Skip to content
The COVID Project
  1. Library
  2. Other federal health agencies
  3. AGY-FED-HEALTH-OTHER-036

Ex. AGY-FED-HEALTH-OTHER-036 Order Primary source read

Emergency Use Authorization Declaration (medical devices, including alternative products used as medical devices), 85 Fed. Reg. 17335 (Mar. 27, 2020)

Emergency Use Authorization Declaration

Alex M. Azar II, Secretary of Health and Human Services · United States (federal); Department of Health and Human Services, Office of the Secretary (Federal)

The COVID Project

The record

Jurisdiction
United States (federal); Department of Health and Human Services, Office of the Secretary
Level
Federal
Authority
FD&C Act s. 564(b)(1)(C) (21 U.S.C. 360bbb-3(b)(1)(C))
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-24 (determination effective Feb. 4, 2020) (read as 2020-03-24)
End
Terminated by HHS notice effective in 2026 (post-period); in force throughout 2020-2021 (read as 2021-09-30)
In force
Mar. 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationSupply chain
Addressees
  • FDA; device manufacturers and users
Functions reached
  • SC supply chain
  • PF production floor (converted manufacturing)
Collection
Other federal health agencies AGY-FED-HEALTH-OTHER

Operative words

I declared that circumstances exist justifying the authorization of emergency use of medical devices, including alternative products used as medical devices, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section.

Enforcement

Predicate for FDA authorizations under 21 U.S.C. 360bbb-3(c)

Notes

The March 24, 2020 device declaration underlying the ventilator, face-shield, gown, surgical-mask and decontamination EUAs.

Retrieval note

File slug misdescribes the subject: this Mar. 27, 2020 publication (85 Fed. Reg. 17335) is the MEDICAL DEVICES declaration of Mar. 24, 2020; the drugs-and-biologics declaration of Mar. 27, 2020 is Ex. 037 (85 Fed. Reg. 18250, Apr. 1, 2020). Cite by the text, not the slug.