Set a clear monthly limit on how many 'essential copies' a 503A compounder may produce to ensure consistency and reduce litigation.
I will set a clear monthly limit on how many 'essential copies' a 503A compounder may produce to ensure consistency and reduce litigation.
Occurrences
does not, more than 20 times in a single month, compound any drug product that is essentially a copy of a commercially available drug product
Evidence
unverified · Source version 5681 · locator unknown
Key provisions say the bill would "Set a clear monthly limit on how many 'essential copies' a 503A compounder may produce to ensure consistency and reduce litigation." The press release says Banks introduced the SAFE Drugs Act this week and that the bill would strengthen existing guardrails in the Food, Drug, and Cosmetic Act.
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The legislation page lists "02-26-2026 | S.3794 | SAFE Drugs Act of 2026" with "Latest Action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions."
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<DELETED>SEC. 2. DEFINITIONS RELATING TO COMPOUNDING OF DRUG PRODUCTS.</DELETED> <DELETED> Section 503A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a(b)) is amended--</DELETED> <DELETED> (1) by amending paragraph (1)(D) to read as follows:</DELETED> <DELETED> ``(D) does not, more than 20 times in a single month, compound any drug product that is essentially a copy of a commercially available drug product.''; and</DELETED>
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S. 3794, SAFE Drugs Act of 2026 (Agreed to by Roll Call Vote, 17-5) S. 3794 Manager's Amendment (Agreed to by Voice Vote)
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524 S. 3794 A bill to amend the July 27, 2026.--Senator Senators Banks Federal Food, Drug, and Cassidy, Committee on and Heinrich Cosmetic Act to further Health, Education, regulate compounding Labor, and Pensions, pharmacies and with an amendment in outsourcing facilities, the nature of a and for other purposes. substitute. (No written report.)
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524 S. 3794 A bill to amend the July 27, 2026.--Senator
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S. 3794.-- To amend the Federal Food, Drug, and Cosmetic Act to further regulate compounding pharmacies and outsourcing facilities, and for other purposes.
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Last Action Date Listed July 27, 2026
unverified · Source version 61957 · locator unknown
<DELETED> ``(D) does not, more than 20 times in a single month, compound any drug product that is essentially a copy
Assessments
Banks introduced the SAFE Drugs Act of 2026 containing the promised monthly limit for 503A compounders, and the bill was referred to the Senate HELP Committee. The record shows introduction and referral only, with no evidence that the monthly limit was enacted or otherwise implemented. This is a serious legislative attempt during his federal Senate term, but it does not fulfill the promised outcome.