9.02International Harmonization
With regard to the effort to harmonize the U.S. Pharmacopeia, the European Pharmacopoeia, and the Japanese Pharmacopoeia, any matter that has been agreed to by a designated representative of USP that deals with standardization of drugs or other articles or the development of information regarding the use of medicines or related articles must be approved by the respective Division Executive Committee and the Expert Committee in order for such standard or information to be considered official or authorized or adopted by USP. If a matter has been agreed to by another recognized standard setting body and there has been an agreement not to modify such matter without mutual consent, such matter shall not be modified without first obtaining agreement of the other body, unless it is determined by the Chairperson and the Expert Committee that such modification is necessary in the interest of public health. In such case, the Chairperson shall notify the other body and provide the reasons for making such changes.
9.03Requests for Revisions
(a) A Request for Revision is a proposal to revise the USPNF. The Council of Experts shall publish guidance for the general content for submissions of Requests for Revision. Information and supporting data necessary to validate the accuracy and reliability of the submission must be provided to enable evaluation of the submission. A Request for Revision may be refused if the submission does not substantially conform to the guidance.
(b) All Requests for Revisions shall be forwarded to the appropriate Scientific Liaison. The Scientific Liaison and his or her immediate supervisor shall evaluate the relevancy, supportability, and urgency of the Request for Revision in accordance with established policies and procedures. The Scientific Liaison may provide the Request for Revision to the relevant Expert Committee or ad hoc Advisory Panel for its recommendations.
9.04 Publication in the Pharmacopeial Forum
(a) All proposed revisions to articles or the proposed addition of new articles shall be published in the Pharmacopeial Forum (PF) for public review and comment. Approval for publication in PF shall be in accordance with the following Revision Approval Process table:
Revision Approval Process
(b) A period of at least ninety (90) days from the date of publication will be allowed for public review and comment. The time allowed for public comments shall be noted in the publication in the PF. For good cause shown, the Chairperson may alter the time specified. The Scientific Liaison will compile the comments received and forward them to any individuals who were involved in the decision to publish the proposal for publication in PF. Such individuals shall review the comments and accept or reject them, and shall determine whether to proceed with the proposal.
(c) Any proposal published in PF for comment that does not evoke significant adverse comment or objection, or is not materially modified as a result of the comments received, need not be reprinted in PF in final form prior to publication in the USP or the NF. Where a proposal is published in the USP or the NF without such reprinting, such publication may be accompanied by a summary or abstract of each type of comment received and a response to the comment from the Expert Committee, Division Executive Committee, or Chairperson.
(d) Where a proposal published in PF has been materially modified, it shall be reprinted for comment in PF unless otherwise determined by the Chairperson for good cause. Such publication shall be accompanied by a summary or abstract of each type of comment received and a response to the comment from the Expert Committee, the Division Executive Committee, or the Chairperson.
9.05Approval by Expert Committee
(a) Prior to publication in the USP or NF, proposals must be balloted on and approved by the appropriate Expert Committee. A record of the proposal in PF, the evaluation and approvals for the item, public comments, and initial request will be provided to the Expert Committee not less than twenty (20) business days prior to the end of the ballot period.
(b) Such ballot may be issued or returned electronically, by mail, facsimile transmission or any other method. Such ballot shall state a reasonable period of time by which ballots must be received, which shall not be less than the twenty (20) business day period provided for herein. The results of voting shall be reported back to the Expert Committee and such report may include the substance of comments received.
(c) The Executive Secretariat shall bring to the attention of the Scientific Liaison and chairperson of the Expert Committee any issues or questions arising with the approval process for resolution.
(d) When more than one Expert Committee collaborates on a particular topic, one Expert Committee shall be designated by the Chairperson as the lead Expert Committee and will be responsible for approvals. The other collaborating Expert Committee(s) shall be notified of the approval.
9.06Postponement
(a) A request for postponement shall be accompanied by a statement of the grounds upon which the postponement is requested and appropriate supporting data. A request for postponement submitted under this section shall be clearly distinguished from a Request for Revision.
(b) A request for postponement received within thirty (30) days of the official date may be refused by the Chairperson if, solely within his or her discretion, he or she considers the request untimely or lacking adequate supporting data. Such decision shall not be subject to appeal. Where postponement is not granted, the matter will be considered as a Request for Revision.
(c) The Expert Committee responsible for approving the monograph or monograph revision for which postponement is sought shall have the authority to postpone the official date of any requirement or textual material in such monograph or monograph revision; provided, however, that all postponements shall be reviewed and approved by the Chairperson, who may at his or her option refer the matter to the Executive Committee for its consideration.
(d) Where a new reference standard is required in a new monograph or in a revision of an existing monograph but is not yet available, the official date of any portion of the monograph or monograph revision utilizing such reference standard shall be postponed until such reference standard is available. The postponement and the name of such unavailable reference standard shall be published. At such time as such reference standards become available, their availability and the official date of the postponed portion(s) of the monograph shall be announced.
9.07 Lifting a Postponement
(a) In the event that a postponement is granted, the Expert Committee shall take reasonable action to evaluate the issues involved and determine as promptly as practicable whether the postponement should be lifted and the requirement or material should become official as scheduled, or whether the matter should be considered as a Request for Revision.
(b) In making the determination to lift a postponement, the Expert Committee shall consider all information reasonably relevant and material to the matter. To gather this information, the Expert Committee may invite other parties it deems to have an interest in the matter to submit information. When a postponement is lifted, this decision, along with the postponed requirement or textual material, shall be published as quickly as possible with an official date assigned to it. Parties that are deemed to be affected by this decision may also be notified.
9.08Appeals
(a) All appeals shall be received and considered as provided in Chapter VII, Section 16 of the Bylaws and this section.
(b) A matter may properly be appealed only prior to its official date or, in the case of a reference standard, prior to its issuance. Once official or issued, the matter is not subject to appeal, however, any interested party may request that the matter be considered as a Request for Revision. Failure of the Council of Experts to take action on a Request for Revision may properly be appealed at any time.
(c) All appeals must be submitted in writing and be accompanied by supporting data and evidence. Electronic submission is preferred but not required. An appeal submitted under this section shall be clearly distinguished from a Request for Revision. The appellant shall indicate whether an oral hearing is requested or if the appeal should be decided solely based on the submitted documents.
(d) All appeals of decisions made by an Expert Committee shall be submitted to the Chairperson who will make the initial determination whether or not to grant the appeal. This determination may be based upon whether or not the appeal is accompanied by sufficient data or evidence, is frivolous, or is untimely. For appeals of a decision made by the Executive Committee, the initial determination whether or not to grant the appeal shall be reviewed by the Board of Trustees. The determination to not grant an appeal is not subject to appeal. Where an appeal is not granted, the appeal will be treated as a Request for Revision.
(e) If an appeal of a decision made by an Expert Committee is granted, the Chairperson shall submit it to the Executive Committee for adjudication. For an appeal via oral hearing, the Executive Committee shall determine the time and place of the hearing and the Chairperson or his or her designee shall be the presiding officer. The oral hearing may be held by conference call or similar communication by means of which all persons participating in the meeting shall hear one another in the same period of time. The Executive Committee may invite other parties that it deems to have a substantial interest in the matter being appealed to participate in the appeal, including the Expert Committee whose decision is being appealed. At an oral hearing any party may offer such additional evidence deemed necessary to an understanding and determination of the issues. In an oral hearing, witnesses may be called, and a witness presented by one party may be questioned by any other party with regard to the evidence the witness has offered. The Executive Committee shall be the judge of the relevancy and materiality of the evidence offered and conformance to legal rules of evidence shall not be necessary.
(f) A decision of the Executive Committee on an appeal shall be referred to the Board of Trustees. Where an appeal is determined by the Board to be primarily on a procedural matter, the Board may uphold the decision or remand the decision to the appropriate Expert Committee for reconsideration under proper procedures. Where a decision is determined by the Board to be primarily on a scientific issue, the Board may request the Council of Experts to review the decision. After such review, which shall be given as promptly as practicable, the Council of Experts may uphold or reverse the decision of the Executive Committee.
(g) Where there is an appeal of a decision originally made by the Executive Committee, the appeal will be adjudicated by the Board of Trustees, which upon consideration of the facts may request the Council of Experts to review the decision. After such review, which shall be given as promptly as practicable, the members of the Council of Experts may uphold or reverse the decision of the Executive Committee.