21 CFR Part 820 · Quality Management System Regulation

§ 820.90 Nonconforming product

Subpart I - Nonconforming Official text on eCFR
Removed from 21 CFR. The Quality Management System Regulation (QMSR) replaced the Quality System Regulation on 2 Feb 2026. Removed by the Quality Management System Regulation, effective 2 February 2026: Part 820 now incorporates ISO 13485:2016 by reference (§ 820.7) and requires it in § 820.10. See § 820.10. The text below is the former QSR wording, kept for reference.

(a) Control of nonconforming product. Each manufacturer shall establish and maintain procedures to control product that does not conform to specified requirements. The procedures shall address the identification, documentation, evaluation, segregation, and disposition of nonconforming product. The evaluation of nonconformance shall include a determination of the need for an investigation and notification of the persons or organizations responsible for the nonconformance. The evaluation and any investigation shall be documented.

(b) Nonconformity review and disposition. (1) Each manufacturer shall establish and maintain procedures that define the responsibility for review and the authority for the disposition of nonconforming product. The procedures shall set forth the review and disposition process. Disposition of nonconforming product shall be documented. Documentation shall include the justification for use of nonconforming product and the signature of the individual(s) authorizing the use.

(2) Each manufacturer shall establish and maintain procedures for rework, to include retesting and reevaluation of the nonconforming product after rework, to ensure that the product meets its current approved specifications. Rework and reevaluation activities, including a determination of any adverse effect from the rework upon the product, shall be documented in the DHR. Subpart J—Corrective and Preventive Action

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 § 820.90

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

  • Nonconforming product, Lack of or inadequate procedures 1,380
  • Nonconforming product control 346
  • Product rework procedures, Lack of or inadequate procedures 263
  • Procedures for product review,disposition lack of/inadequate 236
  • Product rework documentation, DHR {see also 820.184} 136
  • Documentation of disposition, justification, signature 29

Warning letters citing § 820.90

78 FDA warning letters since 2017 cite this section ; the most recent:

FDA guidance that cites § 820.90