NAI:最好,No action indicated,表示没有问题,无需采取措施
VAI:Voluntary Action Indicated ,有一些问题,不过口头上说说,改好后就可以了,自愿采取措施如483 (无标题信)
OAI:最严重,Official action indicated,官方正式的通知有问题,需采取官方措施。 如警告信 。
http://www.fda.gov/iceci/inspections/fieldmanagementdirective
The “Inspection Conclusion” indicates whether or not objectionable conditions and/or practices were found during the inspection and local IB management’s evaluation of their relative significance.
FACTS – “Inspection Conclusion” | DEFINITION |
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No Action Indicated (NAI) | No Objectionable conditions or practices were found during the inspection (or the significance of the documented objectionable conditions found does not justify further FDA action). |
Correction Indicated (CI) | Objectionable conditions and practices were found during the inspection, for which the establishment failed to meet either regulatory or administrative requirements. A CI conclusion should be made only if a FDA-483 has been issued unless the only significant observations are non-reportable as specified by IOM 5.2.3.3. |
Referred to Center (RTC) | RTC is a temporary in-process conclusion showing that the EIR should be referred to the appropriate Center for the “Final Decision” on the “Inspection Conclusion” and “District Decision.” |
The “District Decision” represents the action that the District will take or recommend after considering the findings of the inspection, any events that occurred following the findings, and Agency policy.
The District Decision section is located in the FACTS “Maintain Inspection Results” screen below the “Inspected Process and Conclusions” section.
The following District Decisions will be used as appropriate:
FACTS – “Decision Type” | DEFINITION |
---|---|
No Action Indicated (NAI) | |
Voluntary Action Indicated (VAI) | Objectionable conditions were found and documented but the District and/or Center is not prepared to take or recommend any of the regulatory (advisory, administrative, or judicial) actions listed below since the objectionable conditions do not meet the threshold for regulatory action. |
Official Action Indicated (OAI) | Objectionable conditions were found and one of the regulatory actions listed below should be recommended. |
Referred to State (RTS) | Referred to State, local, or other federal office. |
Referred to Center (RTC) | This “District Decision Type” can only be used when the objectionable conditions or apparent violations noted constitute a compliance area for which no clear policy has been established or significant technical issues exist which require Center review and decision. |
Investigations Branch Responsibilities:
The Supervisory Investigator/Team Leader
"No Objectionable Conditions or Practices Found" Inspections:
If the Supervisory Investigator/Team Leader concludes that no objectionable conditions or practices were found during the inspection, or the objectionable conditions found do not justify further action, an “Inspection Conclusion” of “No Action Indicated (NAI)” should be selected.
"Objectionable Conditions or Practices Found" Inspections:
If the Supervisory Investigator/Team Leader concludes that significant, valid, and documented objectionable conditions or practices were found, the District Decision must then be one of the following:
If the significant objectionable conditions and practices were found, but the District is not prepared to take or recommend any regulatory action, the Supervisory Investigator/Team Leader should then assign the “District Decision Type” of “Voluntary Action Indicated (VAI)” and check off the “Final Decision” block in FACTS as noted below.
If the IB determines that an “Untitled Letter” or a Regulatory Meeting to discuss the findings is warranted, the endorsement should reflect this decision. Typically, the Supervisory Investigator/Team Leader should enter the “District Decision Type” of VAI, create a FACTS Compliance Assignment, and inform the Compliance Branch. Once a Compliance Assignment is initiated in FACTS, Compliance Branch is responsible for checking off the “Final Decision” block.
The Supervisory Investigator/Team Leader will NOT be able to link the “Inspection Record” to the Compliance Assignment upon creating the assignment; however, the Compliance Officer who receives the assignment can do so after changing the status of the assignment to “In Progress”.
If the significant objectionable conditions or practices warrant a Warning Letter or one of the other regulatory actions listed below, the Supervisory Investigator/Team Leader will assign the “District Decision Type” of “Official Action Indicated (OAI)”. This would include an establishment conducting a voluntary recall where the district has decided conditions warrant regulatory action. The supervisory investigator will include in the EIR endorsement an evaluation of inspection findings and a recommended action and inform Compliance Branch.
When an OAI classification is entered into FACTS, the supervisor will be prompted and should either create a new Compliance Assignment or link the inspection to an existing assignment.
Compliance Branch Responsibilities:
When IB has determined that objectionable conditions or practices were found, that adequate evidence is present, and has made a “District Decision” of RTC, RTS, or OAI, Compliance Branch must review the EIR, endorsement, and other information provided. Compliance Branch will evaluate the IB referral and take appropriate action as required. When evidence is insufficient, Compliance Branch will develop an enforcement strategy in collaboration with IB, the Center(s), and/or ORA Headquarters as appropriate.
Compliance Branch will make the “Final Decision” in FACTS for the District except as noted in section 3. FACTS - “Final Decision” below. To arrive at the appropriate “final decision”, Compliance Branch may initiate further inquiries to evaluate the evidence, e.g. follow-up assignments, reference searches, consultations, regulatory meetings, etc. (See RPM for further discussion and uses of Regulatory Meetings.)
“Voluntary Action Indicated (VAI)” - Instructions
If IB has determined that significant objectionable conditions and practices were found, has assigned the “District Decision Type” of “Voluntary Action Indicated (VAI),” and determined that an “Untitled Letter,” a Regulatory Meeting, or other communication with the establishment to discuss the findings is warranted, the Supervisory Investigator will create a FACTS Compliance assignment and the Compliance Officer will link the inspection record to the assignment. If the Compliance Assignment is not created by the supervisory investigator, the Compliance Officer should create one and link the inspection record to it.
Compliance Branch will review the EIR, determine if the recommended action is appropriate, and whether adequate evidence has been provided to support the action. If Compliance Branch concurs, it will check off the “Final Decision” block, prepare the appropriate recommendation for the “Untitled Letter,” arrange a Regulatory Meeting, or otherwise communicate with the establishment in question. If Compliance Branch does not concur, it will change the “District Decision,” document the justification for the change per District procedures, check off the “Final Decision” block, and take or recommend any appropriate action.
“Official Action Indicated (OAI)” – Instructions
If IB has determined that significant objectionable conditions or practices found during a domestic or foreign inspection warrant a Warning letter or one of the other regulatory actions listed below, IB will assign the “District Decision Type” of “Official Action Indicated (OAI)”, and recommend an action. FACTS will automatically generate an assignment for Compliance Branch. Compliance Branch will review the EIR, determine if the recommended action is appropriate, and whether adequate evidence has been provided to support the action. If Compliance Branch concurs, it will prepare any recommendation required for Center, OCC, and HQ review per the RPM, CPGM, etc. If Compliance Branch does not concur, it will change the “District Decision,” document the justification for the change per District procedures, check off the “Final Decision” block, and take or recommend any appropriate action.
Whenever Untitled Letters or Regulatory Meetings are determined to be the appropriate action, an assessment of the firm’s response to these advisory actions should be made. If it is determined their response or proposed voluntary corrections are inadequate or require verification, a final classification or re-classification of OAI can be entered.
“Referred to Center (RTC)” – Instructions:
If IB has determined that the findings constitute a compliance area for which no clear policy has been established or significant technical issues exist which require Center review, and has entered the “District Decision” as “Referred to Center (RTC),” Compliance Branch will review the recommendation and determine if the referral is required. If Compliance does not concur, it will change the “District Decision,” document the justification for the change per District procedures, check off the “Final Decision” block, and take or recommend any appropriate action. If Compliance Branch concurs, they will inform the appropriate Center of the decision via email or memo, which shall be made part of the establishment file. These reports should be monitored to ensure that the “Inspection Conclusion,” “District Decision,” and “Final Decision” are entered into the data system under the fiscal year in which the inspection was made. NOTE: Do not use this decision for a report being forwarded to a Center for concurrence with a regulatory action being recommended by the district.
“Referred to State (RTS)” – Instructions
When the Supervisory Investigator/Team Leader has determined significant objectionable conditions or practices are present, but the Agency either cannot or exercises discretion not to take regulatory action, IB will assign a recommended “District Decision” of “Referred to State (RTS)”. Since the reason for a referral is usually to request the State to consider some action, Compliance Branch shall review and assess the recommendation. If Compliance Branch concurs, it will prepare a memorandum for referral to the State. Compliance is obligated to maintain contact with the State to monitor action taken. If Compliance does not concur, it will change the “District Decision,” document the justification for the change per District procedures, check off the “Final Decision” block, and take or recommend any appropriate action.
FACTS – “Final Decision” With the exception of instances where the compliance program reserves to a Center the right of “Final Decision” or the District has made the “District Decision” of RTC, the appropriate District unit may check off the “Final Decision” block in FACTS as follows:
IB must check off the “Final Decision” block for any inspections classified NAI or VAI, except when an Untitled Letter or a Regulatory Meeting has been recommended.
Compliance Branch must check off the “Final Decision” block for any “District Decisions” of VAI for which an Untitled Letter or a Regulatory Meeting has been recommended, OAI classifications, RTC for which the compliance program does not reserve the Final Decision for the Center, and any RTS classifications.
REGULATORY (ADVISORY, ADMINISTRATIVE, or JUDICIAL) ACTIONS:
Application Action: e.g. {Recommendation for Denial of Pending Application (NDA,
NADA, ANDA, PMA, etc.) Recommendation for Revocation of Approved Application (NDA,
NADA, ANDA, PMA, etc.)} Banning
Certification Withholding or Revocation
Citation
Civil Penalty
Demand for Destruction or other Disposition
Disqualification
Emergency Permit Disapproved
Injunction
License Action: e.g. {Denial, Suspension, or Revocation; Notice of Intent to Revoke License (for Biologics)}
Prosecution
Provisional Listing
Recall (FDA initiated recalls)
Remove from Shippers List
Seizure/Detention
Use Prohibited
Warning Letter
(See section “Compliance Branch Responsibilities” section b. above regarding classification of Untitled Letters or Regulatory Meetings as OAI)