10506.1 Each owner or operator shall maintain a historical file containing the labeling and advertisements in use on the date of initial listing, and in use after October 10, 1978, but before the date of initial listing, as follows:

1. (a) For each device subject to 21 U.S.C. §§ 360d or 360e of the act that is not a restricted device, a copy of all labeling for the device;
2. (b) For each restricted device, a copy of all labeling and advertisements for the device; and
3. (c) For each device that is neither restricted nor subject to 21 U.S.C. §§ 360d or 360e of the act, a copy of all labels, package inserts, and a representative sampling of any other labeling.

10506.2 In addition to the requirements set forth in this section, each owner or operator shall maintain in the historical file any labeling or advertisements in which a material change has been made any time after initial listing.

10506.3 Each owner or operator may discard labeling and advertisements from the historical file three (3) years after the date of the last shipment of a discontinued device by an owner or operator.

10506.4 Location of the file:

1. (a) Currently existing systems for maintenance of labeling and advertising may be used for the purpose of maintaining the historical file as long as the information included in the systems fulfills the requirements of this section, but only if the labeling and advertisements are retrievable in a timely manner;
2. (b) The contents of the historical file may be physically located in more than one (1) place in the establishment or in more than one (1) establishment provided there exists joint ownership and control among all the establishments maintaining the historical file. If no joint ownership and control exists, the registered establishment must provide the Department with a letter authorizing the establishment outside its control to maintain the historical file; and
3. (c) A copy of the certification and disclosure statements as required by this chapter shall be retained and physically located at the establishment maintaining the historical file.

10506.5 Each owner or operator shall be prepared to submit to the Department, only upon specific request, the following information:

(a) For a device subject to 21 U.S.C. §§ 360d or 360e of the act, that is not a restricted device, a copy of all labeling for the device;

(b) For a device that is a restricted device, a copy of all labeling for the device, a representative sampling of advertisements for the device, and for good cause, a copy of all advertisements for a particular device. A request for all advertisements will, where feasible, be accompanied by an explanation of the basis for such request;

(c) For a device that is not a restricted device, the label and package insert for the device and a representative sampling of any other labeling for the device;

(d) For a particular device, a statement of the basis upon which the registrant has determined the device is not a restricted device pursuant to 21 U.S.C. §§ 360d or 360e;

(e) For a particular device, a statement of the basis for determining that the product is a device rather than a drug; or

(f) For a device that the owner or operator has manufactured for distribution under a label other than its own, the names of all distributors for whom it has been manufactured.

SOURCE: Final Rulemaking published at 60 DCR 10252 (July 12, 2013).