---
kind: "section"
citation: "21 C.F.R. § 1.725"
title: "21"
number: "1.725"
heading: "What are the consequences of not paying a user fee under this subpart on time?"
url: "https://uscodex.org/cfr/21/1.725"
---

# §1.725. What are the consequences of not paying a user fee under this subpart on time?

- (a) An application for recognition or renewal of recognition will not be considered complete for the purposes of [§ 1.631(a)](/cfr/21/1.631.md?p=a) until the date that FDA receives the application fee. An application for direct accreditation or for renewal of direct accreditation will not be considered complete for the purposes of [§ 1.671(a)](/cfr/21/1.671.md?p=a) until FDA receives the application fee.
- (b) A recognized accreditation body that fails to submit its annual user fee within 30 days of the due date will have its recognition suspended.
  - (1) FDA will notify the accreditation body electronically that its recognition is suspended. FDA will notify the public of the suspension on the Web site described in [§ 1.690](/cfr/21/1.690.md).
  - (2) While an accreditation body's recognition is suspended, the accreditation body will not be able to accredit additional third-party certification bodies. The accreditation of third-party certification bodies that occurred prior to an accreditation body's suspension, as well as food or facility certifications issued by such third-party certification bodies, would remain in effect.
  - (3) If payment is not received within 90 days of the payment due date, FDA will revoke the accreditation body's recognition under [§ 1.634(a)(4)(iii)](/cfr/21/1.634.md?p=a-4-iii), and provide notice of such revocation in accordance with [§ 1.634](/cfr/21/1.634.md).
- (c) An accredited third-party certification body that fails to submit its annual fee within 30 days of the due date will have its accreditation suspended.
  - (1) FDA will notify the third-party certification body that its accreditation is suspended, electronically and in English. FDA will notify a recognized accreditation body, electronically and in English, if the accreditation of one if its third-party certification bodies is suspended. FDA will notify the public of the suspension on the Web site described in [§ 1.690](/cfr/21/1.690.md).
  - (2) While a third-party certification body's accreditation is suspended, the third-party certification body will not be able to issue food or facility certifications. A food or facility certification issued by a third-party certification body prior to the suspension of the auditor/certification body accreditation will remain in effect.
  - (3) If payment is not received within 90 days of the payment due date, FDA will withdraw the third-party certification body's accreditation under [§ 1.664(a)(4)](/cfr/21/1.664.md?p=a-4), and provide notice of such withdrawal in accordance with [§ 1.664](/cfr/21/1.664.md).

## Notes

### Source

Source: Sections 1.700 through 1.725 appear at 81 FR 90193, Dec. 14, 2016, unless otherwise noted.

### Source

Source: 80 FR 74650, Nov. 27, 2015, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 342, 343, 350c, 350d, 350j, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2, 362, 371, 374, 381, 382, 384a, 387, 387a, 387c, 393, and 2223; 42 U.S.C. 216, 241, 243, 262, 264, 271.

### Source

Source: 42 FR 15553, Mar. 22, 1977, unless otherwise noted.