Funding for FDA’s FCN Program Included in Consolidated Appropriations Act

The Food Contact Notification (FCN) Program has been funded through September 30, 2016. The Consolidated Appropriations Act of 2016, signed into law by President Barack Obama on December 18, 2015, provides that all language in the House and Senate Appropriations Committee reports is included unless otherwise stated.  Therefore, the following language from the original House Report (p. 66) is now effective:

“The funds made available by this Act include sufficient monies to fund the FDA’s Food Contact Notification Program and shall be deemed to satisfy the requirements of 21 U.S.C. 348(h)(5)(A). The Committee recommendation does not include proposed user fees.”

The Food and Drug Administration Modernization Act of 1997 established the FCN Program with the stipulation that it shall only operate in years when sufficient funds have been appropriated by Congress. The President's proposed FY2016 budget included $5 million in user fees from FCN submissions, however the Senate Report reinforces that user fees may not be used to fund the FCN Program.