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CDRH Jurisdiction May Include Environmental Tests For Bio Threats

This article was originally published in The Gray Sheet

Executive Summary

Environmental tests for anthrax could end up being regulated by the Center for Devices and Radiological Health, according to FDA topsiders

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Bioterrorism jurisdiction

FDA is reexamining its role in regulating environmental screens for biological toxins, attorney Jeffrey Gibbs, Hyman, Phelps & McNamara, says at a FDLI-sponsored conference Feb. 20. Though CDRH does not generally consider environmental detection products to be medical devices, the agency has asked manufacturers for information about tests that claim to "detect anthrax spores," for example, in contrast to tests that "diagnose anthrax." CDRH Director David Feigal indicated in November 2001 that the agency was interested in investigating the regulatory jurisdiction for environmental tests (1"The Gray Sheet" Nov. 26, 2001, p. 8). Gibbs also says that FDA should choose not to exercise its power to regulate counter-bioterrorism devices, taking a "hands-off" approach similar to the agency's stance on laboratory-developed "home brew" tests...

Bioterrorism jurisdiction

FDA is reexamining its role in regulating environmental screens for biological toxins, attorney Jeffrey Gibbs, Hyman, Phelps & McNamara, says at a FDLI-sponsored conference Feb. 20. Though CDRH does not generally consider environmental detection products to be medical devices, the agency has asked manufacturers for information about tests that claim to "detect anthrax spores," for example, in contrast to tests that "diagnose anthrax." CDRH Director David Feigal indicated in November 2001 that the agency was interested in investigating the regulatory jurisdiction for environmental tests (1"The Gray Sheet" Nov. 26, 2001, p. 8). Gibbs also says that FDA should choose not to exercise its power to regulate counter-bioterrorism devices, taking a "hands-off" approach similar to the agency's stance on laboratory-developed "home brew" tests...

FDA Device Center Terror-Response Policies Already Close To Completion

FDA's Center for Devices and Radiological Health plans to enlist the help of major device trade associations in an effort to establish a complete database of companies and products that would be vital to respond to a terrorist attack

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