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July 30, 2012
by RAPS

Upcoming Medical Device User Fees Unveiled

The schedule of fees medical device manufacturers and sponsors will be required to pay under the Medical Device User Fee Act (MDUFA)-part of the recently passed Food and Drug Administration Safety and Innovation Act (FDASIA)-was released on 30 July by US regulators.

The fees apply only to the fiscal year between 1 October 2012 and 30 September 2013, after which time an inflation-adjusted set of fees are set to come into effect.

The base fee for a premarket application (PMA) in 2012-2013 will be $248,000, and establishment registration fees are set at $2,575.

Nearly all fees are based on the PMA fee, US regulators explained. Panel-track supplements, for example, are required to pay 75% of the standard PMA fee, while a 510(k) premarket notification pays just 2% ($4,960) of the standard PMA fee.

Other fees include:

  • for a panel-track supplement, 75 percent of the standard fee
  • for a 180-day supplement, 15 percent of the standard fee
  • for a real-time supplement, 7 percent of the standard fee
  • for a 30-day notice, 1.6 percent of the standard fee
  • for a 510(k) premarket notification, 2 percent of the standard fee
  • for a 513(g) request for classification information, 1.35 percent of the standard fee
  • for an annual fee for periodic reporting concerning a class III device, 3.5 percent of the standard fee

Small Business Waivers Available

Small businesses will be eligible for fee reductions under the MDUFA legislation if they make less than $100 million in sales each year, and FDA notes similar waivers are available for "qualified applicants" whose devices fall under a subjective designation of being "in the interest of public health." Additional waivers are available for first-time submitters of PMA's, Product Development Protocols or Biologics License Applications if the company has gross sales receipts of less than $30 million.

"For all submissions other than a 510(k) premarket notification, a 30-day notice, and a 513(g) request for classification information, the small business fee is 25 percent of the standard (full) fee for the submission," FDA explains. "For a 510(k) premarket notification submission, a 30-day notice, and a 513(g) request for classification information, the small business fee is 50 percent of the standard (full) fee for the submission."

A small business would, in other words, pay $62,000 for a PMA, $2,480 for a 510(k), $1,980 for a 30-day notice and $1,674 for a 513(g) request for classification information. Some fees, such as facility registration fees, are not eligible for a fee reduction.


Read more:

FDA - Medical Device User Fee Rates for Fiscal Year 2013

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