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21 U.S.C. § 360ccc — Conditional approval of new animal drugs for minor use and minor species and certain new animal drugs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application requirements**
(1)
(A) Except as provided in paragraph (3), any person may file with the Secretary an application for conditional approval of—
(i) a new animal drug intended for a minor use or a minor species; or
(ii) a new animal drug not intended for a minor use or minor species—
(I) that is intended to treat a serious or life-threatening disease or condition or addresses an unmet animal or human health need; and
(II) for which the Secretary determines that a demonstration of effectiveness would require a complex or particularly difficult study or studies.
(B) The Secretary shall, not later than September 30, 2019, issue guidance or regulations further clarifying the criteria specified in subparagraph (A)(ii).
(C) An application under this paragraph shall comply in all respects with the provisions of [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim) except for subsections (a)(4), (b)(2), (c)(1), (c)(2), (c)(3), (d)(1), (e), (h), and (n) of such section unless otherwise stated in this section, and any additional provisions of this section.
(D) New animal drugs for which conditional approval is sought under this section are subject to the same safety standards that would be applied to new animal drugs under [section 360b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d&num=0&edition=prelim) (including, for antimicrobial new animal drugs, with respect to antimicrobial resistance).
(2) The applicant shall submit to the Secretary as part of an application for the conditional approval of a new animal drug—
(A) all information necessary to meet the requirements of [section 360b(b)(1) o
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Source file: Laws/federal/codes/united-states-code/title-21/section-360ccc-conditional-approval-of-new-animal-drugs-for-minor-use-and-minor-species--94e9a9a41b.md
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Source location: Title 21, Chapter 9, § 360ccc; chapter-009-federal-food-drug-and-cosmetic-act.md
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**(a) Application requirements**
(1)
(A) Except as provided in paragraph (3), any person may file with the Secretary an application for conditional approval of—
(i) a new animal drug intended for a minor use or a minor species; or
(ii) a new animal drug not intended for a minor use or minor species—
(I) that is intended to treat a serious or life-threatening disease or condition or addresses an unmet animal or human health need; and
(II) for which the Secretary determines that a demonstration of effectiveness would require a complex or particularly difficult study or studies.
(B) The Secretary shall, not later than September 30, 2019, issue guidance or regulations further clarifying the criteria specified in subparagraph (A)(ii).
(C) An application under this paragraph shall comply in all respects with the provisions of [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim) except for subsections (a)(4), (b)(2), (c)(1), (c)(2), (c)(3), (d)(1), (e), (h), and (n) of such section unless otherwise stated in this section, and any additional provisions of this section.
(D) New animal drugs for which conditional approval is sought under this section are subject to the same safety standards that would be applied to new animal drugs under [section 360b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d&num=0&edition=prelim) (including, for antimicrobial new animal drugs, with respect to antimicrobial resistance).
(2) The applicant shall submit to the Secretary as part of an application for the conditional approval of a new animal drug—
(A) all information necessary to meet the requirements of [section 360b(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/b/1&num=0&edition=prelim) except [section 360b(b)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/b/1/A&num=0&edition=prelim);
(B) full reports of investigations which have been made to show whether or not such drug is safe under [section 360b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d&num=0&edition=prelim) (including, for an antimicrobial new animal drug, with respect to antimicrobial resistance) and there is a reasonable expectation of effectiveness for use;
(C) data for establishing a conditional dose;
(D) projections of expected need and the justification for that expectation based on the best information available;
(E) information regarding the quantity of drug expected to be distributed on an annual basis to meet the expected need; and
(F) a commitment that the applicant will conduct additional investigations to meet the requirements for the full demonstration of effectiveness under [section 360b(d)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d/1/E&num=0&edition=prelim) within 5 years.
(3)
(A) A person may not file an application under paragraph (1) if—
(i) the application seeks conditional approval of a new animal drug that is contained in, or is a product of, a transgenic animal.11 So in original. The period probably should be a semicolon.
(ii) the person has previously filed an application for conditional approval under paragraph (1) for the same drug in the same dosage form for the same intended use whether or not subsequently conditionally approved by the Secretary under subsection (b); or
(iii) the person obtained the application, or data or other information contained therein, directly or indirectly from the person who filed for conditional approval under paragraph (1) for the same drug in the same dosage form for the same intended use whether or not subsequently conditionally approved by the Secretary under subsection (b).
(B) A person may not file an application under paragraph (1)(A)(ii) if the application seeks conditional approval of a new animal drug that contains an antimicrobial active ingredient.
(4) Beginning on October 1, 2018, all applications or submissions pursuant to this subsection shall be submitted by electronic means in such format as the Secretary may require.
**(b) Order of approval or hearing** Within 180 days after the filing of an application pursuant to subsection (a), or such additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either—
(1) issue an order, effective for one year, conditionally approving the application if the Secretary finds that none of the grounds for denying conditional approval, specified in subsection (c) of this section applies and publish a Federal Register notice of the conditional approval, or
(2) give the applicant notice of an opportunity for an informal hearing on the question whether such application can be conditionally approved.
**(c) Order of approval or refusal after hearing** If the Secretary finds, after giving the applicant notice and an opportunity for an informal hearing, that—
(1) any of the provisions of section 360b(d)(1)(A) through (D) or (F) through (I) of this title are applicable;
(2) the information submitted to the Secretary as part of the application and any other information before the Secretary with respect to such drug, is insufficient to show that there is a reasonable expectation that the drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the proposed labeling thereof; or
(3) another person has received approval under [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim) for the same drug in the same dosage form for the same intended use, and that person is able to assure the availability of sufficient quantities of the drug to meet the needs for which the drug is intended;
the Secretary shall issue an order refusing to conditionally approve the application. If, after such notice and opportunity for an informal hearing, the Secretary finds that paragraphs (1) through (3) do not apply, the Secretary shall issue an order conditionally approving the application effective for one year and publish a Federal Register notice of the conditional approval. Any order issued under this subsection refusing to conditionally approve an application shall state the findings upon which it is based.
**(d) Effective period; renewal; refusal of renewal** A conditional approval under this section is effective for a 1-year period and is thereafter renewable by the Secretary annually for up to 4 additional 1-year terms. A conditional approval shall be in effect for no more than 5 years from the date of approval under subsection (b)(1) or (c) of this section unless extended as provided for in subsection (h) of this section. The following shall also apply:
(1) No later than 90 days from the end of the 1-year period for which the original or renewed conditional approval is effective, the applicant may submit a request to renew a conditional approval for an additional 1-year term.
(2) A conditional approval shall be deemed renewed at the end of the 1-year period, or at the end of a 90-day extension that the Secretary may, at the Secretary’s discretion, grant by letter in order to complete review of the renewal request, unless the Secretary determines before the expiration of the 1-year period or the 90-day extension that—
(A) the applicant failed to submit a timely renewal request;
(B) the request fails to contain sufficient information to show that—
(i) the applicant is making sufficient progress toward meeting approval requirements under [section 360b(d)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d/1/E&num=0&edition=prelim), and is likely to be able to fulfill those requirements and obtain an approval under [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim) before the expiration of the 5-year maximum term of the conditional approval;
(ii) the quantity of the drug that has been distributed is consistent with the conditionally approved intended use and conditions of use, unless there is adequate explanation that ensures that the drug is only used for its intended purpose; or
(iii) the same drug in the same dosage form for the same intended use has not received approval under [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim), or if such a drug has been approved, that the holder of the approved application is unable to assure the availability of sufficient quantities of the drug to meet the needs for which the drug is intended; or
(C) any of the provisions of section 360b(e)(1)(A) through (B) or (D) through (F) of this title are applicable.
(3) If the Secretary determines before the end of the 1-year period or the 90-day extension, if granted, that a conditional approval should not be renewed, the Secretary shall issue an order refusing to renew the conditional approval, and such conditional approval shall be deemed withdrawn and no longer in effect. The Secretary shall thereafter provide an opportunity for an informal hearing to the applicant on the issue whether the conditional approval shall be reinstated.
(4)
(A) In the case of an application under subsection (a) with respect to a drug for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act [[21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.], conditional approval of such application shall not take effect until the interim final rule controlling the drug is issued in accordance with section 201(j) of the Controlled Substances Act [[21 U.S.C. 811(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811/j&num=0&edition=prelim)].
(B) For purposes of this section, with respect to an application described in subparagraph (A), the term “date of approval” shall mean the later of—
(i) the date an application under subsection (a) is conditionally approved under subsection (b); or
(ii) the date of issuance of the interim final rule controlling the drug.
**(e) Withdrawal of conditional approval**
(1) The Secretary shall issue an order withdrawing conditional approval of an application filed pursuant to subsection (a) if the Secretary finds that another person has received approval under [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim) for the same drug in the same dosage form for the same intended use and that person is able to assure the availability of sufficient quantities of the drug to meet the needs for which the drug is intended.
(2) The Secretary shall, after due notice and opportunity for an informal hearing to the applicant, issue an order withdrawing conditional approval of an application filed pursuant to subsection (a) if the Secretary finds that—
(A) any of the provisions of section 360b(e)(1)(A) through (B) or (D) through (F) of this title are applicable; or
(B) on the basis of new information before the Secretary with respect to such drug, evaluated together with the evidence available to the Secretary when the application was conditionally approved, that there is not a reasonable expectation that such drug will have the effect it purports or is represented to have under the conditions of use prescribed, recommended, or suggested in the labeling thereof.
(3) The Secretary may also, after due notice and opportunity for an informal hearing to the applicant, issue an order withdrawing conditional approval of an application filed pursuant to subsection (a) if the Secretary finds that any of the provisions of [section 360b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/e/2&num=0&edition=prelim) are applicable.
**(f) Labeling**
(1) The label and labeling of a new animal drug with a conditional approval under this section shall for the conditionally approved use—
(A) bear the statement, “conditionally approved by FDA pending a full demonstration of effectiveness under application number”; and
(B) contain such other information as prescribed by the Secretary.
(2) The Secretary shall, through regulation or guidance, determine under what conditions an intended use that is the subject of a conditional approval under this section may be included in the same product label with any intended use approved under [section 360b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b&num=0&edition=prelim).
**(g) Amendment of application** A conditionally approved new animal drug application may not be amended or supplemented to add indications for use.
**(h) Order of approval after conditional approval period termination** 180 days prior to the termination date established under subsection (d) of this section, an applicant shall have submitted all the information necessary to support a complete new animal drug application in accordance with [section 360b(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/b/1&num=0&edition=prelim) or the conditional approval issued under this section is no longer in effect. Following review of this information, the Secretary shall either—
(1) issue an order approving the application under [section 360b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/c&num=0&edition=prelim) if the Secretary finds that none of the grounds for denying approval specified in [section 360b(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d/1&num=0&edition=prelim) applies, or
(2) give the applicant an opportunity for a hearing before the Secretary under [section 360b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/d&num=0&edition=prelim) on the question whether such application can be approved.
Upon issuance of an order approving the application, product labeling and administrative records of approval shall be modified accordingly. If the Secretary has not issued an order under [section 360b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/c&num=0&edition=prelim) approving such application prior to the termination date established under subsection (d) of this section, the conditional approval issued under this section is no longer in effect unless the Secretary grants an extension of an additional 180-day period so that the Secretary can complete review of the application. The decision to grant an extension is committed to the discretion of the Secretary and not subject to judicial review.
**(i) Judicial review** The decision of the Secretary under subsection (c), (d), or (e) of this section refusing or withdrawing conditional approval of an application shall constitute final agency action subject to judicial review.
**(j) Definition** In this section and [section 360ccc–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc-1&num=0&edition=prelim), the term “transgenic animal” means an animal whose genome contains a nucleotide sequence that has been intentionally modified in vitro, and the progeny of such an animal; Provided that the term “transgenic animal” does not include an animal of which the nucleotide sequence of the genome has been modified solely by selective breeding.
**(k) Sunset**
(1) The Secretary’s authority to grant conditional approval of new animal drugs not intended for a minor use or minor species pursuant to subsection (a)(1)(A)(ii) terminates on October 1, 2028.
(2) The Secretary—
(A) may not accept any new applications for such conditional approval pursuant to subsection (a)(1)(A)(ii) on or after such date; and
(B) may continue all activities under this section with respect to drugs that were conditionally approved pursuant to 22 So in original. The word “subsection” probably should appear. (a)(1)(A)(ii) prior to such date.
(3) The Secretary may, until October 1, 2032, accept applications for approval under 33 So in original. The word “section” probably should appear. 360b of this title of drugs conditionally approved pursuant to 2 (a)(1)(A)(ii).
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unsafe new animal drugs and animal feed containing such drugs; conditions of safety; exemption of drugs for research; import tolerances**
(1) A new animal drug shall, with respect to any particular use or intended use of such drug, be deemed unsafe for purposes of [section 351(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section351/a/5&num=0&edition=prelim) and [section 342(a)(2)(C)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section342/a/2/C/ii&num=0&edition=prelim) unless—
(A) there is in effect an approval of an application filed pursuant to subsection (b) with respect to such use or intended use of such drug, and such drug, its labeling, and such use conform to such approved application;
(B) there is in effect a conditional approval of an application filed pursuant to [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim) with respect to such use or intended use of such drug, and such drug, its labeling, and such use conform to such conditionally approved application;
(C) there is in effect an index listing pursuant to [section 360ccc–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc-1&num=0&edition=prelim) with respect to such use or intended use of such drug in a minor species, and such drug, its labeling, and such use conform to such index listing; or
(D) there is in effect an authorization pursuant to [section 360bbb–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb-3&num=0&edition=prelim) with respect to such use or intended use of such drug, and such drug, its labeling, and su
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360b
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Federal law — U.S. Code and appendices · legal_authorities
A drug or device shall be deemed to be misbranded—
**(a) False or misleading label**
(1) If its labeling is false or misleading in any particular. Health care economic information provided to a payor, formulary committee, or other similar entity with knowledge and expertise in the area of health care economic analysis, carrying out its responsibilities for the selection of drugs or devices for coverage or reimbursement, shall not be considered to be false or misleading under this paragraph if the health care economic information relates to an indication approved under section 355, 360(k), 360c(f)(2), or 360e of this title or [section 262 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim) for such drug or device, is based on competent and reliable scientific evidence, and includes, where applicable, a conspicuous and prominent statement describing any material differences between the health care economic information and the labeling approved for the drug or device under section 355, 360(k), 360c(f)(2), or 360e of this title or [section 262 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim). The requirements set forth in section 355, 360(k), 360c(f)(2), or 360e of this title or [section 262 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim) shall not apply to health care economic information provided to such a payor, committee, or entity in accordance with this paragraph. Information that is relevant to the substantiation of the health care economic information presented pursuant to this paragraph shall be made available to the Secretary upon request.
(2)
(A) For purposes of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations for goods to be processed, labeled, or repacked elsewhere** The Secretary is directed to promulgate regulations exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such drugs and devices are not adulterated or misbranded under the provisions of this chapter upon removal from such processing, labeling, or repacking establishment.
**(b) Prescription by physician; exemption from labeling and prescription requirements; misbranded drugs; compliance with narcotic and marihuana laws**
(1) A drug intended for use by man which—
(A) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or
(B) is limited by an approved application under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355&num=0&edition=prelim) to use under the professional supervision of a practitioner licensed by law to administer such drug;
shall be dispensed only (i) upon a written prescription of a practitioner licensed by law to administer such drug, or (ii) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, or (iii) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 353
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lawful veterinary feed directive requirement**
(1) A drug intended for use in or on animal feed which is limited by an approved application filed pursuant to [section 360b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/b&num=0&edition=prelim), a conditionally-approved application filed pursuant to [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), or an index listing pursuant to [section 360ccc–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc-1&num=0&edition=prelim) to use under the professional supervision of a licensed veterinarian is a veterinary feed directive drug. Any animal feed bearing or containing a veterinary feed directive drug shall be fed to animals only by or upon a lawful veterinary feed directive issued by a licensed veterinarian in the course of the veterinarian’s professional practice. When labeled, distributed, held, and used in accordance with this section, a veterinary feed directive drug and any animal feed bearing or containing a veterinary feed directive drug shall be exempt from [section 352(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section352/f&num=0&edition=prelim).
(2) A veterinary feed directive is lawful if it—
(A) contains such information as the Secretary may by general regulation or by order require; and
(B) is in compliance with the conditions and indications for use of the drug set forth in the notice published pursuant to [section 360b(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/i&num=0&edition=prelim), or the index listing pursuant to
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 354
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall, at the request of the sponsor intending to submit an application for approval of a new animal drug under [section 360b(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/b/1&num=0&edition=prelim) or an application for conditional approval of a new animal drug under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), expedite the development and review of such new animal drug if preliminary clinical evidence indicates that the new animal drug, alone or in combination with 1 or more other animal drugs, has the potential to prevent or treat a zoonotic disease in animals, including a vector borne-disease, that has the potential to cause serious adverse health consequences for, or serious or life-threatening diseases in, humans.
**(b) Request for designation** The sponsor of a new animal drug may request the Secretary to designate a new animal drug described in subsection (a) as a priority zoonotic animal drug. A request for the designation may be made concurrently with, or at any time after, the opening of an investigational new animal drug file under [section 360b(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360b/j&num=0&edition=prelim) or the filing of an application under section 360b(b)(1) or 360ccc of this title.
**(c) Designation**
(1) **In general** — Not later than 60 calendar days after the receipt of a request under subsection (b), the Secretary shall determine whether the new animal drug that is the subject of the request meets the criteria described in subsection (a). If the Secretary determines that the new animal drug meets the criteria
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360b–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Emergency uses** — Notwithstanding any provision of this chapter and section 351 of the Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)], and subject to the provisions of this section, the Secretary may authorize the introduction into interstate commerce, during the effective period of a declaration under subsection (b), of a drug, device, or biological product intended for use in an actual or potential emergency (referred to in this section as an “emergency use”).
(2) **Approval status of product** — An authorization under paragraph (1) may authorize an emergency use of a product that—
(A) is not approved, licensed, or cleared for commercial distribution under section 355, 360(k), 360b, or 360e of this title or section 351 of the Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)] or conditionally approved under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim) (referred to in this section as an “unapproved product”); or
(B) is approved, conditionally approved under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), licensed, or cleared under such a provision, but which use is not under such provision an approved, conditionally approved under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), licensed, or cleared use of the product (referred to in this section as an “unapproved use of an approved
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360bbb–3
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible product** — The term “eligible product” means a product that—
(A) is approved or cleared under this subchapter, conditionally approved under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), or licensed under section 351 of the Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)];
(B)
(i) is intended for use to prevent, diagnose, or treat a disease or condition involving a biological, chemical, radiological, or nuclear agent or agents; or
(ii) is intended for use to prevent, diagnose, or treat a serious or life-threatening disease or condition caused by a product described in clause (i); and
(C) is intended for use during the circumstances under which—
(i) a determination described in subparagraph (A), (B), or (C) of [section 360bbb–3(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb–3/b/1&num=0&edition=prelim) has been made by the Secretary of Homeland Security, the Secretary of Defense, or the Secretary, respectively; or
(ii) the identification of a material threat described in subparagraph (D) of [section 360bbb–3(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb–3/b/1&num=0&edition=prelim) has been made pursuant to section 319F–2 of the Public Health Service Act [[42 U.S.C. 247d–6b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6b&num=0&edition=prelim)].
(2) **Product** — The term “product” means a drug, device, or biological product.
**(b) Expiration dating**
(1) *
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360bbb–3a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
It is not a violation of any section of this chapter or of the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.] for a government entity (including a Federal, State, local, or tribal government entity), or a person acting on behalf of such a government entity, to introduce into interstate commerce a product (as defined in [section 360bbb–3(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb–3/a/4&num=0&edition=prelim)) intended for emergency use, if that product—
(1) is intended to be held and not used; and
(2) is held and not used, unless and until that product—
(A) is approved, cleared, or licensed under section 355, 360(k), 360b, or 360e of this title or section 351 of the Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)] or conditionally approved under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim);
(B) is authorized for investigational use under section 355, 360b, or 360j of this title or section 351 of the Public Health Service Act [[42 U.S.C. 262](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim)]; or
(C) is authorized for use under [section 360bbb–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb-3&num=0&edition=prelim) or [section 360bbb–3a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360bbb-3a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360bbb–3b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of reference**
(1) **In general** — A person may submit data and information in a master file to the Secretary with the intent to reference, or to authorize, in writing, another person to reference, such data or information to support a medical countermeasure submission (including a supplement or amendment to any such submission), without requiring the master file holder to disclose the data and information to any such persons authorized to reference the master file. Such data and information shall be available for reference by the master file holder or by a person authorized by the master file holder, in accordance with applicable privacy and confidentiality protocols and regulations.
(2) **Reference of certain master files** — In the case that data or information within a medical countermeasure master file is used only to support the conditional approval of an application filed under [section 360ccc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360ccc&num=0&edition=prelim), such master file may be relied upon to support the effectiveness of a product that is the subject of a subsequent medical countermeasure submission only if such application is supplemented by additional data or information to support review and approval in a manner consistent with the standards applicable to such review and approval for such countermeasure, qualified countermeasure, or qualified pandemic or epidemic product.
**(b) Medical countermeasure master file content**
(1) **In general** — A master file under this section may include data or information to support—
(A) the development of medical countermeasure submissions to support the approval, licensure, classification, clearance, conditional approval, or authorization
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360bbb–4b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.