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U.S. Department of Health and Human Services

Medical Device Exemptions 510(k) and GMP Requirements

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Following is a breakdown of 510(k) exempt and Good Manufacturing Practice (GMP)/Quality System exemptions listed by device class. All devices in this list are 510(k) exempt unless further qualified by a footnote. Only devices annotated by (*) are also exempt from GMP except for general recordkeeping requirements and compliant files.

Class I Devices

FDA has exempted almost all class I devices (with the exception of Reserved Devices from the premarket notification requirement, including those devices that were exempted by final regulation published in the Federal Registers of December 7, 1994, and January 16, 1996. Some 510(k) exemptions annotated with "\#\" are with certain limitations as noted in the footnotes. It is important to confirm the exempt status and any limitations that apply with 21 CFR Parts 862-892. Limitations of device exemptions are covered under 21 CFR xxx.9, where xxx refers to Parts 862-892.

If a manufacturer's device falls into a generic category of exempted class I devices as defined in 21 CFR Parts 862-892, a premarket notification application and FDA clearance is not required before marketing the device in the U.S. However, these manufacturers are required to register their establishment and list the generic category or classification name. Registration and listing information is submitted by using FDA’s Unified Registration and Listing System (FURLS)/ Device Registration and Listing Module (DRLM) at: https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/RegistrationandListing/ucm053185.htm

IMPORTANT NOTE: Only the class I devices with an asterisk (*) are also exempted from the GMP regulation, except for general requirements concerning records (820.180) and complaint files (820.198), as long as the device is not labeled or otherwise represented as sterile.

Class II Devices

The Food and Drug Administration (FDA) has also published a list of class II (special controls) devices (those devices are annotated as "(II)"), subject to certain limitations, that are exempt from premarket notification requirements under the Food and Drug Administration Modernization Act of 1997 (FDAMA) or the 21st Century Cures Act of 2016 (Cures Act). FDA believes that these exemptions will relieve manufacturers from the need to submit premarket notification submissions for these devices and will enable FDA to redirect the resources that would be spent on reviewing such submissions to more significant public health issues. FDA is taking this action in order to meet requirements of FDAMA and the Cures Act. Class II devices are annotated "(II)". Please note that class II devices are NOT exempt from GMP requirements.

864.1850 dye and chemical solution stains.  *
864.1860 immunohistochemistry reagents and kits.  
864.2220 synthetic cell and tissue culture media and components.  
864.2240 cell and tissue culture supplies and equipment.  *
864.2260 chromosome culture kit.  
864.2280 cultured animal and human cells.  
864.2360 mycoplasma detection media and components.  
864.2800 animal and human sera.  
864.2875 balanced salt solutions or formulations.  
864.3010 tissue processing equipment.  *
864.3250 specimen transport and storage container. 86  
864.3250 specimen transport and storage container. 86  *
864.3260 otc test sample collection systems for drugs of abuse testing. 87  
864.3300 cytocentrifuge.  
864.3400 device for sealing microsections.  
864.3600 microscopes and accessories.  *
864.3800 automated slide stainer.  
864.3875 automated tissue processor.  
864.4010 general purpose reagent.  *
864.4020 analyte specific reagents.  
864.4400 enzyme preparations.  
864.5240 automated blood cell diluting apparatus.  
864.5350 microsedimentation centrifuge.  
864.5400 coagulation instrument. (II)  
864.5425 multipurpose system for in vitro coagulation studies. (II)  
864.5800 automated sedimentation rate device.  
864.5850 automated slide spinner.  
864.6100 bleeding time device. (II)  
864.6150 capillary blood collection tube.  
864.6160 manual blood cell counting device.  
864.6400 hematocrit measuring device. (II)  
864.6550 occult blood test. (II)  
864.6600 osmotic fragility test.  
864.6650 platelet adhesion test. (II)  
864.6700 erythrocyte sedimentation rate test.  
864.7040 adenosine triphosphate release assay.  
864.7275 euglobulin lysis time tests. (II)  
864.7300 fibrin monomer paracoagulation test. (II)  
864.7340 fibrinogen determination system. (II)  
864.7375 glutathione reductase assay. (II)  
864.7415 abnormal hemoglobin assay. (II)  
864.7455 fetal hemoglobin assay. (II)  
864.7500 whole blood hemoglobin assays. (II)  
864.7660 leukocyte alkaline phosphatase test.  
864.7675 leukocyte peroxidase test.  
864.7720 prothrombin consumption test. (II)  
864.7735 prothrombin-proconvertin test and thrombotest. (II)  
864.7900 thromboplastin generation test.  
864.8150 calibrator for cell indices. (II)  
864.8165 calibrator for hemoglobin or hematocrit measurement. (II)  
864.8175 calibrator for platelet counting. (II)  
864.8185 calibrator for red cell and white cell counting. (II)  
864.8200 blood cell diluent.  
864.8500 lymphocyte separation medium.  
864.8540 red cell lysing reagent.  
864.8625 hematology quality control mixture. (II)  
864.9125 vacuum-assisted blood collection system. 2  
864.9160 blood group substances of nonhuman origin for in vitro diagnostic use. (II)  
864.9185 blood grouping view box.  
864.9195 blood mixing devices and blood weighing devices. 2  
864.9225 cell-freezing apparatus and reagents for in vitro diagnostic use.  
864.9275 blood bank centrifuge for in vitro diagnostic use.  
864.9320 copper sulfate solution for specific gravity determinations.  
864.9400 stabilized enzyme solution. (II)  
864.9550 lectins and protectins. (II)  
864.9575 environmental chamber for storage of platelet concentrate. (II)  
864.9600 potentiating media for in vitro diagnostic use. (II)  
864.9700 blood storage refrigerator and blood storage freezer. (II)  
864.9750 heat-sealing device.  


2 Exemption is limited to manual devices.
86 This section does not apply to specimen transport and storage containers that are intended for use as part of an over-the-counter test sample collection system for drugs of abuse testing.
87 510(k) exempt only if it is sold, distributed, and used in accordance with the restrictions set forth in 809.40, exempt from GMP only if not labeled or sold as sterile.