80_FR_28718 80 FR 28622 - List of Bulk Drug Substances That May Be Used by an Outsourcing Facility To Compound Drugs for Use in Animals; Request for Nominations

80 FR 28622 - List of Bulk Drug Substances That May Be Used by an Outsourcing Facility To Compound Drugs for Use in Animals; Request for Nominations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28622-28624
FR Document2015-11983

The Food and Drug Administration (FDA) intends to develop a list of bulk drug substances that may be used by outsourcing facilities registered under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to compound animal drugs, in accordance with FDA's draft guidance for industry #230, ``Compounding Animal Drugs from Bulk Drug Substances.'' You may nominate specific bulk drug substances for this list. This notice describes the information that should be provided to the Agency in support of each nomination.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Notices]
[Pages 28622-28624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11983]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-1196]


List of Bulk Drug Substances That May Be Used by an Outsourcing 
Facility To Compound Drugs for Use in Animals; Request for Nominations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for nominations.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) intends to develop a 
list of bulk drug substances that may be used by outsourcing facilities 
registered under the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act) to compound animal drugs, in accordance with FDA's draft guidance 
for industry #230, ``Compounding Animal Drugs from Bulk Drug 
Substances.'' You may nominate specific bulk drug substances for this 
list. This notice describes the information that should be provided to 
the Agency in support of each nomination.

DATES: To ensure that FDA considers your nominations for the initial 
version of the bulk drug substances list, submit either electronic or 
written nominations for the bulk drug substances list by August 17, 
2015.
    After the comment period is closed, nominations to add or remove 
bulk drug substances from the list may be submitted to FDA by citizen 
petition under Sec.  10.30 (21 CFR 10.30).

ADDRESSES: You may submit nominations by any of the following methods.

Electronic Submissions

    Submit electronic nominations in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written nominations in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    Instructions: All submissions received must include the Docket No. 
FDA-2013-N-1524. All nominations received may be posted without change 
to http://www.regulations.gov, including any personal information 
provided. For additional information on submitting nominations, see the 
``Request for Nominations'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
nominations received, go to http://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Neal Bataller, Center for Veterinary 
Medicine, Food and Drug Administration (HFV-210), 7519 Standish Pl., 
Rockville, MD 20855, 240-402-5745, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 503A (21 U.S.C. 353a) and 503B (21 U.S.C. 353b) of the 
FD&C Act do not apply to the compounding of animal drugs. The FD&C Act 
does not distinguish between compounding animal drugs from bulk drug 
substances \1\ and any other manufacturing or processing of animal 
drugs. Except with respect to the limited exemption provided by the 
FD&C Act described in this document, statutory provisions applicable to 
manufactured animal drugs under the FD&C Act also apply to compounded 
animal drugs.
---------------------------------------------------------------------------

    \1\ FDA regulations define ``bulk drug substance'' as ``any 
substance that is represented for use in a drug and that, when used 
in the manufacturing, processing, or packaging of a drug, becomes an 
active ingredient or a finished dosage form of the drug, but the 
term does not include intermediates used in the synthesis of such 
substances.'' 21 CFR 207.3(a)(4). ``Active ingredient'' is defined 
as ``any component that is intended to furnish pharmacological 
activity or other direct effect in the diagnosis, cure, mitigation, 
treatment, or prevention of disease, or to affect the structure or 
any function of the body of man or other animals. The term includes 
those components that may undergo chemical change in the manufacture 
of the drug product and be present in the drug product in a modified 
form intended to furnish the specified activity or effect.'' 21 CFR 
210.3(b)(7). Any component other than an active ingredient is an 
``inactive ingredient.'' See 21 CFR 210.3(b)(8). Inactive 
ingredients used in compounded drug products commonly include 
flavorings, dyes, diluents, or other excipients.
---------------------------------------------------------------------------

    Section 512(a)(4) and (5) of the FD&C Act (21 U.S.C. 360b(a)(4) and 
(5)) provide a limited exemption from certain requirements for use for 
compounded animal drugs made from already approved animal or human 
drugs. Such use is considered an extra-label use and the FD&C Act 
provides that a compounded drug is exempt from the approval 
requirements and requirements of section 502(f)(1) (21 U.S.C. 
352(f)(1)) of the FD&C Act, if it meets the conditions set out in the 
statute and the extra-label use regulations at 21 CFR part 530.
    Elsewhere in this issue of the Federal Register, FDA is announcing 
the availability of a draft guidance for industry #230 entitled 
``Compounding Animal Drugs from Bulk Drug Substances'' (GFI #230).\2\ 
The draft guidance describes conditions under which FDA does not 
generally intend to initiate enforcement action against State-licensed 
pharmacies, licensed veterinarians, and facilities registered as 
outsourcing facilities under section 503B of the FD&C Act (outsourcing 
facilities) that compound animal drugs from bulk drug substances.
---------------------------------------------------------------------------

    \2\ GFI #230 can be found at http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/ucm042450.htm.
---------------------------------------------------------------------------

    For pharmacies, these conditions include receipt of a valid 
prescription for a compounded drug from a licensed veterinarian for an 
individually identified animal patient before the

[[Page 28623]]

facility compounds the drug (with some limited compounding of an animal 
drug product in advance of receipt of a prescription in quantities 
based on a history of receipt of patient-specific prescriptions for 
that drug product). FDA recognizes that there may be some limited 
circumstances in which a drug compounded from one or more bulk drug 
substances should be available to a veterinarian for office use and is 
developing a list of such animal drug products and the bulk drug 
substances needed to make them applicable to drugs compounded by 
facilities registered as outsourcing facilities under section 503B of 
the FD&C Act. The draft guidance proposes that outsourcing facilities 
compound animal drugs only from bulk drug substances that will be 
listed in Appendix A of the final guidance, either pursuant to a 
veterinarian's order or pursuant to a patient-specific prescription. 
When a facility registered as an outsourcing facility under section 
503B of the FD&C Act uses the listed bulk drug substances to make the 
specified drug products pursuant to an order from a licensed 
veterinarian without a prescription for an individually identified 
animal, FDA does not intend to take action under sections 512(a), 
501(a)(5) (21 U.S.C. 351(a)(5)), 502(f), and 501(a)(2)(B) as long as 
such compounding is done in accordance with any associated conditions 
described in GFI #230. Although an outsourcing facility may fill a 
veterinarian's order for compounded animal drugs using bulk drug 
substances listed on Appendix A without obtaining prescriptions for 
individually identified animal patients, drugs produced by outsourcing 
facilities remain subject to the requirements in section 503(f) of the 
FD&C Act. Therefore, an outsourcing facility cannot dispense a 
compounded drug to the owner or caretaker of an animal patient without 
a prescription for that individually identified animal patient.
    This list only applies to outsourcing facilities. This list does 
not limit what bulk drug substances State-licensed pharmacies or 
licensed veterinarians can use in compounding drugs in accordance with 
the conditions set forth in the draft guidance, including the condition 
pertaining to obtaining a patient-specific prescription.
    FDA intends to include a bulk drug substance on Appendix A only 
when all of the following criteria are met:
     There is no marketed approved, conditionally approved, or 
index-listed animal drug that can be used as labeled to treat the 
condition;
     there is no marketed approved animal or human drug that 
could be used under section 512(a)(4) or (a)(5) of the FD&C Act and 
part 530 (addressing extra-label use of approved animal and human 
drugs) to treat the condition;
     the drug cannot be compounded from an approved animal or 
human drug;
     immediate treatment with the compounded drug is necessary 
to avoid animal suffering or death; and
     FDA has not identified a significant safety concern 
specific to the use of the bulk drug substance to compound animal drugs 
(under the listed conditions and limitations).
    Inactive ingredients need not appear on Appendix A to be used in 
compounding animal drug products.

II. Request for Nominations

A. Active Ingredients

    You may nominate specific bulk drug substances for inclusion on the 
list in Appendix A. Nominations will only be evaluated if they are for 
specific ingredients that meet the definition of a bulk drug substance 
in Sec.  207.3(a)(4) (21 CFR 207.3(a)(4)). Nominated substances that do 
not meet this definition will not be included on the list.
    To determine if a bulk drug substance should be included in 
Appendix A, FDA needs the following information about the bulk drug 
substance being nominated and the animal drug product(s) that will be 
compounded using such substance:
1. Confirmation That the Nominated Substance Is a Bulk Drug Substance
    A statement that the nominated substance is an active ingredient 
that meets the definition of ``bulk drug substance'' in Sec.  
207.3(a)(4), and an explanation of why the substance is considered an 
active ingredient when it is used in the identified compounded drug 
product(s), citing to specific sources that describe the active 
properties of the substance.
2. General Background on the Bulk Drug Substance
     Ingredient name;
     chemical name;
     common name(s); and
     identifying codes, as available, from FDA's Unique 
Ingredient Identifiers used in the FDA/U.S. Pharmacopeial Convention 
(USP) Substance Registration System, available at http://fdasis.nlm.nih.gov/srs/. Because substance names can vary, this code, 
where available, will be used by the Agency to confirm the exact 
substance nominated and to identify multiple nominations of the same 
substance so the information can be reviewed together.
     Chemical grade of the ingredient;
     description of the strength, quality, stability, and 
purity of the ingredient;
     information about how the ingredient is supplied (e.g., 
powder, liquid); and
     information about recognition of the substance in foreign 
pharmacopeias and the status of its registration(s) in other countries, 
including whether information has been submitted to USP for 
consideration of monograph development.

B. Information on the Animal Drug Products That Will Be Compounded With 
the Bulk Drug Substance

     Information about the dosage form(s) into which the bulk 
drug substance will be compounded;
     information about the strength(s) of the compounded 
product(s); and
     information about the anticipated route(s) of 
administration of the compounded product(s).

C. Need for the Animal Drug Products That Will Be Compounded With the 
Bulk Drug Substance

    For FDA to be able to meaningfully evaluate a substance, the 
information provided must be specific to the particular substance 
nominated and animal drug product to be compounded. A ``boilerplate'' 
or general explanation of need for compounding with bulk drug 
substances will not enable FDA to conduct an adequate review. Unless 
adequate supporting data are submitted for a bulk drug substance, FDA 
will be unable to consider it for inclusion in Appendix A.
    Prescribers of compounded animal drug products may be in the best 
position to explain why a particular bulk drug substance meets the 
criteria for including a bulk drug substance on Appendix A and are 
encouraged to provide data in support of a nomination. The following 
information about need is necessary to provide adequate support for 
nominations to the Appendix A list:
     A statement identifying the species and condition(s) that 
the drug product to be compounded with the nominated bulk drug 
substance is intended to treat;
     a bibliography of safety and efficacy data for the drug 
compounded using the nominated substance, if available,\3\ including 
any relevant peer-reviewed veterinary literature;
---------------------------------------------------------------------------

    \3\ FDA recognizes that the available safety and efficacy data 
supporting consideration of a bulk drug substance for inclusion on 
the list may not be of the same type, amount, or quality as is 
required to support a new animal drug application.
---------------------------------------------------------------------------

     a list of animal drug products, if any, that are approved, 
conditionally approved, or index listed for the

[[Page 28624]]

condition(s) in the species that the drug compounded with the nominated 
substance is intended to address;
     if there are FDA-approved or index listed drug products 
that address the same conditions in the same species, an explanation, 
supported by relevant veterinary literature, of why a compounded drug 
product is necessary (i.e., why the approved drug product is not 
suitable for a particular patient population);
     a review of the veterinary literature to determine whether 
there are FDA-approved animal or human drugs that could be prescribed 
as an extra-label use under section 512(a)(4) and (a)(5) of the FD&C 
Act and part 530 to treat the condition(s) in the species that the drug 
compounded with the nominated substance is intended to address;
     if the bulk drug substance is an active ingredient in an 
approved animal or human drug, an explanation, supported by appropriate 
scientific data, of why the animal drug product cannot be compounded 
from the approved drug under 21 CFR 530.13(b);
     an explanation, supported by relevant veterinary 
literature, of why the animal drug product to be compounded with the 
nominated bulk drug substance must be available to the veterinarian for 
immediate treatment to avoid animal suffering or death. Nominations 
should include specific information documenting that animal suffering 
or death will result if treatment is delayed until a compounded animal 
drug can be obtained pursuant to a prescription for an individually 
identified animal; and
     a discussion of any safety concerns associated with use of 
the nominated bulk drug substance or finished compounded product for 
the condition(s) in the species that the compounded drug is intended to 
address. If there are any safety concerns, an explanation, supported by 
veterinary literature, of why the concerns should not preclude 
inclusion of that bulk drug substance on Appendix A.

D. Nomination Process

    For efficient consolidation and review of nominations, nominators 
are encouraged to submit their nominations in a format that explicitly 
addresses each item previously listed in the order that they appear. To 
consider a bulk drug substance for inclusion in Appendix A, FDA must 
receive adequate supporting data for the substance. FDA cannot 
guarantee that all drugs nominated during the nomination period will be 
considered for inclusion on Appendix A prior to its initial 
publication. Nominations that are not evaluated during this first phase 
will receive consideration for later addition to Appendix A.
    Individuals and organization may petition FDA to make additional 
amendments to Appendix A after it is published, in accordance with 
Sec.  10.30.
    Interested persons may submit either electronic nominations to 
http://www.regulations.gov or written nominations to the Division of 
Dockets Management (see ADDRESSES). It is only necessary to send one 
set of nominations. Identify nominations with the docket number found 
in the brackets in the heading of this document. Received nominations 
may be seen in the Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: May 12, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-11983 Filed 5-18-15; 8:45 am]
 BILLING CODE 4164-01-P



                                              28622                          Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              drugs (e.g., OxyContin) and illicit opioid              specific bulk drug substances for this                animal drugs. The FD&C Act does not
                                              drugs (e.g., heroin). It is currently the               list. This notice describes the                       distinguish between compounding
                                              standard treatment for those                            information that should be provided to                animal drugs from bulk drug
                                              experiencing overdose and is commonly                   the Agency in support of each                         substances 1 and any other
                                              used by trained medical personnel in                    nomination.                                           manufacturing or processing of animal
                                              emergency departments and on                            DATES: To ensure that FDA considers                   drugs. Except with respect to the limited
                                              ambulances. Its use among nonmedical                    your nominations for the initial version              exemption provided by the FD&C Act
                                              personnel has also increased in recent                  of the bulk drug substances list, submit              described in this document, statutory
                                              years. The purpose of the public                        either electronic or written nominations              provisions applicable to manufactured
                                              meeting is to explore issues surrounding                for the bulk drug substances list by                  animal drugs under the FD&C Act also
                                              the uptake of naloxone to treat opioid                  August 17, 2015.                                      apply to compounded animal drugs.
                                              drug overdose. The meeting agenda will                     After the comment period is closed,                  Section 512(a)(4) and (5) of the FD&C
                                              include topics on the clinical,                         nominations to add or remove bulk drug                Act (21 U.S.C. 360b(a)(4) and (5))
                                              regulatory, and legal implications of                   substances from the list may be                       provide a limited exemption from
                                              making naloxone more widely available.                  submitted to FDA by citizen petition                  certain requirements for use for
                                              FDA will post the agenda and additional                                                                       compounded animal drugs made from
                                                                                                      under § 10.30 (21 CFR 10.30).
                                              public meeting material approximately                                                                         already approved animal or human
                                                                                                      ADDRESSES: You may submit
                                              2 days before the workshop at: http://                                                                        drugs. Such use is considered an extra-
                                                                                                      nominations by any of the following                   label use and the FD&C Act provides
                                              www.fda.gov/Drugs/NewsEvents/
                                                                                                      methods.                                              that a compounded drug is exempt from
                                              ucm442236.htm.
                                                                                                      Electronic Submissions                                the approval requirements and
                                              II. Transcripts                                                                                               requirements of section 502(f)(1) (21
                                                 A transcript will be made available                    Submit electronic nominations in the
                                                                                                                                                            U.S.C. 352(f)(1)) of the FD&C Act, if it
                                              approximately 45 days after the public                  following way:
                                                                                                        • Federal eRulemaking Portal: http://               meets the conditions set out in the
                                              meeting. It will be accessible at http://                                                                     statute and the extra-label use
                                                                                                      www.regulations.gov. Follow the
                                              www.regulations.gov and may be                                                                                regulations at 21 CFR part 530.
                                                                                                      instructions for submitting comments.
                                              viewed at the Division of Dockets                                                                               Elsewhere in this issue of the Federal
                                              Management (see Comments). A                            Written Submissions                                   Register, FDA is announcing the
                                              transcript will also be available in either                Submit written nominations in the                  availability of a draft guidance for
                                              hardcopy or on CD–ROM, after                            following ways:                                       industry #230 entitled ‘‘Compounding
                                              submission of a Freedom of Information                     • Mail/Hand delivery/Courier (for                  Animal Drugs from Bulk Drug
                                              request. Written requests are to be sent                paper submissions): Division of Dockets               Substances’’ (GFI #230).2 The draft
                                              to Division of Freedom of Information                   Management (HFA–305), Food and Drug                   guidance describes conditions under
                                              (ELEM–1029), Food and Drug                              Administration, 5630 Fishers Lane, rm.                which FDA does not generally intend to
                                              Administration, 12420 Parklawn Dr.,                     1061, Rockville, MD 20852.                            initiate enforcement action against
                                              Element Bldg., Rockville, MD 20857.                                                                           State-licensed pharmacies, licensed
                                                                                                         Instructions: All submissions received
                                                Dated: May 13, 2015.                                                                                        veterinarians, and facilities registered as
                                                                                                      must include the Docket No. FDA–
                                              Leslie Kux,                                                                                                   outsourcing facilities under section
                                                                                                      2013–N–1524. All nominations received
                                                                                                                                                            503B of the FD&C Act (outsourcing
                                              Associate Commissioner for Policy.                      may be posted without change to http://
                                                                                                                                                            facilities) that compound animal drugs
                                              [FR Doc. 2015–12061 Filed 5–18–15; 8:45 am]             www.regulations.gov, including any
                                                                                                                                                            from bulk drug substances.
                                              BILLING CODE 4164–01–P                                  personal information provided. For                       For pharmacies, these conditions
                                                                                                      additional information on submitting                  include receipt of a valid prescription
                                                                                                      nominations, see the ‘‘Request for                    for a compounded drug from a licensed
                                              DEPARTMENT OF HEALTH AND                                Nominations’’ heading of the                          veterinarian for an individually
                                              HUMAN SERVICES                                          SUPPLEMENTARY INFORMATION section of                  identified animal patient before the
                                                                                                      this document.
                                              Food and Drug Administration                               Docket: For access to the docket to                   1 FDA regulations define ‘‘bulk drug substance’’

                                              [Docket No. FDA–2015–N–1196]                            read background documents or                          as ‘‘any substance that is represented for use in a
                                                                                                      nominations received, go to http://                   drug and that, when used in the manufacturing,
                                              List of Bulk Drug Substances That May                   www.regulations.gov and insert the                    processing, or packaging of a drug, becomes an
                                                                                                                                                            active ingredient or a finished dosage form of the
                                              Be Used by an Outsourcing Facility To                   docket number, found in brackets in the               drug, but the term does not include intermediates
                                              Compound Drugs for Use in Animals;                      heading of this document, into the                    used in the synthesis of such substances.’’ 21 CFR
                                              Request for Nominations                                 ‘‘Search’’ box and follow the prompts                 207.3(a)(4). ‘‘Active ingredient’’ is defined as ‘‘any
                                                                                                      and/or go to the Division of Dockets                  component that is intended to furnish
                                              AGENCY:    Food and Drug Administration,                                                                      pharmacological activity or other direct effect in the
                                                                                                      Management, 5630 Fishers Lane, rm.                    diagnosis, cure, mitigation, treatment, or prevention
                                              HHS.
                                                                                                      1061, Rockville, MD 20852.                            of disease, or to affect the structure or any function
                                              ACTION:   Notice; request for nominations.
                                                                                                      FOR FURTHER INFORMATION CONTACT: Neal                 of the body of man or other animals. The term
                                                                                                      Bataller, Center for Veterinary Medicine,             includes those components that may undergo
                                              SUMMARY:    The Food and Drug                                                                                 chemical change in the manufacture of the drug
                                              Administration (FDA) intends to                         Food and Drug Administration (HFV–                    product and be present in the drug product in a
                                              develop a list of bulk drug substances                  210), 7519 Standish Pl., Rockville, MD                modified form intended to furnish the specified
                                              that may be used by outsourcing                         20855, 240–402–5745, neal.bataller@                   activity or effect.’’ 21 CFR 210.3(b)(7). Any
                                                                                                                                                            component other than an active ingredient is an
tkelley on DSK3SPTVN1PROD with NOTICES




                                              facilities registered under the Federal                 fda.hhs.gov.
                                                                                                                                                            ‘‘inactive ingredient.’’ See 21 CFR 210.3(b)(8).
                                              Food, Drug, and Cosmetic Act (the                       SUPPLEMENTARY INFORMATION:                            Inactive ingredients used in compounded drug
                                              FD&C Act) to compound animal drugs,                                                                           products commonly include flavorings, dyes,
                                              in accordance with FDA’s draft                          I. Background                                         diluents, or other excipients.
                                                                                                                                                               2 GFI #230 can be found at http://www.fda.gov/
                                              guidance for industry #230,                                Sections 503A (21 U.S.C. 353a) and                 AnimalVeterinary/
                                              ‘‘Compounding Animal Drugs from Bulk                    503B (21 U.S.C. 353b) of the FD&C Act                 GuidanceComplianceEnforcement/
                                              Drug Substances.’’ You may nominate                     do not apply to the compounding of                    GuidanceforIndustry/ucm042450.htm.



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                                                                             Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                      28623

                                              facility compounds the drug (with some                  used under section 512(a)(4) or (a)(5) of                • Chemical grade of the ingredient;
                                              limited compounding of an animal drug                   the FD&C Act and part 530 (addressing                    • description of the strength, quality,
                                              product in advance of receipt of a                      extra-label use of approved animal and                stability, and purity of the ingredient;
                                              prescription in quantities based on a                   human drugs) to treat the condition;                     • information about how the
                                              history of receipt of patient-specific                    • the drug cannot be compounded                     ingredient is supplied (e.g., powder,
                                              prescriptions for that drug product).                   from an approved animal or human                      liquid); and
                                              FDA recognizes that there may be some                   drug;                                                    • information about recognition of the
                                              limited circumstances in which a drug                     • immediate treatment with the                      substance in foreign pharmacopeias and
                                              compounded from one or more bulk                        compounded drug is necessary to avoid                 the status of its registration(s) in other
                                              drug substances should be available to                  animal suffering or death; and                        countries, including whether
                                              a veterinarian for office use and is                      • FDA has not identified a significant              information has been submitted to USP
                                              developing a list of such animal drug                   safety concern specific to the use of the             for consideration of monograph
                                              products and the bulk drug substances                   bulk drug substance to compound                       development.
                                              needed to make them applicable to                       animal drugs (under the listed
                                                                                                      conditions and limitations).                          B. Information on the Animal Drug
                                              drugs compounded by facilities                                                                                Products That Will Be Compounded
                                              registered as outsourcing facilities under                Inactive ingredients need not appear
                                                                                                      on Appendix A to be used in                           With the Bulk Drug Substance
                                              section 503B of the FD&C Act. The draft
                                              guidance proposes that outsourcing                      compounding animal drug products.                       • Information about the dosage
                                              facilities compound animal drugs only                                                                         form(s) into which the bulk drug
                                                                                                      II. Request for Nominations
                                              from bulk drug substances that will be                                                                        substance will be compounded;
                                              listed in Appendix A of the final                       A. Active Ingredients                                   • information about the strength(s) of
                                              guidance, either pursuant to a                            You may nominate specific bulk drug                 the compounded product(s); and
                                              veterinarian’s order or pursuant to a                   substances for inclusion on the list in                 • information about the anticipated
                                              patient-specific prescription. When a                   Appendix A. Nominations will only be                  route(s) of administration of the
                                              facility registered as an outsourcing                   evaluated if they are for specific                    compounded product(s).
                                              facility under section 503B of the FD&C                 ingredients that meet the definition of a             C. Need for the Animal Drug Products
                                              Act uses the listed bulk drug substances                bulk drug substance in § 207.3(a)(4) (21              That Will Be Compounded With the
                                              to make the specified drug products                     CFR 207.3(a)(4)). Nominated substances                Bulk Drug Substance
                                              pursuant to an order from a licensed                    that do not meet this definition will not
                                              veterinarian without a prescription for                                                                         For FDA to be able to meaningfully
                                                                                                      be included on the list.                              evaluate a substance, the information
                                              an individually identified animal, FDA                    To determine if a bulk drug substance
                                              does not intend to take action under                                                                          provided must be specific to the
                                                                                                      should be included in Appendix A,
                                              sections 512(a), 501(a)(5) (21 U.S.C.                                                                         particular substance nominated and
                                                                                                      FDA needs the following information
                                              351(a)(5)), 502(f), and 501(a)(2)(B) as                                                                       animal drug product to be compounded.
                                                                                                      about the bulk drug substance being
                                              long as such compounding is done in                                                                           A ‘‘boilerplate’’ or general explanation
                                                                                                      nominated and the animal drug
                                              accordance with any associated                                                                                of need for compounding with bulk
                                                                                                      product(s) that will be compounded
                                              conditions described in GFI #230.                                                                             drug substances will not enable FDA to
                                                                                                      using such substance:
                                              Although an outsourcing facility may                                                                          conduct an adequate review. Unless
                                              fill a veterinarian’s order for                         1. Confirmation That the Nominated                    adequate supporting data are submitted
                                              compounded animal drugs using bulk                      Substance Is a Bulk Drug Substance                    for a bulk drug substance, FDA will be
                                              drug substances listed on Appendix A                       A statement that the nominated                     unable to consider it for inclusion in
                                              without obtaining prescriptions for                     substance is an active ingredient that                Appendix A.
                                              individually identified animal patients,                meets the definition of ‘‘bulk drug                     Prescribers of compounded animal
                                              drugs produced by outsourcing facilities                substance’’ in § 207.3(a)(4), and an                  drug products may be in the best
                                              remain subject to the requirements in                   explanation of why the substance is                   position to explain why a particular
                                              section 503(f) of the FD&C Act.                         considered an active ingredient when it               bulk drug substance meets the criteria
                                              Therefore, an outsourcing facility                      is used in the identified compounded                  for including a bulk drug substance on
                                              cannot dispense a compounded drug to                    drug product(s), citing to specific                   Appendix A and are encouraged to
                                              the owner or caretaker of an animal                     sources that describe the active                      provide data in support of a nomination.
                                              patient without a prescription for that                 properties of the substance.                          The following information about need is
                                              individually identified animal patient.                                                                       necessary to provide adequate support
                                                 This list only applies to outsourcing                2. General Background on the Bulk Drug                for nominations to the Appendix A list:
                                              facilities. This list does not limit what               Substance                                               • A statement identifying the species
                                              bulk drug substances State-licensed                        • Ingredient name;                                 and condition(s) that the drug product
                                              pharmacies or licensed veterinarians                       • chemical name;                                   to be compounded with the nominated
                                              can use in compounding drugs in                            • common name(s); and                              bulk drug substance is intended to treat;
                                              accordance with the conditions set forth                   • identifying codes, as available, from              • a bibliography of safety and efficacy
                                              in the draft guidance, including the                    FDA’s Unique Ingredient Identifiers                   data for the drug compounded using the
                                              condition pertaining to obtaining a                     used in the FDA/U.S. Pharmacopeial                    nominated substance, if available,3
                                              patient-specific prescription.                          Convention (USP) Substance                            including any relevant peer-reviewed
                                                 FDA intends to include a bulk drug                   Registration System, available at http://             veterinary literature;
                                              substance on Appendix A only when all                   fdasis.nlm.nih.gov/srs/. Because                        • a list of animal drug products, if
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                                              of the following criteria are met:                      substance names can vary, this code,                  any, that are approved, conditionally
                                                 • There is no marketed approved,                     where available, will be used by the                  approved, or index listed for the
                                              conditionally approved, or index-listed                 Agency to confirm the exact substance
                                                                                                                                                               3 FDA recognizes that the available safety and
                                              animal drug that can be used as labeled                 nominated and to identify multiple
                                                                                                                                                            efficacy data supporting consideration of a bulk
                                              to treat the condition;                                 nominations of the same substance so                  drug substance for inclusion on the list may not be
                                                 • there is no marketed approved                      the information can be reviewed                       of the same type, amount, or quality as is required
                                              animal or human drug that could be                      together.                                             to support a new animal drug application.



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                                              28624                          Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              condition(s) in the species that the drug               will receive consideration for later                  10.115(g)(5)), to ensure that FDA
                                              compounded with the nominated                           addition to Appendix A.                               considers your comment on the draft
                                              substance is intended to address;                         Individuals and organization may                    guidance before it begins work on the
                                                 • if there are FDA-approved or index                 petition FDA to make additional                       final version of the guidance, submit
                                              listed drug products that address the                   amendments to Appendix A after it is                  either electronic or written comments
                                              same conditions in the same species, an                 published, in accordance with § 10.30.                on the draft guidance by August 17,
                                              explanation, supported by relevant                        Interested persons may submit either                2015. Submit written or electronic
                                              veterinary literature, of why a                         electronic nominations to http://                     comments on the proposed collection of
                                              compounded drug product is necessary                    www.regulations.gov or written                        information by August 17, 2015.
                                              (i.e., why the approved drug product is                 nominations to the Division of Dockets                ADDRESSES: Submit written requests for
                                              not suitable for a particular patient                   Management (see ADDRESSES). It is only                single copies of the draft guidance to the
                                              population);                                            necessary to send one set of                          Policy and Regulations Staff (HFV–6),
                                                 • a review of the veterinary literature              nominations. Identify nominations with                Center for Veterinary Medicine, Food
                                              to determine whether there are FDA-                     the docket number found in the brackets               and Drug Administration, 7519 Standish
                                              approved animal or human drugs that                     in the heading of this document.                      Pl., Rockville, MD 20855. Send one self-
                                              could be prescribed as an extra-label use               Received nominations may be seen in                   addressed adhesive label to assist that
                                              under section 512(a)(4) and (a)(5) of the               the Division of Dockets Management                    office in processing your request. See
                                              FD&C Act and part 530 to treat the                      between 9 a.m. and 4 p.m., Monday                     the SUPPLEMENTARY INFORMATION section
                                              condition(s) in the species that the drug               through Friday, and will be posted to                 for electronic access to the draft
                                              compounded with the nominated                           the docket at http://                                 guidance.
                                              substance is intended to address;                       www.regulations.gov.                                     Submit electronic comments on the
                                                 • if the bulk drug substance is an                     Dated: May 12, 2015.                                draft guidance, including comments
                                              active ingredient in an approved animal                                                                       regarding the proposed collection of
                                                                                                      Leslie Kux,
                                              or human drug, an explanation,                                                                                information, to http://
                                                                                                      Associate Commissioner for Policy.
                                              supported by appropriate scientific data,                                                                     www.regulations.gov. Submit written
                                                                                                      [FR Doc. 2015–11983 Filed 5–18–15; 8:45 am]
                                              of why the animal drug product cannot                                                                         comments on the draft guidance,
                                              be compounded from the approved drug                    BILLING CODE 4164–01–P
                                                                                                                                                            including comments regarding the
                                              under 21 CFR 530.13(b);                                                                                       proposed collection of information, to
                                                 • an explanation, supported by
                                                                                                      DEPARTMENT OF HEALTH AND                              the Division of Dockets Management
                                              relevant veterinary literature, of why the
                                                                                                      HUMAN SERVICES                                        (HFA–305), Food and Drug
                                              animal drug product to be compounded
                                                                                                                                                            Administration, 5630 Fishers Lane, Rm.
                                              with the nominated bulk drug substance                  Food and Drug Administration                          1061, Rockville, MD 20852.
                                              must be available to the veterinarian for
                                                                                                      [Docket Nos. FDA–2015–D–1176 and FDA–                 FOR FURTHER INFORMATION CONTACT:
                                              immediate treatment to avoid animal
                                              suffering or death. Nominations should                  2003–D–0202]                                          With regard to this draft guidance:
                                              include specific information                                                                                  Division of Compliance, Center for
                                                                                                      Compounding Animal Drugs From                         Veterinary Medicine, Food and Drug
                                              documenting that animal suffering or
                                                                                                      Bulk Drug Substances; Draft Guidance                  Administration (HFV–230), 7519
                                              death will result if treatment is delayed
                                                                                                      for Industry; Availability; Withdrawal of             Standish Pl., Rockville, MD 20855, 240–
                                              until a compounded animal drug can be
                                                                                                      Compliance Policy Guide; Section                      402–7001, CVMCompliance@
                                              obtained pursuant to a prescription for                 608.400 Compounding of Drugs for
                                              an individually identified animal; and                                                                        fda.hhs.gov.
                                                                                                      Use in Animals                                           With regard to the proposed collection
                                                 • a discussion of any safety concerns
                                              associated with use of the nominated                                                                          of information: FDA PRA Staff, Office of
                                                                                                      AGENCY:    Food and Drug Administration,
                                              bulk drug substance or finished                         HHS.                                                  Operations, Food and Drug
                                              compounded product for the                                                                                    Administration, 8455 Colesville Rd.;
                                                                                                      ACTION:   Notice; withdrawal.                         COLE–14526, Silver Spring, MD 20993–
                                              condition(s) in the species that the
                                              compounded drug is intended to                          SUMMARY:   The Food and Drug                          0002; PRAStaff@fda.hhs.gov.
                                              address. If there are any safety concerns,              Administration (FDA) is announcing the                SUPPLEMENTARY INFORMATION:
                                              an explanation, supported by veterinary                 availability of a draft guidance for                  I. Draft Guidance
                                              literature, of why the concerns should                  industry (GFI) #230 entitled
                                                                                                      ‘‘Compounding Animal Drugs from Bulk                     FDA is announcing the availability of
                                              not preclude inclusion of that bulk drug
                                                                                                      Drug Substances.’’ The draft guidance                 a draft GFI #230 entitled ‘‘Compounding
                                              substance on Appendix A.
                                                                                                      describes FDA’s policies with regard to               Animal Drugs from Bulk Drug
                                              D. Nomination Process                                   compounding animal drugs from bulk                    Substances.’’ The draft guidance
                                                 For efficient consolidation and review               drug substances. When final, the                      provides information to compounders of
                                              of nominations, nominators are                          guidance will reflect FDA’s current                   animal drugs and other interested
                                              encouraged to submit their nominations                  thinking on the issues addressed by the               stakeholders on FDA’s application of
                                              in a format that explicitly addresses                   guidance.                                             the Federal Food, Drug, and Cosmetic
                                              each item previously listed in the order                   FDA is also announcing the                         Act (the FD&C Act) with respect to the
                                              that they appear. To consider a bulk                    withdrawal of the compliance policy                   compounding of animal drugs from bulk
                                              drug substance for inclusion in                         guide (CPG) entitled ‘‘Section 608.400                drug substances.1
                                              Appendix A, FDA must receive                            Compounding of Drugs for Use in
                                                                                                                                                              1 FDA regulations define ‘‘bulk drug substance’’
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                                              adequate supporting data for the                        Animals,’’ which was issued in July
                                                                                                                                                            as ‘‘any substance that is represented for use in a
                                              substance. FDA cannot guarantee that                    2003. This 2003 CPG is being                          drug and that, when used in the manufacturing,
                                              all drugs nominated during the                          withdrawn because it is no longer                     processing, or packaging of a drug, becomes an
                                              nomination period will be considered                    consistent with FDA’s current thinking                active ingredient or a finished dosage form of the
                                                                                                      on the issues it addresses.                           drug, but the term does not include intermediates
                                              for inclusion on Appendix A prior to its                                                                      used in the synthesis of such substances.’’ 21 CFR
                                              initial publication. Nominations that are               DATES: Although you can comment on                    207.3(a)(4). ‘‘Active ingredient’’ is defined as ‘‘any
                                              not evaluated during this first phase                   any guidance at any time (see 21 CFR                  component that is intended to furnish



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Document Created: 2015-12-15 15:29:26
Document Modified: 2015-12-15 15:29:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for nominations.
DatesTo ensure that FDA considers your nominations for the initial version of the bulk drug substances list, submit either electronic or written nominations for the bulk drug substances list by August 17, 2015.
ContactNeal Bataller, Center for Veterinary Medicine, Food and Drug Administration (HFV-210), 7519 Standish Pl., Rockville, MD 20855, 240-402-5745, [email protected]
FR Citation80 FR 28622 

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