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Commissioning

What is the FDA State/Local Commissioning and Credentialing Program?

The Commissioning Program was developed to make inter-agency cooperation more effective and, hence, increase the amount of protection afforded to the American consumer. The program was designed to utilize the potential of State and local officials to perform specifically designated functions that are subject to Federal jurisdiction.

Any officer or employee of a State, territory or a political subdivision thereof can be commissioned as an officer of the Department of Health and Human Services. For more information on Commissioning including the Commission application and renewal process see: Regulatory Procedures Manual, Chapter 3, Subchapter – Commissioning, Work Sharing, and Information Sharing.

What authorities are granted by an FDA Commission?

An FDA Commission enables a state or local public health official to conduct contract inspections and other FDA-sanctioned activities under the authority of federal law. It authorizes the official to receive FDA-owned non-public information, as well as disclose that information to other commissioned officials and FDA employees in order to protect the public health. Commissioned officials are the nexus of the invaluable partnership between the FDA and our state and local counterparts.

Commissioned employees with credentials: May conduct inspections and collect samples under an FDA Partnership or contract even if the official’s own state/local laws do not provide such authority.

Employees with a certificate of commission only: May review and receive certain pieces of FDA information usually considered confidential and not releasable to the general public. 

Why are commissions granted?

Commissions are primarily granted for the purposes of work sharing. To learn more about information sharing vehicles contact the Office of Policy and Risk Management at ORAOSPOPTestimony-InfoSharingTeam@fda.hhs.gov for most cases.

How are commissions Granted?

To seek a commission for tobacco retail compliance contact FDA’s Center for Tobacco Products at CTPTrainer@fda.hhs.gov. To seek a commission for all other commodities, contact your FDA District Office and/or State Liaison.  

How do I learn more about the Commissioning Program?

The specific operational details of the mechanics of the commissioning process may be found in the Regulatory Procedures Manual, Chapter 3, Subchapter – Commissioning, Work Sharing, and Information Sharing.

Contact the OP commissioning/credentialing program: Statecommissioning@fda.hhs.gov