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U.S. Department of Health and Human Services

Medical Devices

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Who Must Register, List and Pay the Fee

Effective FY2013 (October 1, 2012) the requirements for medical device establishment registration and listing will change. Please see Medical Device Establishment Registration and Listing - Notice of Changes for FY 2013 for important information.

Frequently Asked Questions about the New Device Registration and Listing Requirements
 
Please contact reglist@cdrh.fda.gov for further information.

En Español

Establishments that are involved in the production and distribution of medical devices intended for commercial distribution in the United States (U.S.) are required to register annually with the FDA. Most establishments that are required to register are also required to list the devices and the activities performed on those devices at that establishment.

The following charts detail the requirements for registration and listing based on the type of activity performed at that establishment. The chart also includes a column showing which types of activities require payment of the establishment registration fee. See the Fee page for additional details.

Domestic establishments

ActivityRegisterListPay Fee
ManufacturerYES
807.20(a)
YES
807.20(a)
YES
Manufactures a custom deviceYES
807.20(a)(2)
YES
807.20(a)(2)
YES
Manufacturer of accessories or components that are packaged or labeled for commercial distribution for health-related purposes to an end userYES
807.20(a)(5)
 
YES
807.20(a)(5)
YES
Manufacturer of components that are distributed only to a finished device manufacturerNO
807.65(a)
NONO
U.S. Manufacturer of export only devicesYES
807.20(a)(2)
YES
807.20(a)(2)
YES
Relabeler or RepackagerYES
807.20(a)(3)
YES
807.20(a)(3)
NO
Contract manufacturer who commercially distributes the device for the specifications developerYES
807.20(a)(2),
YES
807.20(a)(2),
YES
Contract manufacturer who does NOT commercially distribute the device for the specifications developerNONONO
Contract manufacturer of subassembly or component, Contract Packager or LabelerNONONO
Contract sterilizer who commercially distributes the deviceYES
807.20(a)(2),
 
YES
807.20(a)(2),
 
YES
Contract sterilizer who does NOT commercially distribute the deviceNONONO
Kit AssemblerYES
807.20(a)
YES
807.20(a)
YES
Domestic DistributorNO
807.20(c)(3)
NO NO
Specification DeveloperYES
807.20(a)(1)
 
YES
807.20(a)(1)
YES
Specification Consultant OnlyNO
 
NONO
Initial Distributor/ImporterYES
807.40(a)
NO
Enforcement Discretion Used for 807.22(c)
NO
Device being investigated under IDENONO
807.40(c)
NO
Reprocessor of single use devicesYES
807.20
YES
807.20
YES
RemanufacturerYESYESNO
Maintains complaint files as required under 21 CFR 820.198
(Note: register as a manufacturer if physical manufacturing taking place at site, otherwise register as a specification developer)
YESYESYES


Foreign Establishments

Activity

Register

List

Pay Fee
Foreign ManufacturersYES
807.40(a)
YES
807.40(a)
YES
Foreign Exporter of devices located in a foreign countryYES
807.40 (a)
YES
807.40 (a)
NO
Contract Manufacturer whose device is shipped to U.S. by the contract manufacturer.YES
807.40(a)
YES
807.40(a)
YES
Contract Sterilizer whose sterilized device is shipped to U.S. by the sterilizer.YES
807.40(a)
YES
807.40(a)
YES
Reprocessor of Single-use DeviceYES
807.20(a)
YES
807.20(a)
YES
Custom Device ManufacturersYES
807.20(a)(2)
YES
807.20(a)(2)
YES
Relabeler or RepackagerYES
807.20(a)(3)
YES
807.20(a)(3)
NO
Kit AssemblerYES
807.20(a)
YES
807.20(a)
YES
Device Being Investigated under IDENO
812.1 (a)
NO
812.1(a),
807.40(c)
NO
Specification Developer YESYESYES
RemanufacturerYESYESNO
Manufacturer of components that are distributed only to a finished device manufacturerNO
807.65(a)
NONO
Maintains complaint files as required under 21 CFR 820.198
(Note: register as a manufacturer if physical manufacturing taking place at site, otherwise register as a specification developer)
YESYESYES


Definitions of Establishment Activities

Contract Manufacturer - Manufactures a finished device to another establishment's specifications.

Contract Sterilizer - Provides a sterilization service for another establishment's devices.

Foreign Exporter - Exports or offers for export to the United States (U.S.), a device manufactured or processed by another individual, partnership, corporation or association in a foreign country, including devices originally manufactured in the United States. A foreign exporter must have an establishment address outside the U.S.

Initial Distributor - Takes first title to devices imported into the U.S. An Initial Distributor must have a U.S. address.

Manufacturer - Makes by chemical, physical, biological, or other procedures, any article that meets the definition of "device" in Section 201(h) of the Federal Food, Drug, and Cosmetic (FD&C) Act.

Repackager - Packages finished devices from bulk or repackages devices made by a manufacturer into different containers (excluding shipping containers).

Relabeler - Changes the content of the labeling from that supplied from the original manufacturer for distribution under the establishment's own name. A relabeler does not include establishments that do not change the original labeling but merely add their own name.

Remanufacturer - Any person who processes, conditions, renovates, repackages, restores, or does any other act to a finished device that significantly changes the finished device's performance or safety specifications, or intended use.

Reprocessor of Single Use Devices – Performs remanufacturing operations on a single use device.

Specification Developer - Develops specifications for a device that is distributed under the establishment's own name but performs no manufacturing. This includes establishments that, in addition to developing specifications, also arrange for the manufacturing of devices labeled with another establishment’s name by a contract manufacturer.

U. S. manufacturer of export only devices – Manufactures medical devices that are not sold in the U.S. and are manufactured solely for export to foreign countries.

 

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