21 CFR 10.3 - Definitions.
(a) The following definitions apply in this part and parts 12, 13, 14, 15, 16, and 19:
Administrative action includes every act, including the refusal or failure to act, involved in the administration of any law by the Commissioner, except that it does not include the referral of apparent violations to U.S. attorneys for the institution of civil or criminal proceedings or an act in preparation of a referral.
Administrative file means the file or files containing all documents pertaining to a particular administrative action, including internal working memoranda, and recommendations.
Department means the U.S. Department of Health and Human Services.
Division of Dockets Management means the Division of Dockets Management, Office of Management and Operations of the Food and Drug Administration, U.S. Department of Health and Human Services, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Ex parte communication means an oral or written communication not on the public record for which reasonable prior notice to all parties is not given, but does not include requests for status reports on a matter.
Food and Drug Administration employee or Food and Drug Administration representative includes members of the Food and Drug Division of the office of the General Counsel of the Department of Health and Human Services.
Formal evidentiary public hearing means a hearing conducted under part 12.
Interested person or any person who will be adversely affected means a person who submits a petition or comment or objection or otherwise asks to participate in an informal or formal administrative proceeding or court action.
Meeting means any oral discussion, whether by telephone or in person.
Office of the Commissioner includes the offices of the Associate Commissioners but not the centers or the regional or district offices.
Order means the final agency disposition, other than the issuance of a regulation, in a proceeding concerning any matter and includes action on a new drug application, new animal drug application, or biological license.
Party means the center of the Food and Drug Administration responsible for a matter involved and every person who either has exercised a right to request or has been granted the right by the Commissioner to have a hearing under part 12 or part 16 or who has waived the right to a hearing to obtain the establishment of a Public Board of Inquiry under part 13 and as a result of whose action a hearing or a Public Board of Inquiry has been established.
Person includes an individual, partnership, corporation, association, or other legal entity.
Petition means a petition, application, or other document requesting the Commissioner to establish, amend, or revoke a regulation or order, or to take or not to take any other form of administrative action, under the laws administered by the Food and Drug Administration.
Public advisory committee or advisory committee means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup of an advisory committee, that is not composed wholly of full-time employees of the Federal Government and is established or utilized by the Food and Drug Administration to obtain advice or recommendations.
Public Board of Inquiry or Board means an administrative law tribunal constituted under part 13.
Public hearing before a public advisory committee means a hearing conducted under part 14.
Public hearing before a Public Board of Inquiry means a hearing conducted under part 13.
Public hearing before the Commissioner means a hearing conducted under part 15.
Regulations means an agency rule of general or particular applicability and future effect issued under a law administered by the Commissioner or relating to administrative practices and procedures. In accordance with § 10.90(a), each agency regulation will be published in the Federal Register and codified in the Code of Federal Regulations.
Regulatory hearing before the Food and Drug Administration means a hearing conducted under part 16.
Secretary means the Secretary of Health and Human Services.
The laws administered by the Commissioner or the laws administered by the Food and Drug Administration means all the laws that the Commissioner is authorized to administer.
(c) Words in the singular form include the plural, words in the masculine form include the feminine, and vice versa.