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U.S. Department of Health and Human Services

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Administrative Destruction of Certain Drugs Refused Admission to the United States (Proposed Rule)

This rule proposes to implement FDA’s authority to destroy a drug valued at $2,500 or less (or such higher amount as the Secretary of the Treasury may set by regulation) that has been refused admission into the United States under the Federal Food, Drug, and Cosmetic Act (FD&C Act), by providing to the owner or consignee notice and an opportunity to appear and introduce testimony to the Agency prior to the destruction. The proposed regulation is authorized by amendments made to the FD&C Act by the Food and Drug Administration Safety and Innovation Act (FDASIA).  This authority is intended to better protect the public health by providing an administrative process for the destruction of certain refused drugs, thus increasing the integrity of the drug supply chain.

Regulatory Impact Analysis

Administrative Destruction of Certain Drugs Refused Admission to the United States (Proposed Rule) (PDF - 117KB)