21 CFR Part 803 · Medical Device Reporting

§ 803.40 If I am an importer, what reporting requirements apply to me?

Subpart D - Importer Reporting Requirements Official text on eCFR Amendment history

(a) Reports of deaths or serious injuries. You must submit a report to us, and a copy of this report to the manufacturer, as soon as practicable, but no later than 30 calendar days after the day that you receive or otherwise become aware of information from any source, including user facilities, individuals, or medical or scientific literature, whether published or unpublished, that reasonably suggests that one of your marketed devices may have caused or contributed to a death or serious injury. You must submit the information required by § 803.42 . Reports sent to the Agency must be submitted in accordance with the requirements of § 803.12(a) .

(b) Reports of malfunctions. You must submit a report to the manufacturer as soon as practicable but no later than 30 calendar days after the day that you receive or otherwise become aware of information from any source, including user facilities, individuals, or through your own research, testing, evaluation, servicing, or maintenance of one of your devices, that reasonably suggests that one of your devices has malfunctioned and that this device or a similar device that you market would be likely to cause or contribute to a death or serious injury if the malfunction were to recur. You must submit the information required by § 803.42 . Reports to manufacturers may be made in accordance with § 803.11(b) .

Independent copy, not an official legal edition. 21 CFR is a U.S. Government work in the public domain; this text comes from the eCFR and the annual CFR edition, and may lag recent amendments. The authoritative version is on ecfr.gov. Compliome is not affiliated with or endorsed by FDA. Not legal advice.

What FDA inspectors cite under § 803.40

Form FDA 483 observations citing this section, fiscal years 2009–2026 (Devices).

  • Report of death, injury 18
  • Report of malfunction likely to cause death or injury 13

FDA guidance that cites § 803.40

Amendment history

Federal Register documents that created or amended this section.