RFD Process

Assignment of Combination Products/ Product Jurisdiction Program

 

The Office of Combination Products (OCP) assigns review responsibility for combination products. In accordance with section 503(g)(1) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 353(g)(l)), the agency is required to assign premarket review responsibility for combination products based on the product's "primary mode of action." The existing intercenter agreements provide guidance on some combination product assignments. The Office is also responsible for designating the component of FDA with primary jurisdiction for the premarket review and regulation of any product requiring a jurisdictional designation under 21 CFR Part 3. Such decisions may involve determinations of the regulatory identity of a product as a drug, device, biologic, or combination product; and the agency component that will have jurisdiction for any drug, device, or biological product where such jurisdiction is unclear or in dispute.

 

By submitting a "Request for Designation" (RFD), a company may obtain a formal agency determination of a combination product’s primary mode of action and of assignment of the lead agency center for the product’s premarket review and regulation, or of the agency component that will have jurisdiction for any drug, device, or biological product where such jurisdiction is unclear or in dispute. The agency will make its jurisdictional determination within 60 days of filing the RFD. The RFD process is outlined in 21 CFR Part 3 , and 21 CFR 3.7 outlines the information required in an RFD submission. RFD submitters are encouraged to review the agency's guidance "How to Write a Request for Designation (RFD)," prior to submitting an RFD. The goal of this guidance is to help a sponsor understand the type of information FDA needs to determine the regulatory identity of a product as a drug, device, biological product, or combination product, and to assign the product to the appropriate agency component for review and regulation. This guidance reflects the final rule defining the primary mode of action of a combination product (PMOA Final Rule) published in the Federal Register on August 25, 2005. The PMOA Final Rule was effective November 23, 2005. Companies and FDA centers may also informally request assistance from OCP in working out difficult jurisdictional issues.

 

To facilitate our processing of your RFD, please send an electronic version to combination@fda.gov in addition to the official request, which should be mailed to:

 

Office of Combination Products

Food and Drug Administration

15800 Crabbs Branch Way (HFG-3)

Suite 200

Rockville, MD 20855

(301) 427-1934

(301) 427-1935 fax

email: combination@fda.gov

 

Product sponsors may also contact OCP directly for informal classification and jurisdictional assignment determinations.  It is recommended that product sponsors contact OCP prior to submission of a formal RFD to determine if such a request would be needed.