FDARegulatory IntelligenceStatuteHIGH INSPECTION RISK
FD&C Act §503B

Outsourcing Facilities — Registration and cGMP

Creates the outsourcing-facility category: a compounder that registers with FDA, complies with cGMP, reports adverse events, and is inspected on a risk-based schedule, in exchange for being able to compound without patient-specific prescriptions. Added by the Drug Quality and Security Act of 2013 following the 2012 fungal-meningitis outbreak.

LAST REVISED
November 2013
PRODUCT AREAS
SterileSolid Dose

What this does not cover

stated in the document's own scope
  • Covers registered outsourcing facilities compounding under cGMP, including without patient-specific prescriptions; traditional patient-specific compounding is the §503A route.
  • Grants exemption from new-drug approval and adequate-directions-for-use labeling, but not from cGMP, which outsourcing facilities must follow.
  • Defines the outsourcing-facility category and its federal oversight, not the full new-drug manufacturing and approval framework that branded and generic manufacturers follow.
SOURCE & PROVENANCE
ISSUING BODY
Food and Drug Administration
JURISDICTION
United States
DOCUMENT ID
FD&C Act §503B
Official site — Food and Drug Administration

Always verify against the current published text before relying on it for a submission or inspection.

Overview

Section 503B of the Federal Food, Drug, and Cosmetic Act created the outsourcing-facility category for drug compounding. A compounder that elects to register with FDA as an outsourcing facility, complies with cGMP, reports adverse events, submits product-reporting information, and pays applicable fees may in return compound drugs — including for office stock — without a patient-specific prescription, subject to a risk-based inspection schedule. The category was designed for larger-volume compounding, offering a federal, cGMP-based route that sits between traditional patient-specific compounding and full drug manufacturing.

Scope & applicability

Facilities compounding sterile preparations for distribution to healthcare providers without individual prescriptions. Registration is voluntary in form but effectively mandatory for that business model.

Legal basis & how it acquires force

Section 503B was added to the Federal Food, Drug, and Cosmetic Act by the Drug Quality and Security Act of 2013, enacted in the wake of the 2012 fungal-meningitis outbreak traced to contaminated compounded products. Registration as an outsourcing facility is voluntary, but once elected it brings the facility under FDA cGMP, adverse-event reporting, and a risk-based FDA inspection schedule. Drugs compounded by a registered outsourcing facility that meets §503B’s conditions are exempt from new-drug approval and from the adequate-directions-for-use labeling requirement, but not from cGMP.

Document structure

PartCovers
Election and registrationVoluntary registration with FDA as an outsourcing facility
cGMP complianceCompounding in compliance with current good manufacturing practice
Bulk drug substancesUse of bulk substances meeting specified conditions, including clinical-need criteria
Adverse event and product reportingReporting adverse events and submitting product and facility reports to FDA
Inspection and feesRisk-based FDA inspection schedule and applicable establishment fees
Exemptions grantedExemption from new-drug approval and adequate-directions-for-use labeling, but not cGMP

Key requirements

  • Registration with FDA as an outsourcing facility, with product reporting
  • Compliance with cGMP for the preparations made
  • Direct supervision by a licensed pharmacist
  • Adverse-event reporting to FDA
  • Bulk substances limited to the 503B list or drugs on the shortage list
  • Labelling as required for compounded preparations

Implementation tips

  • Build the quality system to sterile-manufacturing expectations from the start — media fills, EM with alert/action levels, validated processes and a real CAPA system
  • Read the FDA 483s and warning letters issued to other outsourcing facilities by theme; the enforcement pattern in this sector is unusually consistent
  • Do not rely on pharmacy-compounding precedent for validation scope; the applicable benchmark is Annex 1 and 21 CFR 211
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Where this control fails

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International alignment

Section 503B is the companion to §503A: where §503A defines traditional patient-specific compounding overseen substantially by state boards, §503B defines a federally registered, cGMP-based outsourcing route regulated directly by FDA. The cGMP that outsourcing facilities follow draws on the drug cGMP framework in 21 CFR Parts 210 and 211, with FDA guidance tailoring expectations to the sector. Both sections were enacted together in the Drug Quality and Security Act of 2013.

FD&C Act §503B: frequently asked questions

Quick answers to common questions about FD&C Act §503B.

What is an outsourcing facility under §503B?

A compounder that voluntarily registers with FDA, complies with cGMP, reports adverse events and product information, and is subject to a risk-based FDA inspection schedule — and may in return compound drugs, including office stock, without patient-specific prescriptions.

Why was §503B created?

It was added by the Drug Quality and Security Act of 2013 following the 2012 fungal-meningitis outbreak linked to contaminated compounded products, to provide a federal, cGMP-based route for larger-volume compounding.

Does a §503B facility have to follow cGMP?

Yes. Unlike §503A, the §503B exemptions cover new-drug approval and adequate-directions-for-use labeling but not cGMP — outsourcing facilities must compound in compliance with current good manufacturing practice.