GUIDANCE DOCUMENT
Consideration of Enforcement Policies for In Vitro Diagnostic Tests During a Section 564 Declared Emergency Guidance for Industry and Food and Drug Administration Staff September 2025
- Docket Number:
- FDA-2023-D-5365
- Issued by:
-
Guidance Issuing OfficeCenter for Devices and Radiological Health
FDA plays a critical role in protecting the United States from threats such as emerging infectious diseases and other threats. FDA is issuing this final guidance to describe the factors we intend to assess when deciding to issue an enforcement policy regarding test manufacturers’ offering of certain unapproved in vitro diagnostic tests during a future relevant declared emergency under section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act).
Submit Comments
You can submit online or written comments on any guidance at any time (see 21 CFR 10.115(g)(5))
If unable to submit comments online, please mail written comments to:
Dockets Management
Food and Drug Administration
5630 Fishers Lane, Rm 1061
Rockville, MD 20852
All written comments should be identified with this document's docket number: FDA-2023-D-5365.