information if it is necessary to recall a drug product.
The general requirements for recordkeeping under part 211 (21 CFR
part 211) are set forth in Sec. 211.180. Any production, control, or
distribution record associated with a batch and required to be
maintained in compliance with part 211 must be retained for at least 1
year after the expiration date of the batch and, for certain over the
counter (OTC) drugs, 3 years after distribution of the batch (Sec.
211.180(a)). Records for all components, drug product containers,
closures, and labeling are required to be maintained for at least 1
year after the expiration date and 3 years for certain OTC products
(Sec. 211.180(b)).
All part 211 records must be readily available for authorized
inspections during the retention period (Sec. 211.180(c)), and such
records may be retained either as original records or as true copies
(Sec. 211.180(d)). In addition, 21 CFR 11.2(a) provides that ``for
records required to be maintained but not submitted to the Agency,
persons may use electronic records in lieu of paper records or
electronic signatures in lieu of traditional signatures, in whole or in
part, provided that the requirements of this part are met.'' To the
extent this electronic option is used, the burden of maintaining paper
records should be substantially reduced, as should any review of such
records.
In order to facilitate improvements and corrective actions, records
must be maintained so that data can be used for evaluating, at least
annually, the quality
[[Page 31343]]
standards of each drug product to determine the need for changes in
drug product specifications or manufacturing or control procedures
(Sec. 211.180(e)). Written procedures for these evaluations are to be
established and include provisions for a review of a representative
number of batches and, where applicable, records associated with the
batch; provisions for a review of complaints, recalls, returned or
salvaged drug products; and investigations conducted under Sec.
211.192 for each drug product.
The specific recordkeeping requirements provided in table 1 of this
document are as follows:
Section 211.34--Consultants advising on the manufacture,
processing, packing, or holding of drug products must have sufficient
education, training, and experience to advise on the subject for which
they are retained. Records must be maintained stating the name,
address, and qualifications of any consultants and the type of service
they provide.
Section 211.67(c)--Records must be kept of maintenance, cleaning,
sanitizing, and inspection as specified in Sec. Sec. 211.180 and
211.182.
Section 211.68--Appropriate controls must be exercised over
computer or related systems to assure that changes in master production
and control records or other records are instituted only by authorized
personnel.
Section 211.68(a)--Records must be maintained of calibration
checks, inspections, and computer or related system programs for
automatic, mechanical, and electronic equipment.
Section 211.68(b)--All appropriate controls must be exercised over
all computers or related systems and control data systems to assure
that changes in master production and control records or other records
are instituted only by authorized persons.
Section 211.72--Filters for liquid filtration used in the
manufacture, processing, or packing of injectable drug products
intended for human use must not release fibers into such products.
Section 211.80(d)--Each container or grouping of containers for
components or drug product containers or closures must be identified
with a distinctive code for each lot in each shipment received. This
code must be used in recording the disposition of each lot. Each lot
must be appropriately identified as to its status.
Section 211.100(b)--Written production and process control
procedures must be followed in the execution of the various production
and process control functions and must be documented at the time of
performance. Any deviation from the written procedures must be recorded
and justified.
Section 211.105(b)--Major equipment must be identified by a
distinctive identification number or code that must be recorded in the
batch production record to show the specific equipment used in the
manufacture of each batch of a drug product. In cases where only one of
a particular type of equipment exists in a manufacturing facility, the
name of the equipment may be used in lieu of a distinctive
identification number or code.
Section 211.122(c)--Records must be maintained for each shipment
received of each different labeling and packaging material indicating
receipt, examination, or testing.
Section 211.130(e)--Inspection of packaging and labeling facilities
must be made immediately before use to assure that all drug products
have been removed from previous operations. Inspection must also be
made to assure that packaging and labeling materials not suitable for
subsequent operations have been removed. Results of inspection must be
documented in the batch production records.
Section 211.132(c)--Certain retail packages of OTC drug products
must bear a statement that is prominently placed so consumers are
alerted to the specific tamper-evident feature of the package. The
labeling statement is required to be so placed that it will be
unaffected if the tamper-resistant feature of the package is breached
or missing. If the tamper-evident feature chosen is one that uses an
identifying characteristic, that characteristic is required to be
referred to in the labeling statement.
Section 211.132(d)--A request for an exemption from packaging and
labeling requirements by a manufacturer or packer is required to be
submitted in the form of a citizen petition under 21 CFR 10.30.
Section 211.137--Requirements regarding product expiration dating
and compliance with 21 CFR 201.17 are set forth.
Section 211.160(a)--The establishment of any specifications,
standards, sampling plans, test procedures, or other laboratory control
mechanisms, including any change in such specifications, standards,
sampling plans, test procedures, or other laboratory control
mechanisms, must be drafted by the appropriate organizational unit and
reviewed and approved by the quality control unit. These requirements
must be followed and documented at the time of performance. Any
deviation from the written specifications, standards, sampling plans,
test procedures, or other laboratory control mechanisms must be
recorded and justified.
Section 211.165(e)--The accuracy, sensitivity, specificity, and
reproducibility of test methods employed by a firm must be established
and documented. Such validation and documentation may be accomplished
in accordance with Sec. 211.194(a)(2).
Section 211.166(c)--Homeopathic drug product requirements are set
forth.
Section 211.173--Animals used in testing components, in-process
materials, or drug products for compliance with established
specifications must be maintained and controlled in a manner that
assures their suitability for their intended use. They must be
identified, and adequate records must be maintained showing the history
of their use.
Section 211.180(e)--Written records required by part 211 must be
maintained so that data can be used for evaluating, at least annually,
the quality standards of each drug product to determine the need for
changes in drug product specifications or manufacturing or control
procedures. Written procedures must be established and followed for
such evaluations and must include provisions for a representative
number of batches, whether approved or unapproved or rejected, and a
review of complaints, recalls, returned or salvaged drug products, and
investigations conducted under Sec. 211.192 for each drug product.
Section 211.180(f)--Procedures must be established to assure that
the responsible officials of the firm, if they are not personally
involved in or immediately aware of such actions, are notified in
writing of any investigations, conducted under Sec. Sec. 211.198,
211.204, or 211.208, any recalls, reports of inspectional observations
issued, or any regulatory actions relating to good manufacturing
practices brought by FDA.
Section 211.182--Specifies requirements for equipment cleaning
records and the use log.
Section 211.184--Specifies requirements for component, drug product
container, closure, and labeling records.
Section 211.186--Specifies master production and control records
requirements.
Section 211.188--Specifies batch production and control records
requirement.
Section 211.192--Specifies the information that must be maintained
on the investigation of discrepancies found in the review of all drug
product
[[Page 31344]]
production and control records by the quality control staff.
Section 211.194--Explains and describes laboratory records that
must be retained.
Section 211.196--Specifies the information that must be included in
records on the distribution of the drug.
Section 211.198--Specifies and describes the handling of all
complaint files received by the applicant.
Section 211.204--Specifies that records be maintained of returned
and salvaged drug products and describes the procedures involved.
Written procedures, referred to here as standard operating
procedures (SOPs), are required for many part 211 records. The current
SOP requirements were initially provided in a final rule published in
the Federal Register of September 29, 1978 (43 FR 45014), and are now
an integral and familiar part of the drug manufacturing process. The
major information collection impact of SOPs results from their
creation. Thereafter, SOPs need to be periodically updated. A combined
estimate for routine maintenance of SOPs is provided in table 1 of this
document. The 25 SOP provisions under part 211 in the combined
maintenance estimate include:
Section 211.22(d)--Responsibilities and procedures of the quality
control unit;
Section 211.56(b)--Sanitation procedures;
Section 211.56(c)--Use of suitable rodenticides, insecticides,
fungicides, fumigating agents, and cleaning and sanitizing agents;
Section 211.67(b)--Cleaning and maintenance of equipment;
Section 211.68(a)--Proper performance of automatic, mechanical, and
electronic equipment;
Section 211.80(a)--Receipt, identification, storage, handling,
sampling, testing, and approval or rejection of components and drug
product containers or closures;
Section 211.94(d)--Standards or specifications, methods of testing,
and methods of cleaning, sterilizing, and processing to remove
pyrogenic properties for drug product containers and closures;
Section 211.100(a)--Production and process control;
Section 211.110(a)--Sampling and testing of in-process materials
and drug products;
Section 211.113(a)--Prevention of objectionable microorganisms in
drug products not required to be sterile;
Section 211.113(b)--Prevention of microbiological contamination of
drug products purporting to be sterile, including validation of any
sterilization process;
Section 211.115(a)--System for reprocessing batches that do not
conform to standards or specifications, to insure that reprocessed
batches conform with all established standards, specifications, and
characteristics;
Section 211.122(a)--Receipt, identification, storage, handling,
sampling, examination and/or testing of labeling and packaging
materials;
Section 211.125(f)--Control procedures for the issuance of
labeling;
Section 211.130--Packaging and label operations, prevention of
mixup and cross contamination, identification and handling of filed
drug product containers that are set aside and held in unlabeled
condition, and identification of the drug product with a lot or control
number that permits determination of the history of the manufacture and
control of the batch;
Section 211.142--Warehousing;
Section 211.150--Distribution of drug products;
Section 211.160--Laboratory controls;
Section 211.165(c)--Testing and release for distribution;
Section 211.166(a)--Stability testing;
Section 211.167--Special testing requirements;
Section 211.180(f)--Notification of responsible officials of
investigations, recalls, reports of inspectional observations, and any
regulatory actions relating to good manufacturing practice;
Section 211.198(a)--Written and oral complaint procedures,
including quality control unit review of any complaint involving
specifications failures, and serious and unexpected adverse drug
experiences;
Section 211.204--Holding, testing, and reprocessing of returned
drug products; and
Section 211.208--Drug product salvaging.
In addition, the following regulations in parts 610 and 680 (21 CFR
parts 610 and 680) reference certain CGMP regulations in Part 211:
Sections 610.12(h), 610.13(a)(2), 610.18(d), 680.2(f), and 680.3(f). In
table 1 of this document, the burden associated with the information
collection requirements in these regulations is included in the burden
estimates under Sec. Sec. 211.165, 211.167, 211.188, and 211.194, as
appropriate.
Although most of the CGMP provisions covered in this document were
created many years ago, there will be some existing firms expanding
into new manufacturing areas and startup firms that will need to create
SOPs. As provided in table 1 of this document, FDA is assuming that
approximately 100 firms will have to create up to 25 SOPs for a total
of 2,500 records, and the Agency estimates that it will take 20 hours
per recordkeeper to create 25 new SOPs for a total of 50,000 hours.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Recordkeeping Burden \1\
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Average
Number of Number of Total annual burden per
21 CFR Section recordkeepers records per records recordkeeping Total hours
recordkeeper (in hours) \2\
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SOP maintenance (see list of 25 4,184 1 4,184 25 104,600
SOPs in the SUPPLEMENTARY
INFORMATION section of this
document)......................
New startup SOPs................ 100 25 2500 20 50,000
211.34.......................... 4,184 .25 1,046 30/60 523
211.67(c)....................... 4,184 50 209,200 15/60 52,300
211.68.......................... 4,184 2 8,368 1 8,368
211.68(a)....................... 4,184 10 41,840 30/60 20,920
211.68(b)....................... 4,184 5 20,920 15/60 5,230
211.72.......................... 4,184 .25 1,046 1 1,046
211.80(d)....................... 4,184 .25 1,046 6/60 105
211.100(b)...................... 4, 184 3 12,552 2 25,104
211.105(b)...................... 4,184 .25 1,046 15/60 262
211.122(c)...................... 4,184 50 209,200 15/60 52,300
211.130(e)...................... 4,184 50 209,200 15/60 52,300
[[Page 31345]]
211.132(c)...................... 1,698 20 33,960 30/60 16,980
211.132(d)...................... 1,698 .2 340 30/60 170
211.137......................... 4,184 5 20,920 30/60 10,460
211.160(a)...................... 4,184 2 8,368 1 8,368
211.165(e)...................... 4,184 1 4,184 1 4,184
211.166(c)...................... 4,184 2 8,368 30/60 4,184
211.173......................... 1,077 1 1,077 15/60 269
211.180(e)...................... 4,184 .2 837 15/60 209
211.180(f)...................... 4,184 .2 837 1 837
211.182......................... 4,184 2 8,368 15/60 2,092
211.184......................... 4,184 3 12,552 30/60 6,276
211.186......................... 4,184 10 41,840 2 83,680
211.188......................... 4,184 25 104,600 2 209,200
211.192......................... 4,184 2 8,368 1 8,368
211.194......................... 4,184 25 104,600 30/60 52,300
211.196......................... 4,184 25 104,600 15/60 26,150
211.198......................... 4,184 5 20,920 1 20,920
211.204......................... 4,184 10 41,840 30/60 20,920
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Total....................... .............. .............. .............. .............. 848,625
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ Burden estimates of less than 1 hour are expressed as a fraction of an hour in the format ``[number of
minutes per response] /60.''
Dated: May 24, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13441 Filed 5-27-11; 8:45 am]
BILLING CODE 4160-01-P