The regulatory framework for 503B outsourcing facilities is one of the most important — and most frequently misunderstood — areas of pharmaceutical law. Whether you operate a 503B facility, work in compliance, or are a healthcare provider evaluating compounding partners, this guide provides a comprehensive overview of the regulations that govern 503B outsourcing facilities.
The Legal Foundation: Section 503B of the FD&C Act
Section 503B was added to the Federal Food, Drug, and Cosmetic Act (FD&C Act) by the Drug Quality and Security Act (DQSA) of 2013. Congress enacted the DQSA in response to the 2012 New England Compounding Center (NECC) fungal meningitis outbreak, which killed 76 people and sickened hundreds more from contaminated steroid injections.
The DQSA created a new category of compounding entity — the outsourcing facility — that sits between traditional 503A compounding pharmacies and full-scale drug manufacturers. Outsourcing facilities are exempt from certain FDA requirements (such as new drug application approval) but are subject to others (such as cGMP compliance and FDA inspection).
Key Statutory Requirements
Under Section 503B, an outsourcing facility must:
- Register with the FDA as an outsourcing facility and pay associated fees
- Report drugs compounded to the FDA, including the names and quantities of drugs compounded during the previous 6-month period
- Comply with cGMP requirements under 21 CFR Parts 210 and 211
- Submit to FDA inspection on a risk-based schedule
- Report adverse events to the FDA within 15 calendar days of receiving information about a serious adverse event
- Label products to identify them as compounded in an outsourcing facility
- Compound only from eligible bulk drug substances that meet pharmacopeial or other quality standards
- Not compound drugs that are essentially copies of commercially available drugs (with certain exceptions)
FDA Registration Process
Initial Registration
To become a registered 503B outsourcing facility, a facility must:
- Submit an initial registration to the FDA through the FDA's online registration system
- Pay the applicable annual establishment fee
- Identify a United States Agent (if the facility is foreign-based)
- Provide facility contact information and the types of drugs compounded
Annual Re-registration
Registration must be renewed annually during the FDA's registration period (typically October 1 through December 31). Failure to re-register means the facility loses its 503B status and can no longer operate as an outsourcing facility.
Drug Reporting
Registered facilities must report to the FDA twice per year (June and December) the following information for each drug compounded:
- Drug name
- Active ingredient(s)
- National Drug Code (NDC) if assigned
- Strength
- Dosage form
- Quantity compounded
- Number of prescriptions filled (if any)
cGMP Requirements
current Good Manufacturing Practice (cGMP) compliance is the most significant regulatory obligation for 503B facilities. cGMP standards are codified in 21 CFR Parts 210 and 211 and cover every aspect of drug manufacturing.
Key cGMP Areas
Personnel and Training
- Qualified personnel with appropriate education, training, and experience
- Documented training programs for all employees involved in manufacturing
- Designation of a quality control unit with authority to approve or reject materials and products
Facilities and Equipment
- Adequate space for manufacturing, laboratory testing, and storage
- Appropriate environmental controls (temperature, humidity, air quality)
- Equipment qualified and calibrated on a defined schedule
- Cleanroom environments meeting ISO classification standards for sterile compounding
Production and Process Controls
- Written production procedures (Master Batch Records)
- Batch production records documenting each manufacturing step
- In-process controls and testing
- Validated manufacturing processes
Laboratory Controls
- Testing of raw materials before use (identity, purity, strength)
- Finished product testing (potency, sterility, endotoxin, particulate matter)
- Stability testing programs to support beyond-use dating
- Laboratory equipment calibration and maintenance
Packaging and Labeling
- Controls to prevent mix-ups
- Labels that include all required information per Section 503B
- Tamper-evident packaging where appropriate
Quality Systems
- Written procedures for complaint handling
- Investigation of out-of-specification results
- Corrective and Preventive Action (CAPA) programs
- Annual product quality reviews
- Change control procedures
Environmental Monitoring
For facilities that compound sterile products (which is most 503B facilities), environmental monitoring is a critical cGMP requirement. This includes:
- Viable and non-viable air sampling
- Surface monitoring in classified areas
- Personnel monitoring (glove fingertip and garb sampling)
- Defined alert and action levels
- Trending and investigation of excursions
For detailed guidance on environmental monitoring, see our guide: Environmental Monitoring Best Practices for 503B Facilities.
The Bulk Drug Substances List
One of the most discussed regulatory topics for 503B facilities is the bulk drug substances list — the list of active pharmaceutical ingredients that outsourcing facilities are permitted to use in compounding.
Category 1, 2, and 3 Substances
The FDA has organized bulk drug substances into categories based on their eligibility for use in 503B compounding:
- Category 1: Substances that can be used by outsourcing facilities. These have been evaluated and found to be appropriate for compounding.
- Category 2: Substances that have been nominated for inclusion but are still under FDA review.
- Category 3: Substances that the FDA has determined should not be used by outsourcing facilities due to safety, effectiveness, or other concerns.
How the List Works
A 503B facility may compound a drug using a bulk drug substance if:
- The substance appears on the FDA's list of bulk drug substances for which there is a clinical need (Category 1), OR
- The substance is a component of an FDA-approved drug, OR
- The substance appears in the United States Pharmacopeia or National Formulary (USP-NF)
The FDA periodically updates the bulk drug substances list, which can affect which drugs a facility is authorized to compound.
FDA Inspections
Inspection Frequency
The FDA inspects 503B outsourcing facilities on a risk-based schedule. Factors that influence inspection frequency include:
- Whether the facility has been inspected before
- The results of prior inspections
- The types of products compounded (sterile vs. non-sterile)
- The volume of products compounded
- Any adverse events reported
- Complaints received by the FDA
Most 503B facilities can expect to be inspected every 1-2 years, though facilities with prior compliance issues may be inspected more frequently.
What Inspectors Look For
FDA investigators conducting a 503B inspection typically focus on:
- Aseptic processing: Proper sterile technique, media fill validations, gowning procedures
- Environmental monitoring: Air and surface sampling data, trending, excursion investigations
- Laboratory testing: Methods, equipment, data integrity, out-of-specification investigations
- Production records: Master batch records, executed batch records, deviations
- Quality systems: CAPA effectiveness, complaint handling, change control
- Facility and equipment: Cleanroom conditions, equipment qualification, calibration
- Personnel: Training records, gowning qualification, competency assessments
Enforcement Actions
Following an inspection, the FDA may take several types of enforcement actions, listed here in escalating order of severity:
- No action indicated: The facility is in compliance
- Voluntary action indicated: Minor issues identified but formal action not warranted
- Official action indicated: Significant issues identified, leading to:
- Form 483: Lists observations of conditions that may violate the FD&C Act
- Warning letter: More serious violations requiring immediate corrective action
- Injunction/consent decree: Court-ordered compliance requirements
- Seizure: FDA takes physical control of adulterated or misbranded products
For more on Form 483 observations, see our guide: Understanding FDA Form 483 for 503B Facilities.
For current inspection results, see: 503B Pharmacy FDA Inspection Results 2025-2026.
State vs. Federal Regulation
503B outsourcing facilities operate under a dual regulatory framework:
Federal (FDA) Requirements
- Registration as an outsourcing facility
- cGMP compliance
- FDA inspection
- Adverse event reporting
- Drug reporting
- Labeling requirements
State Requirements
In addition to federal requirements, 503B facilities must comply with applicable state laws, which may include:
- State pharmacy licensure: Most states require outsourcing facilities to hold a pharmacy license or a specific outsourcing facility license
- Non-resident pharmacy permits: States may require out-of-state facilities to obtain a permit before shipping drugs into the state
- State inspections: Some state boards of pharmacy conduct their own inspections of outsourcing facilities
- Additional reporting: Some states require additional reporting beyond what the FDA requires
- Pharmacist-in-charge: Many states require a designated pharmacist-in-charge for the facility
The interaction between state and federal regulation creates complexity for 503B facilities that distribute products across multiple states.
2025-2026 Regulatory Updates
The regulatory landscape for 503B facilities continues to evolve. Key recent and upcoming changes include:
- Increased inspection frequency: The FDA has expanded its inspection capacity for outsourcing facilities
- Draft guidances: The FDA has issued several draft guidances clarifying expectations for outsourcing facilities, including guidance on insanitary conditions and essentially a copy of approved drugs
- Bulk drug substances list updates: Ongoing review and categorization of nominated substances
- Fee adjustments: Annual registration and inspection fees are updated periodically
- Congressional oversight: Continued Congressional interest in compounding regulation following high-profile quality events
Resources
- 503B Pharmacy Directory — Search all FDA-registered outsourcing facilities
- FDA 503B Outsourcing Facilities List
- 503B Pharmacy FDA Inspection Results
- Understanding FDA Form 483
- Environmental Monitoring Best Practices
- Preparing for FDA 2025 Inspections
- 503B Compounding Pharmacy Guide