(a) General ruleExcept as provided in subsection (b), no State or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement—(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.
(b) Exempt requirementsUpon application of a State or a political subdivision thereof, the Secretary may, by regulation promulgated after notice and opportunity for an oral hearing, exempt from subsection (a), under such conditions as may be prescribed in such regulation, a requirement of such State or political subdivision applicable to a device intended for human use if—(1) the requirement is more stringent than a requirement under this chapter which would be applicable to the device if an exemption were not in effect under this subsection; or
(2) the requirement—(A) is required by compelling local conditions, and
(B) compliance with the requirement would not cause the device to be in violation of any applicable requirement under this chapter.
Structure US Code
CHAPTER 9— FEDERAL FOOD, DRUG, AND COSMETIC ACT
SUBCHAPTER V— DRUGS AND DEVICES
§ 351. Adulterated drugs and devices
§ 352. Misbranded drugs and devices
§ 353. Exemptions and consideration for certain drugs, devices, and biological products
§ 353a–1. Enhanced communication
§ 353b. Outsourcing facilities
§ 353c. Prereview of television advertisements
§ 353d. Process to update labeling for certain generic drugs
§ 354. Veterinary feed directive drugs
§ 355–1. Risk evaluation and mitigation strategies
§ 355–2. Actions for delays of generic drugs and biosimilar biological products
§ 355a. Pediatric studies of drugs
§ 355b. Adverse-event reporting
§ 355c. Research into pediatric uses for drugs and biological products
§ 355e. Pharmaceutical security
§ 355f. Extension of exclusivity period for new qualified infectious disease products
§ 355g. Utilizing real world evidence
§ 356. Expedited approval of drugs for serious or life-threatening diseases or conditions
§ 356–1. Accelerated approval of priority countermeasures
§ 356–2. Accelerated approval Council
§ 356b. Reports of postmarketing studies
§ 356c. Discontinuance or interruption in the production of life-saving drugs
§ 356c–1. Annual reporting on drug shortages
§ 356d. Coordination; task force and strategic plan
§ 356f. Hospital repackaging of drugs in shortage
§ 356g. Standards for regenerative medicine and regenerative advanced therapies
§ 356h. Competitive generic therapies
§ 356i. Prompt reports of marketing status
§ 356j. Discontinuance or interruption in the production of medical devices
§ 356l. Advanced manufacturing technologies designation program
§ 357. Qualification of drug development tools
§ 358. Authority to designate official names
§ 359. Nonapplicability of subchapter to cosmetics
§ 360. Registration of producers of drugs or devices
§ 360a. Clinical trial guidance for antibiotic drugs
§ 360a–2. Susceptibility test interpretive criteria for microorganisms
§ 360b–1. Priority zoonotic animal drugs
§ 360c. Classification of devices intended for human use
§ 360e–1. Pediatric uses of devices
§ 360e–3. Breakthrough devices
§ 360e–4. Predetermined change control plans for devices
§ 360g–1. Agency documentation and review of significant decisions regarding devices
§ 360g–2. Third party data transparency
§ 360h. Notification and other remedies
§ 360h–1. Program to improve the device recall system
§ 360i. Records and reports on devices
§ 360j. General provisions respecting control of devices intended for human use
§ 360k. State and local requirements respecting devices
§ 360l. Postmarket surveillance
§ 360n. Priority review to encourage treatments for tropical diseases
§ 360n–1. Priority review for qualified infectious disease products