On Aug. 2, 2013, the FDA published its fiscal year 2014 user fee schedules in the Federal Register. The new user fees will be in effect Oct. 1, 2013, through Sept. 30, 2014. Although there has been industry concern of sequestration's threat on the FDA User Fees, various industry trade groups and representatives have praised congressional efforts to pass legislation exempting those fees from sequestration. Below is a brief overview of the new rates for various types of User Fees in fiscal year 2014.

Application Name

User Fee

Notes

Prescription Drug User Fee Rates

New Drug Application Fee – clinical data

$2,169,100

Fee increased by 10.7%

New Drug Application Fee – no clinical data required

$1,084,500

Fee increased by 10.7%

New Drug Application Fee – supplement requiring clinical data

$1,084,500

Fee increased by 10.7%

NDA Establishment Fee

$554,600

Fee increased by 5.3%

Animal Product Registration Fee

$104,060

Fee increased by 5.8%

Generic Drug User Fee Rates

Abbreviated New Drug Application Fee

$63,860

Master File Fee

$31,460

Generic Drug Active Pharmaceutical Ingredient (API) Fee – Domestic

$34,515

The basis for the differential between the foreign and domestic fee is the extra cost incurred by conducting an inspection outside the United States.

API Fee – Foreign

$49,515

Finished Dosage Form (FDF) Facility Fee – Domestic

$220,152

FDF Fee – Foreign

$235,152

Medical Device User Fee Rates

Standard

Premarket Approval Fee

$258,520

Fee increased by 4.2%

Premarket Notification (510(k)) Fee

$5,170

Small Business

Premarket Approval Fee

$64,630

If an entity can qualify as a "small business" (i.e., the entity has gross receipts or sales of no more than $100 million for the most recent tax year) the entity is eligible for significant reductions in user fees (approximately a 75% discount) as well as a one-time waiver of the user fee for its first-ever premarket application, biologics license application, product development protocol or premarket report.

Premarket Notification (510(k)) Fee

$2,585

Biosimilar User Fee Rates

Biological Product Development Fee – Initial

$216,910

Fee increased by 10.7%

Biological Product Development Fee – Annual

$216,910

Biological Product Development Fee – Reactivation

$433,820

Animal Drug User Fee Rates and Generic Animal Drug User Fee Rates

Animal Drug Application Fee

$396,600

Fee decreased by 8.9%

Animal Drug Establishment Fee

$105,800

Fee increased by 1.1%

Animal Drug Sponsor Fee

$101,150

Fee increased by 15.3%

Generic New Animal Drug Product Fee

$8,035

Fee increased by 23.3%

Abbreviated Application Fee for a Generic New Animal Drug

$177,900

Fee increased by 20%

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.