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Title 21 — Food and Drugs

Part A · Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 355e. Pharmaceutical security

Statutory text

(a)

In general

The Secretary shall develop standards and identify and validate effective technologies for the purpose of securing the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs.

(b)

Standards development

(1)

In general

The Secretary shall, in consultation with the agencies specified in paragraph (4), manufacturers, distributors, pharmacies, and other supply chain stakeholders, prioritize and develop standards for the identification, validation, authentication, and tracking and tracing of prescription drugs.

(2)

Standardized numeral identifier

Not later than 30 months after , the Secretary shall develop a standardized numerical identifier (which, to the extent practicable, shall be harmonized with international consensus standards for such an identifier) to be applied to a prescription drug at the point of manufacturing and repackaging (in which case the numerical identifier shall be linked to the numerical identifier applied at the point of manufacturing) at the package or pallet level, sufficient to facilitate the identification, validation, authentication, and tracking and tracing of the prescription drug.

(3)

Promising technologies

The standards developed under this subsection shall address promising technologies, which may include—

(A)

radio frequency identification technology;

(B)

nanotechnology;

(C)

encryption technologies; and

(D)

other track-and-trace or authentication technologies.

(4)

Interagency collaboration

In carrying out this subsection, the Secretary shall consult with Federal health and security agencies, including—

(A)

the Department of Justice;

(B)

the Department of Homeland Security;

(C)

the Department of Commerce; and

(D)

other appropriate Federal and State agencies.

(c)

Inspection and enforcement

(1)

In general

The Secretary shall expand and enhance the resources and facilities of agency components of the Food and Drug Administration involved with regulatory and criminal enforcement of this chapter to secure the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs including biological products and active pharmaceutical ingredients from domestic and foreign sources.

(2)

Activities

The Secretary shall undertake enhanced and joint enforcement activities with other Federal and State agencies, and establish regional capacities for the validation of prescription drugs and the inspection of the prescription drug supply chain.

(d)

Definition

In this section, the term “prescription drug” means a drug subject to section 353(b)(1) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Food and Drug Administration Amendments Act of 2007

    Pub. L. 110–85 title IX § 913 · 121 Stat. 823

    Enacted · 21 U.S.C. § 355e

    (June 25, 1938, ch. 675, § 505D, as added Pub. L. 110–85, title IX, § 913, Sept. 27, 2007, 121 Stat. 952.)

    Source evidence

    Code source credit
    (June 25, 1938, ch. 675, § 505D, as added Pub. L. 110–85, title IX, § 913, Sept. 27, 2007, 121 Stat. 952.)

    Enacted provision · exact public law section
    SEC. 913. ASSURING PHARMACEUTICAL SAFETY.   Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.), as amended in section 403, is amended by inserting after section 505C the following: “SEC. 505D. PHARMACEUTICAL SECURITY. “(a) In General.— The Secretary shall develop standards and identify and validate effective technologies for the purpose of securing the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs. “(b) Standards Development.— “(1) In general.— The Secretary shall, in consultation with the agencies specified in paragraph (4), manufacturers, distributors, pharmacies, and other supply chain stakeholders, prioritize and develop standards for the identification, validation, authentication, and tracking and tracing of prescription drugs. “(2) Standardized numeral identifier.— Not later than 30 months after the date of the enactment of the Food and Drug Administration Amendments Act of 2007, the Secretary shall develop a standardized numerical identifier (which, to the extent practicable, shall be harmonized with international consensus standards for such an identifier) to be applied to a prescription drug at the point of manufacturing and repackaging (in which case the numerical identifier shall be linked to the numerical identifier applied at the point of manufacturing) at the package or pallet level, sufficient to facilitate the identification, validation, authentication, and tracking and tracing of the prescription drug. “(3) Promising technologies.— The standards developed under this subsection shall address promising technologies, which may include— “(A) radio frequency identification technology; “(B) nanotechnology; “(C) encryption technologies; and “(D) other track-and-trace or authentication technologies. “(4) Interagency collaboration.— In carrying out this subsection, the Secretary shall consult with Federal health and security agencies, including— “(A) the Department of Justice; “(B) the Department of Homeland Security; “(C) the Department of Commerce; and “(D) other appropriate Federal and State agencies. “(c) Inspection and Enforcement.— “(1) In general.— The Secretary shall expand and enhance the resources and facilities of agency components of the Food and Drug Administration involved with regulatory and criminal enforcement of this Act to secure the drug supply chain against counterfeit, diverted, subpotent, substandard, adulterated, misbranded, or expired drugs including biological products and active pharmaceutical ingredients from domestic and foreign sources. “(2) Activities.— The Secretary shall undertake enhanced and joint enforcement activities with other Federal and State agencies, and establish regional capacities for the validation of prescription drugs and the inspection of the prescription drug supply chain. “(d) Definition.— In this section, the term ‘prescription drug’ means a drug subject to section 503(b)(1).” .

1 of 1 references resolved to an enrolled provision

Credits

(June 25, 1938, ch. 675, § 505D, as added Pub. L. 110–85, title IX, § 913, , 121 Stat. 952.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s355e