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Published Document: 2023-05465 (88 FR 16543)
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AGENCY:
Food and Drug Administration, HHS.
ACTION:
Final rule; technical amendments.
SUMMARY:
The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs), abbreviated new animal drug applications (ANADAs), and conditionally approved new animal drug applications (cNADAs) during October, November, and December 2022. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve the accuracy and readability of the regulations.
DATES:
This rule is effective March 20, 2023.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7500 Standish Pl.,
( printed page 16544)
Rockville, MD 20855, 240-402-5689,
George.Haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Approvals
FDA is amending the animal drug regulations to reflect approval actions for NADAs, ANADAs, and cNADAs during October, November, and December 2022, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the office of the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday, 240-402-7500. Persons with access to the internet may obtain these documents at the CVM FOIA Electronic Reading Room:
https://www.fda.gov/about-fda/center-veterinary-medicine/cvm-foia-electronic-reading-room.
Marketing exclusivity and patent information may be accessed in FDA's publication, Approved Animal Drug Products Online (Green Book) at:
https://www.fda.gov/animal-veterinary/products/approved-animal-drug-products-green-book.
FDA has verified the website addresses as of the date this document publishes in the
Federal Register
, but websites are subject to change over time.
Table 1—Original and Supplemental NADAs, ANADAs, and cNADAs Approved During October, November, and December 2022 Requiring Evidence of Safety and/or Effectiveness
Approval date
File No.
Sponsor
Product name
Effect of the action
Public documents
21 CFR
section
November 4, 2022
200-730
Parnell Technologies Pty. Ltd., Unit 4, 476 Gardeners Rd., Alexandria, New South Wales 2015, Australia
Original approval for the treatment of bovine respiratory disease, infectious bovine keratoconjunctivitis, and bovine foot rot as a generic copy of NADA 141-244
PANOQUELL-CA1 (fuzapladib sodium for injection) Powder for injection
Conditional approval for management of clinical signs associated with acute onset of pancreatitis in dogs
FOI Summary
516.1012
December 2, 2022
200-377
Bimeda Animal Health Ltd., 1B The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland
LINXMED (lincomycin hydrochloride) Soluble Powder
Supplemental approval for control of American foulbrood in honey bees as a generic copy of NADA 111-636
FOI Summary
520.1263b
December 2, 2022
141-529
Pharmgate, Inc., 1800 Sir Tyler Dr., Wilmington, NC 28405
PENNITRACIN (bacitracin methylenedisalicylate) and MAXIBAN (narasin and nicarbazin)
Original approval for the prevention of mortality caused by necrotic enteritis and coccidiosis in broiler chickens
FOI Summary
558.364
December 8, 2022
141-566
Increvet, Inc., 200 Portland St., Floor 3, Boston, MA 02114
BEXACAT (bexagliflozin tablets) Tablets
Original approval to improve glycemic control in otherwise healthy cats with diabetes mellitus not previously treated with insulin
FOI Summary
520.170
December 15, 2022
200-455
Bimeda Animal Health Ltd., 1B The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland
BILOVET (tylosin tartrate) Soluble Powder
Original approval for the control of mortality caused by necrotic enteritis associated with
Clostridium perfringens
in broiler chickens as a generic copy of NADA 013-076
FOI Summary
520.2640
December 20, 2022
141-559
Anzac Animal Health, LLC, 218 Millwell Dr., Suite B, Maryland Heights, MO 63043
Supplemental approval for control of pyrexia associated with acute bovine mastitis, for addition of lactating dairy cows for all approved indications, and of a milk discard time
FOI Summary
524.970
Also, FDA is amending the animal drug regulations to reflect approval of supplemental applications, as listed in table 2, to change the marketing status of dosage form antimicrobial animal drug products from over-the-counter (OTC) to by veterinary prescription (Rx). These applications were submitted in voluntary compliance with the goals of the FDA Center for Veterinary Medicine's (CVM's) Judicious Use Initiative as identified by guidance for industry #263, “Recommendations for Sponsors of Medically Important Antimicrobial Drugs Approved for Use in Animals to Voluntarily Bring Under Veterinary Oversight All Products That Continue to be Available Over-the-Counter,” June 11, 2021 (
https://www.fda.gov/media/130610/download).
Table 2—Supplemental Applications Approved During October, November, and December 2022 To Change the Marketing Status of Antimicrobial Animal Drug Products From OTC to R
x
Approval date
File No.
Sponsor
Product name
21 CFR
section
October 11, 2022
097-222
Boehringer Ingelheim Animal Health USA, Inc., 3239 Satellite Blvd., Duluth, GA 30096
Increvet, Inc., 200 Portland St., Floor 3, Boston, MA 02114 has informed FDA that it has transferred ownership of, and all rights and interest in, NADA 141-566 for BEXACAT (bexagliflozin tablets) Tablets, approved December 8, 2022, to Elanco US Inc., 2500 Innovation Way, Greenfield, IN 46140. The regulatory text for the original approval of this application reflects this change of sponsorship.
III. Technical Amendments
FDA is making the following amendments to improve the accuracy of the animal drug regulations:
21 CFR 516.498 is removed from subpart C of part 516 and is added to subpart E.
21 CFR 520.441 is amended to revise the sponsor listings for uses of chlortetracycline in drinking water of various food-producing animals.
21 CFR 520.443 is amended to revise the sponsor listings for uses of chlortetracycline tablets and boluses in calves.
21 CFR 520.1196 is amended to revise the indication for uses of ivermectin and pyrantel tablets in dogs.
21 CFR 522. 1660a is amended to reflect the correct drug labeler code for a sponsor of an oxytetracycline injectable solution.
21 CFR 522.2471 is amended to add human food safety warnings for use of tilmicosin injectable solution in cattle and sheep.
21 CFR 524.1448 is amended to revise the indication for use of mirtazapine transdermal ointment in cats.
21 CFR 556.222 is amended to reflect a revised tolerance for residues of doramectin in liver of cattle.
21 CFR 556.500 is amended to reflect revised numbering of sections for oxytetracycline uses in food-producing animals.
21 CFR 558.76 is amended to add conditions of use previously approved under NADA 141-137 for use of bacitracin methylenedisalicylate in the manufacture of Type C medicated feeds for broiler and replacement chickens (87 FR 76418, December 14, 2022).
21 CFR 558.355 is amended to revise a caution statement on labeling of monensin Type A medicated articles for use in broiler breeder replacement chickens.
( printed page 16546)
IV. Legal Authority
This final rule is issued under section 512(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C.360b(i)), which requires
Federal Register
publication of “notice[s] . . . effective as a regulation,” of the conditions of use of approved new animal drugs. This rule sets forth technical amendments to the regulations to codify recent actions on approved new animal drug applications and corrections to improve the accuracy of the regulations, and as such does not impose any burden on regulated entities.
Although denominated a rule pursuant to the FD&C Act, this document does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a “rule of particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. Likewise, this is not a rule subject to Executive Order 12866, which defines a rule as “an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency.”
Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 510, 516, 520, 522, 524, 526, 529, 556, and 558 are amended as follows:
PART 510—NEW ANIMAL DRUGS
1. The authority citation for part 510 continues to read as follows:
2. In § 510.600, in the table in paragraph (c)(1), add entries in alphabetical order for “Ishihara Sangyo Kaisha, Ltd.” and “ZyVet Animal Health, Inc.” and in the table in paragraph (c)(2), add entries in numerical order for “064642” and “086117” to read as follows:
(a)
Specifications.
The drug is provided as a powder for injection that is reconstituted with 3.5 milliliter (mL) of provided diluent to a final concentration of 4 milligrams (mg) fuzapladib sodium per mL.
(b)
Sponsor.
See No. 064642 in § 510.600(c) of this chapter.
(c)
Conditions of use
—(1)
Amount.
Administer at a dosage of 0.4 mg (0.1 mL) per kilogram of body weight once daily for 3 consecutive days by intravenous (IV) injection over 15 seconds to 1 minute.
(2)
Indications for use in dogs.
For the management of clinical signs associated with acute onset of pancreatitis in dogs.
(3)
Limitations.
Federal law restricts this drug to use by or on the order of a licensed veterinarian. It is a violation of Federal law to use this product other than as directed in the labeling.
( printed page 16547)
PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS
6. The authority citation for part 520 continues to read as follows:
(a)
Specifications.
Each tablet contains 15 milligrams bexagliflozin.
(b)
Sponsor.
See No. 058198 in § 510.600(c) of this chapter.
(c)
Conditions of use
—(1)
Amount.
Administer one tablet by mouth to cats 6.6 lb (3.0 kg) or greater once daily, at approximately the same time each day, with or without food, and regardless of blood glucose level.
(2)
Indications for use.
To improve glycemic control in otherwise healthy cats with diabetes mellitus not previously treated with insulin.
(3)
Limitations.
Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(1) No. 069254 for use as in paragraph (d) of this section.
* * * * *
(3) Nos. 069043 and 076475 for use as in paragraphs (d)(4)(i)(A), (d)(4)(i)(B), and (d)(4)(ii) and (iii) of this section.
* * * * *
(d) * * *
(4) * * *
(iii) * * *.
(C)
Limitations.
Prepare fresh solution daily as the sole source of chlortetracycline. Do not use for more than 5 days. For Nos. 066104, 069043, 069254, and 076475: Do not slaughter animals for food within 5 days of treatment. For No. 069254: Do not slaughter animals for food within 24 hours of treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
* * * * *
10. In § 520.443, revise paragraphs (a), (b), and (d)(3)(ii) to read as follows:
Chlortetracycline hydrochloride tablets and boluses.
(a)
Specifications.
Each tablet contains 25 milligrams (mg) chlortetracycline hydrochloride; each bolus contains 250 or 500 mg chlortetracycline hydrochloride.
(b)
Sponsors.
See sponsors in § 510.600(c) of this chapter for use as in paragraph (d) of this section.
(1) No. 069043 for use of a 250-mg bolus as in paragraph (d)(1) of this section.
(2) No. 016592 for use of a 25-mg tablet as in paragraph (d)(2) of this section.
(3) No. 016592 for use of a 500-mg bolus as in paragraph (d)(3) of this section.
* * * * *
(d) * * *
(3) * * *
(ii)
Limitations.
Do not use for more than 5 days. Do not administer within 24 hours of slaughter. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(3)
Limitations.
Do not administer within 7 days of slaughter. Milk that has been taken from animals during treatment and 60 hours (five milkings) after the latest treatment must not be used for food. A withdrawal period has not been established for this product in preruminating calves. Do not use in calves to be processed for veal. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
15. In § 520.2260a, revise paragraph (d)(1)(iii) to read as follows:
(iii)
Limitations.
Do not administer for more than 5 consecutive days. Do not treat cattle within 10 days of slaughter. Do not use in female dairy cattle 20 months of age or older. Use of sulfamethazine in this class of cattle may cause milk residues. A withdrawal period has not been established for this product in preruminating calves. Do not use in calves to be processed for veal. Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
* * * * *
16. In § 520.2640, add paragraph (b)(3) to read as follows:
(3) Nos. 000061, 017033, 043264, and 059399 for use of the product described in paragraph (a)(3) of this section as in paragraph (d)(3) of this section.
(i)
Amount.
Administer subcutaneously in the neck 1 mg of gentamicin per 0.2 mL dose, using the 50- or 100-mg/mL product diluted with sterile saline to a concentration of 5 mg/mL.
(ii)
Indications for use.
As an aid in the prevention of early mortality in 1- to 3-day old turkey poults due to
Arizona
( printed page 16548)
paracolon
infections susceptible to gentamicin.
(iii)
Limitations.
Injected poults must not be slaughtered for food for at least 9 weeks after treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(3) * * *
(i)
Amount.
Administer subcutaneously in the neck 0.2 mg of gentamicin per 0.2 mL dose, using the 50- or 100-mg/mL product diluted with sterile saline to a concentration of 1.0 mg/mL.
(ii)
Indications for use.
For prevention of early mortality in day-old chickens caused by
Escherichia coli, Salmonella typhimurium,
and
Pseudomonas aeruginosa
susceptible to gentamicin.
(iii)
Limitations.
Injected chicks must not be slaughtered for food for at least 5 weeks after treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(4) * * *
(i)
Amount.
Administer 5 mg of gentamicin as a single intramuscular dose using the 5 mg/mL solution.
(ii)
Indications for use.
For treatment of porcine colibacillosis in piglets up to 3 days old caused by strains of
Escherichia coli
sensitive to gentamicin.
(iii)
Limitations.
For single intramuscular dose in pigs up to 3 days of age only. Do not slaughter treated animals for food for at least 40 days following treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
* * * * *
21. In § 522.1260, revise paragraph (e)(2)(iii) to read as follows:
(iii)
Limitations.
Do not treat within 48 hours of slaughter. For No 054771: Federal law restricts this drug to use by or on the order of a licensed veterinarian.
22. In § 522.1660a, revise paragraph (b) and add a sentence to the end of paragraphs (e)(1)(ii) and (e)(2)(ii) to read as follows:
(i)
Amount.
Administer by intravenous injection 3 to 5 milligrams per pound of body weight daily. Administer 5 milligrams per pound for anaplasmosis, severe foot rot, and severe forms of other diseases. Treatment should be continued 24 to 48 hours following remission of disease symptoms, but not to exceed a total of 4 consecutive days.
* * * * *
(iii)
Limitations.
Not for use in lactating dairy cattle. Discontinue use at least 19 days prior to slaughter. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
25. In § 522.1696a, revise paragraph (d)(2)(iii) to read as follows:
Penicillin G benzathine and penicillin G procaine suspension.
* * * * *
(d) * * *
(2) * * *
(iii)
Limitations.
Not for use within 30 days of slaughter. For No. 016592: A withdrawal period has not been established for this product in pre-ruminating calves. Do not use in calves to be processed for veal. For No. 016592: Federal law restricts this drug to use by or on the order of a licensed veterinarian.
26. In § 522.1696b, revise paragraph (d)(2)(iii)(C) to read as follows:
(a)
Specifications.
Each milliliter of solution contains 250 milligrams (mg) of pentosan polysulfate sodium.
(b)
Sponsor.
See No. 086073 in § 510.600(c) of this chapter.
(c)
Conditions of use
—(1)
Amount.
Administer 3 mg per kilogram of body weight (1.4 mg per pound) by intramuscular injection once weekly for 4 weeks for a total of four doses.
(2)
Indications for use.
For the control of clinical signs associated with osteoarthritis in horses.
(3)
Limitations.
Federal law restricts this drug to use by or on the order of a licensed veterinarian.
28. In § 522.2470, revise paragraphs (b) introductory text and (b)(1) to read as follows:
(iii)
Limitations.
Animals intended for human consumption must not be slaughtered within 42 days of last treatment. Do not use in lactating dairy cattle 20 months of age or older. Use of tilmicosin in this class of cattle may cause milk residues. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(2) * * *
(iii)
Limitations.
Not for use in lactating ewes producing milk for human consumption. Animals intended for human consumption must not be slaughtered within 42 days of last treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
30. In 522.2630, revise paragraph (b)(1) to read as follows:
(1) Nos. 000061, 013744, 051311, 054771, 055529, 058198, 061133, and 068504 for use of product described in paragraph (a)(1) as in paragraphs (d)(1)(i), (d)(1)(ii), (d)(1)(iii)(A), and (d)(2) of this section.
31. In § 522.2640, in paragraph (b)(2), remove “000010” and add in its place “016592” and in paragraphs (e)(1)(iii) and (e)(2)(iii), in the last sentence of each paragraph, remove “For No. 058198:”.
PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS
32. The authority citation for part 524 continues to read as follows:
(2)
Indications for use.
For the control of pyrexia associated with bovine respiratory disease and acute bovine mastitis, and the control of pain associated with foot rot in beef cattle 2 months of age and older and dairy cattle.
(3)
Limitations.
Not for use in beef and dairy bulls intended for breeding over 1 year of age. Milk that has been taken during treatment and for 48 hours after treatment must not be used for human consumption. Cattle must not be slaughtered for human consumption within 8 days of treatment. Not for use in replacement dairy heifers 20 months of age or older or dry dairy cows; use in these cattle may cause drug residues in calves born to these cows or heifers. Not for use in beef calves less than 2 months of age, dairy calves, and veal calves. A withdrawal period has not been established for this product in pre-ruminating calves. Approved only as a single topical dose in cattle. Repeated treatments may result in violative residues in milk or in edible tissues. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(3)
Limitations.
For use in dry cows only. Not to be used within 30 days of calving. Milk from treated cows must not be used for food during the first 72 hours after calving. Animals infused with this product must not be slaughtered for food until 42 days after the latest infusion. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
40. In § 526.365, revise paragraph (d)(3) to read as follows:
(3)
Limitations.
Milk that has been taken from animals during treatment and for 96 hours after the last treatment must not be used for food. Treated animals must not be slaughtered for food until 4 days after the last treatment. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS
41. The authority citation for part 529 continues to read as follows:
(c)
Related conditions of use.
See §§ 520.1660a, 520.1660c, 520.1660d, 522.1660a, 522.1660b, 522.1662, 522.1664, 529.1660, 558.450, and 558.455 of this chapter.
PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
46. The authority citation for part 558 continues to read as follows:
Broiler chickens: For the prevention of coccidiosis caused by
Eimeria necatrix, E. tenella,E. acervulina, E. brunetti,E. mivati,
and
E. maxima,
and for increased rate of weight gain and improved feed efficiency
Feed continuously as the sole ration. Do not feed to laying hens. Do not allow adult turkeys, horses, or other equines access to formulations containing narasin. Ingestion of narasin by these species has been fatal. Withdraw 5 days before slaughter. Bacitracin methylenedisalicylate as provided by No. 054771 in § 510.600(c) of this chapter
058198
(iii) 27 to 45 of each drug
Bacitracin methylenedisalicylate, 4 to 50
Broiler chickens: For the prevention of coccidiosis caused by
Eimeria necatrix, E. tenella,E. acervulina, E. brunetti,E. mivati,
and
E. maxima,
and for increased rate of weight gain and improved feed efficiency
Feed as the sole ration throughout the feeding period. For broiler chickens only. Do not feed to laying hens. Do not allow adult turkeys, horses, or other equines access to formulations containing narasin. Ingestion of narasin by these species has been fatal. Bacitracin methylenedisalicylate as provided by No. 069254 in § 510.600(c) of this chapter
069254
(iv) 27 to 45 of each drug
Bacitracin methylenedisalicylate, 50
Broiler chickens: For the prevention of coccidiosis caused by
Eimeria tenella, E. necatrix, E. acervulina, E. maxima, E. brunetti,
and
E. mivati,
and as an aid in the prevention of necrotic enteritis caused or complicated by
Clostridium
spp. or other organisms susceptible to bacitracin
Feed continuously as the sole ration. Do not feed to laying hens. Do not allow adult turkeys, horses, or other equines access to formulations containing narasin. Ingestion of narasin by these species has been fatal. Withdraw 5 days before slaughter. Bacitracin methylenedisalicylate as provided by No. 054771 in § 510.600(c) of this chapter
054771
(v) 27 to 45 of each drug
Bacitracin methylenedisalicylate, 50
Broiler chickens: For the prevention of coccidiosis caused by
Eimeria necatrix, E. tenella, E. acervulina, E. brunetti, E. mivati,
and
E. maxima,
and for the prevention of mortality caused by necrotic enteritis associated with
Clostridium perfringens
Feed as the sole ration for 28 to 35 days, starting from the time chicks are placed for brooding. For broiler chickens only. Do not feed to laying hens. Do not allow adult turkeys, horses, or other equines access to formulations containing narasin. Ingestion of narasin by these species has been fatal. Bacitracin methylenedisalicylate as provided by No. 069254 in § 510.600(c) of this chapter