Frequently Asked Questions (FAQ) for Freedom of Information
Topics on this Page:
Where should I send my FOIA request?
Can I submit my request online?
How will I know that FDA received my FOIA request?
Are there fees associated with the processing of FOIA requests?
How will I receive my records?
How do I pay my invoices?
How can I qualify for a fee waiver?
How will my request be processed?
Who should I call for information about the status of my request, or for more information about how to submit a request?
Q. Where should I send my FOIA request?
FOIA requests should be submitted through the submission portal at FDA Freedom of Information Act (FOIA) or through FOIA.gov. If your online submission is not possible, please mail your request to:
Food and Drug Administration
Division of Headquarters Freedom of Information
5630 Fishers Lane
Room-1035
Rockville, MD 20857
Requests submitted through the portal are received more quickly than with physical mail.
Q. Can I submit my request online?
Yes, this is our preferred method. You can submit your online request at: http://www.accessdata.fda.gov/scripts/foi/FOIRequest/index.cfm. or FOIA.gov.
Q. How will I know that FDA received my FOIA request?
The FOIA provides ten business days for an agency to log a FOIA request. You will receive an emailed or mailed copy of the acknowledgement letter. If you submitted your request through our online portal, you will receive an emailed copy of the acknowledgement letter. The acknowledgement letter will provide you with a control number for your request, a telephone number for any future contacts regarding your request, and a link to our webpage that explains FOIA processing fees. Please be sure to include your control number on any correspondence with the agency.
Q. Are there fees associated with the processing of FOIA requests?
Yes. However, there is no initial fee to make a FOIA request, and in some cases no fees are charged. For detailed information on processing fees, please see How to Make a FOIA Request. We encourage requesters to search for records on our website prior to making a request, as all materials on our website can be downloaded free of charge. If the agency estimates that processing your request will cost more than $250, the agency can require prepayment before records are released.
Q. How will I receive my records?
You will receive your response by email whenever possible. In some situations, the size or content of the responsive records make them unsuitable for email delivery. In such cases, we will determine an appropriate alternative delivery method.
Q. How do I pay my invoice?
You can pay via wire transfer (invoices/prepayments) or the payment portal.
See the FOIA Fees page for detailed information.
Q. How can I qualify for a fee waiver?
Fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. In order to qualify for a fee waiver, you must meet the criteria set forth at 21 C.F.R. 20.46. For further information, please see http://www.access.gpo.gov/nara/cfr/waisidx_04/21cfr20_04.html.
Q. How will my request be processed?
After DHFOI receives your request, it will be logged into the agency’s tracking system and assigned a control number. DHFOI will assign your request to the appropriate subject matter experts (SME's) for processing, and then send you the acknowledgement letter. The assigned SME's will search for the responsive records and then review each page for deletion of information that is deemed non-public under the FOIA’s statutory exemptions and FDA’s regulations. The SME's will then release the records to you and assess applicable processing fees. If you accrue fees, you will receive an invoice. If no records responsive to your request were found, the agency will inform you of that result in writing. If records are located but the agency denies access to those records under the FOIA’s statutory exemptions, you will receive a formal letter of denial, which includes an explanation of your appeal rights.
Q. Who should I call for information about the status of my request, or for more information about how to submit a request?
You can call the telephone number provided in your acknowledgment letter, or you can call the Public Reading Room at 301-796-3900.