GDUFA 2 Changes Benefit Small Businesses: SBIA

Share

The CDER Small Business and Industry Assistance (SBIA) program says that changes included in the GDUFA 2 agreement now awaiting congressional action address small business concerns that arose under GDUFA 1. In an online SBIA Chronicles, CDER Division of User Fee Management and Budget Formulation generics branch chief Gisa Perez says that one of the primary concerns with GDUFA 1 was that it did not provide any relief for small business. She reports that GDUFA 2 addresses this concern in three ways: 

  •          rather than facilities incurring an annual facility fee if they are simply referenced in a pending or approved ANDA as in GDUFA 1, under GDUFA 2 they will be assessed an annual fee only when they are identified in an approved submission;
  •          under the GDUFA 2 user fee structure, there will be three tiers for the annual program fee based on the number of approved ANDAs owned by a firm and its affiliates—large (20 or more approved ANDAs, paying 100% of the fee), medium (6-19 approved ANDAs, paying 40% of the fee), and small (5 or fewer approved ANDAs, paying 10% of the fee); and
  •          within the Finished Dosage Form facility category, GDUFA 2 carves out a subcategory for contract manufacturing organizations defined as independent facilities contracted by ANDA sponsors to manufacture their generic drugs, which will pay only one-third of the annual fee paid by firms that manufacture ANDA products at facilities which they or their affiliates own.

Read more