Section 513(g) of the Federal Food, Drug, and Cosmetic Act provides a pathway for medical device manufacturers to obtain information on the FDA’s recommendations regarding the classification of medical devices intended for FDA market approval in the United States. Under Section 513(g), medical device manufacturers may submit a written request to the FDA, and within 60 days, the FDA will provide a written response regarding the device classification and relevant regulatory requirements.
Device manufacturers typically submit a 513(g) request to determine whether regulations apply to a product intended for market release and whether the planned device is subject to 510(k) requirements. If a device manufacturer intends to modify the intended use of a device, a 513(g) request can be submitted to determine whether a 510(k) submission is required.
If a product does not meet the device classification requirements, the FDA will inform the medical device company accordingly. If the product meets classification requirements, the FDA will provide detailed information on its evaluation of the device type and classification, along with the relevant regulatory requirements for that classification. The FDA will also clarify whether a Premarket Approval (PMA) application, a 510(k) submission, or neither is required. Additionally, the FDA will indicate whether any guidance has been issued for this specific type of device and if other applicable requirements (such as those for radiation-emitting products) may be relevant.
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