NDA/ANDA User Fee Acceptance Dates for Shutdown Filings
An FDA notice says that for NDAs and BLAs transmitted to the agency during the partial government shutdown, sponsors will have a five-day window (until 2/1) to pay the required user fee. If the fee is paid within that five-day period, the receipt date will be the first business day after FDA reopened (1/28). If the fee is not paid within this window, then the receipt date for the submission will be set to the date on which that liability is satisfied.
For ANDAs transmitted during the shutdown, sponsors will have a 20-day window (until 2/18) to pay the user fee. If the fee is satisfied within that 20-day period, then the receipt date will be set at 1/28. “If the fee is not satisfied within that 20-day period and the ANDA is found to otherwise meet the criteria for receipt, the receipt date for the submission will be set to the date on which that liability is satisfied,” FDA says.
FDA notes that if a user fee was transmitted during the shutdown period (check or wire transfer), then the agency held the payment until it could accept it on the first business day after the shutdown ended (1/28). lapse period ended. “Therefore, fee incurring submissions transmitted to FDA during the lapse period are treated as though they had been transmitted on the first business day that the FDA was once again authorized to accept FY 2019 user fees for those submissions, i.e., 1/28/2019,” it says.