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Office of the Commissioner
Office of Management
Office of Financial Management
User Fees

The user fees team develops and maintains all user fee systems (PDUFA, MDUFMA, ADUFA, MQSA, Color Certification, and Export Certification) for accounts receivables, reports, invoices, and payment processes, receipts and deposits tracking, and data maintenance.

In coordination with the Division of Budget Execution and Control, the user fee team:

Develops allocation and spending plans including rent, other activities, central and program accounts related to user fee programs
Prepares the spending plans for user fee programs, including the PDUFA five-year plan
Prepares cost reporting to ensure the statutory triggers
Monitors staff utilization and completes special analyses as necessary

In coordination with the Office of Management, the user fee team:

Alerts management to any problems and recommends possible management actions pertaining to user fees
Negotiates with the centers and the Office of Regulatory Affairs on spending plans related to user fee triggers
Liaises with industry with questions or concerns about the user fee programs
Prepares answers to Congressional questions and participates in the budget process formulation of the user fee programs
Reviews and analyzes potential impacts of legislative or administrative proposals on user fee programs
Produces legislatively mandated annual financial reports to Congress for PDUFA, MDUFMA, and ADUFA
Reviews documents for the Agency to assess any impact on the user fee program

Different Types Of User Fees and Their Fee Rates

Animal Drug User Fee Act of 2003 (ADUFA)

The Animal Drug User Fee Act of 2003 (ADUFA), Public Law 108-130, amends the Federal Food, Drug, and Cosmetic Act. The ADUFA authorizes the Food and Drug Administration (FDA) to collect fees for certain animal drug applications, applications for supplements (for which safety or effectiveness data are required), products, establishments, and sponsors. The fees are used to enhance the performance of the animal drug review process and ensure that new animal drug products are safe and effective for animals as well as for the public with respect to animals intended for food consumption.

For more information about the ADUFA program, please visit: www.fda.gov/cvm/adufa.htm. Or, send your inquiries to cvmadufa@fda.gov for general questions.

Animal Drug User Fee Rates

Category	FY 2008
Application	$172,500
Application Supplement for Which Safety or Effectiveness Data are Required	$86,250
Establishment	$52,700
Sponsor	$43,900
Product	$4,125

For more information, see Federal Register Notice – Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2008 at http://edocket.access.gpo.gov/2007/pdf/E7-15027.pdf.

Now, Animal Drug User Fee Coversheet is available at www.fda.gov/oc/adufa/coversheet.html.

For information regarding the financial matters, please contact:
User Fees Financial Support Team
Office of Financial Management (HFA-100)
Food and Drug Administration
5600 Fishers Lane, Rockville, MD 20857
Tel: 301-827-9539 (8:30 am – 5:00 pm, ET)
Email: userfees@fda.gov

Color Additive Certification Fees

The establishment of the color additive certification fees, by the Federal Food, Drug, and Cosmetic Act, was to provide, equip, and maintain an adequate certification service for colors. In order to continue to maintain an adequate color certification program to compensate an increase in all costs of operating the program, FDA raised the fees for straight colors and repacks of certified color additive and color additive mixtures in Fiscal Year 2005. Please see Federal Register Notice – Color Additive Certification; Increase in Fees for Certification Services for detailed information. (www.fda.gov/ohrms/dockets/98fr/05-6155.pdf)

For more information about the Color Certification Program, please visit: www.cfsan.fda.gov/~dms/col-toc.html.

Color Additive Certification Fee Rates

Category	Current Rate
Fees for Straight Colors Including Lakes	$0.35 per pound of the batch covered but not less than $224
Repacks of Certified Color, Color Additives and Color Additives mixtures.	(1) 100 lbs. or less – $35 (2) More than 100 lbs. – $35 plus $0.06 for each pound over 100 lbs. and under 1000 lbs (3) More than 1000 lbs. – $89 plus $0.02 for each pound over 1000 lbs

Export Certificate Fees

The fees, authorized under the FDA Export Reform and Enhancement Act of 1996, allow the Food and Drug Administration (FDA) to partially recover its costs for personnel, equipment, supplies, printing and overhead. The legislation caps the fee at $175 per certificate.

For more information about the Export Certificate Program, please visit www.fda.gov/cber/gdlns/exprtcert.htm.

Export Certificate Fee Rates:

CBER

$175 for the first certificate
$175 for the second certificate for the same product(s) issued in response to the same request
$85 for each subsequent certificate for the same product(s) issued in response to the same request

CVM

$175 for the first certificate;
$155 for the second certificate for the same products(s) issued in response to the same request;
$70 for each subsequent certificate for the same product(s) issued in response to the same request.

CDER

$175 for the first certificate
$90 for the second certificate with attachments for the same product(s) issued in response to the same request
$40 for any subsequent certificates with attachments for the same products(s) issued in response to the same request

CDRH

$175 for the first certificate
$15 for any subsequent certificates issued for the same products(s) in response to the same request.

Mammography Quality Standards Act of 1992 (MQSA)

The Mammography Quality Standards Act (MQSA) of 1992 (Public Law 102-539) and the subsequent reauthorization Act require the Food and Drug Administration (FDA) to assess and collect fees from mammography facilities to cover the costs of inspections.

The current FDA MQSA inspection fee for a mammography facility with one unit is $1749 to $2,150 for inspections. An additional unit is $250 each. The fee for a follow-up inspection is $991 to $1,144. Facilities in Certifying States (Iowa and Illinois) should contact their State Certifying Agency to determine if the fees apply to them. The current fee FDA assesses on facilities operating within approved Certifying States (Iowa and Illinois) is $548. The option of grouping inspections for a fee discount continues for eligible mammography providers.

For additional information, see the Federal Register notice (72 FR 37027) published on July 6, 2007.

For more information about the MQSA program, please visit: www.fda.gov/cdrh/mammography/index.html.

MQSA Inspection Fee Rates

Table 1 - Annual* Inspection Fee by Number of Units ($250 each for additional unit)

Number of Units	Current Fees
1	$2,150
2	$2,400
3	$2,650
4	$2,900
5	$3,150
6	$3,400
7	$3,650
Follow-up Inspection Fee	$1,144
Facilities Operating Within Approved Certifying States (Iowa and Illinois)	$548

* Facilities selected for participation in the Inspection Demonstration Project authorizing biannual inspections pay this fee, as well.

Medical Device User Fee and Modernization Act of 2002 (MDUFMA)

The Medical Device User Fee and Modernization Act of 2002 (MDUFMA), Public Law 107-250, amends the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration (FDA) important new responsibilities, resources, and challenges. MDUFMA was signed into law on October 26, 2002. It has three particularly significant provisions:

User fees for premarket reviews.
Establishment inspections may be conducted by accredited persons (third-parties).
New regulatory requirements for reprocessed single-use devices.

Under MDUFMA, an application fee must be paid when certain device applications are submitted. Fee-paying applications include premarket applications (PMAs), product development protocols (PDPs), premarket reports (PMRs), modular PMAs, biologics license applications (BLAs), and certain supplements to all of them, as well as premarket notification submissions (510(k)'s).

The Medical Device User Fee Stabilization Act of 2005, P.L. 109-43, amends the Federal Food, Drug, and Cosmetic Act to adjust medical device user fees. It was signed on August 1, 2005.

Below is a brief summary of the law.

It repeals the fee revenue target amounts for FY 2006 and FY 2007.
It eliminates the inflation, workload, compensating, and final year adjustments of revenues used for setting fees.
It sets the premarket application fee for devices for FY 2006 and FY 2007.
It increases the annual gross receipts or sales threshold to $100 million to qualify for fee discounts or waivers.
And more.

For more information about Medical Device User Fee Stabilization Act of 2005, please visit: http://thomas.loc.gov/bss/d109/d109laws.html, and search for Public Law No. 109-43.

For more information about MDUFMA, and FY 2008 small business qualification form, please visit: www.fda.gov/cdrh/mdufma/index.html.

Now, the Medical Device User Fee Coversheet is available at www.fda.gov/oc/mdufma/coversheet.html.

Medical Device User Fee FY 2008 Rates

Category	Standard Fee	Small Business (Less Than or Equal to $100 million in gross receipts or sales)
Premarket Application (PMA, PDP, BLA)	$185,000	$46,250
Premarket Reporting (PMR)	$281,600	$107,008
1st premarket Application from firms with gross receipts or sales less than or equal to $30 million	Waived	Waived
Panel-Track PMA Supplement	$138, 750	$34,688
BLA Efficacy Supplement	$185,000	$46,250
180-Day PMA Supplement	$27,750	$6,938
Real-Time PMA Supplement	$12,950	$3,237
510(k) Premarket Notification	$3,404	$1,702

For more information, see Federal Register Notice – Medical Device User Fee Rates for Fiscal Year 2008 at http://www.fda.gov/cdrh/mdufma/092807-reauthorized.html.

Prescription Drug User Fee Act of 1992 (PDUFA)

In 1992, Congress passed the Prescription Drug User Fee Act (PDUFA). It was reauthorized by the Food and Drug Modernization Act of 1997, and again by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, which includes the Prescription Drug User Fee Amendments of 2002 reauthorizing user fees through fiscal year 2008. The President signed PDUFA III into law on June 12, 2002.

PDUFA authorizes the Food and Drug Administration (FDA) to collect fees from companies that produce certain human drug and biological products. Any time a company wants the FDA to approve a new drug or biologic prior to marketing. It must submit an application along with a fee to support the review process. In addition, companies pay annual fees for each manufacturing establishment and for each prescription drug product marketed.

For more information about the PDUFA program, please visit: www.fda.gov/cder/pdufa/.

From the beginning of 2005, companies and individuals can visit the FDA's website to complete your Prescription Drug User Fee Coversheet and obtain your user fee payment identification number online. This website will assist the companies and individuals to determine whether a fee is required for an application review. If so, how much fee is required. It also helps the FDA to track the application payments. For additional information, please visit www.fda.gov/oc/pdufa/coversheet.html.

Prescription Drug User Fee Rates

Category	FY 2008
Application Requiring Clinical Data	$1,178,000
Application Not Requiring Clinical Data	$589,000
Application Supplements Requiring Clinical Data	$589,000
Establishment	$392,700
Product	$65,030

For more information, see Federal Register Notice – Prescription Drug User Fee Rates for Fiscal Year 2008 at http://www.fda.gov/OHRMS/DOCKETS/98fr/07-5052.pdf.

Freedom of Information Act (FOIA) Fees

The FDA is required to provide information requested in writing or through electronic online rooms. For services provided, there are certain fees to the requestors. The FOIA Handbook explains how to request information and what the fees involved are: http://www.fda.gov/opacom/backgrounders/foiahand.html .

More information on FOIA can be found at http://www.fda.gov/foi/.

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Office of the Commissioner Office of Management Office of Financial Management User Fees