1. (a) Purpose. The prevalence of human immunodeficiency virus (HIV), which causes acquired immune deficiency syndrome (AIDS), and its risk of transmission in the health care context, have caused the Food and Drug Administration (FDA) to look more closely at the quality control of barrier devices, such as surgeons' gloves and patient examination gloves (collectively known as medical gloves) to reduce the risk of transmission of HIV and other blood-borne infectious diseases. The Centers for Disease Control (CDC) recommend that health care workers wear medical gloves to reduce the risk of transmission of HIV and other blood-borne infectious deseases. The CDC recommends that health care workers wear medical gloves when touching blood or other body fluids, mucous membranes, or nonintact skin of all patients; when handling items or surfaces soiled with blood or other body fluids; and when performing venipuncture and other vascular access procedures. Among other things, CDC's recommendation that health care providers wear medical gloves demonstrates the proposition that devices labeled as medical gloves purport to be and are represented to be effective barriers against the transmission of blood- and fluid-borne pathogens. Therefore, FDA, through this regulation, is defining adulteration for patient examination and surgeons' gloves as a means of assuring safe and effective devices.

   1. (1) For a description of a patient examination glove, see § 880.6250. Finger cots, however, are excluded from the test method and sample plans in paragraphs (b) and (c) of this section.
   2. (2) For a description of a surgeons' glove, see § 878.4460 of this chapter.

2. (b)

   1. (1) General test method. For the purposes of this part, FDA's analysis of gloves for leaks and visual defects will be conducted by a visual examination and by a water leak test method, using 1,000 milliliters (ml) of water.

      1. (i) Units examined. Each medical glove will be analyzed independently. When packaged as pairs, each glove is considered separately, and both gloves will be analyzed.
      2. (ii) Identification of defects. For this test, defects include leaks detected when tested in accordance with paragraph (b)(3) of this section. A leak is defined as the appearance of water on the outside of the glove. This emergence of water from the glove constitutes a watertight barrier failure. Other defects include tears, embedded foreign objects, extrusions of glove material on the exterior or interior surface of the glove, gloves that are fused together so that individual glove separation is impossible, gloves that adhere to each other and tear when separated, or other visual defects that are likely to affect the barrier integrity.
      3. (iii) Factors for counting defects. One defect in one glove is counted as one defect. A defect in both gloves in a pair of gloves is counted as two defects. If multiple defects, as defined in paragraph (b)(1)(ii) of this section, are found in one glove, they are counted as one defect. Visual defects and leaks that are observed in the top 40 millimeters (mm) of a glove will not be counted as a defect for the purposes of this part.

   2. (2) Leak test materials. FDA considers the following to be the minimum materials required for this test :

      1. (i) A 60 mm by 380 mm (clear) plastic cylinder with a hook on one end and a mark scored 40 mm from the other end (a cylinder of another size may be used if it accommodates both cuff diameter and any water above the glove capacity);
      2. (ii) Elastic strapping with velcro or other fastening material;
      3. (iii) Automatic water-dispensing apparatus or manual device capable of delivering 1,000 ml of water;
      4. (iv) Stand with horizontal rod for hanging the hook end of the plastic tube. The horizontal support rod must be capable of holding the weight of the total number of gloves that will be suspended at any one time, e.g., five gloves suspended will weigh about 5 kilograms (kg);
      5. (v) Timer capable of measuring two minute intervals.

   3. (3) Visual defects and leak test procedures. Examine the sample and identify code/lot number, size, and brand as appropriate. Continue the visual examination using the following procedures:

      1. (i) Visual defects examination. Inspect the gloves for visual defects by carefully removing the glove from the wrapper, box, or package. Visually examine each glove for defects. As noted in paragraph (b)(1)(iii) of this section, a visual defect observed in the top 40 mm of a glove will not be counted as a defect for the purpose of this part. Visually defective gloves do not require further testing, although they must be included in the total number of defective gloves counted for the sample.

      2. (ii) Leak test set-up.

         1. (A) During this procedure, ensure that the exterior of the glove remains dry. Attach the glove to the plastic fill tube by bringing the cuff end to the 40 mm mark and fastening with elastic strapping to make a watertight seal.
         2. (B) Add 1,000 ml of room temperature water (i.e., 20 (deg)C to 30 (deg)C) into the open end of the fill tube. The water should pass freely into the glove. (With some larger sizes of long-cuffed surgeons' gloves, the water level may reach only the base of the thumb. With some smaller gloves, the water level may extend several inches up the fill tube.)

      3. (iii) Leak test examination. Immediately after adding the water, examine the glove for water leaks. Do not squeeze the glove; use only minimum manipulation to spread the fingers to check for leaks. Water drops may be blotted to confirm leaking.

         1. (A) If the glove does not leak immediately, keep the glove/filling tube assembly upright and hang the assembly vertically from the horizontal rod, using the wire hook on the open end of the fill tube (do not support the filled glove while transferring).
         2. (B) Make a second observation for leaks 2 minutes after the water is added to the glove. Use only minimum manipulation of the fingers to check for leaks.
         3. (C) Record the number of defective gloves.

3. (c) Sampling, inspection, acceptance, and adulteration. In performing the test for leaks and other visual defects described in paragraph (b) of this section, FDA will collect and inspect samples of medical gloves, and determine when the gloves are acceptable as set out in paragraphs (c)(1) through (c)(3) of this section.

   1. (1) Sample plans. FDA will collect samples from lots of medical gloves in accordance with agency sampling plans. These plans are based on sample sizes, levels of sample inspection, and acceptable quality levels (AQLs) found in the International Standard Organization's standard ISO 2859, “Sampling Procedures For Inspection By Attributes.”
   2. (2) Sample sizes, inspection levels, and minimum AQLs. FDA will use single normal sampling for lots of 1,200 gloves or less and multiple normal sampling for all larger lots. FDA will use general inspection level II in determining the sample size for any lot size. As shown in the tables following paragraph (c)(3) of this section, FDA considers a 1.5 AQL to be the minimum level of quality acceptable for surgeons' gloves and a 2.5 AQL to be the minimum level of quality acceptable for patient examination gloves.

   3. (3) Adulteration levels and accept/reject criteria. FDA considers a lot of medical gloves to be adulterated when the number of defective gloves found in the tested sample meets or exceeds the applicable rejection number at the 1.5 AQL for surgeons' gloves or the 2.5 AQL for patient examination gloves. These acceptance and rejection numbers are identified in the tables following paragraph (c)(3) of this section as follows:

      Accept/Reject Criteria at 1.5 AQL for Surgeons' Gloves

      Lot Size	Sample	Sample Size	Number Examined	Number Defective
      Accept	Reject
      8 to 90	Single sample		8	0	1
      91 to 280	Single sample		32	1	2
      281 to 500	Single sample		50	2	3
      501 to 1,200	Single sample		80	3	4
      1,201 to 3,200	First	32	32	—	4
      	Second	32	64	1	5
      	Third	32	96	2	6
      	Fourth	32	128	3	7
      	Fifth	32	160	5	8
      	Sixth	32	192	7	9
      	Seventh	32	224	9	10
      3,201 to 10,000	First	50	50	0	4
      	Second	50	100	1	6
      	Third	50	150	3	8
      	Fourth	50	200	5	10
      	Fifth	50	250	7	11
      	Sixth	50	300	10	12
      	Seventh	50	350	13	14
      10,001 to 35,000	First	80	80	0	5
      	Second	80	160	3	8
      	Third	80	240	6	10
      	Fourth	80	320	8	13
      	Fifth	80	400	11	15
      	Sixth	80	480	14	17
      	Seventh	80	560	18	19
      35,000	First	125	125	1	7
      	Second	125	250	4	10
      	Third	125	375	8	13
      	Fourth	125	500	12	17
      	Fifth	125	625	17	20
      	Sixth	125	750	21	23
      	Seventh	125	875	25	26

      Accept/Reject Criteria at 2.5 AQL for Patient Examination Gloves

      Lot Size	Sample	Sample Size	Number Examined	Number Defective
      Accept	Reject
      5 to 50	Single sample		5	0	1
      51 to 150	Single sample		20	1	2
      151 to 280	Single sample		32	2	3
      281 to 500	Single sample		50	3	4
      501 to 1,200	Single sample		80	5	6
      1,201 to 3,200	First	32	32	0	4
      	Second	32	64	1	6
      	Third	32	96	3	8
      	Fourth	32	128	5	10
      	Fifth	32	160	7	11
      	Sixth	32	192	10	12
      	Seventh	32	224	13	14
      3,201 to 10,000	First	50	50	0	5
      	Second	50	100	3	8
      	Third	50	150	6	10
      	Fourth	50	200	8	13
      	Fifth	50	250	11	15
      	Sixth	50	300	14	17
      	Seventh	50	350	18	19
      10,001 to 35,000	First	80	80	1	7
      	Second	80	160	4	10
      	Third	80	240	8	13
      	Fourth	80	320	12	17
      	Fifth	80	400	17	20
      	Sixth	80	480	21	23
      	Seventh	80	560	25	26
      35,000 and above	First	125	125	2	9
      	Second	125	250	7	14
      	Third	125	375	13	19
      	Fourth	125	500	19	25
      	Fifth	125	625	25	29
      	Sixth	125	750	31	33
      	Seventh	125	875	37	38

4. (d) Compliance. Lots of gloves that are sampled, tested, and rejected using procedures in paragraphs (b) and (c) of this section, are considered adulterated within the meaning of section 501(c) of the act.

   1. (1) Detention and seizure. Lots of gloves that are adulterated under section 501(c) of the act are subject to administrative and judicial action, such as detention of imported products and seizure of domestic products.

   2. (2) Reconditioning. FDA may authorize the owner of the product, or the owner's representative, to attempt to recondition, i.e., bring into compliance with the act, a lot or part of a lot of foreign gloves detained at importation, or a lot or part of a lot of seized domestic gloves.

      1. (i) Modified sampling, inspection, and acceptance. If FDA authorizes reconditioning of a lot or portion of a lot of adulterated gloves, testing to confirm that the reconditioned gloves meet AQLs must be performed by an independent testing facility. The following tightened sampling plan must be followed, as described in ISO 2859 “Sampling Procedures for Inspection by Attributes:”

         1. (A) General inspection level II,
         2. (B) Single sampling plans for tightened inspection,
         3. (C) 1.5 AQL for surgeons' gloves, and
         4. (D) 2.5 AQL for patient examination gloves.

      2. (ii) Adulteration levels and acceptance criteria for reconditioned gloves.

         1. (A) FDA considers a lot or part of a lot of adulterated gloves, that is reconditioned in accordance with paragraph (d)(2)(i) of this section, to be acceptable when the number of defective gloves found in the tested sample does not exceed the acceptance number in the appropriate tables in paragraph (d)(2)(ii)(B) of this section for reconditioned surgeons' gloves or patient examination gloves.

         2. (B) FDA considers a reconditioned lot of medical gloves to be adulterated within the meaning of section 501(c) of the act when the number of defective gloves found in the tested sample meets or exceeds the applicable rejection number in the tables following paragraph (d)(2)(ii)(B) of this section:

            Accept/Reject Criteria at 1.5 AQL for Reconditioned Surgeons' Gloves

            Lot Size	Sample	Sample Size	Number Defective
            Accept	Reject
            13 to 90	Single sample	13	0	1
            91 to 500	Single sample	50	1	2
            501 to 1,200	Single sample	80	2	3
            1,201 to 3,200	Single sample	125	3	4
            3,201 to 10,000	Single sample	200	5	6
            10,001 to 35,000	Single sample	315	8	9
            35,000 and above	Single sample	500	12	13

            Accept/Reject Criteria at 2.5 AQL for Reconditioned Patient Examination Gloves

            Lot Size	Sample	Sample Size	Number Defective
            Accept	Reject
            8 to 50	Single sample	8	0	1
            51 to 280	Single sample	32	1	2
            281 to 500	Single sample	50	2	3
            501 to 1,200	Single sample	80	3	4
            1,201 to 3,200	Single sample	125	5	6
            3,201 to 10,000	Single sample	200	8	9
            10,001 to 35,000	Single sample	315	12	13
            35,000 and above	Single sample	500	18	19

[55 FR 51256, Dec. 12, 1990, as amended at 71 FR 75876, Dec. 19, 2006]