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21 U.S.C. § 379j–11Definitions

submitted 88 years ago by Pub. L. 108-130 to r/title-21-FOOD-AND-DRUGS · 943 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines terms used for animal drug user fees, like "application" and "establishment." It explains what counts as reviewing an animal drug application and which costs that covers.

This section defines terms used throughout this part of the law. (1) "Animal drug application" means (A) an application to approve a new animal drug, or a request for conditional approval of a new animal drug. (B) It does NOT include an application to approve a generic version of an already-approved drug, or a supplemental application. (2) "Supplemental animal drug application" means either (A) a request to change an already-approved animal drug application, or (B) a request to change an application approved under a related provision, where safety or effectiveness data are required for the change. (3) "Animal drug product" means one specific strength of one active ingredient, in its final form, made by one manufacturer or distributor — identified by its National Drug Code labeler and product codes — for which an animal drug application or supplement has been approved. (4) "Animal drug establishment" means a U.S. or foreign place of business at a single location (one or more buildings, all within 5 miles of each other) where animal drug products are made in their final form. (5) "Investigational animal drug submission" means either (A) filing a claim for an investigational exemption for a new animal drug meant to become an application or supplement, or (B) submitting information to help the FDA judge the drug's safety or effectiveness before such an application is filed. (6) "Animal drug sponsor" means either the named applicant on an active (not withdrawn) animal drug application, or someone with an active investigational submission that the FDA hasn't ended or made inactive. (7) "Final dosage form" means a finished form of an animal drug product that's ready to give to an animal without more manufacturing. This includes drugs meant to be mixed into animal feed. (8) "Process for the review of animal drug applications" covers these FDA activities: (A) reviewing applications, supplements, and investigational submissions; (B) issuing approval letters, or letters listing specific deficiencies and, where appropriate, what's needed to fix them; (C) inspecting drug-making facilities and other sites as part of reviewing pending applications; (D) monitoring related research; (E) writing regulations and policy about the review process; (F) setting standards for the products under review; (G) meeting with drug sponsors; (H) reviewing advertising and labeling before — but not after — an application is approved; and (I) carrying out the U.S.–EU and U.S.–UK mutual recognition agreements on drug manufacturing inspections, and similar agreements, for products under review, including work done both before and after approval. (9) "Costs of resources allocated for the process for the review of animal drug applications" means the FDA's expenses for: (A) staff, contractors, and advisory committees working on the review, including their travel, training, and hiring costs; (B) managing information and computer systems; (C) leasing, maintaining, and repairing facilities, equipment, and supplies; and (D) collecting fees and accounting for the resources used in the review process. (10) "Adjustment factor" for a fiscal year means the inflation formula set out elsewhere in this title, measured against October 2002 as the starting point. (11) "Person" includes any affiliate of that person. (12) "Affiliate" has the meaning given elsewhere in this title.
the actual law source: uscode.house.gov ↗public domain

For purposes of this subpart:

(1)
(A)

The term “animal drug application” means—

(i)

an application for approval of any new animal drug submitted under section 360b(b)(1) of this title; or

(ii)

an application for conditional approval of a new animal drug submitted under section 360ccc of this title.

(B)

Such term does not include either a new animal drug application submitted under section 360b(b)(2) of this title or a supplemental animal drug application.

(2)

The term “supplemental animal drug application” means—

(A)

a request to the Secretary to approve a change in an animal drug application which has been approved; or

(B)

a request to the Secretary to approve a change to an application approved under section 360b(c)(2) of this title for which data with respect to safety or effectiveness are required.

(3)

The term “animal drug product” means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the National Drug Code, and for which an animal drug application or a supplemental animal drug application has been approved.

(4)

The term “animal drug establishment” means a foreign or domestic place of business which is at one general physical location consisting of one or more buildings all of which are within 5 miles of each other, at which one or more animal drug products are manufactured in final dosage form.

(5)

The term “investigational animal drug submission” means—

(A)

the filing of a claim for an investigational exemption under section 360b(j) of this title for a new animal drug intended to be the subject of an animal drug application or a supplemental animal drug application; or

(B)

the submission of information for the purpose of enabling the Secretary to evaluate the safety or effectiveness of an animal drug application or supplemental animal drug application in the event of their filing.

(6)

The term “animal drug sponsor” means either an applicant named in an animal drug application that has not been withdrawn by the applicant and for which approval has not been withdrawn by the Secretary, or a person who has submitted an investigational animal drug submission that has not been terminated or otherwise rendered inactive by the Secretary.

(7)

The term “final dosage form” means, with respect to an animal drug product, a finished dosage form which is approved for administration to an animal without substantial further manufacturing. Such term includes animal drug products intended for mixing in animal feeds.

(8)

The term “process for the review of animal drug applications” means the following activities of the Secretary with respect to the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions:

(A)

The activities necessary for the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions.

(B)

The issuance of action letters which approve animal drug applications or supplemental animal drug applications or which set forth in detail the specific deficiencies in animal drug applications, supplemental animal drug applications, or investigational animal drug submissions and, where appropriate, the actions necessary to place such applications, supplements or submissions in condition for approval.

(C)

The inspection of animal drug establishments and other facilities undertaken as part of the Secretary’s review of pending animal drug applications, supplemental animal drug applications, and investigational animal drug submissions.

(D)

Monitoring of research conducted in connection with the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions.

(E)

The development of regulations and policy related to the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions.

(F)

Development of standards for products subject to review.

(G)

Meetings between the agency and the animal drug sponsor.

(H)

Review of advertising and labeling prior to approval of an animal drug application or supplemental animal drug application, but not after such application has been approved.

(I)

The activities necessary for implementation of the United States and European Union Mutual Recognition Agreement for Pharmaceutical Good Manufacturing Practice Inspections, and the United States and United Kingdom Mutual Recognition Agreement Sectoral Annex for Pharmaceutical Good Manufacturing Practices, and other mutual recognition agreements, with respect to animal drug products subject to review, including implementation activities prior to and following product approval.

(9)

The term “costs of resources allocated for the process for the review of animal drug applications” means the expenses in connection with the process for the review of animal drug applications for—

(A)

officers and employees of the Food and Drug Administration, contractors of the Food and Drug Administration, advisory committees consulted with respect to the review of specific animal drug applications, supplemental animal drug applications, or investigational animal drug submissions, and costs related to such officers, employees, committees, and contractors, including costs for travel, education, and recruitment and other personnel activities;

(B)

management of information and the acquisition, maintenance, and repair of computer resources;

(C)

leasing, maintenance, renovation, and repair of facilities and acquisition, maintenance, and repair of fixtures, furniture, scientific equipment, and other necessary materials and supplies; and

(D)

collecting fees under section 379j–12 of this title and accounting for resources allocated for the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions.

(10)

The term “adjustment factor” applicable to a fiscal year refers to the formula set forth in section 379g(8) of this title with the base or comparator month being October 2002.

(11)

The term “person” includes an affiliate thereof.

(12)

The term “affiliate” refers to the definition set forth in section 379g(11) of this title.

Source credit: (June 25, 1938, ch. 675, § 739, as added Pub. L. 108–130, § 3, Nov. 18, 2003, 117 Stat. 1361; amended Pub. L. 110–85, title I, § 109, Sept. 27, 2007, 121 Stat. 842; Pub. L. 110–316, title I, § 102, Aug. 14, 2008, 122 Stat. 3510; Pub. L. 113–14, title I, § 102, June 13, 2013, 127 Stat. 452; Pub. L. 115–234, title I, § 102, Aug. 14, 2018, 132 Stat. 2428; Pub. L. 118–15, div. B, title III, § 2302, Sept. 30, 2023, 137 Stat. 86.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 108-130 · 117 Stat. 1361
  • 2007Amended · Pub. L. 110-85 · 121 Stat. 842
  • 2008Amended · Pub. L. 110-316 · 122 Stat. 3510
  • 2013Amended · Pub. L. 113-14 · 127 Stat. 452
  • 2018Amended · Pub. L. 115-234 · 132 Stat. 2428
  • 2023Amended · Pub. L. 118-15 · 137 Stat. 86

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-130 on 1938-06-25.

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