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It is not a violation of any section of this chapter or of the Public Health Service Act for a government entity (including a Federal, State, local, or tribal government entity), or a person acting on behalf of such a government entity, to introduce into interstate commerce a product (as defined in section 360bbb-3(a)(4) of this title) intended for emergency use, if that product--
(1) is intended to be held and not used; and
(2) is held and not used, unless and until that product--
(A) is approved, cleared, or licensed under section 355, 360(k), or 360e of this title or section 351 of the Public Health Service Act;
(B) is authorized for investigational use under section 355 or 360j of this title or section 351 of the Public Health Service Act; or
(C) is authorized for use under section 360bbb-3 of this title.
Cite this article: FindLaw.com - 21 U.S.C. § 360bbb-3b - U.S. Code - Unannotated Title 21. Food and Drugs § 360bbb-3b. Products held for emergency use - last updated January 01, 2018 | https://codes.findlaw.com/us/title-21-food-and-drugs/21-usc-sect-360bbb-3b.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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