[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)] [Unknown Section] [Page ] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-29116] [Federal Register: November 28, 1994] _______________________________________________________________________ Part II Department of Health and Human Services _______________________________________________________________________ Food and Drug Administration _______________________________________________________________________ International Harmonization; Draft Policy on Standards; Availability; Notice DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 94D-0300] International Harmonization; Draft Policy on Standards; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is publishing a draft policy on its development and use of standards with respect to international harmonization of regulatory requirements and guidelines. Specifically, the draft policy is intended to address the conditions under which FDA participates with standards bodies outside of FDA, domestic or international, in the development of standards applicable to products regulated by FDA. The policy also covers the conditions under which FDA uses the resultant standards, or other available domestic or international standards, in fulfilling its statutory mandates for safeguarding the public health. DATES: Written comments by February 13, 1995. ADDRESSES: Submit written comments to the Dockets Management Branch (HFA-305), Food and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857. FOR FURTHER INFORMATION CONTACT: Linda R. Horton, Director, International Policy Staff (HF-23), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-443-2831. SUPPLEMENTARY INFORMATION: The text of the draft policy follows: International Harmonization of Regulatory Requirements and Guidelines I. Background The purpose of this document is to articulate FDA's policy on development and use of standards with respect to international harmonization of regulatory requirements and guidelines. As used throughout this document, the term ``standards'' includes what are commonly referred to as ``consensus standards,'' ``voluntary standards,'' and ``industry standards.'' Also, FDA sometimes adopts standards, making them mandatory regulatory requirements. Although the draft policy focuses on international harmonization and international standards, its principles are applicable as well to domestic standards activities in which FDA participates. A. Statutory Mandates for FDA-Regulated Products FDA is the principal regulatory agency within the Public Health Service (PHS). The agency protects the public health by, among other things, implementing statutory provisions designed to ensure that food is safe and otherwise not adulterated or misbranded; that human and veterinary drugs, human biological products, and medical devices are safe and effective; that cosmetics are safe; and that electronic product radiation is properly controlled. FDA-regulated products must be truthfully and accurately labeled and in compliance with all applicable laws and regulations. The statutory mandates for safeguarding the public health in these product sectors are prescribed in several statutes, notably in the Federal Food, Drug, and Cosmetic Act; the Public Health Service Act; and the Fair Packaging and Labeling Act. B. International Harmonization of Regulatory Requirements In recent decades, great changes in the world economy, together with expanded working relationships of regulatory agencies around the globe, have resulted in increased interest in international harmonization of regulatory requirements. Increased international commerce, opportunities to enhance public health through cooperative endeavors, and scarcity of government resources for regulation have resulted in efforts by the regulatory agencies of different nations to work together on standards and harmonize their regulatory requirements. Such harmonization enhances public health protection and improves government efficiencies by reducing both unwarranted contradictory regulatory requirements and redundant applications of similar requirements by multiple regulatory bodies. Harmonization facilitates cooperation in regulatory activities. In 1991, the FDA Task Force on International Harmonization was formed to provide a broad assessment of the goals, scope, and direction of FDA's international harmonization activities. These activities were found to comprise a wide variety of efforts by FDA to retain and strengthen its public health safeguards, while trying to reach common ground with its foreign government counterparts on product standards, criteria for the assessment of test data, and enforcement procedures. Based on these findings, the task force, in its report of December 1992, formulated a number of recommendations for the agency, including an overall policy with goals and general principles. As reflected in that report, the FDA policy on international harmonization is: ``* * * to encourage the initiation and support of efforts, consistent with the goals and principles below, that will further the international harmonization of standards and policies for the regulation of products for which FDA has authority.'' 1. Goals FDA's goals in participating in international harmonization activities are:To safeguard U.S. public health, To assure that consumer protection standards and requirements are met, To facilitate the availability of safe and effective products, To develop and utilize product standards and other requirements more effectively, and To minimize or eliminate inconsistent standards internationally. 2. General Principles FDA participation in international harmonization should be guided by the following general principles: The harmonization activity should be consistent with U.S. Government policies and procedures and should promote U.S. interests with foreign countries. The harmonization activity should further FDA's mission to protect the public health by, among other things, ensuring that food is safe and otherwise not adulterated or misbranded; that human and veterinary drugs, human biological products, and medical devices are safe and effective as required by law; that cosmetics are safe; and that electronic product radiation is properly controlled; and that these products are labeled truthfully and informatively. FDA's input into international standard setting activities should be open to public scrutiny and provide the opportunity for the consideration of views of all parties concerned. FDA should accept, where legally permissible, the equivalent standards, compliance activities, and enforcement programs of other countries, provided that FDA is satisfied such standards, activities, and programs meet FDA's goals. Scientific and regulatory information and knowledge should be exchanged with foreign government officials, to the extent possible within legal constraints, to expedite the approval of products and protect public health. Thus, the agency's primary goal in all of its international harmonization activities is to preserve and enhance its ability to accomplish its public health mission. Global harmonization is also approached with the aim of enhancing regulatory effectiveness, by providing more consumer protection with scarce government resources, and increasing worldwide consumer access to safe, effective, and high quality products. C. Other Obligations and Policies 1. International Agreements The U.S. Government is a party to international trade agreements. In the United States, such trade agreements become effective only after implementing legislation is signed into law. FDA has participated in recent international trade negotiations to ensure that FDA's requirements are preserved and the regulatory practices can remain focused on fulfilling the agency's mission to protect the public health while being supportive of emerging, broader U.S. Government obligations and policies. The principal international trade agreement is the General Agreement on Tariffs and Trade (GATT), which entered into force on January 1, 1948. GATT has since been amended several times following negotiation sessions known as rounds. The GATT Agreement on Technical Barriers to Trade (TBT), popularly known as the Standards Code, was negotiated during the Tokyo Round of the GATT in the 1970's and entered into force on January 1, 1980. As part of a general effort to reduce unnecessary nontariff barriers to trade, the TBT agreement was intended to promote use by countries of standards, technical regulations, and conformity assessment procedures that have been developed by international standard bodies. To assure that such harmonization would not result in lowering safety or quality standards for U.S. consumers, the implementing legislation for the TBT agreement, provided in the Trade Agreements Act of 1979 (Pub. L. 96-39; 19 U.S.C 2531-2582), provides additional authority for FDA's international standards activity and contains the safeguard that: ``* * * No standard-related activity of any private person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the standards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, essential security, environmental, or consumer interests and if such activity does not operate to exclude imported products which fully meet the objective of such activity.'' The most recent GATT round, the Uruguay Round, was concluded on December 15, 1993, and was formally signed at the Marrakech Ministerial Meeting on April 15, 1994. Congressional consideration of the legislation to implement the Uruguay Round is now occurring. One of the agreements of the Uruguay Round, the new GATT agreement on TBT, is similar in many respects to the 1980 TBT agreement. As with the 1980 TBT agreement, the purpose of the new TBT agreement is to ensure that product standards, technical regulations, and related procedures do not create unnecessary obstacles to trade. The new World Trade Organization (WTO) will administer the new TBT agreement, and every country that is a member of the WTO will be required to adhere to it. The new TBT agreement ensures, and clearly states, that each country has the right to establish and maintain technical regulations for the protection of human, animal, and plant life, and health of the environment and for prevention against deceptive practices. The new TBT agreement provides that each country may determine its appropriate level of protection and ensures that the encouragement to use international standards as the bases for technical regulations will not result in ``downward harmonization.'' In the new TBT agreement, the term ``standard'' is defined as: ``[A] document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory (emphasis added). It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method.'' Also, ``technical regulation'' is defined as: ``[A] document which lays down product characteristics or their related processes and production methods, including applicable administrative provisions, with which compliance is mandatory (emphasis added). It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a product, process or production method.'' Thus, in the language of the new TBT agreement, when a government acts to adopt a voluntary standard to make it mandatory, the resulting document is a technical regulation. A measure used to ascertain compliance with a standard or technical regulation is a conformity assessment procedure. The new TBT agreement continues and strengthens the reference to international standards found in the 1980 TBT agreement. Specifically, the agreement states that, where technical regulations are required and relevant international standards exist or their completion is imminent, WTO-member countries shall use them, or the relevant parts of them, as a basis for their technical regulations, except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfillment of the legitimate objectives pursued. Further, the agreement states that with a view towards harmonizing technical regulations on as wide a basis as possible, WTO-member countries shall play a full part within the limits of their resources in the preparation by appropriate international standards bodies of international standards for products for which they either have adopted or expect to adopt technical regulations. Another agreement of the Uruguay Round is the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). SPS pertains to those measures intended: (1) To protect animal or plant life or health within a territory from risks arising from the entry, establishment, or spread of pests, diseases, disease carrying organisms, or disease causing organisms; (2) to protect human or animal life or health within a territory from risks arising from additives, contaminants, toxins, or disease-causing organisms in foods, beverages, or feedstuffs; (3) to protect human life or health within a territory from risks arising from diseases carried by animals, plants, or products thereof, or from entry, establishment, or spread of pests; or (4) to prevent or limit other damage within a territory from the entry, establishment, or spread of pests. The SPS agreement like the new TBT agreement encourages use of international standards. The SPS agreement refers specifically to standards established by the Codex Alimentarius Commission, as discussed below. The North American Free Trade Agreement (NAFTA) also contains TBT and SPS agreements similar to those in the new GATT agreements to be administered by WTO. 2. Internal U.S. Government The United States Office of Management and Budget (OMB), in its revision to OMB Circular No. A-119 (58 FR 57643, October 26, 1993), provides policy on Federal use of standards and agency participation in voluntary standards bodies and standards-developing groups: ``It is the policy of the Federal Government in its procurement and regulatory activities to: a. Rely on voluntary standards, both domestic and international, whenever feasible and consistent with the law and regulation pursuant to law; b. Participate in voluntary standards bodies when such participation is in the public interest and is compatible with agencies' missions, authorities, priorities, and budget resources; and c. Coordinate agency participation in voluntary standards bodies so that: (1) The most effective use is made of agency resources and representatives; and (2) the views expressed by such representatives are in the public interest and, as a minimum, do not conflict with the interests and established views of the agencies.'' OMB Circular No. A-119 also establishes additional policy guidance and responsibilities for U.S. Government agencies. It is applicable to all executive agency participation in voluntary standards activities, domestic and international, but not to activities carried out pursuant to treaties and international standardization agreements. The term ``standard,'' as defined in OMB Circular No. A-119, means: ``* * * a prescribed set of rules, conditions, or requirements concerned with the definition of terms; classification of components; delineation of procedures; specification of dimensions, materials, performance, design, or operations; measurement of quality and quantity in describing materials, products, systems, services, or practices; or descriptions of fit and measurement of size.'' The circular defines ``voluntary standards'' as: ``* * * established generally by private sector bodies, both domestic and international, and are available for use by any person or organization, private or governmental. The term voluntary standard includes what are commonly referred to as ``industry standards'' as well as ``consensus standards,'' but does not include professional standards of personal conduct, institutional codes of ethics, private standards of individual firms, or standards mandated by law, such as those contained in the United States Pharmacopeia and the National Formulary, as referenced in 21 U.S.C. 351.'' These definitions in OMB Circular No. A-119 conform to common usage and are consistent with the usage of these terms throughout this policy document. It should be noted that under the TBT, ``standards'' are considered to be nonmandatory (i.e., voluntary) unless promulgated into mandatory technical regulations. II. Standards Programs and Practices Within FDA A. Purpose of FDA Involvement in Standards The central purpose of FDA involvement in the development and use of standards is to assist the agency in fulfilling its public health, regulatory missions. The agency intends to participate in the development of standards, domestic or international, and adopt or use standards when such action will enhance its ability to protect consumers and the effectiveness or efficiency of its regulatory efforts. In doing so, FDA recognizes that standards often serve as useful adjuncts to agency regulatory controls and that economies of time and human resources are often realized in solving problems when consensus-building activities are undertaken and conducted in open, public arenas. The working together of FDA staff with other professionals outside the agency in standards bodies effectively multiplies the technical resources available to FDA. Further, standards bodies generally have in place procedures for periodically reviewing and updating completed standards, thus extending the resource-multiplier effect, as well as keeping the solutions current with the state of knowledge. The economy of effort translates into monetary savings to the agency, regulated industries, and ultimately consumers. Further, using standards, especially international ones, is a means to facilitate the harmonization of FDA regulatory requirements with those of foreign governments, to better serve domestic and global public health. Another benefit of participating in the development of standards at both domestic and international levels is that in sharing technical information with technical groups and professionals outside FDA, staff members have opportunities to learn of other viewpoints on an issue, to establish scientific leadership, and to remain informed of state-of-the-art science and technology. B. Past and Present Activities FDA has been involved in standards activities for many years, and in June 1977 the agency promulgated a final regulation at 21 CFR 10.95 (Sec. 10.95) covering the participation by FDA employees in standards-setting activities outside the agency. This regulation encourages FDA participation in standards setting activities that are in the public interest and specifies the respective circumstances under which FDA employees can participate in various types of standards bodies. Standards activities of multilateral organizations such as the World Health Organization (WHO) and the Organization for Economic Cooperation and Development (OECD) are often important to FDA and frequently involve multiple product types. For example, OECD is developing Genetic Toxicology Test Guidelines that are of interest to all FDA Centers. Similarly, guidelines developed under the International Programme on Chemical Safety of the WHO relate to chemicals that may be in a wide variety of FDA-regulated products, such as food additives, pesticides, drugs, animal drugs, biologics, and devices. 1. Foods and Veterinary Medicine FDA's Center for Food Safety and Applied Nutrition (CFSAN) and Center for Veterinary Medicine (CVM) actively participate in the development of international standards by the Codex Alimentarius Commission (Codex). Codex is an international organization formed in 1962 to facilitate world trade in foods and to promote consumer protection. It is a subsidiary of two United Nations groups, the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Codex standards cover products such as food commodities, food additives, food contaminants, and residues of veterinary drugs in food. FDA officials chair two Codex committees, the Food Hygiene Committee and the Residues of Veterinary Drugs in Foods Committee, and participate in many others. Through its involvement, FDA has been influential in the establishment of a number of Codex standards. FDA's procedures for reviewing Codex standards for purposes of regulation are codified in 21 CFR 130.6. In 1988, the governments of the United States and Canada entered into the U.S.-Canada Free Trade Agreement (now largely superseded by NAFTA). Since then, officials from CFSAN and CVM have participated in technical working groups responsible for implementation of the chapter of the agreement that deals with agriculture, food, beverage, and related goods (the CUSFTA Groups). Officials from CFSAN and CVM also participate in the development of standards by such domestic and international groups as the Food Chemicals Codex (FCC), the Association of Official Analytical Chemists International (AOAC), expert committees of the WHO, the International Organization for Standardization (ISO), and other international consensus standards bodies. Standards developed by these organizations are used by industry, both in the United States and abroad. These standards provide industry with guidance for food grade materials and processes, and thus help elevate the quality of food and food chemicals in domestic and international trade. CFSAN has adopted many FCC and ASTM standards and AOAC methods, incorporating them into regulations for both food additives and generally recognized as safe food ingredients. CFSAN also refers industry to relevant FCC, Codex, or ASTM standards when discussing particular issues related to good manufacturing practices. CFSAN accepts many AOAC and equivalent methods for use by laboratories in assaying food and in testing for contaminants in food. CVM accepts many AOAC and equivalent methods for use by laboratories in testing for drug residues in animal tissues. CVM also is working towards harmonizing its approach to the development of standards for drug residues in animal tissues with those of Codex. 2. Biologics and Drugs There has been active international standard setting for biological products for more than 50 years. Officials from FDA's Center for Biologic Evaluation and Research (CBER) serve as experts or members of a variety of international committees which perform standard-setting functions. Activities have encompassed collaborative studies to establish international units of measure and to develop internationally accepted standards and requirements for control of biologics, including WHO requirements. Efforts have been directed to many kinds of biological products, including vaccines, human blood and plasma products, blood testing reagents, and allergenic extracts, and have extended to biotechnology-derived growth factors, cytokines, and monoclonal antibody products. FDA's Center for Drug Evaluation and Research (CDER), CBER, and the National Center for Toxicological Research (NCTR) actively participate in the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). This ongoing project begun in 1989 has been undertaken by governmental agencies responsible for regulation of drugs and by industry trade organizations from the European Union (EU), Japan, and the United States. Specifically, ICH is sponsored jointly by the Commission of the European Communities (CEC), the Japanese Ministry of Health and Welfare (MHW), FDA, the European Federation of Pharmaceutical Industries' Associations (EFPIA), the Japan Pharmaceutical Manufacturers Association (JPMA), and the Pharmaceutical Research and Manufacturers Association (PhMA) of the United States. In addition, the International Federation of Pharmaceutical Manufacturers Associations (IFPMA) participates as an umbrella organization for the pharmaceutical industry and provides the secretariat function for ICH, which operates under the direction of the ICH Steering Committee. The Steering Committee is comprised of representatives of these organizations. Official observer status has been given to WHO, the European Free Trade Area (EFTA), and the Health Protection Branch of Canada. The purposes of ICH are to: (1) Provide a forum for a dialogue between regulatory agencies and the pharmaceutical industry on differences in the technical requirements for product registration (i.e., requirements for product marketing) in the EU, Japan, and the United States; (2) identify areas where modifications in technical requirements or greater mutual acceptance of research and development procedures could lead to more efficient use of human, animal, and material resources without compromising safety, quality, and efficacy; and (3) make recommendations of practical ways to achieve greater harmonization in the interpretation and application of technical guidelines and requirements for registration. The work products of ICH, created in working groups of experts from the regulatory agencies and industry, consist of a series of consensus guidance documents. These guidance documents, after successive ICH steps of review and acceptance, including an opportunity for public review and comment in the respective jurisdictions, are forwarded to the regulatory agencies with the expectation that they will be formally adopted by the agencies. Officials from both CBER and CDER also participate in a consensus standard setting activity sponsored by the Council for International Organizations of Medical Sciences (CIOMS) that is aimed at standardizing the safety-related terminology used in adverse experience reporting. 3. Medical Devices FDA's Center for Devices and Radiological Health (CDRH) has had extensive involvement with standards in its regulation of medical devices and electronic products that emit radiation. The development of standards to solve problems related to medical devices involves many groups outside FDA. The interaction between CDRH and the manufacturing and health care communities that frequently occurs during the standards development process provides knowledge and insight into the use of products, problems, and the effectiveness of solutions. Frequently, the public discussion of the problem that occurs in the consensus-building process results in the manufacturers and the users of the subject medical device implementing the solution before a standard is formally completed. Thus, CDRH has encouraged participation in the development of standards as a useful adjunct to regulatory controls. CDRH's general policy on use and participation in the development of consensus standards was set forth in an open letter dated June 29, 1993, to all interested parties from the Director of CDRH. (This policy did not apply to mandatory performance standards (i.e., technical regulations) for class II medical devices as specified under the Medical Device Amendments of 1976 (Pub. L. 94-295). The Safe Medical Device Act of 1990, SMDA (Pub. L. 101-629), puts the promulgation of mandatory standards at the discretion of the agency.) Over 100 completed consensus standards and selected sections of additional draft standards that are not yet complete have been incorporated into guidance documents for applications for conducting clinical trials with investigational devices and applications for permitting devices to be marketed. Such guidance documents are widely disseminated by CDRH to all interested parties. Other standards used by CDRH, or which CDRH has helped to develop, concern measurement or test methods, or support good manufacturing practices and quality assurance. CDRH recently proposed to revise the good manufacturing practice regulations for medical devices, in part to ensure that they are compatible with specifications for quality systems contained in an international quality standard developed by ISO, namely ISO 9001 ``Quality Systems Part 1. Specification for Design/Development, Production, Installation, and Servicing'' (58 FR 61952, November 23, 1993). This standard (ISO 9001) is becoming widely recognized by medical device regulatory authorities worldwide and is finding application in many other industry sectors as well. CDRH officials, working with counterpart foreign government officials, are pursuing in step-wise fashion the harmonization of quality system inspection procedures and enforcement. The process of harmonizing regulatory requirements is facilitated by using an international standard as a basis. Such harmonization is not only recognized public policy, but for medical devices, it is explicitly encouraged by provisions of SMDA (Pub. L. 101-629), which states, in part, that ``* * * the Secretary may enter into agreements with foreign countries to facilitate commerce in devices between the United States and such countries consistent with the requirements of the Act.'' In a recent November 1993 program review, CDRH reported that it reviews and comments on more than 300 standards documents each year, participating in 388 standards efforts with 36 standards bodies; of these, 94 standards efforts with nine bodies are international. The experience CDRH has acquired over the years has provided the foundation for the standards policy it announced for its own use on June 29, 1993. The essential features of that policy are reflected in the draft FDA policy presented below. III. FDA Policy on Standards It is the intent of this policy to enable FDA to: (1) Continue to participate in international standards activities that assist it in implementing statutory provisions for safeguarding the public health, (2) increase its efforts to harmonize its regulatory requirements with those of foreign governments, including setting new standards that better serve public health, and (3) respond to laws and policies such as the Trade Agreements Act of 1979 (19 U.S.C. 2531) and OMB Circular No. A-119 that encourage agencies to use international standards that provide the desired degree of protection. Accordingly, it is the policy of FDA, concerning the development and use of standards that: A. FDA participation in standards development will be based on the extent to which the development activity and expected standard conform to certain factors, with consideration also being given to the resources available in FDA to devote to the effort and expected efficiencies to be gained as a result of the effort; the factors are as follows: 1. The standard contributes to safer, more effective, and higher quality products; 2. The standard is based on sound scientific and technical information and permits revision on the basis of new information; 3. The development process for the standard is transparent (i.e., open to public scrutiny), consistent with legal or procedural requirements, and commensurate with the codes of ethics that must be followed by FDA employees; 4. The development of an international standard that achieves the agency's public health objectives is generally, but not always, given a higher priority than the development of a domestic standard; 5. The development of a horizontal standard which applies to multiple types of products is generally, but not always, given higher priority than the development of a vertical standard which applies to a limited range of types of products; 6. Wherever appropriate for the product, the standard stresses product performance rather than product design, but where necessary, covers all factors required to ensure safety, effectiveness, and quality; and 7. The development process for the standard complies with applicable statutes, regulations, and policies, specifically including Sec. 10.95 and OMB Circular A-119. B. FDA is not bound to use standards developed with FDA participation. For example, the agency will not use a standard when, in the judgment of FDA, doing so will compromise the public health. C. The uses of final (and selected draft or proposed) standards, or selected relevant parts, will include, where appropriate: (1) Incorporating such standards into guidance documents for nonclinical testing, applications for conducting clinical trials with investigational products, and applications for permitting products to be marketed; (2) conducting reviews of such applications; (3) incorporating such standards into compliance policy guides; (4) conducting reviews of test protocols used by firms as part of good manufacturing practices; (5) conducting reviews of study protocols submitted by firms as required for postmarket surveillance studies or programs; (6) serving as the basis for mandatory standards or other regulations promulgated by FDA; and (7) serving as the basis for reference (e.g., evaluation criteria) in a memorandum of understanding with other government agencies. D. The use of a standard in the regulatory programs of FDA is dependent upon the following factors: 1. The standard, if adhered to, would help ensure the safety, effectiveness, or quality of products; 2. The standard is based on sound science and is current; 3. The development process for the standard was transparent (i.e., open to public scrutiny), consistent with legal or procedural requirements, and commensurate with the codes of ethics that must be followed by FDA employees; 4. Where a relevant international standard exists or completion is imminent, it will generally be used in preference over a domestic standard, except when such international standard would be, in FDA's judgment, insufficiently protective, ineffective or otherwise inappropriate; 5. Where a relevant horizontal standard which applies to multiple types of products exists or completion is imminent, it will generally be used in preference over a vertical standard, which applies to a limited range of types of products, except when such horizontal standard would be ineffective or otherwise inappropriate; 6. Wherever appropriate for the product, the standard stresses product performance rather than product design, but where necessary, covers all factors required to ensure safety, effectiveness, or quality; and 7. The standard is not in conflict with any statute, regulation, or policy under which FDA operates. E. FDA has a senior official who will serve as the Standards Executive, as specified in OMB Circular No. A-119, to serve on an Interagency Committee on Standards Policy (ICSP). At present, the Standards Executive is the Director, International Policy Staff. F. FDA employees will comply with agency regulations (Sec. 10.95) covering participation in standard setting activities outside the agency. Invitation to Comment Interested persons may, on or before February 13, 1995, submit to the Dockets Management Branch (address above) written comments regarding this draft policy. Two copies of any comments are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the office above between 9 a.m. to 4 p.m., Monday through Friday. Dated: November 18, 1994. William K. Hubbard, Interim Deputy Commissioner for Policy. [FR Doc. 94-29116 Filed 11-25-94; 8:45 am] BILLING CODE 4160-01-F