§ 211.165 Testing and release for distribution.

Law · 21 CFR 211.165 · eCFR as of 25 Sep 2026 · checked 30 Sep 2026 · Official source: ecfr.gov

Cited in 5 FDA warning lettersHow BatchGlow handles this

(a) For each batch of drug product, there shall be appropriate laboratory determination of satisfactory conformance to final specifications for the drug product, including the identity and strength of each active ingredient, prior to release. Where sterility and/or pyrogen testing are conducted on specific batches of shortlived radiopharmaceuticals, such batches may be released prior to completion of sterility and/or pyrogen testing, provided such testing is completed as soon as possible.

(b) There shall be appropriate laboratory testing, as necessary, of each batch of drug product required to be free of objectionable microorganisms.

(c) Any sampling and testing plans shall be described in written procedures that shall include the method of sampling and the number of units per batch to be tested; such written procedure shall be followed.

(d) Acceptance criteria for the sampling and testing conducted by the quality control unit shall be adequate to assure that batches of drug products meet each appropriate specification and appropriate statistical quality control criteria as a condition for their approval and release. The statistical quality control criteria shall include appropriate acceptance levels and/or appropriate rejection levels.

(e) The accuracy, sensitivity, specificity, and reproducibility of test methods employed by the firm shall be established and documented. Such validation and documentation may be accomplished in accordance with § 211.194(a)(2).

(f) Drug products failing to meet established standards or specifications and any other relevant quality control criteria shall be rejected. Reprocessing may be performed. Prior to acceptance and use, reprocessed material must meet appropriate standards, specifications, and any other relevant criteria.

Cited in FDA warning letters

5 of the 6 FDA warning letters in this collection (2023–2026, cosmetic and OTC manufacturers) cite this section as a violation.

  • Woodbine Products Company Inc. · 27 Jul 2026
    violation 3: 21 CFR 211.165(a)
  • Active Cosmetics Manufacturing Inc. · 22 Apr 2026
    violation 2: 21 CFR 211.165(e)
  • Purolea Cosmetics Lab · 2 Apr 2026
    violation 1: 21 CFR 211.165(b)
  • CDL Services, Inc. dba Technichem · 24 Nov 2025
    violation 1: 21 CFR 211.165(a)
  • Accra-Pac, Inc. dba Voyant Beauty · 20 Apr 2023
    violation 2: 21 CFR 211.165(b)

How BatchGlow handles this

QC accepts a finished lot by signing its certificate of analysis, which cannot pass unless every included test passes; for an OTC drug it also needs a passing active-ingredient assay.

What it asks for, in plain words

21 CFR 211.165
Before release, each batch is tested for conformance to its final specifications, including the identity and strength of each active ingredient. Sampling and testing plans are written and followed, acceptance criteria are adequate and test methods are validated. A batch that fails is rejected; it may be reprocessed and must then meet its specifications.

These summaries are BatchGlow's reading of the text on this page, checked against it on 2 Oct 2026. The text governs.