Food and Drug Administration Revitalization Act

Last updated
Food and Drug Administration Revitalization Act
Great Seal of the United States (obverse).svg
Long titleAn Act to amend the Federal Food, Drug, and Cosmetic Act to revitalize the Food and Drug Administration, and for other purposes.
NicknamesFood and Drug Administration Revitalization Act of 1990
Enacted bythe 101st United States Congress
EffectiveNovember 28, 1990
Citations
Public law 101-635
Statutes at Large 104  Stat.   4583
Codification
Acts amended Federal Food, Drug, and Cosmetic Act
Titles amended 21 U.S.C.: Food and Drugs
U.S.C. sections amended
Legislative history

The Food and Drug Administration Revitalization Act was introduced by the 101st Congress of the United States. Senator Orrin G. Hatch was the chairperson sponsor of the federal revitalization amendment for the Food and Drug Administration. [1]

Contents

The FDA revitalization was orchestrated by Commissioner of Food and Drugs Dr. David Kessler in pursuant of the congressional authorization permissible by 101st Senate bill 845; [2] [3] [4]

Elements of Food and Drug Administration Revitalization

The Title 21 amendment was signed into law on November 28, 1990, by the 43rd President of the United States George H. W. Bush.

Provisions of the Act

The Food and Drug Administration Revitalization Act of 1990 was penned with four legislative titles establishing a medium for the rejuvenation of the public health agency.

Title I: Administrative and Laboratory Facility Consolidation - 21 U.S.C. § 379b

General Services Administration provided authority to grant contracts for consolidated Food and Drug Administration facilities. The contracts shall be granted for the design, construction, and operation of consolidated Food and Drug Administration facilities.

Title II: Recovery and Retention of Fees for FOIA Requests - 21 U.S.C. § 379c

Charge fees shall be applied to recover reasonable costs incurred in processing Freedom of Information requests for records obtained or created under this Act.

Title III: Scientific Review Groups - 21 U.S.C. § 394

Technical and scientific review groups shall be established as needed to perform functions of the Food and Drug Administration.

Title IV: Automation of FDA - 21 U.S.C. § 379d

Agency shall automate appropriate activities of the Food and Drug Administration to ensure timely review of regulatory activities under this Act.

Related Research Articles

<span class="mw-page-title-main">Controlled Substances Act</span> United States drug-regulating law

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

<span class="mw-page-title-main">Food and Drug Administration</span> United States federal agency

The United States Food and Drug Administration is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, caffeine products, dietary supplements, prescription and over-the-counter pharmaceutical drugs (medications), vaccines, biopharmaceuticals, blood transfusions, medical devices, electromagnetic radiation emitting devices (ERED), cosmetics, animal foods & feed and veterinary products.

<span class="mw-page-title-main">Federal Food, Drug, and Cosmetic Act of 1938</span> Acts of the United States Congress

The United States Federal Food, Drug, and Cosmetic Act is a set of laws passed by the United States Congress in 1938 giving authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of food, drugs, medical devices, and cosmetics. The FDA's principal representative with members of congress during its drafting was Charles W. Crawford. A principal author of this law was Royal S. Copeland, a three-term U.S. senator from New York. In 1968, the Electronic Product Radiation Control provisions were added to the FD&C. Also in that year the FDA formed the Drug Efficacy Study Implementation (DESI) to incorporate into FD&C regulations the recommendations from a National Academy of Sciences investigation of effectiveness of previously marketed drugs. The act has been amended many times, most recently to add requirements about bioterrorism preparations.

<span class="mw-page-title-main">Comptroller General of the United States</span> Director of the Government Accountability Office

The comptroller general of the United States is the director of the Government Accountability Office, a legislative-branch agency established by Congress in 1921 to ensure the fiscal and managerial accountability of the federal government.

<span class="mw-page-title-main">David A. Kessler</span> American pediatrician & attorney (born 1951)

David Aaron Kessler is an American pediatrician, attorney, author, and administrator serving as Chief Science Officer of the White House COVID-19 Response Team since 2021. Kessler was the commissioner of the Food and Drug Administration (FDA) from November 8, 1990, to February 28, 1997. He co-chaired the Biden-Harris transition’s COVID-19 Advisory Board from November 2020 to January 2021 and was the head of Operation Warp Speed, the U.S. government program to accelerate the development of COVID-19 vaccines and other treatments, from January to February 2021.

<span class="mw-page-title-main">Drug Price Competition and Patent Term Restoration Act</span> US law

The Drug Price Competition and Patent Term Restoration Act, informally known as the Hatch-Waxman Act, is a 1984 United States federal law that established the modern system of generic drug regulation in the United States. The Act's two main goals are to facilitate entry of generic drugs into the market and to compensate the original drug developers for regulatory delays by the Food and Drug Administration. It is generally believed that the Act accomplished both goals: encouraging development of new medications and accelerating market entry of generics.

The Center for Biologics Evaluation and Research (CBER) is one of six main centers for the U.S. Food and Drug Administration (FDA), which is a part of the U.S. Department of Health and Human Services. The current Director of CBER is Peter Marks, M.D., PhD. CBER is responsible for assuring the safety, purity, potency, and effectiveness of biologics and related products. Not all biologics are regulated by CBER. Monoclonal antibodies and other therapeutic proteins are regulated by the FDA Center for Drug Evaluation and Research (CDER).

Title 21 is the portion of the Code of Federal Regulations that governs food and drugs within the United States for the Food and Drug Administration (FDA), the Drug Enforcement Administration (DEA), and the Office of National Drug Control Policy (ONDCP).

<span class="mw-page-title-main">Mammography Quality Standards Act</span> US law

The Mammography Quality Standards Act (MQSA) was enacted by the United States Congress to regulate the quality of care in mammography. The act was officially effective in 1994, and was extended in 2004 to continue through 2007. The U.S. Food and Drug Administration (FDA) began inspections of mammography facilities to ensure compliance in 1995. In 1997, more comprehensive regulation was added to become effective in 1999.

The Center for Food Safety and Applied Nutrition is the branch of the United States Food and Drug Administration (FDA) that regulates food, dietary supplements, and cosmetics, as opposed to drugs, biologics, medical devices, and radiological products, which also fall under the purview of the FDA.

<span class="mw-page-title-main">Prescription Drug User Fee Act</span> Legislation in the United States

The Prescription Drug User Fee Act (PDUFA) was a law passed by the United States Congress in 1992 which allowed the Food and Drug Administration (FDA) to collect fees from drug manufacturers to fund the new drug approval process. The Act provided that the FDA was entitled to collect a substantial application fee from drug manufacturers at the time a New Drug Application (NDA) or Biologics License Application (BLA) was submitted, with those funds designated for use only in Center for Drug Evaluation and Research (CDER) or Center for Biologics Evaluation and Research (CBER) drug approval activities. In order to continue collecting such fees, the FDA is required to meet certain performance benchmarks, primarily related to the speed of certain activities within the NDA review process.

The following outline is provided as an overview of and topical guide to clinical research:

<span class="mw-page-title-main">Regulation of food and dietary supplements by the U.S. Food and Drug Administration</span> Governmental regulation of food quality

The regulation of food and dietary supplements by the U.S. Food and Drug Administration is a process governed by various statutes enacted by the United States Congress and interpreted by the U.S. Food and Drug Administration ("FDA"). Pursuant to the Federal Food, Drug, and Cosmetic Act and accompanying legislation, the FDA has authority to oversee the quality of substances sold as food in the United States, and to monitor claims made in the labeling about both the composition and the health benefits of foods.

<span class="mw-page-title-main">Michael R. Taylor</span> American politician

Michael R. Taylor is an American lawyer who has played leadership roles in the US Food and Drug Administration, agrochemical company Monsanto, and law firm King & Spalding. He currently co-chairs the board of STOP Foodborne Illness, a non-profit that supports victims of serious illness and their families in efforts to strengthen food safety culture and practices in government and industry.

The Food and Drug Administration is a federal agency of the United States, formed in 1930.

<span class="mw-page-title-main">Food and Drug Administration (Philippines)</span> Government agency

The Food and Drug Administration (FDA) of the Philippines, formerly the Bureau of Food and Drugs, is a health regulatory agency under the Department of Health created on 1963 by Republic Act No. 3720, amended on 1987 by Executive Order 175 otherwise known as the "Food, Drugs and Devices, and Cosmetics Act", and subsequently reorganized by Republic Act No. 9711 otherwise known as "The Food and Drug Administration Act of 2009". The agency is responsible for licensing, monitoring, and regulation of cosmetics, drugs, foods, household hazardous products, medical devices and electromagnetic radiation emitting devices, pesticides, tobacco and related products, and vaccines for safety, efficacy, and quality in the Republic of the Philippines.

<span class="mw-page-title-main">Dietary Supplement Health and Education Act of 1994</span> 1994 statute of United States Federal legislation

The Dietary Supplement Health and Education Act of 1994 ("DSHEA"), is a 1994 statute of United States Federal legislation which defines and regulates dietary supplements. Under the act, supplements are regulated by the FDA for Good Manufacturing Practices under 21 CFR Part 111. The act was intended to exempt the dietary and herbal supplement industry from most FDA drug regulations, allowing them to be sold and marketed without scientific backing for their health and medical claims.

<span class="mw-page-title-main">Saccharin Study and Labeling Act of 1977</span> US law

Saccharin Study and Labeling Act of 1977 or Saccharin Study, Labeling and Advertising Act was a United States federal statute endorsing requirements for a scientific observation regarding the impurities in, potential toxicity, and problematic carcinogenicity of a non-nutritive sweetener better known as saccharin. The Act of Congress invoked an immediate eighteen month moratorium prohibiting the Secretary of Health, Education, and Welfare from pursuing regulatory implications by limiting the production and use of saccharin. The Act codified a warning label requirement advocating the non-nutritive sweetener had been discovered to yield carcinogenicity in laboratory animals.

<span class="mw-page-title-main">Tea Importation Act of 1897</span> US law

Tea Importation Act of 1897 was a United States public law forbidding the import of tea into the United States with excessive levels of fluoride, heavy metals, oxalate, and pesticides. The Act of Congress established a uniform standard of purity and quality while attempting to achieve the optimal health effects of tea and phenolic content in tea. The statute declared it unlawful to import into the United States "any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards kept at customhouses..." For nearly a century, Congress provided that no imported tea could enter the United States unless federal tea-tasters decided that it measured up to preselected standard samples. The law restricted the International trade of camellia sinensis.

<span class="mw-page-title-main">La Follette–Bulwinkle Act</span>

La Follette–Bulwinkle Act or Venereal Diseases Control and Prevention Act of 1938 sanctioned federal assistance to U.S. states establishing preventive healthcare for venereal diseases. The United States federal statute commissioned the United States Public Health Service for demonstrations, investigations, and studies as related to the control, prevention, and treatment of opportunistic infections. The public law amended the Army Appropriations Act of 1918 appending the judicial context which created the Division of Venereal Diseases within the Bureau of the Public Health Service.

References

  1. Hatch, Orrin G (1991). "The Future Direction of the Food and Drug Administration". Food, Drug, Cosmetic Law Journal. 46 (1). Food and Drug Law Institute: 15–20. JSTOR   26659270.
  2. Kessler, David A (January 1991). "Remarks by the Commissioner of Food and Drugs". Food, Drug, Cosmetic Law Journal. 46 (1). Food and Drug Law Institute: 21–26. JSTOR   26659271.
  3. Kessler, M.D., David A (May 1991). "Responding to the Challenge: A Revitalized FDA". Food, Drug, Cosmetic Law Journal. 46 (3). Food and Drug Law Institute: 391–394. JSTOR   26659032.
  4. Kessler, M.D., David A (1995). "Remarks by the Commissioner of Food and Drugs". Food and Drug Law Journal. 50 (2). Food and Drug Law Institute: 327–334. JSTOR   26659586.
  5. Hoeting, Alan L (1991). "The FDA's Philosophy of Enforcement". Food, Drug, Cosmetic Law Journal. 46 (2). Food and Drug Law Institute: 267–272. JSTOR   26659201.
  6. Hoeting, Alan L (1992). "The FDA's Enforcement Program". Food, Drug, Cosmetic Law Journal. 47 (4). Food and Drug Law Institute: 405–409. JSTOR   26659256.
  7. Cooper, M.D., Ellen C (1990). "Changes in Normal Drug Approval Process in Response to the AIDS Crisis". Food, Drug, Cosmetic Law Journal. 45 (4). Food and Drug Law Institute: 329–338. JSTOR   26659051.
  8. Levitt, Joseph A; Kelsey, John V (1993). "The Orphan Drug Regulations and Related Issues". Food and Drug Law Journal. 48 (4). Food and Drug Law Institute: 525–532. JSTOR   26659374.
  9. Williams, Jr., Troy E (1992). "FDA Investigators and Investigations in the 1990s". Food and Drug Law Journal. 47 (3). Food and Drug Law Institute: 279–286. JSTOR   26659216.
  10. 60 FR 41314
  11. Hilts, Philip J (April 29, 1994). "Scientists Say Cigarette Company Suppressed Findings on Nicotine". The New York Times.
  12. Leary, Warren E (June 22, 1994). "Cigarette Company Developed Tobacco With Stronger Nicotine; Head of F.D.A. Tells of Chemical Manipulation". The New York Times.

Observations of U.S. Government Accountability Office

Supplementary Resources