21 CFR Part 312 · Investigational New Drug Application

21 CFR 312.40

General requirements for use of an investigational new drug in a clinical investigation

21 CFR 312.40 is the regulation titled “General requirements for use of an investigational new drug in a clinical investigation” in 21 CFR Part 312, Investigational New Drug Application. Since 2021, 10 FDA warning letters have cited it.

Letters citing it
10 since 2021
Jan 1 to Oct 30, 2026
2 against 3 on the same dates in 2025
Most often cited with
21 CFR 312.2, in 10 letters
Closed out
0% of these letters have a published close-out
See the 10 letters citing 21 CFR 312.40 →

Letters citing it, by year issued

All are drug letters. 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 32021
  2. 22022
  3. 02023
  4. 02024
  5. 32025
  6. 22026

The regulation

Read the text of 21 CFR 312.40 (eCFR, as of Sep 1, 2026)

(a) An investigational new drug may be used in a clinical investigation if the following conditions are met:

(1) The sponsor of the investigation submits an IND for the drug to FDA; the IND is in effect under paragraph (b) of this section; and the sponsor complies with all applicable requirements in this part and parts 50 and 56 with respect to the conduct of the clinical investigations; and

(2) Each participating investigator conducts his or her investigation in compliance with the requirements of this part and parts 50 and 56.

(b) An IND goes into effect:

(1) Thirty days after FDA receives the IND, unless FDA notifies the sponsor that the investigations described in the IND are subject to a clinical hold under § 312.42; or

(2) On earlier notification by FDA that the clinical investigations in the IND may begin. FDA will notify the sponsor in writing of the date it receives the IND.

(c) A sponsor may ship an investigational new drug to investigators named in the IND:

(1) Thirty days after FDA receives the IND; or

(2) On earlier FDA authorization to ship the drug.

(d) An investigator may not administer an investigational new drug to human subjects until the IND goes into effect under paragraph (b) of this section.

Text from eCFR as of Sep 1, 2026.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 312.40.

Latest letters citing it

The 3 letters citing 21 CFR 312.40 that FDA posted most recently.

See the 10 letters citing 21 CFR 312.40 →
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