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Sec. 820.1d Scope.

 

 

 

(d) Foreign manufacturers. If a manufacturer who offers devices for import into the United States refuses to permit or allow the completion of a Food and Drug Administration (FDA) inspection of the foreign facility for the purpose of determining compliance with this part, it shall appear for purposes of section 801(a) of the act, that the methods used in, and the facilities and controls used for, the design, manufacture, packaging, labeling, storage, installation, or servicing of any devices produced at such facility that are offered for import into the United States do not conform to the requirements of section 520(f) of the act and this part and that the devices manufactured at that facility are adulterated under section 501(h) of the act.

Interpretation:

If a foreign manufacturer denies the FDA access to their foreign facility (for an audit) the manufacturer risks having their products labeled as adulterated by the FDA.  Such products will be banned from entering the US and may be the subject of a recall.

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Reference: www.FDA.gov

 

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