FDA Good Guidance Practices (GGP)

1. Development of Guidance DocumentsJennifer Scharpf, M.P.H.Associate Director for Policy and CommunicationOffice of Blood Research and Review, CBER September 15, 2009

2. FDA Good Guidance Practices (GGP) • Food and Drug Administration Modernization Act (1997) established GGP, including provision for public participation and comment • GGP are FDA’s policies and procedures for developing, issuing and using guidance documents • FDA codified policies and procedures for development and issuance of guidance documents in 21 CFR 10.115 • Annual Guidance Agenda publishes in the Federal Register • Executive Order 13422 and the OMB Bulletin on Agency Good Guidance Practices (2007) provides opportunity for interagency coordination and review of significant guidance documents • CBER SOPP 8002: Procedures for Preparation, Routing and Issuance of Guidance Documents • Plain Language • Information Collection Burdens (Paperwork Reduction Act) • Communication with the Public (21 CFR 10.80)

3. Guidance Documents • Documents prepared for FDA staff, applicants, sponsors, and the public that describe the agency’s policy or interpretation of a policy on a regulatory issue including, but not limited to, documents that relate to the following: • Design, production, labeling, promotion, manufacturing and testing of regulated products; • Processing, content and evaluation or approval of submissions; • Inspection and enforcement policies

4. Guidance Documents • Do not include documents that relate to the following: • Internal FDA procedures • Agency reports • General information provided to consumers or health professionals • Speeches, media interviews and press materials • Journal articles or editorials • Warning letters • Memorandum of Understanding • Other communication or actions taken by individuals, at FDA or directed to individuals persons or firms

5. Guidance Documents • Although guidance documents do not legally bind the public or FDA, they represent the agency’s current thinking on matters under our jurisdiction • FDA employees may depart from guidance documents only with appropriate justifications and supervisory concurrence (21 CFR 10.115 (d)(3)) • Any consistent deviation from a guidance document indicates that it should be revised

6. Guidance Documents • Guidance documents do not establish legally enforceable rights or responsibilities • You may choose to use an approach other that the one set forth in guidance, provided the approach complies with relevant statutes and regulations (21 CFR 10.115 (d)(2)) • FDA will discuss an alternative approach with you to ensure that it complies with relevant statutes and regulations

7. Guidance Documents • FDA may not use documents or other means of communication that are excluded from the definition of guidance document to informally communicate new or different regulatory expectations to a broad public audience for the first time. GGP must be followed whenever regulatory expectations that are not readily apparent from the statute or regulations are first communicated to a broad public audience. (21 CFR 10.115 (e))

8. Level 1 Guidance Documents • Definition (21 CFR 10.115 (c)(1)) • Set forth initial interpretations of statutory or regulatory requirements • Set forth changes in interpretation or policy that are of more than minor in nature • Include complex scientific issues • Cover highly controversial issues

9. Level 1 Guidance Documents • Procedures for development and issuance (21 CFR 10.115 (g)) • Notice of availability in the Federal Register • Issued in draft format and request public comment before implemented • Comment period is usually 60-90 days; however, public can submit comments at any time • FDA reviews comments and issues a final guidance • Exception to public comment when FDA finds prior public participation is not feasible or appropriate

10. Level 2 Guidance Documents • Definition (21 CFR 10.115 (c)(2)) • Set forth existing practices or minor changes in interpretation or policy • Level 2 guidance documents include all guidance documents that are not classified as Level 1

11. Level 2 Guidance Documents • Procedures for development and issuance • Does not require notice of availability in the Federal Register • Immediately implemented unless FDA indicates otherwise • Invites public comment

12. Communication with the Public • 21 CFR 10.115 (g) • When considering developing guidance, FDA may freely discuss issue with the public • FDA may hold a scientific workshop, advisory committee meeting or public meeting before drafting the guidance • FDA may hold a public meeting after issuing a draft guidance

13. Communication with the Public • 21 CFR 10.80 • Once preparation of a draft guidance document has been initiated, specifics of the guidance should not be discussed with the public • Once the guidance has been issued in draft, we may discuss generally the issues related to the draft guidance; but we may not discuss issues related to our specific intentions regarding the final guidance

14. Recently Published Documents • Guidance for Industry: Recommendations for Management of Donors at Increased Risk for Human Immunodeficiency Virus Type 1 (HIV-1) Group O Infection (8/2009) • Guidance for Industry: NAT to Reduce Possible Risk of Parvovirus B19 Transmission by Plasma-Derived Products (7/2009) • Draft Guidance for Industry: Use of Serological Tests to Reduce Risk of Transmission of Trypanosoma cruzi in Whole Blood and Blood Components for Transfusion and Human Cells, Tissues and Tissue-Based Products (3/2009)

15. Recently Published Documents • Draft Guidance for Industry: Requalification Method for Reentry of Blood Donors Deferred Because of Reactive Test Results for Antibody to Hepatitis B Core Antigen (Anti-HBc) (5/2008) • Draft Guidance for Industry: Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Donors of Whole Blood and Blood Components Intended for Transfusion and Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) (3/2008)

16. Resources • CBER Guidance Documents • http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm • Blood Guidance Documents • http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/Blood/default.htm • Subscribe to receive electronic updates • Federal Dockets Management System • www.regulations.gov • Search by docket number, document title or subject

17. Conclusions • FDA good guidance practices establish procedures and policies to develop and issue guidance documents and communicate with stakeholders • FDA encourages public participation in the development of guidance documents • CBER has an active guidance development program that includes strategic planning and responds to emerging needs