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21 U.S.C. § 360d

Performance standards

United States · Title 21 — FOOD AND DRUGS · Status: effective

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21 U.S.C. § 360d, Performance standards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454271
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Full text

A performance standard established under subsection (b) for a device— shall, where necessary to provide reasonable assurance of its safe and effective performance, include— In carrying out his duties under this subsection and subsection (b), the Secretary shall, to the maximum extent practicable— A notice of proposed rulemaking for the establishment or amendment of a performance standard for a device shall— The Secretary— Not later than 60 calendar days after the Secretary receives such a request, the Secretary shall— Subject to subparagraph (B), the Secretary shall accept a declaration of conformity that a device is in conformity with a standard recognized under paragraph (1) unless the Secretary finds— The Secretary shall establish a program under which— The Secretary may— following such review, take additional measures under this chapter, as the Secretary determines appropriate, such as— if the Secretary becomes aware of information materially bearing on the safety or effectiveness of a device for which an assessment of conformity was supported by testing conducted by a testing laboratory accredited under this subsection, take such additional measures under this chapter, as the Secretary determines appropriate, such as— The Secretary shall make available on the internet website of the Food and Drug Administration an annual report on the progress of the program under this subsection.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 94-295(S. 510)1976-05-28
    Medical Device Amendments of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-460(H.R. 9019)1976-10-08
    Health Maintenance Organization Amendments of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-629(H.R. 3095)1990-11-28
    Safe Medical Devices Act of 1990
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-300(S. 2783)1992-06-16
    Medical Device Amendments of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-80(H.R. 2900)1993-08-13
    Nutrition Labeling and Education Act Amendments of 1993
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-115(S. 830)1997-11-21
    Food and Drug Administration Modernization Act of 1997
    House: no recorded tallySenate: 98–2
  • Amended byPub. L. 112-144(S. 3187)2012-07-09
    Food and Drug Administration Safety and Innovation Act
    House: no recorded tallySenate: 96–1
  • Amended byPub. L. 114-255(H.R. 34)2016-12-13
    21st Century Cures Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-52(H.R. 2430)2017-08-18
    FDA Reauthorization Act of 2017
    House: no recorded tallySenate: 94–1
  • Amended byPub. L. 117-180(H.R. 6833)2022-09-30
    Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023