[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12291]


[[Page Unknown]]

[Federal Register: May 20, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
 

Food and Drug Administration

[Docket No. 93N-0391]

Central Georgia Plasma Labs, Inc.; Opportunity for Hearing on a 
Proposal to Revoke U.S. License No. 0649-001

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for hearing on a proposal to revoke the establishment 
license (U.S. License No. 0649-001) and the product license issued to 
Central Georgia Plasma Labs, Inc., for the manufacture of Source 
Plasma. The proposed revocation is based on significant noncompliance 
with certain provisions of the biologics regulations specified in this 
document.

DATES: The firm may submit a written request for a hearing to the 
Dockets Management Branch by June 20, 1994, and any data or information 
justifying a hearing by July 19, 1994. Other interested persons may 
submit written comments on the proposed revocation by July 19, 1994.

ADDRESSES: Submit written requests for a hearing, any data and 
information justifying a hearing, and any written comments on the 
proposed revocation to the Dockets Management Branch (HFA-305), Food 
and Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 
20857.

FOR FURTHER INFORMATION CONTACT: Jean M. Olson, Center for Biologics 
Evaluation and Research (HFM-635), Food and Drug Administration, 1401 
Rockville Pike, Rockville, MD 20852-1448, 301-594-3074.

SUPPLEMENTARY INFORMATION:
    FDA is proposing to revoke the establishment license (U.S. License 
No. 0649-001) and the product license issued to Central Georgia Plasma 
Labs, Inc., 652 Third St., Macon, GA 31201, for the manufacture of 
Source Plasma. The proposed revocation is based on the failure of 
Central Georgia Plasma Labs, Inc., and its responsible management to 
conform to the applicable standards and conditions established in its 
license and the requirements of 21 CFR parts 600, 601, 606, and 640.
    FDA inspected Central Georgia Plasma Labs, Inc., on February 1 
through 5, 8 through 12, and 17, 1993. During that inspection, FDA 
observed numerous significant deviations from the standards established 
in the license as well as the applicable Federal regulations. Such 
standards are designed to ensure the continued safety, purity, and 
potency of the product.
    The inspection showed that Central Georgia Plasma Labs, Inc., 
failed to adequately determine donor suitability. These deviations 
included, but were not limited to, the following: (1) In violation of 
21 CFR 640.63(c)(9), Central Georgia Plasma Labs, Inc., collected 
Source Plasma from a donor after the donor had tested repeatedly 
reactive for antibody to hepatitis C virus (HCV); (2) in violation of 
21 CFR 640.65(b)(1)(i), Central Georgia Plasma Labs, Inc., failed to 
collect a four month sample for serum protein electrophoresis testing 
from a donor; and (3) in violation of 21 CFR 640.65(b)(5) for eight 
people during a 7-day period, Central Georgia Plasma Labs, Inc., 
removed whole blood in excess of acceptable amounts, in excess of 2,000 
milliliters (mL) in donors weighing less than 175 pounds and in excess 
of 2,400 mL in donors weighing 175 pounds or more.
    The inspection showed that Central Georgia Plasma Labs, Inc., 
failed to follow written standard operating procedures (SOP's) for the 
collection, processing, storage, and distribution of Source Plasma. In 
violation of 21 CFR 606.100, Central Georgia Plasma Labs, Inc., failed 
to follow its SOP's for identifying and recovering previous donations 
from three donors who tested repeatedly reactive for hepatitis B 
surface antigen. As a result, Central Georgia Plasma Labs, Inc., failed 
to find and cull one unit for one donor, three units for a second 
donor, and five units for a third donor. During November and December 
1992, there were 81 overbleeds whereby Central Georgia Plasma Labs, 
Inc., removed, at one time, amounts of whole blood from a donor in 
excess of the volumes established in its SOP's in violation of 21 CFR 
606.100 and 21 CFR 640.65(b)(6). The inspection showed that Central 
Georgia Plasma Labs, Inc., failed to maintain complete, accurate, and 
concurrent records that clearly traced the steps of each significant 
procedure in the collection, processing, and storage of the blood 
products so as to provide a complete history of work performed. Such 
deviations included, but were not limited to, the following: (1) In 
violation of 21 CFR 606.160(b)(3)(i), Central Georgia Plasma Labs, 
Inc., collected plasma from a donor testing repeatedly reactive for 
antibody to HCV, and recorded in the plasma shipping records that the 
unit was shipped; however, the Central Georgia Plasma Labs, Inc.'s, 
disposition records show that the same unit was destroyed; (2) in 
violation of 21 CFR 606.170(a), Central Georgia Plasma Labs, Inc., kept 
inadequate records of an investigation for a March 1991, incident where 
a donor was infused with red blood cells from another donor; and (3) in 
violation of 21 CFR 606.160(a)(1), information concerning overbleeds 
was not recorded in the Whole Blood records concurrent with the 
performance of the work.
    Central Georgia Plasma Labs, Inc., failed to adequately maintain 
its walk-in freezer used for the storage of Source Plasma in violation 
of 21 CFR 606.60(a). On a number of occasions in 1992, the temperature 
in the storage cabinet went above -20 deg.C two or more times in a 72-
hour period, but Source Plasma stored in the freezer during those 
periods was not relabeled as required by 21 CFR 640.70(b).
    FDA's inspectional observations clearly show a persistent pattern 
of significant noncompliance, on the part of Central Georgia Plasma 
Labs, Inc., with the standards established in the license and the 
Federal regulations. FDA made similar observations of Central Georgia 
Plasma Labs, Inc.'s, significant deviations from compliance with 
established standards in September 1981, June 1982, June 1983, October 
1986, July 1989, April 1990, and January 1992, inspections.
    The seriousness of Central Georgia Plasma Labs, Inc.'s, 
noncompliance with established standards was brought to its attention 
in letters from FDA dated September 1981, June 1982, July 1983, 
November 1986, July 1988, November 1989, and notice of intent to revoke 
letters dated April 1992 and May 1993. On May 15, 1992, Central Georgia 
Plasma Labs, Inc., responded to the April 1992, letter by submitting a 
training plan. Among other things, the plan provided that certified 
employees would be reviewed semiannually, and employees who failed a 
final exam given at the end of a training module would repeat the 
course. However, inspections reveal that Central Georgia Plasma Labs, 
Inc., has not properly implemented the plan. Of the three individuals 
that have been certified since May 15, 1992, none have received a 
semiannual review. The one individual that failed a final exam for a 
module has not been required to repeat the course.
    Although Central Georgia Plasma Labs, Inc., has repeatedly promised 
to take corrective actions concerning these and other observations, 
followup inspections have revealed that effective long term corrective 
actions have not been taken. FDA has no assurance that Central Georgia 
Plasma Labs, Inc.'s (the firm's), proposed corrective actions will be 
properly implemented and that the firm will not continue to engage in 
repeated noncompliance with established standards designed to ensure 
the continued safety, purity, and potency of the product. Consequently, 
FDA finds that Central Georgia Plasma Labs, Inc., has willfully not 
complied with the standards established in the license and the 
applicable regulations. Accordingly, FDA is not required to provide 
Central Georgia Plasma Labs, Inc., with an opportunity to correct its 
deficiencies and achieve compliance with the applicable standards (21 
CFR 601.5(b)).
    FDA is now issuing a notice of opportunity for hearing pursuant to 
21 CFR 12.21(b) on a proposal to revoke the establishment license (U.S. 
License No. 0649-001) and the product license issued to Central Georgia 
Plasma Labs, Inc.
    In a letter dated May 27, 1993, and issued pursuant to 21 CFR 
601.5(b), FDA notified Central Georgia Plasma Labs, Inc., and its 
responsible head, of FDA's intent to revoke the product license and 
U.S. License No. 0649-001, and announced its intent to offer an 
opportunity for hearing. In a letter dated June 1, 1993, Central 
Georgia Plasma Labs, Inc., advised FDA that the firm did not wish to 
waive its opportunity for a hearing.
    FDA has placed copies of documents supporting the proposed license 
revocation on file with the Dockets Management Branch (address above) 
under the docket number found in brackets in the heading of this 
notice. These documents include the following: List of Observations 
(Form FDA-483) from inspections of February 1 through 5, 8 through 12, 
and 17, 1993, and of January 22 through February 21, 1992; Central 
Georgia Plasma Labs, Inc., letters of February 26 and May 15, 1992, and 
February 22 and June 1, 1993; FDA letters of November 3, 1989, April 
30, 1992, and May 27, 1993; and other relevant FDA letters. These 
documents are available for public examination in the Dockets 
Management Branch between 9 a.m. and 4 p.m., Monday through Friday.
    Central Georgia Plasma Labs, Inc., may submit a written request for 
a hearing to the Dockets Management Branch by June 20, 1994, and any 
data and information justifying a hearing must be submitted by July 19, 
1994. Other interested persons may submit comments on the proposed 
license revocation to the Dockets Management Branch by July 19, 1994. 
The failure of a licensee to file a timely written request for a 
hearing constitutes an election by the licensee not to avail itself of 
the opportunity for hearing concerning the proposed license revocation.
    FDA procedures and requirements governing a notice of opportunity 
for hearing, notice of appearance, request for a hearing, grant or 
denial of a hearing, and submission of data and information to justify 
a hearing on a proposed revocation of a license are contained in 21 CFR 
parts 12 and 601. A request for a hearing may not rest upon mere 
allegations or denials but must set forth a genuine and substantial 
issue of fact that requires a hearing. If it conclusively appears from 
the face of the data, information, and factual analyses submitted in 
support of the request for a hearing that there is no genuine and 
substantial issue of fact for resolution at a hearing, or if a request 
is not made within the specified time or in the required format or with 
the required analyses, the Commissioner of Food and Drugs will deny the 
hearing request, making findings and conclusions that justify the 
denial.
    Two copies of any submissions are to be provided to FDA, except 
that individuals may submit one copy. Submissions are to be identified 
with the docket number found in brackets in the heading of this 
document. Such submissions, except for data and information prohibited 
from public disclosure under 21 CFR 10.20(j)(2)(i), 21 U.S.C. 331(j), 
or 18 U.S.C. 1905, may be seen in the Dockets Management Branch 
(address above) between 9 a.m. and 4 p.m., Monday through Friday.
    This notice is issued under the Public Health Service Act (sec. 351 
(42 U.S.C. 262)) and the Federal Food, Drug, and Cosmetic Act (secs. 
201, 501, 502, 505, 701 (21 U.S.C. 321, 351, 352, 355, 371)) and under 
authority delegated to the Commissioner of Food and Drugs (21 CFR 5.10) 
and the Director, Center for Biologics Evaluation and Research (21 CFR 
5.67).

    Dated: May 11, 1994.
Michael G. Beatrice,
Deputy Director, Center for Biologics Evaluation and Research.
[FR Doc. 94-12291 Filed 5-19-94; 8:45 am]
BILLING CODE 4160-01-F