FDA Update

December 6, 2024

COVID Public Health Emergency Exemption from Fees to Expire

FDA Reminds OTC Hand Sanitizer Manufacturers of OMUFA Facility Fees for FY 2025

FDA is reminding companies who registered with the agency solely to manufacture hand sanitizer during the COVID-19 public health emergency that they are subject to fiscal year (FY) 2025 OMUFA facility fees, unless they delist and deregister before 12 a.m. EST on Dec. 31, 2024, if they no longer manufacture hand sanitizer.

As explained in the January 2021 Department of Health and Human Services’ (HHS) Federal Register notice (FRN), [and FDA’s subsequent Federal Register notices published on  March 26, 2021, March 16, 2022 and March 27, 2023 of FY 2021-2023 OMUFA FRNs]], companies that first registered with FDA during the COVID-19 public health emergency (PHE) solely for purposes of manufacturing OTC hand sanitizer products during the PHE were not identified as facilities subject to the OMUFA facility fee, for a certain time period.  That time period, which extended beyond the end of the PHE, concludes December 30, 2024.

Additionally, FDA reminded these companies they will be liable for the OMUFA facility fee for FY 2025 if they continue to manufacture hand sanitizer products after December 30, 2024, in the FRN “Over-the-Counter Monograph Drug User Fee Program – Facility Fee Rates for Fiscal Year 2024.”

The PHE expired on May 11, 2023.  Companies that continue to manufacture hand sanitizer products as of December 31, 2024, will be identified as OTC monograph drug facilities and be subject to an OMUFA facility fee for FY 2025.

Alternatively, if a company ceases manufacturing hand sanitizer products and delists and deregisters before 12 a.m. EST on December 31, 2024, it will not be identified as an OTC monograph drug facility and will not be subject to the FY 2025 OMUFA facility fee.

Questions?

For more information on OTC Hand Sanitizer Manufacturers and the FDA regulations, please email us at: [email protected] and ref: OTC Hand Sanitizer Manufacturers.