Draft Inspection Refusal Guidance
FDA has published a draft guidance, Circumstances that Constitute Delaying, Denying, Limiting, or Refusing a Drug or Device Inspection, to define the types of behaviors (actions, inactions, or circumstances) that FDA considers to be delaying, denying, or limiting an inspection, or refusing to permit entry or inspection for the purposes of section 501(j) of the Federal Food, Drug, and Cosmetic Act. The document says the examples included in it are not meant to be an exhaustive list, but rather illustrate the most common situations that the agency has encountered in preparing for and conducting inspections, as well as situations that FDA anticipates may occur.
“FDA does not interpret the four terms describing prohibited behavior (delay, deny, limit, refuse) necessarily to be mutually exclusive,” the draft says. “Therefore, the behaviors described in the … scenarios may be examples of more than one type of prohibited behavior. Also note that, for purposes of this guidance, the term ‘facility’ is intended to include all establishments, factories, and warehouses covered by section 501(j).”