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# Medical Device Code Enforcement Discretion Extended
- URL: https://www.fdaweb.com/medical-device-code-enforcement-discretion-extended/
- Published: 2021-05-20T12:00:00.000Z
- Updated: 2026-09-14T16:59:45.000Z
- Author: David McFarland
- Tags: Devices, #legacy-id-D5149366

FDA has published a guidance, *Enforcement Policy Regarding Use of National Health Related Item Code and National Drug Code Numbers on Device Labels and Packages*, extending to 9/24/23 the enforcement discretion date by which the agency does not intend to object to the use of legacy FDA identification numbers on device labels and packages for finished devices. The date had been 9/24/21 as set in an 8/30/16 guidance.

The [guidance](https://www.fda.gov/regulatory-information/search-fda-guidance-documents/enforcement-policy-regarding-use-national-health-related-item-code-and-national-drug-code-numbers?ref=fdaweb.com) says the agency believes it is appropriate and consistent with public health to extend the policy for an additional two years. FDA says the impact of the Covid-19 pandemic has changed priorities for many companies and delayed the change to a unique device identification system.

The guidance is being implemented immediately without public comment.