21 C.F.R. § 312.57

Recordkeeping and record retention

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(a) A sponsor shall maintain adequate records showing the receipt, shipment, or other disposition of the investigational drug. These records are required to include, as appropriate, the name of the investigator to whom the drug is shipped, and the date, quantity, and batch or code mark of each such shipment.

(b) A sponsor shall maintain complete and accurate records showing any financial interest in § 54.4(a)(3)(i), (a)(3)(ii), (a)(3)(iii), and (a)(3)(iv) of this chapter paid to clinical investigators by the sponsor of the covered study. A sponsor shall also maintain complete and accurate records concerning all other financial interests of investigators subject to part 54 of this chapter.

(c) A sponsor shall retain the records and reports required by this part for 2 years after a marketing application is approved for the drug; or, if an application is not approved for the drug, until 2 years after shipment and delivery of the drug for investigational use is discontinued and FDA has been so notified.

(d) A sponsor shall retain reserve samples of any test article and reference standard identified in, and used in any of the bioequivalence or bioavailability studies described in, § 320.38 or § 320.63 of this chapter, and release the reserve samples to FDA upon request, in accordance with, and for the period specified in § 320.38.

[52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 58 FR 25926, Apr. 28, 1993; 63 FR 5252, Feb. 2, 1998; 67 FR 9586, Mar. 4, 2002]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: Alzamend Neuro, Inc. v. Biorasi, LLC (S.D. Fla. 2026).
Alzamend Neuro, Inc. v. Biorasi, LLC (S.D. Fla. 2026). “Alzamend does not cite specific contractual language but rather asserts this obligation under 21 C.F.R. § 312.57 (a). Id. at 50. Because Biorasi is required by law to adhere to the statutory requirements imposed by the Food and Drug Administration without receiving any…”
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