[Code of Federal Regulations]
[Title 21, Volume 4]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR207.35]

[Page 124-126]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 207_REGISTRATION OF PRODUCERS OF DRUGS AND LISTING OF DRUGS IN 
COMMERCIAL DISTRIBUTION--Table of Contents
 
          Subpart C_Procedures for Domestic Drug Establishments
 
Sec.  207.35  Notification of registrant; drug establishment registration 
number and drug listing number.

    (a) FDA will provide to the registrant a validated copy of Form FDA-
2656 (Registration of Drug Establishment) as evidence of registration. 
This validated copy will be sent to the mailing address shown on the 
form. FDA will

[[Page 125]]

assign a permanent registration number to each drug establishment 
registered in accordance with these regulations.
    (b) Using the National Drug Code (NDC) numbering system, FDA assigns 
a drug listing number to each drug or class of drugs listed as follows:
    (1) If a drug is already listed in the National Drug Code System or 
in the National Health Related Items Code System, the number is the same 
as that assigned under those codes. FDA adds a lead zero to the first 
three characters of the code, which identifies the manufacturer or 
distributor, to expand the ``Labeler Code'' segment to four characters. 
The National Drug Code, Product Code, and Package Code configurations 
used to describe these drugs, or any drugs added to the product line, 
remain the same, i.e., a four-character Product Code and a two-character 
Package Code. A manufacturer or distributor may either retain 
alphanumeric characters that are already used in the Product Code and 
Package Code segments of the National Drug Code or convert these 
alphanumeric characters to all numeric digits. The manufacturer or 
distributor shall inform FDA of a decision to convert the alphanumeric 
characters to all numeric digits.
    (2) If a registered establishment or distributor has not previously 
participated in the National Drug Code System or in the National Health 
Related Items Code System, FDA uses the National Drug Code numbering 
system in assigning a number, as follows (only numerals are used):
    (i) The first 5 numeric characters of the 10-character code identify 
the manufacturer or distributor and are known as the Labeler Code. FDA 
will expand the Labeler Code from five to six numeric characters when 
the available five-character code combinations are exhausted. FDA will 
assign Labeler Code numbers and provide them to the registrant along 
with the validated copy of Form FDA-2656. Any registered firm that does 
not have an assigned Labeler Code will be assigned one when registration 
and listing information are submitted.
    (ii) The last 5 numeric characters of the 10-character code identify 
the drug and the trade package size and type. The segment that 
identifies the drug formulation is known as the Product Code and the 
segment that identifies the trade package size and type is known as the 
Package Code. The manufacturer or distributor will assign the Product 
Code and the Package Code before drug listing and include these codes in 
Form FDA-2657 (Drug Product Listing). The manufacturer or distributor 
may use either of two methods in assigning the Product and Package 
Codes: a 3-2 Product-Package Code configuration (e.g., 542-12) or a 4-1 
Product-Package Code configuration (e.g., 5421-2). A manufacturer or 
distributor with a given Labeler Code shall use only one such Product-
Package Code configuration and shall use this same configuration in 
assigning the Product-Package Codes for all drugs included in the drug 
listing. The manufacturer or distributor shall report to FDA the 
Product-Package Code configuration used in assigning these codes.
    (iii) If the drug formulation is a Type A medicated article intended 
for use in the manufacture of an animal feed, FDA assigns a separate 
Product Code only for each variation of level of active drug ingredient.
    (3) FDA requests but does not require that the NDC number appear on 
all drug labels and in other drug labeling, including the label of any 
prescription drug container furnished to a consumer. If the NDC number 
is shown on a drug label, it shall be placed as follows:
    (i) The NDC number shall appear prominently in the top third of the 
principal display panel of the label on the immediate container and of 
any outside container or wrapper. Instead of appearing in the top third 
of the label, the NDC number may appear as part of and contiguous to any 
bar-code symbol for any drug product if two conditions are met. First, 
the symbol appears prominently on the immediate container and on any 
outside container or wrapper and in a conspicuous location; this 
condition is not satisfied by the appearance of the symbol only on the 
natural bottom of a container or wrapper. Second, the bar-code symbol is 
compatible with the NDC, i.e., the symbol provides a format capable of

[[Page 126]]

encoding the numeric characters of an NDC Number. The term principal 
display panel, as used in this paragraph, means that part of a label 
most likely to be displayed, presented, shown, or examined under 
customary conditions of display to the consumer (for over-the-counter 
drug products) or to the dispenser (for prescription drug products).
    (ii) The NDC number shall be preceded by the prefix ``NDC'' or ``N'' 
when it is used on a label or in labeling. The prefix used for a drug 
product shall be used consistently on the label of the immediate 
container, outside container, or wrapper, if any, and on other labeling 
for that drug product.
    (iii) The Product-Package Code configuration shall be indicated and 
the segments of the number shall be separated by a dash, e.g., NDC 
15643-542-12 or N 15643-542-12.
    (iv) All 10 characters shall appear and the leading zeros in any 
segment of the NDC number shall be shown, except that leading zeros may 
be omitted from any segment of the NDC number when the NDC number is 
used for product identification by direct imprinting on dosage forms or 
in the case of containers too small or otherwise unable to accommodate a 
label with sufficent space to bear both required and optional labeling 
information.
    (v) The placing of the assigned NDC number on a label or in other 
labeling does not require the submission of a supplemental new drug 
application, supplemental new animal drug application.
    (4)(i) If any change occurs in those product characteristics that 
clearly distinguish one drug product version from another, the 
registrant shall assign a new NDC number to the new product version and 
submit that information to FDA. Such a change includes, but is not 
limited to, a change in active ingredient(s); strength or concentration 
of active ingredient(s); dosage form; route of administration, if it 
also includes a change in product formulation; product name; and a 
change in marketing status from prescription to over-the-counter or 
over-the-counter to prescription. If, by notice in the Federal Register, 
FDA requires a change in drug product characteristics and determines the 
change will require assignment of a new product code to the reformulated 
product, FDA will announce its determination in the Federal Register 
publication that requires the change, setting forth its reasoning and 
justification for its determination. If a change only in the trade 
package is involved, the registrant may revise the trade package code 
without the assignment of a new product code segment, but shall inform 
FDA of the new code for the trade package and the characteristics of the 
new trade package.
    (ii) When a registrant has discontinued a drug product, its product 
code may be reassigned to another drug product 5 years after the 
expiration date of the discontinued product, or, if there is no 
expiration date, 5 years after the last shipment of the discontinued 
product into commercial distribution. Reuse of product codes may occur, 
under the specified conditions, regardless of the NDC, Product Code, and 
Package Code configuration used.
    (c) Although registration and drug listing are required to engage in 
the drug activities described in Sec.  207.20, validation of 
registration and the assignment of a drug listing number do not, in 
themselves, establish that the holder of the registration is legally 
qualified to deal in such drugs.

[45 FR 38043, June 6, 1980, as amended at 48 FR 54007, Nov. 30, 1983; 52 
FR 2682, Jan. 26, 1987; 55 FR 11577, Mar. 29, 1990; 64 FR 400, Jan. 5, 
1999]