Regulatory explainer · FDAUpdated October 16, 2026

21 CFR Part 312 explained: the IND regulations, subpart by subpart

Part 312 is the section of the US Code of Federal Regulations that governs investigational new drug applications and the duties of sponsors and investigators. This is a map of the regulation, not a filing how-to. Not legal advice.

  • Subparts A to I mapped
  • Sponsor and investigator duties
  • 312.32 safety reporting and records

Free sandbox · No credit card · 21 CFR Part 11 aligned

Where each topic lives in Part 312
SectionsTopic
Subpart A312.1-312.10General provisions: scope, definitions, waivers
Subpart B312.20-312.38The IND: content, amendments, safety reports, annual reports
Subpart C312.40-312.48Administrative actions: clinical holds, inactive status, meetings
Subpart D312.50-312.70Sponsor and investigator responsibilities
Subpart E312.80-312.88Life-threatening and severely debilitating illnesses
Subpart F, G312.110-312.160Miscellaneous, and laboratory research animals or in vitro
Subpart I312.300 onwardExpanded access to investigational drugs
Subpart H is reserved. Check the current eCFR text.

Part 312 in one page

  • It is the IND rulebook. 21 CFR Part 312 covers when an IND is required, what it contains, how FDA can act on it, and what sponsors and investigators must do during the study.
  • Different from the how-to. Our FDA IND application guide for academics walks through filing. This page maps the regulation that governs what happens before, during and after.
  • Duties are split. Subpart D allocates responsibilities between the sponsor (general duties, monitoring, safety, records) and the investigator (conduct, drug control, reports, records).
  • Safety reporting has fixed clocks. Section 312.32 sets expedited reporting of serious and unexpected suspected adverse reactions: 15 calendar days in general and 7 calendar days for unexpected fatal or life-threatening ones.
  • Records outlive the study. Sponsors and investigators must retain records for two years after approval of a marketing application, or after discontinuation and FDA notification, and contracts or other rules may require longer.

Overview

What Part 312 covers and who it applies to

Part 312 is titled Investigational New Drug Application. It implements FDA authority over clinical investigations of drugs and biological products that have not been approved. In broad terms, if you plan a clinical investigation of such a product in the US and it is not exempt, you need an IND in effect before you ship the drug and begin. The scope and exemptions are set out in the early sections, so read them before assuming your study needs or does not need an IND.

The rule applies to two key actors. The sponsor takes responsibility for and initiates the investigation. The investigator conducts it. Many academic studies have one person in both roles, a sponsor-investigator, which combines both sets of duties. Our guide to becoming a sponsor-investigator explains what that means in practice.

Part 312 does not stand alone. Informed consent (Part 50), IRB review (Part 56), financial disclosure (Part 54) and electronic records (Part 11) sit alongside it. See our 21 CFR Part 11 checklist for the electronic records side.

The structure

Subparts at a glance

SubpartSectionsWhat it does
A: General provisions312.1-312.10Scope, definitions, FDA review principles, and the route to request a waiver of a requirement.
B: Investigational New Drug Application312.20-312.38When an IND is required, phases, general principles, content, protocol and information amendments, IND safety reports (312.32), annual reports (312.33) and withdrawal.
C: Administrative actions312.40-312.48When an IND goes into effect, clinical holds, termination, inactive status, and meetings and dispute resolution with FDA.
D: Responsibilities of sponsors and investigators312.50-312.70Sponsor duties (selecting investigators, monitoring, informing investigators, review of ongoing investigations, records) and investigator duties (conduct, drug control, reports, records, disqualification).
E: Life-threatening and severely debilitating illnesses312.80-312.88Early consultation and treatment protocols for serious conditions.
F: Miscellaneous312.110-312.145Import and export, foreign clinical studies not under an IND, availability of information and guidance.
G: Laboratory research animals and in vitro312.160Labelling and requirements for drugs used only for laboratory research.
I: Expanded access312.300 onwardIndividual patient, intermediate-size and treatment IND routes outside a standard trial.

Subpart H is reserved. Section ranges per the current Code of Federal Regulations; check the eCFR for the latest text.

Run an IND study with an audit-ready data trail

Build your forms, edit checks and safety reporting in the free sandbox, then export the audit trail and blank eCRF before your first participant.

Build your study free

Safety reporting

Section 312.32: IND safety reports and the clocks that matter

Section 312.32 requires the sponsor to review all information relevant to the safety of the drug and to notify FDA and all participating investigators of potential serious risks. The expedited reports are called IND safety reports. Two timelines are the ones people remember. A serious and unexpected suspected adverse reaction must be reported to FDA within 15 calendar days. An unexpected fatal or life-threatening suspected adverse reaction must be reported as soon as possible and no later than 7 calendar days, and the initial notice can be by telephone or fax if followed up in writing. Sources describing the rule disagree slightly on whether the clock runs from the sponsor's initial receipt of the information or from its determination that the event qualifies, and on follow-up report timing, so read the current text of 312.32 for the precise wording.

Beyond individual cases, 312.32 also covers findings from other studies, animal or in vitro testing that suggest a significant risk, and clinically important increases in the rate of a serious suspected adverse reaction. The sponsor must evaluate whether an event is a suspected adverse reaction, serious and unexpected, and the investigator must report serious adverse events to the sponsor promptly. Our SAE reporting timelines guide, SAE deadline calculator and SUSAR reporting software pages go deeper on the mechanics.

The annual report under 312.33 is a different obligation: a brief progress report due within 60 days of the anniversary date that the IND went into effect, summarising study status, subjects and adverse events.

SAE timeline

  1. SAE reported

    Day 0 · 09:12

  2. Safety alert acknowledged

    Medical monitor · 09:40

  3. Site staff attestation

    Study coordinator · 11:05

  4. AE sign-off (PI / Sub-I)

    Awaiting signature

Complete AE sign-off

Records

Records and controls to have ready for an inspection

A practical list drawn from the duties above. It is not a substitute for reading the sections.

Protocol, amendments and IND correspondence

Keep a dated record of each version and what changed.

Investigator statements and delegation

Keep signed statements and a log of who may do what.

Case histories

Complete eCRFs with a field-level audit trail showing who changed what, when and why.

Drug accountability

Records of shipment, receipt, dispensing and return or destruction.

Safety reports and assessments

Each serious event assessed and reported on time, with the date the information was received.

Retention plan

Retain Part 312 records for the period required, commonly two years after approval or discontinuation and FDA notification, or longer by contract. See data archiving and retention.

In Capture

Where Capture supports Part 312 work

Capture is the data capture and safety reporting side of an IND study. It provides 21 CFR Part 11-aligned controls: a field-level audit trail, electronic signatures with re-authentication on countersignature, role-based access, and a draft to approved form lifecycle. Edit checks raise auto-queries, source data verification can be set per field, and safety reporting and monitoring workflows sit in the same system. Compliance is a shared responsibility with your own validated use.

  • Field-level audit trail that cannot be modified in the interface.
  • Adverse event and SAE forms with sign-off workflow.
  • Source data verification per field and query management.
  • Blank eCRF PDF and audit trail exports for inspectors.
See the eCRF and audit trail

Weight changed 68.0 to 68.5 kg

Site coordinator · Reason: Transcription error

9f2c…a71e

Query Q-0014 answered on Weight

Site coordinator · Reason: Source checked

4b8d…c203

Vital signs form locked

Data manager · Reason: Visit cleaned

e61a…58f0
Verify chain Intact

FAQ

Questions teams ask before they switch

Something not covered here? Ask us directly.

What is 21 CFR Part 312?

It is the section of the US Code of Federal Regulations titled Investigational New Drug Application. It sets out when an IND is needed, what it contains, how FDA can act on it and what sponsors and investigators must do.

How is this different from the FDA IND application guide?

The application guide explains how to prepare and file an IND. This page maps the regulation itself: the subparts, the duties of sponsors and investigators, safety reporting and records.

What are the IND safety reporting timelines in 312.32?

Serious and unexpected suspected adverse reactions are generally reported within 15 calendar days, and unexpected fatal or life-threatening ones within 7 calendar days. Check the current text for how the clock is measured and follow-up reporting.

When is the annual report due?

Under 312.33 the sponsor submits an annual progress report within 60 days of the anniversary date that the IND went into effect.

How long must IND records be kept?

Sponsors and investigators must retain records for two years after a marketing application is approved, or if none is approved, two years after the investigation is discontinued and FDA is notified. Contracts or other rules may require longer.

What is a sponsor-investigator?

A person who both initiates and conducts an investigation, so takes on both sponsor and investigator duties under Part 312.

Is Capture compliant with Part 312?

Part 312 places duties on people and organisations, not software. Capture provides 21 CFR Part 11-aligned controls, audit trail, safety forms and monitoring workflows that support those duties.

Is this legal advice?

No. It is orientation. Read the current regulation on the eCFR and consult regulatory professionals.

Run your IND study on an audit-ready system

Free sandbox with every feature. No credit card, and you pay only when you go live with real participants.

Build your study free