Regulatory Open Forum

 View Only
  • 1.  EIRs and 483's

    Posted 18-Oct-2015 09:44


    An EIR is just the investigators report to the office of compliance on the inspection findings.  It is normally for internal use.  A 483 will be prepared if deficiencies are found that require correction.  That will be sent to the person who was head of office for the inspection, or the designee.

    Someone said you don't need to respond to a 483.  That is not correct.  You must address each and every deficiency cited in a 483.  If the 483 cites quality related issues, you must address what the implications are to you system as well.  You must provide a reasonable time frame for addressing and completing each deficiency along with any applicable pertinent documentation, not band-aid solutions.  Inadequate response to a 483 can and will likely lead to a warning letter.  483's are not available under FOI, but warning letters become public knowledge.

    ------------------------------
    Joyce Dunsmore
    Clinical, Regulatory & Quality Affairs Consultant
    Cocoa FL
    United States
    ------------------------------


  • 2.  RE: EIRs and 483's

    Posted 18-Oct-2015 11:22


    Actually, there is no legal obligation to respond to a 483. There is a legal obligation to address the issues cited. That said, a company would make a major mistake by not responding to a 483. One purpose is to help convince the Investigator that the company takes the issues seriously and, as a result, there is no need for FDA to escalate to a Warning Letter.

    There is a legal obligation to respond to a Warning Letter.

    The 483s are available through Freedom of Information, but they may be redacted. There are companies who make a business (FOI Online, FDANews, etc.) of providing 483s obtained this way. In addition, some, but not all, 483s are available on the FDA WEBSITE. These often include significant issues where FDA will publish the full history (483s, Warning Letters, Consent Decrees, etc.) as part of education.

    ------------------------------
    Dan O'Leary
    Swanzey NH
    United States



  • 3.  RE: EIRs and 483's

    Posted 19-Oct-2015 02:21
    Untitled letters, a bit lower concern than a WL, but also now posted.





  • 4.  RE: EIRs and 483's

    Posted 19-Oct-2015 06:11
    To correct - FDA Form 483 are indeed released to the public via FOI.

    Kind regards,

    Sandy
    Cassandra S. Kennedy
    SVP Global Quality Assurance
    Quintiles
    919-998-7002 - Office
    919-523-1861 - Mobile
    ********************** IMPORTANT--PLEASE READ ************************ This electronic message, including its attachments, is COMPANY CONFIDENTIAL and may contain PROPRIETARY or LEGALLY PRIVILEGED information. If you are not the intended recipient, you are hereby notified that any use, disclosure, copying, or distribution of this message or any of the information included in it is unauthorized and strictly prohibited. If you have received this message in error, please immediately notify the sender by reply e-mail and permanently delete this message and its attachments, along with any copies thereof. Thank you. ************************************************************************




  • 5.  RE: EIRs and 483's

    Posted 19-Oct-2015 15:19


    Straight from the FDA Website at Procedure for Release of Establishment Inspection Report confirming that 483's and the EIR are available through FOIA.

     Under the Freedom of Information Act (FOIA) and FDA's regulations governing disclosures as set out at 21 C.F.R. Part 20, any inspection information including the list of inspectional observations (FDA-483), EIR, and the Agency's communication with the regulated establishment must be disclosed upon request by any member of the public. When requested according to established FOIA procedures, the Agency has made the inspection-related information available to requestors in accordance with the above statutory requirements. That is, the information that is not protected from disclosure by an FOIA exemption becomes releasable once the inspection is deemed closed by the Agency. Establishments wishing to obtain a copy of FDA's inspection report of their own establishment in the past were required to follow the same procedure. A number of industry associations expressed concerns that copies of EIRs may have been released to other requestors before the inspected establishments received the copies they requested. Consequently, these groups approached the Agency to request that it provide a copy of the EIR following an inspection of their facilities.

    The Agency considered this request and determined that a copy of the EIR should be routinely provided to the inspected establishment once the Agency concludes that the inspection is closed. For the purpose of this directive, the term "closed" will have the same meaning as it has under 21 C.F.R. §20.64 (d)(3).

    ------------------------------
    Gloria Ferko
    Palmerton PA
    United States



  • 6.  RE: EIRs and 483's

    Posted 19-Oct-2015 15:36
    Here are some EIRs disclosed to the public.


    Thank you.  

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 7.  RE: EIRs and 483's

    Posted 19-Oct-2015 08:25


    To clarify regarding the legal obligation to reply to 483, the FDA Frequently Asked Questions regarding 483's on the FDA website it states:

    Q: What is the purpose of an FDA Form 483?

    A: The FDA Form 483 notifies the company’s management of objectionable conditions. At the conclusion of an inspection, the FDA Form 483 is presented and discussed with the company’s senior management. Companies are encouraged to respond to the FDA Form 483 in writing with their corrective action plan and then implement that corrective action plan expeditiously.

    The word used by the FDA is "encouraged", meaning not mandatory.  That being said, the FDA looks at the 483 report to decide if further action is necessary.  It is advisable to respond to each problem cited in the 483 to explain how the company will fully address each issue in order to satisfy the FDA that further action is not necessary.  It should be noted that any documents promised in a response to a 483 will be expected to be delivered in a reasonable amount of time.

    The implementation of the corrective actions proposed by the company for each problem listed on the 483 will be followed up on at the next inspection.  If the corrective actions are not fully implemented, the company risks receiving a warning letter.

    Regards,

    John Minier, RAC

    ------------------------------
    John Minier RAC
    Sr. Manager, Regulatory Affairs
    Integra Lifesciences
    Plainsboro NJ
    United States



  • 8.  RE: EIRs and 483's

    Posted 19-Oct-2015 09:22


    Although it is ideal to have Warning Letters follow only if 483 observations are not fixed adequately and in a timely manner, there are numerous examples of WL following 483 observations regardless of the status of the latter. This has caused some concern among companies as similar or same issues may be listed in both communications. The best solution is to respond to both communications by referencing one to the other. The tone should be to not only correct the issues but also to ensure preventative measures are included in a firm's Quality Systems.

    Ravi S. Harapanhalli, Ph.D.

    Former CMC Branch Chief at FDA

    FDAPharma Consulting LLC

    Potomac, MD, USA

    ------------------------------
    Ravi Harapanhalli
    Principal
    Potomac MD
    United States



  • 9.  RE: EIRs and 483's

    Posted 19-Oct-2015 09:27


    Here is the link to FDA's Q&A on 483s:

    http://www.fda.gov/ICECI/Inspections/ucm256377.htm

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States



  • 10.  RE: EIRs and 483's

    Posted 19-Oct-2015 13:22
    Joyce,

    It is good to read your wisdom of tips.

    Response to FDA 483 can be called as "unsolicited contact or correspondence" concerning a FDA 483, notifying FDA of the firm's planned or completed corrections as stated in FMD 120.  

    In real practice, when FDA 483s are citations, listing inspectional observations (objectionable conditions; potential violations), should we choose NOT to respond when firms are allowed to request clarification, criticize FDA 483 items, disagree with the FDA 483, or raise other questions or issues?

    In the US, silence is acceptance. If we elect not to respond to, we are waiving our right to respond/object to, somewhat manifesting no interest in taking the inspectional observations cited seriously.  

    Is response to 483s/WLs time-sensitive?

    Yes.  It should be firm's best interest in ensuring their response to be integrated into the FDA's internal clearing process of 483s/warning letters/untitled letters.

    Please note: regardless of firm's response, FDA's internal clearing process works.  

    For example, inspectors(s) -> district -> center's office of compliance ->OCC approval

    Thank you.  

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.