CHAPTER 2 - BIOLOGICS
Return to Compliance Guides Table of Contents
CONTENTS
Sub Chapter 200 - 220: General
205.100 Standards and Minimum Requirements for Biologic Products
210.100 Licensing - Changes to be Reported to the Office of Biologics
210.150 Importation of Licensed Biologic Products for Human Use
215.100 IND Filings; Completion of Applicable Portions Prior to Final
Action on License Applications or License Amendments
220.100 Interstate Shipment of Biological Products for Use in Medical
Emergencies
Sub Chapter 230: Blood
230.100 Blood and Blood Products - Definitions
230.110 Registration of Blood Banks and Others Firms Collecting,
Manufacturing, Preparing or Processing Human Blood or
Blood Products
230.120 Human Blood and Blood Products as Drugs
230.130 Adequate Space for Determination of Donor Suitability
Sub Chapter 231: Platelets
231.100 Platelets, Pooled
231.110 Quality Control Testing of Platelet Concentrate (Human)
and Cryoprecipitated Antihemophilic Factor (Human)
231.120 Time Period for Separation of Platelets from Platelet-Rich
Plasma When Preparing Platelets and Fresh Frozen Plasma
231.130 Storage of Platelet Concentrate (Human) for up to Five Days
Sub Chapter 250 - 256: Plasma
250.100 Source Plasma - Guidelines for Informed Consent Forms
250.500 Plasma Brokers - Registration and Compliance with Good
Manufacturing Practices
251.100 Schedule of Physical Examination for Donors Receiving
Immunization Injections
252.100 Source Plasma - Regulatory Action Based on Overbleeding
253.100 Use of Units of Plasma and Fresh Frozen Plasma Which Have
Been Thawed
254.100 Source Plasma - Use of Units from Donors Subsequently
Found to be Reactive to a Serologic Test for Syphilis
255.100 Quantitative Testing for Serum Proteins in Plasmapheresis
Donors
256.100 Plasmapheresis - 48-hour Period Between Plasmapheresis
Procedures
Sub Chapter 270 - 275: Non-blood Products
270.100 Final Container Labels - Allergenic Extracts Containing
Glycerin; Reporting Changes
275.100 Immune Milk
|
__________________________________________
Sub Chapter 200
- 220 General
Sec. 205.100 Standards and Minimum Requirements
for Biologic Products (CPG 7134.03)
BACKGROUND:
The Title 21 of the Code of Federal Regulations, Subchapter F, Part
600 to 680 contains the Regulations for the manufacture of biologic products
and the Additional Standards for biologics requiring U.S. licensure.
Additional Standards have been published for the following bacterial,
viral, blood, diagnostic and miscellaneous biologics:
1. Pertussis Vaccine
2. Typhoid Vaccine
3. Anthrax Vaccine Adsorbed
4. Poliomyelitis Vaccine
5. Poliovirus Vaccine, Live, Oral
6. Measles Virus Vaccine, Live, Attenuated
7. Measles Virus Vaccine, Inactivated
8. Mumps Virus Vaccine, Live
9. Rubella Virus Vaccine, Live
10. Smallpox Vaccine
11. Measles-Smallpox Vaccine, Live
12. Whole Blood []
13. Red Blood Cells
14. Cryoprecipitated Antihemophilic Factor []
15. Source Plasma []
16. Immune [] Globulin (Human)
17. Measles Immune Globulin (Human)
18. Diphtheria Toxin for Schick Test
19. Tuberculin
20. Antibody to Hepatitis B Surface Antigen
21. Leukocyte Typing Serum
22. Allergenic Products
23. Trivalent Organic Arsenicals
24. *Platelets*
25. GMP Blood and Blood Components
26. Blood Grouping *Reagent*
27. Reagent Red Blood Cells
28. Cholera Vaccine
29. BCG Vaccine
30.* * Plasma []
31.* * Albumin (Human)
32. Plasma Protein Fraction (Human)
33. Blood Grouping Substances
34. Hepatitis B Surface Antigen
35. Anthrax Vaccine, Adsorbed
Minimum Requirements remain in effect for biologic preparations for
which standards have not been published as follows:
1. Anti-Human Serum for Anti-globulin Test
2. Anti-Rabies Serum
3. Antivenin
4. Bacterial vaccines (No. U.S. Standard of Potency)
5. Diphtheria Antitoxin
6. Diphtheria Toxoid
7. Hemophilus influenza Typing Serum
8. Influenza Virus Vaccine, Types A&B
9. Rabies Vaccine
10. Rocky Mountain Spotted Fever Vaccine
11. Streptokinase-Streptodornase
12. Tetanus Antitoxin
13. Tetanus and Diphtheria Toxoids Combined Precipitated Adsorbed (For
Adult Use)
14. Tetanus Toxoid
15. Typhus Vaccine
There are a number of biologic products for which Minimum Requirements
are no longer in effect because the manufacture of the products has been
discontinued by licensed manufacturers of the products concerned, or, as
in the case of Yellow Fever Vaccine, the World Health Organization Standards
are now used in lieu of Minimum Requirements.
POLICY:
Present *Center for Biologics Evaluation and Research* policy is to
prepare Additional Standards rather than Minimum Requirements for biologic
products since Minimum Requirements have not been kept current. In those
instances where there is an inconsistency between a provision in the Minimum
Requirements with a provision in the Regulations contained in 21 CFR, Part
600 to 680, the Regulations take precedence.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 7/15/74
Revised: 10/5/79, 10/1/80, 3/95
Sec. 210.100 Licensing - Changes to be
Reported to the *Director, Center for Biologics Evaluation and Research*
- 21 CFR 601.12 (CPG 7134.05)
BACKGROUND AND POLICY:
All licensed manufacturers are aware that important proposed changes
in location, equipment, management and responsible personnel or in manufacturing
methods and labeling of any product shall be reported to the Director,
*Center for Biologics Evaluation and Research (CBER),* by the manufacturer,
30 days in advance of the time such changes are intended to be made, unless
in case of emergency. Failure to report a change may *constitute* grounds
for suspension and/or revocation of a license.
Reporting of a change in the Responsible Head or in managerial-level
positions should be accompanied by a curriculum vitae of the individual
nominated for the position and a statement *of understanding* from the
nominee that he/she has read and is familiar with applicable sections of
*Title 21, Code of Federal* Regulations relating to the manufacture of
biologic products. A change in the Responsible Head shall not be instituted
until the manufacturer has received notification of acceptance of the change.
Similarly, reporting a change in the location of the licensed manufacturing
facility must be accompanied by an amended establishment license application
*and product license apllication (PLA) amendment if process changes occur*,
signed and dated by the Responsible Head, and a detailed floor plan of
the new manufacturing facility. Biologics manufactured or prepared at the
new location shall not be distributed under license until the manufacturer
has received notification of acceptance of the location *(and amended PLA,
if applicable)*.
In accordance with 21 CFR 601.12*(b) important* proposed changes in
manufacturing methods and labeling also may not become effective until
notification of acceptance is received from *CBER*.
*Material between asterisks is new or revised*
Issued: 7/19/76
Revised: 10/1/80, 3/95
Sec. 210.150 Importation of Licensed *Biological*
Products for Human Use (CPG 7134.09)
BACKGROUND:
*Prior to 1974,* permits *were issued* for the importation of all *licensable
biological* products and biologic materials subject to the short supply
provisions of the regulations *(21 CFR 601.22).* In July 1974, *biological
products* became subject to a dual import clearance process when FDA began
processing entries of all regulated commodities through the use of the
FD-700 set which is completed by the broker or importer of record, and
submitted to the FDA District Office with jurisdiction over the port of
entry.
Manufacturer's Memorandum of May 24, 1976, eliminated this duplication
of effort by notifying all licensed manufacturers, who ship or import licensed
*biological* products of the discontinuance of permit issuances.
NOTE: *Biological* products for veterinary use are subject to U.S.D.A.
jurisdiction; no FDA permit or FD-700 set is required for their importation.
POLICY:
Materials subject to regulation as biologics should be cleared by use
of the FD-700 set by the FDA District Office with jurisdiction over the
port of entry.
The *Center for Biologics Evaluation and Research (CBER)* will consider
the provisions of 21 CFR 601.31, (requirement for filing with the *CBER*
the name and address of each consignee) to have been fulfilled, if a copy
of the completed FD-701 is sent by the licensed foreign establishment or
its agent to *CBER.*
*Material between asterisks is new or revised*
Issued: 7/28/76
Revised: 12/16/76, 10/1/80, 3/95
Sec. 215.100 IND Filings; Completion of
Applicable Portions Prior to Final Action on License Applications or License
*Supplements* (CPG 7134.07)
BACKGROUND AND POLICY:
No final action will be taken by the *Center for Biologics Evaluation
and Research* on license applications or license *supplements* that involve
clinical studies conducted under an IND filing until final reports for
all applicable clinical studies have been received and reviewed by the
*appropriate division within the Office of Blood Research and Review, Office
of Vaccine Research and Review, or Office of Therapeutics Research and
Review* and found to be complete and satisfactory. These IND submissions
should include detailed summary reports for each clinical investigator
as well as the sponsor's detinical summary and evaluation of the safety
and efficacy of the product. A description of the final disposition of
the *remaining lots of the* experimental drug should also be provided.
In order to prevent unnecessary delays, it is recommended that this
information be submitted under the IND filing at the same time the final
clinical data *report* is submitted under the pertinent pending license
application or license *supplement.*
*Material between asterisks is new or revised*
Issued: 7/19/76
Revised: 10/1/80, 3/95
Sec. 220.100 Interstate Shipment of *Biological*
Products for Use in Medical Emergencies (CPG 7134.11)
BACKGROUND:
*The interstate shipment for* sale, barter or exchange of any
*biological* product [] is prohibited unless it has been manufactured
at an establishment which holds an unsuspended and unrevoked license, pursuant
to Section 351 of the Public Health *Service* Act.
Occasionally, when a medical emergency arises, an establishment may
be requested to ship an unlicensed *biological* product interstate.
POLICY:
Unscheduled and infrequent interstate shipments of *biologicals products,*
not intended for sale, barter, or exchange, for use in medical emergencies,
for which documentation is maintained and made available for Agency examination,
do not *ordinarily* constitute the types of transactions which would require
licensure.
The Agency *reserves* the right to review the documentation relating
to such incidents on an individual basis, to prevent the shipment of unlicensed
products under the guise of responding to a medical emergency. Such documentation
must be maintained at the establishment which ships the product in response
to the emergency.
If, after thorough review of all documentation and other pertinent information,
the Agency determines that the incident was an attempt to circumvent the
regulations, regulatory action *should* be considered.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 12/1/77 as 7134.12
Revised: 10/1/80, 3/95
Sub Chapter 230 Blood
Sec. 230.100 Blood and Blood Products
- Definitions (CPG 7134.12)
BACKGROUND:
Out of necessity, the Center for *Biologics Evaluation and Research
(CBER) and the industry have established terminology used to designate
specific blood products. Although these products may be mentioned in the
regulations, they often are not fully defined. The intent of this guide
is to define and clarify that terminology about which confusion has been
expressed.
POLICY:
Recovered [] Plasma
Recovered [] Plasma is derived from single units of Whole Blood, or
* * Plasma, or as a by-product in the preparation of blood components from
whole blood collection. It is an unlicensed raw material intended for use
in the manufacture of both licensed and unlicensed products, such as licensed
fractionation products for injection, licensed diagnostic products; and
diagnostic products not subject to license, including clinical chemistry
controls. A license is not required to manufacture, distribute, relabel,
pool, or repack Recovered [] Plasma.
When Recovered [] Plasma is to be used in licensed products, it must
be shipped in full compliance with the provisions of 21 CFR 601.22 (Short
Supply) by the short supplier (the initial manufacturer) or an authorized
agent (the licensed manufacturer's agent) solely to the manufacturer under
whose license the short supplier or an authorized agent is on file. Recovered
[] Plasma for use in manufacturing licensed products may be pooled by the
short supplier if complete records, including donor numbers for each unit
pooled, are maintained. Any product manipulated by an authorized agent
cannot be shipped under the short supply provisions.
Recovered [] Plasma pooled by other than the short supplier or manufacturer
may be sold for use only in manufacturing unlicensed products, including
clinical chemistry controls, and must be labeled, inter alia, "Not
for use in products subject to license under Section 351 of the Public
Health Service Act".
All firms that manufacture, relabel, pool, or repack recovered human
plasma are required to register and follow appropriate GMP's for blood
and blood products. Dealers who act only as authorized agents and do not
take physical custody of the product are exempted from the registration
requirements.
Salvaged [] Plasma
Salvaged [] Plasma is the name give to plasma originally collected as
Source Plasma [], but because of: 1) its exposure to storage temperatures
in excess of 10o C; or 2) its collection during a period of
noncompliance (usually, material in inventory at the time of license suspension
due to deviations which occurred during the manufacturing of those units,
and which affect or may affect the safety, purity, or potency of the plasma,)
is not permitted to be used as a licensed product. It is restricted to
use in the manufacture of products not subject to license under Section
351 of the Public Health Service Act.
Short Supply
The concept of "Short Supply" as it pertains to blood products
recognizes that: 1) there are only a limited number of persons who can
serve as donors of blood which contains high concentrations of antibodies
needed for the preparation of special blood typing serums and immune globulins;
and 2) Recovered [] Plasma is a valuable resource for fractionation products.
In order to have access to these source materials throughout the country,
licensed manufacturers are permitted to use other persons or firms, not
a part of their own establishment, to collect blood and plasma and to perform
the initial and partial manufacturing steps required to prepare these intermediate
products for shipment to the licensed manufacturer.
To utilize the short supply provisions (21 CFR 601.22), the manufacturer
holding a license to prepare the finished biological product must establish
with his suppliers, those procedures, inspections, tests or other arrangements
necessary to assure full compliance with the applicable regulations. A
list of suppliers with whom the licensed manufacturer has a short supply
agreement must be on file at the *CBER*. No products can be obtained under
short supply until proper agreements have been entered into by the licensed
manufacturer of the final product and the person or firm actually collecting
the source material. No source material collected prior to the completion
of such agreements, or subsequent to their terminations, may be shipped
to or utilized by the licensed manufacturer.
When utilizing the short supply provisions, the supplier must ship the
short supply product directly to the licensed manufacturer, or, under certain
circumstances, to an authorized agent under contract with the licensed
manufacturer. The supplier must maintain physical and property control
over the product at all times until it is shipped to the licensed manufacturer
of the final product. **
Short supply provisions also apply to a few other non-blood products.
Licensed Blood Bank Reagents and Diagnostic Products
Licensed blood bank reagents (e.g., blood grouping sera, HBsAg test
kits) are under the jurisdiction of the *CBER.*
Therapeutic Exchange Plasma (TEP)
Therapeutic Exchange Plasma is the plasma obtained from therapeutic
plasmapheresis. In this procedure, a patient's plasma is incrementally
removed and replaced with electrolyte and/or protein solutions or plasma.
The procedure is intended to remove harmful elements from the patient's
circulation.
Patients undergoing therapeutic plasma exchange may suffer from a wide
variety of disorders, such as autoimmune or paraproteinemic conditions,
idiopathic thrombocytopenic purpura and kidney disease, and other disorders
that may be associated with transmissible etiologic agents. Antibodies
derived from TEP may be used only to manufacture special in-vitro diagnostic
reagents which are not available from any other source.
TEP intended for further manufacture is a biolgocial product subject
to the licensing provisions of section 351(a) of the Public Health Service
Act.
Any firm intending to collect and ship TEP in interstate commerce for
sale, barter or exchange must first obtain a U.S. license. Licensed manufacturers
of Source Plasma * * must obtain a separate license for TEP, which is a
different product.
It is emphasized that therapeutic plasmapheresis of a patient is a medical
procedure which is used at the discretion of physicians and consequently
is not within the purview of FDA. However, a firm must obtain a U.S. license
when the plasma collected from the therapeutic procedure is intended or
offered for sale, barter or exchange in interstate commerce for further
manufacture.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 4/10/78 as 7134.14
Revised: 10/5/79, 6/18/80, 10/1/80, 11/1/83, 3/95
Sec. 230.110 Registration of Blood Banks
and Other Firms Collecting, Manufacturing, Preparing or Processing Human
Blood or Blood Products (CPG 7134.01)
BACKGROUND:
The November 12, 1975 Federal Register1 announced the
amendment and revision of 21 CFR, Part 207 and Part 601.11 by the addition
of Part 607, Registration of Human Blood and Blood Product Establishments
and Listing of Blood and Blood Products. This announcement transferred
administrative responsibility to the Office of Biologics Research and Review
*((currently the Center for Biologics Evaluation and Research (CBER))*
for the registration of blood establishments and the listing of blood products
and designated form FDA 2830 (Blood Establishment Registration and Product
Listing) for such purposes. *On April 1, 1984, the Drug Listing Branch,
Office of Compliance, Center for Drugs and Biologics, assumed this function.*
Subsequently, Section 6072 was amended to exempt transfusion
services and clinical laboratories approved by the Health Care Finance
Administration (HCFA) for reimbursement under its Medicare program from
registration in order to reflect an FDA/HCFA interagency agreement (CPG
7155e.03) transferring routine inspection responsibility for these firms
to HCFA.
To aid in the implementation of the FDA/HCFA agreement, form FDA 2830
was revised for the calendar year 1980 registration to ascertain each respondent's
eligibility for exemption. Eligible firms were then exempted from further
registration when the final rule exempting these facilities was published
December 30, 1980. Subsequently, these exempt firms did not register in
calendar year 1981. Effective October 1, 1979, the FDA was no longer responsible
for routine inspection of these exempt facilities:
Clinical Laboratories - Those facilities which test donor blood or plasma
for hepatitis (HBsAg), serum protein and syphilis in support of the preparation
of the blood products by other establishments. In general, whether these
are large firms with numerous testing contracts for plasma, or small firms
doing a "followup" hepatitis (HBsAg) test on an emergency collection
sample, they usually participate in a Medicare program and will be inspected
by a HCFA approved certification agent.
Occasionally, a firm will consolidate "in-house" testing at
a specialized location not Medicare approved. Should FDA need to inspect
such laboratories, specific assignments will be issued.
Transfusion Services - A transfusion service is a hospital facility
or portion of a hospital facility engaged in compatibility testing and
transfusion of blood and blood products but which neither routinely collects
nor processes blood and blood products (except red blood cells). If a hospital
is approved by HCFA for reimbursement under one of its Medicare programs
and does not routinely collect blood or process whole blood into components
(except red blood cells) it will no longer be inspected by FDA except on
an individual assignment basis. "Routinely" refers to functions
performed on a regular basis, including autologous collections but does
not include emergency or therapeutic collections. An emergency situation
is that which demands immediate action, suitably documented in writing,
as determined by a responsible person. In addition, transfusion services
that process whole blood into plasma products, e.g., recovered plasma,
intended solely for further manufacturing use will not be required to register.
Freezing, deglycerolizing, washing, rejuvenating or removing the leukocytes
from red blood cells are acts requiring registration. Most federal, non-military
transfusion services not Medicare approved will remain the responsibility
of FDA field personnel (military banks will continue to be inspected by
the Office of Biologics Research and Review Personnel).
Unless exempt as above, the types of establishments that must register
and the blood components and products that determine eligibility for registration
include any facility which by chemical, physical, biological, or other
procedures makes human blood or blood products. This includes: (1) manipulation,
sampling, testing, or utilization of control procedures, whether applied
to the final product or to any other part of the manufacturing process;
(2) repackaging or otherwise changing the containers, wrapper or labeling
of any blood or blood products package in furtherance of distribution of
the product from the original place of manufacture to the person who makes
the final delivery to the ultimate consumer; (3) processing (including
storage under controlled conditions) and any other work that is performed
on human blood or blood products themselves; (4) testing as blood grouping
as well as compatibility testing when performed by a non-Medicare approved
establishment in conjunction with a transfusion of blood or blood components.
Accurate registration by a firm is essential so that, as appropriate, exemptions
can be made.
Registration is also required of blood banks or other establishments that
collect or supply blood cells, serum or plasma for the manufacture of a
drug, or as a component in the manufacture of laboratory reagents and controls,
including those non-Medicare approved establishments that supply outdated
pooled plasma to manufacturers of fractionation products or laboratory
control reagents. Finally, all establishments that manufacture plasma by
plasmapheresis will be required to register, regardless of whether the
plasma so manufactured is to be used for fractionation, unlicensed laboratory
control reagents, licensed blood grouping serums, hepatitis associated
antibody, or any other diagnostic reagents made from plasma.
POLICY:
Those blood banks and other human blood or blood product establishments
required to register under Section 510 of the FD&C Act and Title 21,
CFR Section 607 include:
A. Blood banks and other establishments collecting, manufacturing, relabeling,
or preparing human blood, blood components, or products including establishments
preparing components from blood or blood products received from other banks
or sources. For example, community blood banks, hospital blood banks which
collect or prepare components (except red blood cells not otherwise manipulated
by freezing, rejuvenating, etc.) manufacturers of albumin, blood grouping
serums, other blood diagnostic products, etc.
B. Blood banks and other non-hospital establishments that collect or
prepare blood cells, serums, or plasma for further manufacture into a drug
or device including components used in the manufacture of laboratory reagents
or controls such as a "in-house" drawing facility for a diagnostic
manufacturer.
C. All plasmapheresis establishments.
D. Establishments which store and distribute blood or blood products
under specific controlled conditions such as community blood bank distribution
centers and plasma brokers with storage facilities.
E. Hospital transfusion services engaged in compatibility testing which
neither routinely collect (including autologous but excluding therapeutic
or emergency) or prepare blood or blood products, but which are not approved
for a Medicare reimbursement, such as VA, military, and some PHS hospitals.
F. Testing laboratories which are not approved for a Medicare reimbursement
program such as "in-house" testing laboratories used by large
source plasma fractionators.
Establishments which are solely Medicare approved testing laboratories
or hospital transfusion services are not required to register.
Firms which fail to register will be identified by the Office of Compliance
by assignment memo in accordance with FMD 92, part IV.D.3 by April 1, of
each year. Following district office contact of each firm, a final list
of firms which have failed to register will be prepared by July 1. Compliance
Branches will then initiate appropriate regulatory action as required by
FMD 92, part II.B.4. Districts are authorized to issued *Warning* Letters
in accordance with Chapter 8-10, Regulatory Procedures Manual, when the
following conditions are met:
A. The firm is required to register (this should be documented).
B. A current inspection includes an inventory of drugs (blood products
on hand), and the collection of representative (documentary) samples.
C. The establishment file documents that management has been advised
of the firm's responsibility to register and they have refused to do so.
D. The district has contacted the *Division of Blood Applications,*
Office of *Blood Research and Review, CBER, HFM-370* to assure that no
registration forms have been received. *DBA* will immediately call districts
if any of the firms listed as of July register.)
To save an extra trip, it is recommended that the *Warning* Letter be
prepared and delivered along with a blank registration form at the conclusion
of the sample collecting inspection.
*Warning* Letters should require completion of the forms and return
to the district within 10 days. Districts should forward completed FD 2830s
to *HFM-370* for validation. If the *Warning* Letter fails to achieve compliance
within one week after the response period expires (17 days after issuance)
districts should then prepare and forward a complaint for injunction (usually
a preliminary injunction citing 301(p)) to *HFM-610*.
Copies of all *Warning* Letters issued and responses should be forwarded
to the *Division of Case Management (HFM-610)* within 30 days.
1 Federal Register, Volume 40, No. 219 - Wednesday, November
12, 1975
2 Federal Register, Volume 45, No. 251 - Tuesday, December
30, 1980
* Material between asterisks is new or revised*
Issued: 6/17/74
Revised: 10/1/81, 11/1/81, 12/1/82, 3/95
Sec. 230.120 Human Blood and Blood Products
as Drugs. (CPG 7134.02)
BACKGROUND:
The January 31, 1973 Federal Register1 announced
the amendment and revision of 21 CFR, Part 273.2 The preamble
to this announcement also directs attention to the classification of blood
and blood products as drugs under the Federal Food, Drug, and Cosmetic
Act as well as biologics under the Public Health Service Act.
Excepts from the preamble of the January 31, 1973 Federal Register
announcement responding to questions concerning the classification of blood
as a drug follow:
". . . Section 201(g)(1) definition of drug in the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321), reveals that blood and related
blood products fall clearly within that definition. That section states
"The term 'drug' means (A) articles recognized in the official United
States Pharmacopeia . . .; and (B) articles intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in man or other animals:
. . ." Blood is covered by both parts of this definition. Human blood
was first recognized in the United States Pharmacopeia (U.S.P.), XV Edition
(Dec. 15, 1955), and has been included in each U.S.P. since that edition.
Indications for use of blood products also fall directly within the broad
therapeutic scope of the definition. While it is, of course, true that
blood is human living tissue, it is incorrect to assume that it must be
either a living human tissue or a drug. That human blood and blood products
may be characterized as living human tissue for some purposes, and as biologics
for purposes of regulation under the Public Health Service Act (Section
351, 58 Stat. 702, as amended; 42 U.S.C. 262) in no way alters the fact
that blood is also a drug subject to regulation under applicable provisions
of the Federal Food, Drug, and Cosmetic . . ."
POLICY:
Human blood and blood products are characterized as biologics for purposes
of regulation under the Public Health Service Act, as amended and also
as drugs subject to regulation under applicable provisions of the Federal
Food, Drug, and Cosmetic Act.
1 Federal Register Volume 28, No. 20 Wednesday, January 31,
1973
2 Recodified as 21 CFR 600
Issued: 6/17/74
Revised: 10/1/80
Sec. 230.130 Adequate Space for Determination
of Donor Suitability (CPG 7134.17)
BACKGROUND:
21 CFR 606.40(a)(1) requires that facilities for interviewing donors
provide adequate space for private and accurate examinations of individuals
to determine their suitability as [] donors. []
The Agency views privacy to include any type of arrangement that would
allow the donor to answer questions without being overheard by staff and
other donors. This can be accomplished in a variety of ways, e.g., special
donor screening booths, partitions, or simply by using an isolated area
such as the corner of the room.
POLICY:
It is not the intent of 21 CFR 606.40(a)(1) to require donor
screening booths and partitions, but rather to assure that there is an
arrangement whereby other donors and staff will not unavoidably overhear
responses during donor suitability determinations.
[] Indicates material has been deleted
Issued: 4/8/80 as 7134.13
Revised: 10/1/80, 3/95
Sub Chapter 231 Platelets
Sec. 231.100 *Platelets, Pooled* (CPG
7134.13)
BACKGROUND:
*Platelets are* defined (21 CFR 640.20(a)) as the "platelets from
a single donor ---." Investigators have encountered *Platelets*, Pooled
being shipped intrastate by blood banks at the request of user hospitals.
The field has requested *that the Center for Biologics Evaluation and Research
(CBER) review the* policy regarding pooling of platelets during preparation
or processing since it is prohibited by the regulation for the licensed
product.
POLICY:
A written standard operating procedure for the pooling process must
be available for personnel involved. Platelets cannot be pooled during
the preparation process. After preparation of the individual units is completed
(including all testing and labeling), units intended for a specific patient
may be pooled and labeled with an expiration time of four hours from time
of pooling. This expiration time must also take into account the dating
period of the individual units.
In addition to the labeling requirements in 21 CFR *606.121,* the label
of the pooled product must include the following:
1. An expiration time which is four (4) hours after the platelets are
pooled.
2. The individual donor numbers comprising the pool or a pool number
that relates the pooled platelets to individual donor numbers comprising
the pool.
3. The number of units in the pool.
*Material between asterisks is new or revised*
Issued: 4/26/78
Revised: 10/1/80, 4/1/82, 3/95
Sec. 231.110 Quality Control Testing of
*Platelets* [] and Cryoprecipitated Anti-hemophilic Factor [] (CPG 7134.16)
BACKGROUND:
The *Center for Biologics Evaluation and Research (CBER)* has re-evaluated
the requirements of 21 CFR 640.25(b) and 640.56(a). These sections state
that each month 4 units of *Platelets* [] and Cryoprecipitated Antihemophilic
Factor [] prepared from different donors, shall be quality control tested.
This has previously been interpreted to mean every month, even when *Platelets*
[] and Cryoprecipitated Antihemophilic Factor [] are not prepared for clinical
use by the blood bank. *However, CBER* believes that quality control testing
of the product need be performed only in the months that the product is
prepared for use.
POLICY:
Quality control testing and assay, at the end of the dating period,
for *platelets* [] need be performed only in those months in which *platelets*
[] are prepared for use. Similarly, Cryoprecipitated Antihemophilic Factor
[] quality control testing need only be performed during months in which
this product is prepared for use.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 12/26/78 as 7134.17
Revised: 10/1/80, 4/1/ 82, 3/95
Sec. 231.120 Time Period for Separation
of Platelets from Platelet-Rich Plasma when Preparing *Platelets* and Fresh
Frozen Plasma* (CPG 7134.20)
BACKGROUND:
Section 640.24(b) of 21 CFR requires that *Platelets* [] shall be separated
within 4 hours after the collection of the unit of whole blood or plasma.
During inspections, questions have arisen concerning blood banks that
do not separate the platelets from platelet-rich plasma for a period in
excess of 4 hours.
This section of the regulations was promulgated to assure that the red
cells are promptly separated from the plasma and refrigerated rather than
concern about compromising the quality of the resultant platelet concentrate
if the platelets remained in the plasma for a period in excess of four
hours.
Based on recommendations received from the Panel on Safety and Efficacy
of Blood and Blood Derivatives, the *Center for Biologics Evaluation and
Research* is preparing to modify the regulation to indicate that:
a. The 4-hour period for separation of plasma from red cells be changed
to 6 hours. (Please note--The plasma should be placed in the freezer within
6 hours. 21 CFR 640.34(b), which requires that plasma be frozen solid within
6 hours, will be revised to reflect this change)
b. There be no time limit set for the preparation of *platelets* from
platelet-rich plasma.
POLICY:
*Platelets* [] may be prepared from platelet-rich plasma at any time
during the dating period assigned to *platelets,* provided that:
1. Not more than 6 hours following collection of whole blood, the red
cells are separated from the platelet-rich plasma and refrigerated;
and
2. The platelet-rich plasma is stored at the appropriate temperature
(20-24o C) until the platelets are separated.
Blood banks that prepare *Platelets* [] and * * Fresh Frozen *Plasma*
consistent with these policy guidelines will not be considered to be deviating
from acceptable manufacturing practices.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 7/1/82
Revised: 12/1/82, 3/95
Sec. 231.130 Storage of *Platelets* []
for up to five (5) days (CPG 7134.21)
BACKGROUND:
The *Center for Biologics Evaluation and Research (CBER)* has approved
plastic materials for satellite packs designed for storage of *Platelets.*
[] These materials [] allow the storage of platelets for up to five (5)
days if stored at 20-24oC with gentle agitation. With this approval
for five day storage, two dating periods apply to platelets stored in satellite
packs. The satellite packs made from the plastic materials are labeled
with a statement indicating that platelets may be stored for five days
if stored at 20-24oC. If this label does not appear on the pack
the previously approved 72-hour dating still applies.
POLICY:
Blood banks may begin the five (5) day dating period (the dating period
ends on midnight of the fifth day; e.g., platelets collected at any time
on Monday the first will expire on *Saturday* the sixth at midnight) for
*Platelets* [] stored at 20-24oC, with gentle agitation, in
the satellite packs provided:
1. A product license *supplement* reflecting the change in the dating
period is submitted, including a commitment to perform the required quality
control testing at the end of the dating period (5 days) on at least four
(4) units per month. (Also, see CPG No. 7134.16 (See Sec. 231.110) concerning
QC testing on platelets).
2. Corrective action is implemented as soon as possible and is appropriately
documented, if the quality control data do not meet required limits.
3. The monthly quality control data are kept on file in the blood bank
available for review during authorized FDA inspections.
4. *Repeated* failure to meet [] quality control standards is reported
immediately to *CBER.*
Unlicensed, registered blood banks may use the satellite packs and the
five (5) day dating period without notifying *CBER* provided they outlined
in (1)-(4) above, *except that unlicensed blood banks need not file or
supplement a product license* [See 21 CFR 606.160(b)(2)(ii) and 640.25(b)].
[]
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 7/1/82
Revised: 3/95
Sub Chapter 250
- 256 Plasma
Sec. 250.100 Source Plasma [] Guidelines
for Informed Consent Forms (CPG 7134.08)
BACKGROUND AND POLICY:
Informed consent is the agreement obtained from a subject, or the subject's
authorized representative, for the subject's participation in the specific
program. Donors who are considering entering a plasmapheresis program must
be made aware of the nature of the procedure and of all its risks. In addition
to a verbal explanation which a licensed physician is required to provide,
the individual should have the opportunity to read, as well as hear the
details of the procedure so he/she is, indeed, informed. The agreements
shall contain no exculpatory language through which the donor is made to
waive, or appear to waive, any of his/her legal rights, or to release the
corporate establishment or its agents from liability for negligence. Two
separate consent forms should be available, one for the regular plasmapheresis
procedure, and one for immunization.
A. Each form should include the following:
1. A clear explanation in non-medical terms, of the procedures to be
followed, including maximum volumes of blood to be removed at one time,
and the time limits between donations set forth in the Regulations.
2. A description of any donor's discomforts and the risks of the procedure
including:
a. Possible return of another donor's red blood cells resulting in a
hemolytic transfusion reaction;
b. Common systemic reactions which may ensue;
c. Changes in protein, hemoglobin, IgG levels which may necessitate
deferment or removal from the program.
3. The necessity for a donor to actively participate in accurate identification
of his/her red blood cells before they are returned to him/her.
4. The statement that the donor has been offered an opportunity to ask
any questions concerning the procedures or an opportunity to refuse, before
a consent form is signed.
5. An instruction that the donor is free to withdraw his/her consent
and to discontinue participation in the plasmapheresis program at any time.
B. If plasmapheresis is to be accompanied by immunizing injections,
the form shall also include:
1. A clear explanation of the immunization program including:
a. The nature of the antigen(s) which will be used. (Space should be
provided on the form for the identification of each antigen to be administered);
b. Approximate duration of the immunization program;
c. Maximum number of injections and factors determining when injections
will be administered.
2. If the immunizing agent is a human blood product, the donor should
be made fully aware of the following:
a. The possible transmission of hepatitis viruses;
b. the increased risk of adverse reaction if incompatible blood is received
by the donor at a later date;
c. women of childbearing age should not be immunized unless evidence
of surgical sterility is presented;
d. the increased risk of rejecting an organ transplant, if such a transplant
is needed at a later date.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 7/19/76
Revised: 10/1/80, 3/95
Sec. 250.500 Plasma Brokers - Registration
and Compliance with Good Manufacturing Practices (CPG 7134.22)
BACKGROUND:
Compliance Policy Guide (CPG) Number 7134.01, *(Sec. 230.110)* Registration
of Blood Banks and Other Firms Collecting, Manufacturing, Preparing or
Processing Human Blood or Blood Products, provides extensive background
regarding registration requirements. The purpose of this CPG is to emphasize
that plasma brokers are required to register as stated in CPG No. 7134.01
(See Sec 230.110). The agency has not, in the past, focused heavily upon
these establishments, however, the number of problem situations involving
plasma shipped through brokers has increased. For example, recalls of biological
products have occurred in which plasma brokers have been subdistributors.
In at least one of these recalls consignees of the suspect products could
not be determined due to inadequate or unavailable plasma broker's distribution
records.
POLICY:
Plasma brokers that take custody of products are required to register
pursuant to 21 CFR Part 607 and must comply with applicable sections of
21 CFR. Sections 606.100 (b)(10) & (18), 606.160 (b)(3)(i) and (iii)
and 606.165 are particularly applicable to plasma brokers. Brokers that
only handle paperwork and do not take custody of the product are not required
to register and, therefore, need only have records showing transfer of
the biological product from the manufacturer to the consignee.
REGULATORY ACTION GUIDANCE:
The following represent criteria for direct reference issuance of *Warning*
Letters by district offices:
a. The firm is required to register and the establishment file shows
that management has been advised of the registration requirement, but has
failed to comply. NOTE: The district must contact the *Division of Blood
Applications, Office of Blood Research and Review, Center for Biologics
Evaluation and Research (CBER) (HFM-375),* to assure that no registration
forms have been received.
or
b. A current inspection of the broker, whether registered or not, shows
that the firm has substantive deviations from the area of CGMPRs listed
above under "POLICY" such as non-traceability of units in distribution
or to original donors; inadequate storage conditions, or any others applicable
to the operations in which the firm is engaged.
*Warning* Letters should contain a statement advising the firm that
registration is required and include the necessary forms for completion
and return to the district within 10 days. Districts should forward completed
FD 2830s to *HFM-370* for validation.
If the *Warning* Letter fails to achieve compliance within one week
after the response period expires (17 days after issuance), districts should
prepare and forward a complaint for injunction [usually a preliminary injunction
citing 301(p) of the Federal Food, Drug, and Cosmetic Act] in accordance
with Agency procedures.
Deficiencies from standard operation procedures generally would not
be a basis for injunction.
If the *Warning* Letter issued cites 501 (a) (2) (B) charges, the district
should follow Chapter 8-10 in the Regulatory Procedures Manual.
Copies of all *Warning* Letters issued and responses should be routinely
forwarded to the *CBER, Division of Case Management (HFM-610)* and Division
of *Compliance Policy (HFC-230)* within 30 days of issuance or receipt.
*Material between asterisks is new or revised*
Issued: 2/1/84
Revised: 3/95
Sec. 251.100 Schedule of Physical Examination
for Donors Receiving Immunization Injections (CPG 7134.18)
BACKGROUND:
Confusion has arisen regarding the interpretation of 21 CFR 640.63(b)(2).
The purpose of this regulation is to prevent plasmapheresis centers from
immunizing donors without first giving them a physical examination.
POLICY:
An active plasmapheresis donor who is to be immunized and who has already
received a physical examination pursuant to 21 CFR 640.63(b)(1), need not
be re-examined for immunization provided that the donor:
1. is certified by the examining physician as suitable to be an immunized
donor,
2. receives the physician's explanation of the hazards of immunization,
and
3. signs an informed consent form for immunization.
A donor who is to be immunized and who is not already in a plasmapheresis
program, must be given an initial medical examination no more than one
week before the first immunization injection, in addition to 1 thru 3 above.
The medical examination for plasmapheresis need not be repeated if the
first donation occurs within 21 days after the first injection.
Issued: 10/1/80
Sec. 252.100 Source Plasma [] - Regulatory
Action Based on Overbleeding (CPG 7134.14)
BACKGROUND:
The *Center for Biologics Evaluation and Research (CBER)* has re-evaluated
the health hazard criteria associated with overbleeding plasmapheresis
donors, based on current scientific evaluations.
A substantial degree of deviation from the requirements [21 CFR 640.65(b)(4),
(5) and (6)] is significant. Critical factors that are to be considered
in determining overbleeding by volume are: 1) the volume (normally converted
from weight) of whole blood collected at one time or within a specified
period of time (2 days and/or 7 days); and 2) the volume of plasma obtained
from whole blood collections. The precision of blood weight and volume
determinations may be affected by factors such as biologic variability
of the donors, human errors in blood collection, variability in bag weights,
accuracy of the scales, and the amount of anticoagulant.
POLICY:
1. Whole Blood Volumes
Overbleeding is considered significant when: a) the volume of whole
blood removed routinely exceeds the maximum allowable limits in 21 CFR
640.65(b)(4), (5) and (6); or b) there is no indication that overbleeding
is recognized and corrected.
2. Plasma Volumes
Overbleeding is considered significant when the volume of units of Source
Plasma routinely exceeds the maximum allowable limit of 770 mls (790 gms)
for donors weighing less than 175 pounds and 925 mls (949 gms) for those
weighing 175 pounds or more. (Plasma collected in heparin solution will
have a lower yield).
NOTE: Documentation must establish a pattern of conduct over a period
of time which illustrates a normal or customary (routine) practice of overbleeding.
REGULATORY ACTION GUIDANCE:
Overbleeding, as described above, coupled with significant deficiencies
in determining donor suitability, described below, warrants considering
recommendation for suspension of activities under U.S. license.
A. Personnel unfamiliar with or improperly determining hematocrit, blood
pressure, temperature, or total protein (T.P.).
B. Refractometer for determining T.P. not adequately cleaned between
determinations or malfunctioning and correct readings cannot be obtained.
C. Donors plasmapheresed whose plasma protein composition was outside
the normal range established by the testing laboratory.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 8/1/78 as 7134.16
Revised: 10/10/78, 10/1/80, 7/1/82, 3/95
Sec. 253.100 Use of Units of *Plasma and
Fresh Frozen Plasma* Which Have Been Thawed (CPG 7134.19)
BACKGROUND:
As prescribed by 21 CFR *606.122(m)(3),* the product *labeling* states
that *frozen plasma* products should be used within six hours after thawing.
However, some blood banks have been extending this time for as much as
26 days and using the plasma as a blood volume expander for transfusion.
The Blood Products Advisory Committee has made a recommendation to the
*Center for Biologics Evaluation and Research (CBER)* that *Fresh Frozen
Plasma* should be allowed for transfusion within 24 hours after thawing.
The *CBER* is planning to change the regulation to allow for the transfusion
of the *thawed Fresh Frozen* Plasma within 24 hours.
POLICY:
Until such time that the regulation is changed, *frozen plasma products*
should be transfused within six hours of thawing. If not transfused within
the six hours, the thawed plasma may be relabeled and used as Recovered
Human Plasma for further manufacturing.
Failure to transfuse the product within the six hours will continue
to be a deviation from 21 CFR *606.122(m)(3).* However, this deviation
alone will not be considered to be of the significance which would warrant
a recommendation for regulatory action.
*Material between asterisks is new or revised.*
Issued: 10/1/80
Revised: 3/95
Sec. 254.100 Source Plasma [] - Use of
Units from Donors Subsequently Found to be Reactive to a Serologic Test
for Syphilis (CPG 7134.15)
BACKGROUND:
There has been some concern and confusion relating to the use of units
of Source Plasma * * collected from donors who are subsequently found to
be reactive to a serologic test for syphilis (STS). The initial and four-month
STS is designed primarily to identify the disease in donors and to promote
treatment of affected donors; therefore, the donor, once identified as
STS reactive, may not obe plasmapheresed again until his/her serologic
test is nonreactive or collection is performed under the provisions of
21 CFR 640.65(b)(2)(iii) and (iv). These provisions permit, under certain
conditions, plasmapheresis of donors with biologic-false-positive reactions;
or those with positive results. However, units collected from donors prior
to their being identified as STS reactive may be issued as Source Plasma,
[] since the disease-causing spirochetes are destroyed during the storage
and/or fractionation of the plasma.
POLICY:
Units of plasma collected from plasmapheresis donors who were not known
to be reactive to a STS prior to the plasmapheresis procedure may be shipped
as Source Plasma []. These units need not be labeled or identified in shipping
records as STS reactive, since such requirements pertain only to units
collected from donors known to be STS reactive.
*Material between asterisks is new or revised*
[] Indicates material has been deleted
Issued: 3/14/80 as 7134.11
Revised: 10/1/80, 2/1/84, 3/95
Sec. 255.100 Quantitative Testing for
Serum Proteins in Plasmapheresis Donors (CPG 7134.10)
BACKGROUND:
Investigators have reported deviations from Section 640.65(b)(2)(i)
of Title 21, Code of Federal Regulations regarding the quantitative testing
of serum or plasma by electrophoretic or immunodiffusion techniques to
determine protein composition, and the interpretation of the results. To
clarify the position of the *Center for Biologics Evaluation and Research
(CBER)* and to prevent misinterpretations with respect to Section 640.65(b)(2)(i),
the following policy is stated:
POLICY:
1. The normal ranges established by the testing laboratory for protein
composition must be expressed with a minimum and maximum value for each
protein fraction. A total protein test should also be performed on the
same Sample by the laboratory performing quantification tests. The total
protein value must be no less than 6.0gm/100ml.
2. A donor may be continued on the program only if the results of the
serum protein electrophoresis or the immunoglobulin diffusion test fall
within the ranges established by the testing laboratory. If the value of
any protein fraction is reported outside this established range, the donor
must be removed from the program until another sample is drawn, retested
and all values are reported to fall within the established range. If the
results are not within the established range, the physician at the plasma
center does not have authority to allow a donor to continue on the plasmapheresis
program.
*Material between asterisks is new or revised*
Issued: 8/6/76
Revised: 10/1/80, 3/95
Sec. 256.100 Plasmapheresis - 48-hour
Period Between Plasmapheresis Procedures (CPG 7134.23)
BACKGROUND:
The *Center for Biologics Evaluation and Research (CBER)* has received
inquiries about the required 48-hour period between plasmapheresis procedures
contained in 21 CFR 640.65(b)(4). Some investigators have interpreted the
48-hour period to be two days and some investigators have interpreted the
requirement to be not less than 48 hours.
One recommendation coming from the ongoing Retrospective Review of Biologics
Regulations is that the wording for this 48-hour period be changed to read
two days. *CBER* agrees with this recommendation and is moving to change
the wording in the regulations.
POLICY:
The required 48-hour period is two calendar days, regardless of the
time of day that the donor is plasmapheresed.
*Material between asterisks is new or revised*
Issued: 5/1/84
Revised: 3/95
Sub
Chapter 270 - 275 Non-Blood Products
Sec. 270.100 Final Container Labels -
Allergenic Extracts Containing Glycerin; Reporting Changes (CPG 7134.06)
BACKGROUND AND POLICY:
It has come to our attention that not all manufacturers indicate on
the container labels whether or not the allergenic extract contains glycerin.
Since preparations containing glycerin cannot be injected without discomfort,
many allergists do not inject such extracts. Therefore, as an added item
of important information, manufacturers who prepare glycerinated allergenic
extracts, must indicate on the container label, the presence of any
amount of glycerin in the final product.
Secondly, in accordance with "Changes To Be Reported - 21 CFR 601.12",
we wish to emphasize that the *Center for Biologics Evaluation and Research*
must be notified regarding any proposed changes in labeling and
manufacturing methods *for any licensed biologocal. Such changes include
the addition of* any new allergenic extract to *a licensed* manufacturer's
listing of approved extracts. Such changes may not become effective until
notification of acceptance is received from *CBER
[i.e., approval of a supplement to the establishment license application
(ELA) or product license application (PLA)].*
Issued: 7/19/76
Revised: 10/1/80, 4/1/82, 3/95
Sec. 275.100 Immune Milk (CPG 7134.04)
BACKGROUND:
Immune Milk was developed by W. E. Peterson, Ph.D., Professor of Dairy
Science, at the University of Minnesota. The product is prepared by giving
cows a series of intramammary infusions of polyvalent antigens comprising
phenol-killed bacterial pathogens. The antigen is infused at weekly intervals,
by the teat canal into the udder tissues, four times before the cow freshens.
The milk is collected, processed by pasteurization and kept in a frozen
state until used.
Immune Milk has been recommended for such human disease conditions as
rheumatoid arthritis, gastroenteritis, urinary tract and sinus infections,
certain types of allergies, and chronic neurologic conditions (i.e. multiple
sclerosis).
POLICY:
Immune Milk is regarded as a biologic drug and subject to the licensing
provisions of the Public Health Service Act, administered by the *Center
for Biologics Evaluation and Research.* To date, no establishment or product
licenses have been issued for this product. Any shipments of such products
should be brought to the attention of the *Center for Biologics Evaluation
and Research.* for the purpose of initiating appropriate regulatory action.
The following are currently active INDs for immune milk products:
IND NUMBER SPONSOR
546 Impro Products, Inc., Waukon, Iowa
857 & *1920* Stole Research and Development Corporation, Cincinnati, Ohio
*1774 Richard McClead, M.D.
Columbus, Ohio*
*Material between asterisks is new or revised*
Issued: 6/23/76
Revised: 10/1/80, 4/2/82, 3/95
Main Page | About Grimes & Reese | Practice Areas | MLM Law Clients | MLM Articles
MLM Law Library | What Our Clients Say | What's New | Search MLM Law | Site Map