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Government Shutdown Impacts FDA and Industry Operations

by Nicholas Saraceno | January 7, 2019

As the government shutdown continues, FDA (Food and Drug Administration) recently announced that agency operations will continue to the extent permitted by law, maintaining core functions that address imminent threats to the safety of human life as well as activities funded by carryover user fee funds. FDA will continue to respond to emergencies—such as monitoring for and quickly responding to outbreaks related to foodborne illness and the flu, support high-risk food and medical product recalls when products endanger consumers and patients and pursue civil and criminal investigations as appropriate and continue screening food and medical products that are imported to the U.S. Mission critical surveillance for significant safety concerns with medical devices and other medical products will also continue. During this period of lapsed funding, however, FDA does not have legal authority to accept user fees assessed for FY (Fiscal Year) 2019 until an FY 2019 appropriation or Continuing Resolution for the FDA is enacted. This includes regulatory submissions for FY 2019 that require a fee payment and that are submitted during the lapse period.

Since the shutdown took effect on Dec. 22, approximately 800,000 federal workers are going without pay.

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