21 CFR Part 820 · Quality System Regulation (before Feb 2, 2026)

21 CFR 820.90

Nonconforming product

21 CFR 820.90 is the regulation titled “Nonconforming product” in 21 CFR Part 820, Quality System Regulation (before Feb 2, 2026). Since 2021, 43 FDA warning letters have cited it.

Part 820 changed when FDA's Quality Management System Regulation took effect on February 2, 2026. This is the earlier text these letters cite.

Letters citing it
43 since 2021
Jan 1 to Oct 30, 2026
5 against 13 on the same dates in 2025
Most often cited with
21 CFR 820.100, in 33 letters
Closed out
16% of these letters have a published close-out
See the 43 letters citing 21 CFR 820.90 →

Letters citing it, by year issued

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

  1. 62021
  2. 52022
  3. 72023
  4. 52024
  5. 152025
  6. 52026

What FDA writes when it cites it

The finding headings that cite 21 CFR 820.90 most often, as written in the letters.

  • 3 lettersFailure to establish and maintain procedures to control product that does not conform to specified requirements, as required by 21 CFR 820.90(a)
  • 2 lettersFailure to adequately establish and maintain procedures to control product that does not conform to specified requirements, including the identification, documentation, evaluation, segregation, and disposition of…
  • 2 lettersFailure to adequately establish procedures to control product that does not conform to specified requirements, as required by 21 CFR 820.90(a). Specifically,

The regulation

Read the text of 21 CFR 820.90 (eCFR, as of Jun 1, 2025)

(a) Control of nonconforming product. Each manufacturer shall establish and maintain procedures to control product that does not conform to specified requirements. The procedures shall address the identification, documentation, evaluation, segregation, and disposition of nonconforming product. The evaluation of nonconformance shall include a determination of the need for an investigation and notification of the persons or organizations responsible for the nonconformance. The evaluation and any investigation shall be documented.

(b) Nonconformity review and disposition. (1) Each manufacturer shall establish and maintain procedures that define the responsibility for review and the authority for the disposition of nonconforming product. The procedures shall set forth the review and disposition process. Disposition of nonconforming product shall be documented. Documentation shall include the justification for use of nonconforming product and the signature of the individual(s) authorizing the use.

(2) Each manufacturer shall establish and maintain procedures for rework, to include retesting and reevaluation of the nonconforming product after rework, to ensure that the product meets its current approved specifications. Rework and reevaluation activities, including a determination of any adverse effect from the rework upon the product, shall be documented in the DHR.

Text from eCFR as of Jun 1, 2025.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 820.90.

Latest letters citing it

The 3 letters citing 21 CFR 820.90 that FDA posted most recently.

See the 43 letters citing 21 CFR 820.90 →
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