600.90—Waivers.
(a)
A licensed manufacturer may ask the Food and Drug Administration to waive under this section any requirement that applies to the licensed manufacturer under §§ 600.80 and 600.81. A waiver request under this section is required to be submitted with supporting documentation. The waiver request is required to contain one of the following:
(1)
An explanation why the licensed manufacturer's compliance with the requirement is unnecessary or cannot be achieved,
(2)
A description of an alternative submission that satisfies the purpose of the requirement, or
(3)
Other information justifying a waiver.
(b)
FDA may grant a waiver if it finds one of the following:
(1)
The licensed manufacturer's compliance with the requirement is unnecessary or cannot be achieved,
(2)
The licensed manufacturer's alternative submission satisfies the requirement, or
(3)
The licensed manufacturer's submission otherwise justifies a waiver.