21 U.S.C. § 360h-1 — Program to improve the device recall system

(a) In general The Secretary shall— (1) establish a program to routinely and systematically assess information relating to device recalls and use such information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices; (2) clarify procedures for conducting device recall audit checks to improve the ability of investigators to perform those checks in a consistent manner; (3) develop detailed criteria for assessing whether a person performing a device recall has performed an effective correction or action plan for the recall ; and (4) document the basis for each termination by the Food and Drug Administration of a device recall. (b) Assessment content The program established under subsection (a)(1) shall, at a minimum, identify— (1) trends in the number and types of device recalls ; (2) devices that are most frequently the subject of a recall ; and (3) underlying causes of device recalls . (c) Definition In this section, the term “ recall ” means— (1) the removal from the market of a device pursuant to an order of the Secretary under subsection (b) or (e) of section 360h of this title ; or (2) the correction or removal from the market of a device at the initiative of the manufacturer or importer of the device that is required to be reported to the Secretary under section 360i(g) of this title . (June 25, 1938, ch. 675, § 518A, as added Pub. L. 112–144, title VI, § 605 , July 9, 2012 , 126 Stat. 1053 ; amended Pub. L. 114–255, div. A, title III, § 3101(a)(2)(K) , Dec. 13, 2016 , 130 Stat. 1154 .) Editorial Notes Amendments 2016—Subsecs. (c), (d). Pub. L. 114–255 redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Secretary shall document the basis for the termination by the Food and Drug Administration of a device recall. ”

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