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Code · BILL · 117th Congress · H.R. 4128 (Introduced in House) — To amend the Federal Food, Drug, and Cosmetic Act to provide for the regulation of in vitro clinical tests, and for o... · Sec. 8

Sec. 8. Combination products

343 words·~2 min read·/bill/117/hr/4128/ih/section-8

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Section 503(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(g) ) is amended— in paragraph (1)— in subparagraph (A)— by inserting (except for a combination product constituted of a device and an in vitro clinical test) after agency center, ; and by inserting in vitro clinical test, before or biological product ; and in subparagraph (D)— in the matter preceding clause (i), by striking . If the Secretary determines and inserting , except for a combination product constituted of a device and an in vitro clinical test.
For other combination products, if the Secretary determines ; and in clause (ii)— by inserting or in vitro clinical test after device ; and by inserting and in vitro clinical tests before shall ; in paragraph (3), by striking safety and effectiveness or substantial equivalence and inserting safety and effectiveness, substantial equivalence, or analytical validity and clinical validity before for the approved constituent part ; in paragraph (4)— in subparagraph (A), by striking or 513(f)(2) (submitted in accordance with paragraph (5)) and inserting 513(f)(2) (submitted in accordance with paragraph (5)), 587B, or an exempt test under section 587A, as applicable ; and in subparagraph (B), by inserting or 587B after section 515 ; in paragraph (5)(A), by striking or 510(k) and inserting , 510(k), or 587B ; in paragraph (7), by striking or substantial equivalence and inserting , substantial equivalence, or analytical validity and clinical validity ; in paragraph (8), by adding at the end the following:
This paragraph shall not apply to a combination product constituted of a device and an in vitro clinical test. ; and in paragraph (9)— in subparagraph (C)(i), by striking or 520(g) and inserting 520(g), or 587B ; and in subparagraph (D), by striking or 520 and inserting 520, or 587B . Section 563 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–2 ) is amended by adding at the end the following: This section shall not apply to a combination product constituted of a device and an in vitro clinical test. .
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  • 21 USC 360bbb–2
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Sec. 8
Combination products
Cite21 USC 360bbb–2
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