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FEED MILL LICENSING NOW A REALITY
by Dr. W. D. Price, Dr. Malcolm Thomas, and James Tessmer
Medicated Feed Applications (MFA's), or 1900's are now a thing of the past.
On October 9, 1996, the President signed the Animal Drug Availability Act of
1996 (ADAA), which amends Section 512(m) of the Federal Food, Drug, and Cosmetic
Act (the Act) to require a single facility license rather than multiple MFA's
for each feed mill as previously required. FDA intends to revise its regulations
to clarify that a license will be required for the manufacture of feeds using
Category II, Type A medicated articles, the manufacture of free choice feeds,
and the manufacture of liquid Type B feeds where the formula or specifications
are not published in the 21 CFR 558 regulations.
Following are some frequently asked questions concerning licensing:
What are the advantages of Feed Mill Licensing?
This amendment streamlines the paper work process for the approval to manufacture
medicated feeds. Now any feed manufacturing facility which currently holds one
or more approved MFA's automatically holds a transitional license. The transitional
license is valid up to 18 months, and will terminate unless converted by CVM
to a license upon receipt (within the 18-month period) of a license application
accompanied by a copy of an approved MFA.
If I have an approved MFA, how do I submit a license application?
License applications will be accepted in letter form, and should include the
following:
-
full statement of the business name, address, and FDA registration central
file number (CFN) of the specific manufacturing site;
-
the name and signature of the responsible individuals for that facility;
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the certification statement that the animal feeds bearing or containing
new animal drugs are manufactured and labeled in accordance with the applicable
regulations published pursuant to 512 (i) of the Act; and
-
the certification statement that the methods used in, and the facilities
and controls used for, manufacturing, processing, packaging, and holding
such animal feeds are in conformity with good manufacturing practice as
described in 21 CFR 225.
If I do not have an approved MFA, how do I submit a license application?
Register with FDA and submit a license application as outlined above.
What happens when a feed mill license application is filed?
It is checked for completeness. If it is incomplete, it will be returned to
the applicant. If it is complete, CVM will request a feed mill inspection of
the facility by FDA Field unless the mill is covered under the transitional
provisions of the October 9, 1996 act, in which case a license will issue. Upon
completion of the inspection, a license will issue if the facility is found
to be in substantial compliance with CGMP requirements. If the result of the
inspection is classified Official Action Indicated (OAI), the license will not
be approved unless FDA and the applicant agree on an extended review time (beyond
90 days) so that the applicant has time to correct the deficiencies and FDA
has reinspected.
What is required prior to shipment of a Type A Medicated Article for use
in medicated feeds?
Prior to shipment of a new animal drug intended for use in the manufacture of
medicated animal feed, the seller must have a written statement from the buyer
that the buyer has a feed mill license and possesses current approved Type B
and/or C feed labeling for the drug, unless FDA has exempted by regulation manufacturers
of animal feed bearing or containing such drug from the requirement to hold
a license. In the event that the buyer is not the feed manufacturer, the buyer
must provide the seller with a statement that the drug will be sold only to
feed mill license holders. The source of the labeling is the approved labeling
in the new animal drug application (NADA), and is available from the Type A
article manufacturer or the distributor.
How does licensing affect the records and assay requirements?
Licensees are required to establish and maintain all records and make such reports
as required by regulation or order issued under 512 (m)(5)(A) of the Act and
as now published in 21 CFR 510.301. They are also required by good manufacturing
practice regulations to establish and maintain a program of sampling and analysis
of at least three representative samples of the medicated feed collected at
periodic intervals during the calendar year. The program must provide for sampling
and assay of the first batch manufactured. If a medicated feed contains a combination
of animal drugs, only one of the drugs need be subject to analysis each time,
provided the one tested is different from the one(s) previously tested. Reports
of assays shall be kept on the premises for not less than 1 year after the date
of manufacture of the medicated feed.
Do licensees still have to register and be inspected?
Licensees are required to register every year with the FDA. Licensees will be
subject to biennial inspections, the same as MFA holders, and if regulatory
action is indicated, will be subject to the same regulatory procedures as MFA
holders were.
Where do feed mills get approved Type B and C medicated feed labels?
Type A medicated article manufacturers are required to have Type B and C Blue
Bird labeling (model labeling) approved as part of the New Animal Drug Application
(NADA) approval procedure. The seller, Type A medicated article manufacturers
or the distributor, is required to furnish Type B and/or C medicated feed labels
to the feed mill prior to shipment of the Type A medicated article.
How will licensing affect the Veterinary Feed Directive?
CVM is working on regulations to implement the Veterinary Feed Directive drug
provisions of the ADAA. In accordance with Congress' directive, FDA will not
delay any approvals of veterinary feed directive drugs pending the publication
of implementing regulations.
CVM is available to answer questions during the transition to a feed mill licensing
system. For additional information, please contact the Division of Animal Feeds,
Office of Surveillance and Compliance, Center for Veterinary Medicine, 7500
Standish Place, Rockville, MD 20855, telephone 301-594-1724.
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Source: January/February 1997 FDA Veterinarian Newsletter
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