FDA Proposal to Destroy Devices Refused U.S. Entry

Federal Register proposed rule: FDA is proposing a regulation to implement its new authority to destroy a device valued at $2,500 or less that has been refused admission into the U.S. The agency contends the public health benefit of the proposed rule would be the value of preventing additional illnesses or deaths by destroying, rather than returning, the refused devices if they pose a public health risk. It argues that the proposal, if finalized, would prevent re-importation and deter future shipments of refused devices subject to administrative destruction. Under the proposal, FDA would provide the device owner or consignee notice and an opportunity to appear and introduce testimony prior to the destruction. To view the notice, click here.

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