November 29, 2010 Approval Letter - INSTI HIV-1 Antibody Test Kit

DEPARTMENT OF HEALTH & HUMAN SERVICES
Public Health Service
Food and Drug Administration
1401 Rockville Pike
Rockville, MD 20852-1448

November 29, 2010

bioLytical Laboratories, Inc.
Attention: Mr. Richard Galli
1108-13351 Commerce Parkway
Richmond, British Columbia, V6V 2X7
Canada

Re: BP090032/0
Device: INSTI™ HIV-1 Antibody Test Kit
Filed: June 29, 2009
Amended: October 27, 2009; November 6, 2009; November 10, 2009; March 18, 2010;March 24, 2010; May 24, 2010, May 25, 2010; June 9, 2010; July 1, 2010; July 7, 2010; July 19, 2010; August 19, 2010; September 9, 2010; September 30, 2010; October 4, 2010; October 7, 2010; October 19, 2010; October 26, 2010 and October 29, 2010

Product code: MZF

Dear Mr. Galli:

The Center for Biologics Evaluation and Research (CBER) of the Food and Drug Administration (FDA) has completed its review of your premarket approval (PMA) application for the INSTI™ HIV-1 Antibody Test Kit, which is a single use, rapid, in vitro qualitative immunoassay for the detection of antibodies to Human Immunodeficiency Virus Type 1 (HIV-1) in human whole blood, fingerstick blood, or plasma specimens. The test is intended for use by trained personnel in point of care and laboratory situations to aid in the diagnosis of HIV-1 infections. If multiple rapid HIV tests are available, this test is suitable for use in appropriate multi-test algorithms. We are pleased to inform you that the PMA is approved. You may begin commercial distribution of the device in accordance with the conditions of approval described below.

In order to ensure the safe and effective use of this device, the sale, distribution, and use of this device are restricted within the meaning of section 520(e) of the Federal Food, Drug, and Cosmetic Act (the Act) under the authority of section 515(d)(1)(B)(ii) of the Act, as follows:

1. The labeling must specify that:
   1. Sale of the INSTI™ HIV-1 Antibody Test Kit is restricted to clinical laboratories that
      have an adequate quality assurance program, including planned systematic activities
      to provide adequate confidence that requirements for quality will be met; and where
      there is assurance that operators will receive and use the instructional materials;  
   2. The INSTI™ HIV-1 Antibody Test Kit is approved for use only by an agent of a
      clinical laboratory;
   3. Test subjects must receive the "Subject Information” brochure prior to specimen
      collection, and appropriate counseling when test results are provided;
   4. The INSTI™ HIV-1 Antibody Test Kit is not approved for use to screen donors of
      blood, plasma, cells or tissues, and
2. You must provide a letter to all purchasers advising them of these restrictions.

Your device is therefore a restricted device subject to the requirements in sections 502(q) and (r) of the Act, in addition to the many other FDA requirements governing the manufacture, distribution, and marketing of devices.

Expiration dating for this device has been established and approved at:

• 12 months for the INSTI™ HIV-1 Antibody Test Kit at the intended storage conditions of 15^oC to 30^oC.
• 12 months or 28 days for the INSTI™ HIV-1 Antibody Test Kit Controls at the intended storage conditions of ≤ -20^oC or 2^oC to 8^oC, respectively.

Continued approval of this PMA is contingent upon the submission of periodic reports, required under 21 CFR 814.84, at intervals of one year from the date of approval of the original PMA. Two copies of this report, identified as "Annual Report" (please use this title even if the specified interval is more frequent than one year) and bearing the applicable PMA reference number, should be submitted to the address below. The Annual Report should indicate the beginning and ending date of the period covered by the report and should include the
information required by 21 CFR 814.84.

In addition to the above, and in order to provide continued reasonable assurance of the safety and effectiveness of the device, the Annual Report must include, separately for each model number (if applicable), the number of devices sold and distributed during the reporting period, including those distributed to distributors. The distribution data will serve as a denominator and provide necessary context for FDA to ascertain the frequency and prevalence of adverse events, as FDA evaluates the continued safety and effectiveness of the device.

Before making any change affecting the safety or effectiveness of the device, you must submit a PMA supplement or an alternate submission (30-day notice) in accordance with 21 CFR 814.39.

All PMA supplements and alternate submissions (30-day notice) must comply with the applicable requirements in 21 CFR 814.39. For more information, please refer to the FDA guidance document entitled "Modifications to Devices Subject to Premarket Approval (PMA) - The PMA Supplement Decision-Making Process"
(www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm089274.htm).

You are reminded that many FDA requirements govern the manufacture, distribution, and marketing of devices. For example, in accordance with the Medical Device Reporting (MDR) regulation, 21 CFR 803.50 and 21 CFR 803.52, you are required to report adverse events for this device. Manufacturers of medical devices, including in vitro diagnostic devices, are required to report to FDA no later than 30 calendar days after the day they receive or otherwise become aware of information, from any source, that reasonably suggests that one of their marketed
devices:

1. May have caused or contributed to a death or serious injury; or
2. Has malfunctioned and such device or similar device marketed by the manufacturer
   would be likely to cause or contribute to a death or serious injury if the malfunction
   were to recur.

Additional information on MDR, including how, when, and where to report, is available at http://www.fda.gov/MedicalDevices/Safety/ReportaProblem/default.htm.

In accordance with the recall requirements specified in 21 CFR 806.10, you are required to submit a written report to FDA of any correction or removal of this device initiated by you to:

1. reduce a risk to health posed by the device; or
2. remedy a violation of the Act caused by the device which may present a risk to health, with certain exceptions specified in 21 CFR 806.10(a)(2).

Additional information on recalls is available at www.fda.gov/Safety/Recalls/IndustryGuidance/default.htm.

CBER does not evaluate information related to contract liability warranties. We remind you, however, that device labeling must be truthful and not misleading. CBER will notify the public of its decision to approve your PMA by making available, among other information, a summary
of the safety and effectiveness data upon which the approval is based. The information can be found at
www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances
/PMAApprovals/default.htm.
Written requests for this information can also be made to the Dockets Management Branch, (HFA-305), Food and Drug Administration, 5630 Fishers Lane,Rm. 1061, Rockville, MD 20852. The written request should include the PMA number or docket number. Within 30 days from the date that this information is placed on the Internet, any interested person may seek review of this decision by submitting a petition for review undersection 515(g) of the Act and requesting either a hearing or review by an independent advisory committee. FDA may, for good cause, extend this 30-day filing period.

Failure to comply with any post-approval requirement constitutes a ground for withdrawal of approval of a PMA. The introduction or delivery for introduction into interstate commerce of a device that is not in compliance with its conditions of approval is a violation of law.
You are reminded that, as soon as possible and before commercial distribution of your device, you must submit an amendment to this PMA submission with copies of all approved labeling in final printed form. Final printed labeling that is identical to the labeling approved in draft form will not routinely be reviewed by FDA staff when accompanied by a cover letter stating that the final printed labeling is identical to the labeling approved in draft form. If the final printed labeling is not identical, any changes from the final draft labeling should be highlighted and explained in the amendment.

All required documents should be submitted in triplicate, unless otherwise specified, to the address below and should reference the above PMA number to facilitate processing. One of those three copies may be an electronic copy (eCopy), in an electronic format that FDA can
process, review and archive (general information:
http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/
PremarketSubmissions/ucm134508.htm; clinical and statistical data:
http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/
PremarketSubmissions/ucm136377.htm).

Food and Drug Administration
Center for Biologics Evaluation and Research
HFM-99, Suite 200N
1401 Rockville Pike
Rockville, MD 20852-1448

If you have any questions concerning this approval order, please contact Vasantha Kumar at
(301) 827-6142.

Sincerely yours,

/signature/

Jay S. Epstein, M.D.
Director
Office of Blood Research and Review
Center for Biologics Evaluation and Research