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Sec. 820.1e Scope

 

 

 

(e) Exemptions or variances. (1) Any person who wishes to petition for an exemption or variance from any device quality system requirement is subject to the requirements of section 520(f)(2) of the act. Petitions for an exemption or variance shall be submitted according to the procedures set forth in § 10.30 of this chapter, the FDA`s administrative procedures. Guidance is available from the Center for Devices and Radiological Health, Division of Small Manufacturers Assistance (HFZ-220), 1350 Piccard Dr., Rockville, MD 20850, U.S.A., telephone 1-800-638-2041 or 1-301-443-6597, FAX 301-443-8818.

Interpretation:

It’s rare, but if you would like to be considered for an exemption or variance the FDA is willing to listen.  One area where it would be likely to apply is where specific information is given for a particular device.  In the case of a device you may ask to have the FDA consider a lower classification. 

 

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Reference: www.FDA.gov

 

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