21 U.S.C. § 360d
Performance standards
United States · Title 21 — FOOD AND DRUGS · Status: effective
Cite this
- Citation
- 21 U.S.C. § 360d, Performance standards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/454271
- Permanent ID
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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.
- Medical Device Amendments of 1976House: no recorded tallySenate: no recorded tally
- Health Maintenance Organization Amendments of 1976House: no recorded tallySenate: no recorded tally
- Safe Medical Devices Act of 1990House: no recorded tallySenate: no recorded tally
- Medical Device Amendments of 1992House: no recorded tallySenate: no recorded tally
- Nutrition Labeling and Education Act Amendments of 1993House: no recorded tallySenate: no recorded tally
- Food and Drug Administration Modernization Act of 1997House: no recorded tallySenate: 98–2
- Food and Drug Administration Safety and Innovation ActHouse: no recorded tallySenate: 96–1
- 21st Century Cures ActHouse: no recorded tallySenate: no recorded tally
- FDA Reauthorization Act of 2017House: no recorded tallySenate: 94–1
- Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023