Viruses, Serums, Toxins, and Analogous Products; Expiration Date Required for Serial and Subserials and Determination of Expiration Date of Product, 11139-11143 [2018-05143]
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Rules and Regulations
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the 1996 Act.
List of Subjects in 7 CFR Part 1212
Administrative practice and
procedure, Advertising, Consumer
information, Honey Packer and Importer
promotion, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 1212 is amended
as follows:
PART 1212—HONEY PACKERS AND
IMPORTERS RESEARCH,
PROMOTION, CONSUMER
EDUCATION AND INDUSTRY
INFORMATION ORDER
any assessments not received within 30
calendar days of the date when
assessments are due. This one-time late
payment charge will be 10 percent of
the assessments due before interest
charges have accrued.
(b) In addition to the late payment
charge, 2⁄3 of 1 percent per month (or an
annual rate of 8 percent) interest on the
outstanding balance, including any late
payment and accrued interest, will be
added to any accounts for which
payment has not been received within
30 calendar days of the date when
assessments are due. Interest will
continue to accrue monthly until the
outstanding balance is paid to the
Board.
Dated: March 8, 2018.
Bruce Summers,
Acting Administrator.
[FR Doc. 2018–05063 Filed 3–13–18; 8:45 am]
■
1. The authority citation for 7 CFR
part 1212 continues to read as follows:
BILLING CODE 3410–02–P
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401.
DEPARTMENT OF AGRICULTURE
2. Section 1212.40 is revised to read
as follows:
■
§ 1212.40
Animal and Plant Health Inspection
Service
Establishment and membership.
The Honey Packers and Importers
Board is established to administer the
terms and provisions of this part. The
Board shall have ten members,
composed of three first handler
representatives, two importer
representatives, one importer-handler
representative, three producer
representatives, and one marketing
cooperative representative. The
importer-handler representative must
import at least 75 percent of the honey
or honey products they market in the
United States and handle at least
250,000 pounds annually. In addition,
the producer representatives must
produce a minimum of 50,000 pounds
of honey in the United States annually
based on the best three-year average of
the most recent five calendar years, as
certified by producers. The Secretary
will appoint members to the Board from
nominees submitted in accordance with
§ 1212.42. The Secretary shall also
appoint an alternate for each member.
■ 3. Subpart C is added to read as
follows:
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Subpart C—Past Due Assessments
§ 1212.520 Late payment and interest
charges for past due assessments.
(a) A late payment charge will be
imposed on any first handler or
importer who fails to make timely
remittance to the Board of the total
assessments for which they are liable.
The late payment will be imposed on
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9 CFR Parts 101 and 114
[Docket No. APHIS–2009–0028]
RIN 0579–AD06
Viruses, Serums, Toxins, and
Analogous Products; Expiration Date
Required for Serial and Subserials and
Determination of Expiration Date of
Product
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations to clarify that the expiration
date of a serial or subserial of a
veterinary biologic should be computed
from the date of the initiation of the first
potency test. We are also requiring the
expiration dating period (stability) of a
product to be confirmed by conducting
a real-time stability study with a
stability-indicating assay, stability
monitoring of products after licensing,
and specifying a single standard for
determining the expiration date for
veterinary biologics
DATES: Effective April 13, 2018.
FOR FURTHER INFORMATION CONTACT: Dr.
Donna L. Malloy, Section Leader,
Operational Support, Center for
Veterinary Biologics Policy, Evaluation,
and Licensing, VS, APHIS, 4700 River
Road, Unit 148, Riverdale, MD 20737–
1231; (301) 851–3426.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
The Virus-Serum-Toxin Act
regulations in 9 CFR part 114 (referred
to below as the regulations), contain
requirements for computing expiration
dates and determining expiration dating
periods (stability) for veterinary
biologics. Currently, § 114.12 of the
regulations requires each serial or
subserial of veterinary biological
products prepared in a licensed
establishment to be given an expiration
date, and § 114.13 provides that the
expiration date for each product shall be
computed from the date of the initiation
of the potency test.
Prior to licensure, licensees and
permittees must submit preliminary
information to support the dating period
shown on its labeling. Products are
licensed with the provision that the
dating period must be confirmed by
real-time stability testing at the end of
the predicted shelf life. Currently, the
requirement in § 114.13 of the
regulations for confirming stability is
contingent upon whether a product
consists of viable or non-viable
organisms. For products consisting of
viable organisms, each serial must be
tested for potency at release and at the
approximate expiration date until a
statistically valid stability record has
been established. For products
consisting of non-viable organisms, each
serial presented in support of licensure
(prelicensing serials) must be tested for
potency at release and at or after the
dating requested. Products with
satisfactory potency tests at the
beginning and end of dating are
considered to be efficacious throughout
the requested dating period. Current
science, however, considers stability
estimates based on potency tests
conducted at the beginning and end of
the dating (a two-point profile) to be
inaccurate and imprecise.1
To address this situation, on
September 17, 2010, we published in
the Federal Register (75 FR 56916–
56919, Docket No. APHIS–2009–0028) a
proposal 2 to amend the regulations by
clarifying that the expiration date of a
serial or subserial of a veterinary
biologic should be computed from the
date of the initiation of the first potency
test. We also proposed to require the
expiration dating period (stability) of a
product to be confirmed by a real-time
stability study with a stabilityindicating assay; require stability
1 Capen, R., et al. (2012). On the shelf life of
pharmaceutical products. AAPS PharmSciTech.
DOI: 10.1208/s12249–012–9815–2.
2 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2009-0028.
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monitoring of products after licensing;
and specify a single standard for
determining the expiration date for
veterinary biologics.
We solicited comments concerning
our proposal for 60 days ending
November 16, 2010. We received eight
comments by that date. They were from
licensed manufacturers, national trade
associations representing manufacturers
of animal health products, a
professional organization, and a private
citizen. The comments are discussed
below by topic.
In our review of the comments, it was
evident that many commenters found
the organization and wording of
proposed § 114.13 to be confusing. For
this reason, in addition to adopting
some changes requested by commenters
to the provisions, we have reorganized
and reworded parts of this section to
more clearly describe these
requirements.
Definition of and Requirement To Use
a Stability-Indicating Assay
We proposed to add a definition of
the term stability-indicating assay to the
regulations in part 101. One commenter
stated that we did not identify the need
for the addition of this definition to the
regulations. Another commenter noted
that we stated that product potency can
degrade in a non-linear fashion and
asked for clarification of why the profile
of the degradation curve of a product is
important in an assessment of product
stability.
In the proposed rule, we noted that
current science does not consider
stability estimates based on potency
tests conducted at the beginning and
end of dating (that is, a two-point
profile) to be either accurate or precise.
A two point profile will determine a
fixed line, but if a stability profile is
non-linear, two points are inadequate to
estimate the profile. Further, to estimate
the precision even of a straight line
would require at least three points. For
this reason we proposed to amend
§ 114.13 to require testing of serials or
subserials using a stability-indicating
assay on multiple occasions throughout
the predicted dating period, and to add
a definition of the term stabilityindicating assay to clarify what types of
assays would be considered acceptable.
Two commenters stated that the
Animal and Plant Health Inspection
Service (APHIS) incorrectly cited the
International Cooperation on
Harmonization of Technical
Requirements for the Registration of
Veterinary Medicinal Products (VICH)
guidelines in support of the proposed
rule. The commenters stated that of the
five VICH guidelines that address
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stability, only one, VICH GL 17,
Stability Testing of Biotechnological/
Biological Veterinary Medicinal
Products, addresses biological products,
and it only applies to well-characterized
proteins and polypeptides, and their
derivatives. The commenters also noted
that VICH GL 17 specifically excludes
conventional vaccines.
VICH is a project conducted under the
World Organization for Animal Health
that brings together the regulatory
authorities of the European Union,
Japan, and the United States and
representatives from the animal health
industry in the three regions. Regulatory
authorities and industry experts from
Australia, Canada, and New Zealand
participate as observers. The purpose of
VICH is to harmonize technical
requirements for veterinary medicinal
products (both pharmaceuticals and
biologics).
The commenters’ characterization of
VICH GL 17 is correct; the scope of
those guidelines is limited to
biotechnological/biological products
and therefore they exclude conventional
vaccines and numerous other products.
However, the suggestion that APHIS
proposed to apply the guidelines for
biotechnological/biological products
inappropriately to conventional
vaccines is mistaken. We did not cite
any VICH guidelines as a basis for the
proposed rule. Rather, in the economic
analysis that accompanied the proposed
rule, we stated that the proposed
changes were consistent with VICH
recommendations, and we continue to
believe that this statement is correct. We
note that neither the VICH guidelines
nor our regulations give specific, stepby-step directions for determining
stability, nor is this rule intended to
provide such directions. Instead, we
state that expiration dating period
(stability) of a product should be
confirmed by conducting a real-time
stability study with a stabilityindicating assay.
Some commenters expressed concern
that the proposed definition and its use
in § 114.13 would require potency tests
to be quantitative. The commenters
noted that the potency tests for many
licensed products, some of which are
codified in the regulations, are not
quantitative. The commenters stated
that this change would force licensees to
develop and validate additional assays
for many products and would create
conflicts with the existing regulations.
One commenter stated that developing
these additional assays would be
expensive, would not improve the
quality of the products, would divert
resources from new product
development, and could lead to some
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products being discontinued. Another
commenter stated that it was unclear
why non-quantitative assays are being
excluded, because in many cases these
assays are sufficient to determine
whether or not a product has remained
potent throughout the dating period.
The rule calls for a stability-indicating
assay, which is one that can detect
changes over time. Non-quantitative
assays are not stability-indicating
because they cannot detect changes over
time. However, in response to these
comments, we have amended § 114.13
to allow the use of codified potency
tests that are not quantitative but that
are included in the filed Outline of
Production.
APHIS does not agree that
manufacturers will need to divert
resources from developing new
products to develop additional assays
because this final rule will not require
changes to biological products that are
currently licensed. In other words, the
new requirement is not retroactive for
prior approved products, and we believe
that manufacturers will incorporate new
assay development into their new
product development process. We have
addressed this concern in detail in the
economic analysis that accompanies
this final rule.
One commenter stated that in the
definition of stability-indicating assay,
the phrase ‘‘in the pertinent properties
of the product’’ was too vague. The
commenter suggested that the definition
be revised to refer only to potency, and
not to other properties of the product.
APHIS agrees with the commenter.
We have amended § 114.13 to limit the
requirement to potency. We have also
amended the definition of stabilityindicating assay to read ‘‘in a pertinent
property’’ rather than ‘‘the pertinent
properties.’’ This change clarifies that
the definition is descriptive but not
prescriptive, and does not impose any
requirements.
Two commenters expressed concern
about how the rule would apply to
unlicensed products that have already
completed extensive development, and
stated that products in development
should be treated the same as licensed
products.
APHIS agrees with the commenters
that products that have already
completed a certain amount of
development should receive some
consideration. In response to this
comment, we have amended § 114.13 to
allow a product in development with an
approved potency assay to use that
assay to complete its initial
confirmation of dating study.
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Diagnostic Test Kits
One commenter asked about how the
proposed rule would apply to diagnostic
test kits. The commenter stated that
most test kits are interpreted by
qualitative means, such as a visual
assessment of a reaction. The
commenter stated further that a
quantitative result is not needed
because these test kits do not report a
concentration or titer.
The provisions of this rule do not
apply to diagnostic test kits. We have
amended the regulatory text in § 114.13
to clarify this.
Expiration Date Required for a Serial
We proposed to require that the
expiration date of a serial be computed
from the date of the initiation of the first
potency test of the serial. One
commenter asked that we change this
provision to allow the expiration date to
be calculated from a date of or prior to
the date of the initiation of the first
potency test. The commenter stated that
this would allow assignment of
expiration dates based on
manufacturing activities (such as final
formulation) that precede initiation of
the first potency test. The commenter
further stated that in many cases, this
would be a more efficient practice for a
manufacturer and would also ensure
that serial expiration dating does not
exceed that calculated from the date of
the first potency test.
APHIS agrees with the commenter. In
response to this request, we have
amended § 114.12 to allow the
expiration date to be computed from a
date no later than the date of the
initiation of the first potency test.
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Determination of the Expiration Dating
Period of a Product
We proposed to require stability
studies to begin on the day of filling or
final formulation. Some commenters
stated that the requirement to start on a
single specific day was impractical and
too restrictive.
In response to this comment, we have
changed the requirement for testing
sequences in § 114.13 to indicate that
the first test in the sequence shall be as
close as practical to the day of filling
into final containers or the date of final
formulation if the potency of the
product is tested in bulk form.
Testing
Some commenters stated that the
testing intervals for in vitro tests in
§ 114.13(a) and for animal tests in
§ 114.13(b) require too much testing.
The sequence of intervals for in vitro
tests is designed to allow estimation of
the potency profile. It is typical of the
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contemporary approach to product shelf
life assessment and has been adopted
under various regulatory systems
throughout the world. Furthermore, in
many cases the number of serials that
would be tested under the amended
regulations is fewer than are used under
the current regulations, so the total
number of tests would be approximately
the same, but the resulting data would
be more informative. In response to the
comments, we have clarified the
provisions in the final rule for those
situations when animal testing would be
allowed. Specifically, we have clarified
that in those cases where animal testing
would be necessary, the tests would be
of three serials at the start and end of
the proposed dating period. This will
effectively reduce the number of animal
tests required as compared to the
original proposal.
One commenter expressed concern
that the changes would require the use
of more animal tests, contrary to APHIS’
commitment to reduce, refine, and
replace the use of animals in testing.
APHIS disagrees that the rule will
require more animal testing. On the
contrary, by calling for stabilityindicating assays, it discourages the use
of animal tests, since most stabilityindicating assays are in vitro tests
conducted without animals. As
explained above, however, we have
clarified the requirements for situations
when animal testing would be allowed.
Statistical Methodology and Uniform
Standards
Some commenters noted that the rule
does not include the statistical criteria
that the agency might use to evaluate
stability studies. One of the commenters
stated that the proposal did not provide
guidance on statistical methodology.
Another commenter expressed concern
that the testing requirements could be
unreasonably burdensome and that if a
licensee is required to have an
extremely high statistical certainty, they
might have to increase the potency of
the product, which could lead to safety
problems.
The current regulations require that
licensees and permittees conduct
stability studies. We proposed to amend
the regulations to provide information
that is lacking in the current regulations
on how to conduct stability studies. We
did not recommend that the potency of
a product ever be increased. In fact, a
more precise understanding of a
vaccine’s potency could allow a
manufacturer to reduce the formulated
potency of a vaccine while verifying
that it would maintain adequate potency
throughout its shelf life.
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When providing guidance on
methodology for implementing a
codified rule, APHIS follows its usual
practice of including such information
in published guidance documents. Draft
guidance documents are posted on the
Center for Veterinary Biologics (CVB)
website for comment. The policy on
posting draft documents and
instructions for commenting on them
are described in CVB Notice No. 05–16,
available online at https://
www.aphis.usda.gov/animal_health/
vet_biologics/publications/notice_05_
16.pdf. We will consider all comments
when formulating further guidance
related to the draft document.
A commenter stated that, as proposed,
the rule does not establish a uniform
standard and that a number of items,
including threshold values of
confidence intervals or prediction
intervals, interpretation of continuous
or categorical data sets, and testing
intervals for post-licensure monitoring
vs. licensing studies should be
addressed in the regulations.
APHIS disagrees with the commenter.
The rule establishes a uniform standard
for the design of stability studies. It does
not include detailed methodological
procedures for technical statistical
methods which must be tailored to the
data at hand. The information the
commenter cited is typically covered in
guidance documents. As we discussed
above, these guidance documents are
made available on the APHIS website
for review by stakeholders before they
are finalized.
One commenter stated that the
requirement that manufacturers submit
a plan to monitor the stability of their
products and the suitability of the
dating periods for those products and
that the plan includes regularly testing
serials for potency with stabilityindicating assays is too vague.
APHIS disagrees. The expectation that
product stability should be monitored
by a routine ongoing program is not
unusual in the modern manufacturing
environment. That expectation is clearly
stated in the rule; however, the rule also
allows the manufacturer the flexibility
to design a program that meets the
needs of the particular product.
Some commenters expressed concern
that the rule would prevent
manufacturers from developing new
products because the new requirements
would require them to test every serial
of a vaccine for stability.
The rule does not require that every
serial of a vaccine be tested for stability.
We proposed in § 114.13(a) that at least
three production serials be tested. That
requirement now appears in § 114.13(e)
but is otherwise unchanged.
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A commenter expressed concern that
the rule could be applied retroactively
to any licensed product at any time.
The rule does not apply retroactively.
As we explained in the proposed rule,
the new requirements apply to licensed
products with a completed stability
study only if the manufacturer makes a
change to one of the stability criteria,
such as the dating period, or a major
change to the product or its potency
test.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
Executive Orders 12866 and 13771 and
Regulatory Flexibility Act
This rule has been determined to be
not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget. This rule is
not an Executive Order 13771 regulatory
action because this rule is not
significant under Executive Order
12866.
In accordance with 5 U.S.C. 604, we
have performed a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. Copies of the full analysis are
available on the Regulations.gov website
(see footnote 2 in this document for a
link to Regulations.gov) or by contacting
the person listed under FOR FURTHER
INFORMATION CONTACT.
We are amending the Virus-SerumToxin Act regulations concerning
expiration dates for serials and
subserials and the determination of the
dating period (stability) of veterinary
biological products. This rule will
establish a uniform standard in stability
testing for confirming the dating period
and expiration date requirements. The
changes will clarify and streamline the
current regulations to ensure supplies of
pure, safe, potent, and effective
veterinary biological products.
This rule will affect all veterinary
biologics licensees (manufacturers of
veterinary biologics) and permittees
(importers of veterinary biologics).
Currently, there are approximately 100
veterinary biological establishments,
including permittees. Among these
veterinary biological establishments, 53
veterinary vaccine manufacturers and
permittees hold 1,378 vaccine licenses.
The annual value of veterinary
biological product shipments averaged
between $4.3 billion and $4.4 billion,
2010–2013, having grown from $2.3
billion in 2006. U.S. exports of
veterinary vaccines showed a
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substantial increase between 2006 and
2013, from $291 million in 2006 to $861
million in 2013. U.S. imports of
veterinary vaccines are small; on
average, $5.5 million of veterinary
vaccines were imported annually from
2006 to 2013, resulting in a large trade
surplus (exports minus imports) in the
veterinary vaccine trade. In 2013, the
United States was the largest exporter of
veterinary vaccines in the world,
followed by the Netherlands and
Belgium.
This rule will help veterinary
biologics manufacturers establish the
best method for confirming stability.
The rule aims to enable these
manufacturers to take advantage of
scientific advances and readily respond
to changing international technical
standards in the global market.
Over a 3-year period from 2012
through 2014, we received 76 reports
from manufacturers that contained 192
vaccine stability studies. Based on the
specific tests conducted in these
stability studies, we estimate the costs
associated with the current
requirements, costs associated with the
new requirements, and costs
manufacturers actually incurred in
conducting these 192 studies. We
estimate that the annual total cost to the
industry of stability studies under the
current requirements is about $847,000
and the annual total cost to the industry
under the new requirements will be
about $858,000, that is, an annual cost
increase of about $11,000 to the
industry.
We note that the 3-year data show that
manufacturers actually conducted more
testing than is required under either the
current or new requirements; we
estimate that the manufacturers
incurred costs totaling about $1,689,000
annually, which is $831,000 more than
what the new requirements are
estimated to cost. To provide context on
industry effects, if establishments were
to limit themselves to the new
requirements, which are aligned with
contemporary science and international
standards, the industry may save about
$831,000 annually in testing, an average
of about $15,700 per establishment
(based on 53 manufacturers). We
anticipate that industry will follow the
new requirements, although some firms
may elect to perform more testing than
required by APHIS in order to satisfy
the regulatory requirements of other
countries. In addition to the
aforementioned annual costs, we expect
that the industry will incur one-time
costs that are necessary to understand
the new requirements, train employees,
and update policies and procedures
accordingly.
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According to the Small Business
Administration size standards, most
veterinary biologics manufacturers are
small entities with no more than 500
employees. We expect that the
estimated annual costs for the industry
will not cause significant economic
impacts for most veterinary biologics
licensees and permittees, based on the
estimated $11,000 annual cost increase
to the industry (about $200 annual cost
increase per manufacturer or permittee).
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
States and local officials. (See 2 CFR
chapter IV.)
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies where they are
necessary to address local disease
conditions or eradication programs.
However, where safety, efficacy, purity,
and potency of biological products are
concerned, it is the Agency’s intent to
occupy the field. This includes, but is
not limited to, the regulation of labeling.
Under the Act, Congress clearly
intended that there be national
uniformity in the regulation of these
products. There are no administrative
proceedings which must be exhausted
prior to a judicial challenge to the
regulations under this rule.
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
9 CFR Part 101
Animal biologics.
9 CFR Part 114
Animal biologics, Reporting and
recordkeeping requirements.
Accordingly, we are amending 9 CFR
parts 101 and 114 as follows:
PART 101—DEFINITIONS
1. The authority citation for part 101
continues to read as follows:
■
Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
2.80, and 371.4.
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2. Section 101.5 is amended by adding
paragraph(s) to read as follows:
■
§ 101.5
Testing terminology.
*
*
*
*
*
(s) Stability-indicating assay. A
stability-indicating assay is a validated
quantitative analytical procedure that
can detect changes over time in a
pertinent property of the product.
PART 114—PRODUCTION
REQUIREMENTS FOR BIOLOGICAL
PRODUCTS
3. The authority citation for part 114
continues to read as follows:
■
Authority: 21 U.S.C. 151–159; 7 CFR 2.22,
2.80, and 371.4.
4. Section 114.12 is revised to read as
follows:
■
§ 114.12
serial.
Expiration date required for a
Unless otherwise provided for in a
Standard Requirement or filed Outline
of Production, each serial or subserial of
a biological product prepared in a
licensed establishment shall be given an
expiration date according to the dating
period of the product when computed
from a date no later than the date of the
initiation of the first potency test of the
serial or subserial. A licensed biological
product shall be considered worthless
under the Virus-Serum-Toxin Act after
the expiration date appearing on the
label.
■ 5. Section 114.13 is revised to read as
follows:
daltland on DSKBBV9HB2PROD with RULES
§ 114.13 Determination of the dating
period of a product.
The following requirements do not
apply to those biological products used
for diagnostic purposes.
(a) Stability criteria. Stability criteria
include the specifications for potency at
release, potency throughout the dating
period, and the length of the dating
period.
(b) Stability study requirement. The
dating period of each fraction of each
product shall be confirmed by
conducting a stability study.
(c) Licensure prior to completion of a
stability study. Prior to licensure, the
licensee shall propose a dating period
for the product based on preliminary
information available about the stability
of each of its fractions. If the
preliminary stability information is
acceptable, the product may be licensed
with the provision that the proposed
dating period must be confirmed by
conducting a real-time stability study
with a stability-indicating potency assay
that can detect changes over time in the
potency of the product.
VerDate Sep<11>2014
16:14 Mar 13, 2018
Jkt 244001
(d) Use of stability-indicating assay.
Stability studies must be conducted
with a stability-indicating assay, with
the following exceptions:
(1) If the potency test specified in the
filed Outline of Production of a licensed
product is the one stated in the
regulations, that potency test may be
used in place of a stability-indicating
assay for that fraction.
(2) If the initial confirmation of dating
study of a product in development on
April 13, 2018 has an approved potency
assay, that assay may be used.
(e) Number of serials. At least three
production serials of the product shall
be selected for testing in the stability
study.
(f) Testing sequences—(1) Initial test.
The first test in the sequence shall be as
close as practical to the day of filling
into final containers or the date of final
formulation if the potency of the
product is tested in bulk form.
(2) Subsequent testing for in vitro
assays. (i) One test every 3 months
during the first year of storage;
(ii) One test every 6 months during
the second year of storage; and
(iii) One test annually thereafter
throughout the proposed dating period.
(3) Subsequent testing for in vivo
assays. One test at the end of the
proposed dating period.
(g) When to conduct a stability study.
Stability studies must be conducted for
the following:
(1) Newly licensed products whose
dating has not been confirmed;
(2) Licensed products with confirmed
dating but a major change to the product
or to the potency test has occurred; and
(3) Licensed products with confirmed
dating in which a change in one or more
of the stability criteria is requested.
(h) Submitting data. At the
completion of the real-time stability
study to confirm or change the dating
period, the data shall be submitted to
Animal and Plant Health Inspection
Service for approval for filing and the
approved for filing date shall be
specified in section VI of the filed
Outline of Production at the next
revision.
(i) Monitoring stability of the product.
For products licensed subsequent to
April 13, 2018, the licensee or permittee
shall submit a plan to monitor the
stability of the product and the
suitability of its dating period that
includes regularly testing selected
serials for potency during and at the end
of dating.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
11143
Done in Washington, DC, this 9th day of
March 2018.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2018–05143 Filed 3–13–18; 8:45 am]
BILLING CODE 3410–34–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
Revised Medical Criteria for Evaluating
Cancer (Malignant Neoplastic
Diseases)
CFR Correction
In Title 20 of the Code of Federal
Regulations, Parts 400 to 499, revised as
of April 1, 2017, on page 541, in Part
404, Subpart P, Appendix 1, under
13.02, paragraph B., the second ‘‘OR’’ is
removed and under 13.03, paragraphs
B.1. and B.2. are removed.
■
[FR Doc. 2018–05240 Filed 3–13–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 864
[Docket No. FDA–2018–N–0399]
Medical Devices; Hematology and
Pathology Devices; Classification of
Lynch Syndrome Test Systems;
Correction
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order; correction.
The Food and Drug
Administration is correcting a final
order entitled ‘‘Medical Devices;
Hematology and Pathology Devices;
Classification of Lynch Syndrome Test
Systems’’ that appeared in the Federal
Register of February 27, 2018. The
document was published with the
incorrect docket number. This
document corrects that error.
DATES: Effective March 14, 2018.
FOR FURTHER INFORMATION CONTACT: Lisa
Granger, Office of Policy and Planning,
Food and Drug Administration, 10903
New Hampshire Ave., Bldg, 32, Rm.
3330, Silver Spring, MD 20993–0002,
301–796–9115.
SUPPLEMENTARY INFORMATION: In the
Federal Register of February 27, 2018
(83 FR 8355), in FR Doc. 2018–03924,
on page 8355, the following correction
is made:
SUMMARY:
E:\FR\FM\14MRR1.SGM
14MRR1
Agencies
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Rules and Regulations]
[Pages 11139-11143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05143]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 101 and 114
[Docket No. APHIS-2009-0028]
RIN 0579-AD06
Viruses, Serums, Toxins, and Analogous Products; Expiration Date
Required for Serial and Subserials and Determination of Expiration Date
of Product
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations to clarify that the expiration
date of a serial or subserial of a veterinary biologic should be
computed from the date of the initiation of the first potency test. We
are also requiring the expiration dating period (stability) of a
product to be confirmed by conducting a real-time stability study with
a stability-indicating assay, stability monitoring of products after
licensing, and specifying a single standard for determining the
expiration date for veterinary biologics
DATES: Effective April 13, 2018.
FOR FURTHER INFORMATION CONTACT: Dr. Donna L. Malloy, Section Leader,
Operational Support, Center for Veterinary Biologics Policy,
Evaluation, and Licensing, VS, APHIS, 4700 River Road, Unit 148,
Riverdale, MD 20737-1231; (301) 851-3426.
SUPPLEMENTARY INFORMATION:
Background
The Virus-Serum-Toxin Act regulations in 9 CFR part 114 (referred
to below as the regulations), contain requirements for computing
expiration dates and determining expiration dating periods (stability)
for veterinary biologics. Currently, Sec. 114.12 of the regulations
requires each serial or subserial of veterinary biological products
prepared in a licensed establishment to be given an expiration date,
and Sec. 114.13 provides that the expiration date for each product
shall be computed from the date of the initiation of the potency test.
Prior to licensure, licensees and permittees must submit
preliminary information to support the dating period shown on its
labeling. Products are licensed with the provision that the dating
period must be confirmed by real-time stability testing at the end of
the predicted shelf life. Currently, the requirement in Sec. 114.13 of
the regulations for confirming stability is contingent upon whether a
product consists of viable or non-viable organisms. For products
consisting of viable organisms, each serial must be tested for potency
at release and at the approximate expiration date until a statistically
valid stability record has been established. For products consisting of
non-viable organisms, each serial presented in support of licensure
(prelicensing serials) must be tested for potency at release and at or
after the dating requested. Products with satisfactory potency tests at
the beginning and end of dating are considered to be efficacious
throughout the requested dating period. Current science, however,
considers stability estimates based on potency tests conducted at the
beginning and end of the dating (a two-point profile) to be inaccurate
and imprecise.\1\
---------------------------------------------------------------------------
\1\ Capen, R., et al. (2012). On the shelf life of
pharmaceutical products. AAPS PharmSciTech. DOI: 10.1208/s12249-012-
9815-2.
---------------------------------------------------------------------------
To address this situation, on September 17, 2010, we published in
the Federal Register (75 FR 56916-56919, Docket No. APHIS-2009-0028) a
proposal \2\ to amend the regulations by clarifying that the expiration
date of a serial or subserial of a veterinary biologic should be
computed from the date of the initiation of the first potency test. We
also proposed to require the expiration dating period (stability) of a
product to be confirmed by a real-time stability study with a
stability-indicating assay; require stability
[[Page 11140]]
monitoring of products after licensing; and specify a single standard
for determining the expiration date for veterinary biologics.
---------------------------------------------------------------------------
\2\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0028.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
November 16, 2010. We received eight comments by that date. They were
from licensed manufacturers, national trade associations representing
manufacturers of animal health products, a professional organization,
and a private citizen. The comments are discussed below by topic.
In our review of the comments, it was evident that many commenters
found the organization and wording of proposed Sec. 114.13 to be
confusing. For this reason, in addition to adopting some changes
requested by commenters to the provisions, we have reorganized and
reworded parts of this section to more clearly describe these
requirements.
Definition of and Requirement To Use a Stability-Indicating Assay
We proposed to add a definition of the term stability-indicating
assay to the regulations in part 101. One commenter stated that we did
not identify the need for the addition of this definition to the
regulations. Another commenter noted that we stated that product
potency can degrade in a non-linear fashion and asked for clarification
of why the profile of the degradation curve of a product is important
in an assessment of product stability.
In the proposed rule, we noted that current science does not
consider stability estimates based on potency tests conducted at the
beginning and end of dating (that is, a two-point profile) to be either
accurate or precise. A two point profile will determine a fixed line,
but if a stability profile is non-linear, two points are inadequate to
estimate the profile. Further, to estimate the precision even of a
straight line would require at least three points. For this reason we
proposed to amend Sec. 114.13 to require testing of serials or
subserials using a stability-indicating assay on multiple occasions
throughout the predicted dating period, and to add a definition of the
term stability-indicating assay to clarify what types of assays would
be considered acceptable.
Two commenters stated that the Animal and Plant Health Inspection
Service (APHIS) incorrectly cited the International Cooperation on
Harmonization of Technical Requirements for the Registration of
Veterinary Medicinal Products (VICH) guidelines in support of the
proposed rule. The commenters stated that of the five VICH guidelines
that address stability, only one, VICH GL 17, Stability Testing of
Biotechnological/Biological Veterinary Medicinal Products, addresses
biological products, and it only applies to well-characterized proteins
and polypeptides, and their derivatives. The commenters also noted that
VICH GL 17 specifically excludes conventional vaccines.
VICH is a project conducted under the World Organization for Animal
Health that brings together the regulatory authorities of the European
Union, Japan, and the United States and representatives from the animal
health industry in the three regions. Regulatory authorities and
industry experts from Australia, Canada, and New Zealand participate as
observers. The purpose of VICH is to harmonize technical requirements
for veterinary medicinal products (both pharmaceuticals and biologics).
The commenters' characterization of VICH GL 17 is correct; the
scope of those guidelines is limited to biotechnological/biological
products and therefore they exclude conventional vaccines and numerous
other products. However, the suggestion that APHIS proposed to apply
the guidelines for biotechnological/biological products inappropriately
to conventional vaccines is mistaken. We did not cite any VICH
guidelines as a basis for the proposed rule. Rather, in the economic
analysis that accompanied the proposed rule, we stated that the
proposed changes were consistent with VICH recommendations, and we
continue to believe that this statement is correct. We note that
neither the VICH guidelines nor our regulations give specific, step-by-
step directions for determining stability, nor is this rule intended to
provide such directions. Instead, we state that expiration dating
period (stability) of a product should be confirmed by conducting a
real-time stability study with a stability-indicating assay.
Some commenters expressed concern that the proposed definition and
its use in Sec. 114.13 would require potency tests to be quantitative.
The commenters noted that the potency tests for many licensed products,
some of which are codified in the regulations, are not quantitative.
The commenters stated that this change would force licensees to develop
and validate additional assays for many products and would create
conflicts with the existing regulations. One commenter stated that
developing these additional assays would be expensive, would not
improve the quality of the products, would divert resources from new
product development, and could lead to some products being
discontinued. Another commenter stated that it was unclear why non-
quantitative assays are being excluded, because in many cases these
assays are sufficient to determine whether or not a product has
remained potent throughout the dating period.
The rule calls for a stability-indicating assay, which is one that
can detect changes over time. Non-quantitative assays are not
stability-indicating because they cannot detect changes over time.
However, in response to these comments, we have amended Sec. 114.13 to
allow the use of codified potency tests that are not quantitative but
that are included in the filed Outline of Production.
APHIS does not agree that manufacturers will need to divert
resources from developing new products to develop additional assays
because this final rule will not require changes to biological products
that are currently licensed. In other words, the new requirement is not
retroactive for prior approved products, and we believe that
manufacturers will incorporate new assay development into their new
product development process. We have addressed this concern in detail
in the economic analysis that accompanies this final rule.
One commenter stated that in the definition of stability-indicating
assay, the phrase ``in the pertinent properties of the product'' was
too vague. The commenter suggested that the definition be revised to
refer only to potency, and not to other properties of the product.
APHIS agrees with the commenter. We have amended Sec. 114.13 to
limit the requirement to potency. We have also amended the definition
of stability-indicating assay to read ``in a pertinent property''
rather than ``the pertinent properties.'' This change clarifies that
the definition is descriptive but not prescriptive, and does not impose
any requirements.
Two commenters expressed concern about how the rule would apply to
unlicensed products that have already completed extensive development,
and stated that products in development should be treated the same as
licensed products.
APHIS agrees with the commenters that products that have already
completed a certain amount of development should receive some
consideration. In response to this comment, we have amended Sec.
114.13 to allow a product in development with an approved potency assay
to use that assay to complete its initial confirmation of dating study.
[[Page 11141]]
Diagnostic Test Kits
One commenter asked about how the proposed rule would apply to
diagnostic test kits. The commenter stated that most test kits are
interpreted by qualitative means, such as a visual assessment of a
reaction. The commenter stated further that a quantitative result is
not needed because these test kits do not report a concentration or
titer.
The provisions of this rule do not apply to diagnostic test kits.
We have amended the regulatory text in Sec. 114.13 to clarify this.
Expiration Date Required for a Serial
We proposed to require that the expiration date of a serial be
computed from the date of the initiation of the first potency test of
the serial. One commenter asked that we change this provision to allow
the expiration date to be calculated from a date of or prior to the
date of the initiation of the first potency test. The commenter stated
that this would allow assignment of expiration dates based on
manufacturing activities (such as final formulation) that precede
initiation of the first potency test. The commenter further stated that
in many cases, this would be a more efficient practice for a
manufacturer and would also ensure that serial expiration dating does
not exceed that calculated from the date of the first potency test.
APHIS agrees with the commenter. In response to this request, we
have amended Sec. 114.12 to allow the expiration date to be computed
from a date no later than the date of the initiation of the first
potency test.
Determination of the Expiration Dating Period of a Product
We proposed to require stability studies to begin on the day of
filling or final formulation. Some commenters stated that the
requirement to start on a single specific day was impractical and too
restrictive.
In response to this comment, we have changed the requirement for
testing sequences in Sec. 114.13 to indicate that the first test in
the sequence shall be as close as practical to the day of filling into
final containers or the date of final formulation if the potency of the
product is tested in bulk form.
Testing
Some commenters stated that the testing intervals for in vitro
tests in Sec. 114.13(a) and for animal tests in Sec. 114.13(b)
require too much testing.
The sequence of intervals for in vitro tests is designed to allow
estimation of the potency profile. It is typical of the contemporary
approach to product shelf life assessment and has been adopted under
various regulatory systems throughout the world. Furthermore, in many
cases the number of serials that would be tested under the amended
regulations is fewer than are used under the current regulations, so
the total number of tests would be approximately the same, but the
resulting data would be more informative. In response to the comments,
we have clarified the provisions in the final rule for those situations
when animal testing would be allowed. Specifically, we have clarified
that in those cases where animal testing would be necessary, the tests
would be of three serials at the start and end of the proposed dating
period. This will effectively reduce the number of animal tests
required as compared to the original proposal.
One commenter expressed concern that the changes would require the
use of more animal tests, contrary to APHIS' commitment to reduce,
refine, and replace the use of animals in testing.
APHIS disagrees that the rule will require more animal testing. On
the contrary, by calling for stability-indicating assays, it
discourages the use of animal tests, since most stability-indicating
assays are in vitro tests conducted without animals. As explained
above, however, we have clarified the requirements for situations when
animal testing would be allowed.
Statistical Methodology and Uniform Standards
Some commenters noted that the rule does not include the
statistical criteria that the agency might use to evaluate stability
studies. One of the commenters stated that the proposal did not provide
guidance on statistical methodology. Another commenter expressed
concern that the testing requirements could be unreasonably burdensome
and that if a licensee is required to have an extremely high
statistical certainty, they might have to increase the potency of the
product, which could lead to safety problems.
The current regulations require that licensees and permittees
conduct stability studies. We proposed to amend the regulations to
provide information that is lacking in the current regulations on how
to conduct stability studies. We did not recommend that the potency of
a product ever be increased. In fact, a more precise understanding of a
vaccine's potency could allow a manufacturer to reduce the formulated
potency of a vaccine while verifying that it would maintain adequate
potency throughout its shelf life.
When providing guidance on methodology for implementing a codified
rule, APHIS follows its usual practice of including such information in
published guidance documents. Draft guidance documents are posted on
the Center for Veterinary Biologics (CVB) website for comment. The
policy on posting draft documents and instructions for commenting on
them are described in CVB Notice No. 05-16, available online at https://www.aphis.usda.gov/animal_health/vet_biologics/publications/notice_05_16.pdf. We will consider all comments when formulating
further guidance related to the draft document.
A commenter stated that, as proposed, the rule does not establish a
uniform standard and that a number of items, including threshold values
of confidence intervals or prediction intervals, interpretation of
continuous or categorical data sets, and testing intervals for post-
licensure monitoring vs. licensing studies should be addressed in the
regulations.
APHIS disagrees with the commenter. The rule establishes a uniform
standard for the design of stability studies. It does not include
detailed methodological procedures for technical statistical methods
which must be tailored to the data at hand. The information the
commenter cited is typically covered in guidance documents. As we
discussed above, these guidance documents are made available on the
APHIS website for review by stakeholders before they are finalized.
One commenter stated that the requirement that manufacturers submit
a plan to monitor the stability of their products and the suitability
of the dating periods for those products and that the plan includes
regularly testing serials for potency with stability-indicating assays
is too vague.
APHIS disagrees. The expectation that product stability should be
monitored by a routine ongoing program is not unusual in the modern
manufacturing environment. That expectation is clearly stated in the
rule; however, the rule also allows the manufacturer the flexibility to
design a program that meets the needs of the particular product.
Some commenters expressed concern that the rule would prevent
manufacturers from developing new products because the new requirements
would require them to test every serial of a vaccine for stability.
The rule does not require that every serial of a vaccine be tested
for stability. We proposed in Sec. 114.13(a) that at least three
production serials be tested. That requirement now appears in Sec.
114.13(e) but is otherwise unchanged.
[[Page 11142]]
A commenter expressed concern that the rule could be applied
retroactively to any licensed product at any time.
The rule does not apply retroactively. As we explained in the
proposed rule, the new requirements apply to licensed products with a
completed stability study only if the manufacturer makes a change to
one of the stability criteria, such as the dating period, or a major
change to the product or its potency test.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
This rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget. This rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov website (see footnote 2
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
We are amending the Virus-Serum-Toxin Act regulations concerning
expiration dates for serials and subserials and the determination of
the dating period (stability) of veterinary biological products. This
rule will establish a uniform standard in stability testing for
confirming the dating period and expiration date requirements. The
changes will clarify and streamline the current regulations to ensure
supplies of pure, safe, potent, and effective veterinary biological
products.
This rule will affect all veterinary biologics licensees
(manufacturers of veterinary biologics) and permittees (importers of
veterinary biologics). Currently, there are approximately 100
veterinary biological establishments, including permittees. Among these
veterinary biological establishments, 53 veterinary vaccine
manufacturers and permittees hold 1,378 vaccine licenses.
The annual value of veterinary biological product shipments
averaged between $4.3 billion and $4.4 billion, 2010-2013, having grown
from $2.3 billion in 2006. U.S. exports of veterinary vaccines showed a
substantial increase between 2006 and 2013, from $291 million in 2006
to $861 million in 2013. U.S. imports of veterinary vaccines are small;
on average, $5.5 million of veterinary vaccines were imported annually
from 2006 to 2013, resulting in a large trade surplus (exports minus
imports) in the veterinary vaccine trade. In 2013, the United States
was the largest exporter of veterinary vaccines in the world, followed
by the Netherlands and Belgium.
This rule will help veterinary biologics manufacturers establish
the best method for confirming stability. The rule aims to enable these
manufacturers to take advantage of scientific advances and readily
respond to changing international technical standards in the global
market.
Over a 3-year period from 2012 through 2014, we received 76 reports
from manufacturers that contained 192 vaccine stability studies. Based
on the specific tests conducted in these stability studies, we estimate
the costs associated with the current requirements, costs associated
with the new requirements, and costs manufacturers actually incurred in
conducting these 192 studies. We estimate that the annual total cost to
the industry of stability studies under the current requirements is
about $847,000 and the annual total cost to the industry under the new
requirements will be about $858,000, that is, an annual cost increase
of about $11,000 to the industry.
We note that the 3-year data show that manufacturers actually
conducted more testing than is required under either the current or new
requirements; we estimate that the manufacturers incurred costs
totaling about $1,689,000 annually, which is $831,000 more than what
the new requirements are estimated to cost. To provide context on
industry effects, if establishments were to limit themselves to the new
requirements, which are aligned with contemporary science and
international standards, the industry may save about $831,000 annually
in testing, an average of about $15,700 per establishment (based on 53
manufacturers). We anticipate that industry will follow the new
requirements, although some firms may elect to perform more testing
than required by APHIS in order to satisfy the regulatory requirements
of other countries. In addition to the aforementioned annual costs, we
expect that the industry will incur one-time costs that are necessary
to understand the new requirements, train employees, and update
policies and procedures accordingly.
According to the Small Business Administration size standards, most
veterinary biologics manufacturers are small entities with no more than
500 employees. We expect that the estimated annual costs for the
industry will not cause significant economic impacts for most
veterinary biologics licensees and permittees, based on the estimated
$11,000 annual cost increase to the industry (about $200 annual cost
increase per manufacturer or permittee).
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with States and local
officials. (See 2 CFR chapter IV.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies where they are necessary to address local disease conditions
or eradication programs. However, where safety, efficacy, purity, and
potency of biological products are concerned, it is the Agency's intent
to occupy the field. This includes, but is not limited to, the
regulation of labeling. Under the Act, Congress clearly intended that
there be national uniformity in the regulation of these products. There
are no administrative proceedings which must be exhausted prior to a
judicial challenge to the regulations under this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
9 CFR Part 101
Animal biologics.
9 CFR Part 114
Animal biologics, Reporting and recordkeeping requirements.
Accordingly, we are amending 9 CFR parts 101 and 114 as follows:
PART 101--DEFINITIONS
0
1. The authority citation for part 101 continues to read as follows:
Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.
[[Page 11143]]
0
2. Section 101.5 is amended by adding paragraph(s) to read as follows:
Sec. 101.5 Testing terminology.
* * * * *
(s) Stability-indicating assay. A stability-indicating assay is a
validated quantitative analytical procedure that can detect changes
over time in a pertinent property of the product.
PART 114--PRODUCTION REQUIREMENTS FOR BIOLOGICAL PRODUCTS
0
3. The authority citation for part 114 continues to read as follows:
Authority: 21 U.S.C. 151-159; 7 CFR 2.22, 2.80, and 371.4.
0
4. Section 114.12 is revised to read as follows:
Sec. 114.12 Expiration date required for a serial.
Unless otherwise provided for in a Standard Requirement or filed
Outline of Production, each serial or subserial of a biological product
prepared in a licensed establishment shall be given an expiration date
according to the dating period of the product when computed from a date
no later than the date of the initiation of the first potency test of
the serial or subserial. A licensed biological product shall be
considered worthless under the Virus-Serum-Toxin Act after the
expiration date appearing on the label.
0
5. Section 114.13 is revised to read as follows:
Sec. 114.13 Determination of the dating period of a product.
The following requirements do not apply to those biological
products used for diagnostic purposes.
(a) Stability criteria. Stability criteria include the
specifications for potency at release, potency throughout the dating
period, and the length of the dating period.
(b) Stability study requirement. The dating period of each fraction
of each product shall be confirmed by conducting a stability study.
(c) Licensure prior to completion of a stability study. Prior to
licensure, the licensee shall propose a dating period for the product
based on preliminary information available about the stability of each
of its fractions. If the preliminary stability information is
acceptable, the product may be licensed with the provision that the
proposed dating period must be confirmed by conducting a real-time
stability study with a stability-indicating potency assay that can
detect changes over time in the potency of the product.
(d) Use of stability-indicating assay. Stability studies must be
conducted with a stability-indicating assay, with the following
exceptions:
(1) If the potency test specified in the filed Outline of
Production of a licensed product is the one stated in the regulations,
that potency test may be used in place of a stability-indicating assay
for that fraction.
(2) If the initial confirmation of dating study of a product in
development on April 13, 2018 has an approved potency assay, that assay
may be used.
(e) Number of serials. At least three production serials of the
product shall be selected for testing in the stability study.
(f) Testing sequences--(1) Initial test. The first test in the
sequence shall be as close as practical to the day of filling into
final containers or the date of final formulation if the potency of the
product is tested in bulk form.
(2) Subsequent testing for in vitro assays. (i) One test every 3
months during the first year of storage;
(ii) One test every 6 months during the second year of storage; and
(iii) One test annually thereafter throughout the proposed dating
period.
(3) Subsequent testing for in vivo assays. One test at the end of
the proposed dating period.
(g) When to conduct a stability study. Stability studies must be
conducted for the following:
(1) Newly licensed products whose dating has not been confirmed;
(2) Licensed products with confirmed dating but a major change to
the product or to the potency test has occurred; and
(3) Licensed products with confirmed dating in which a change in
one or more of the stability criteria is requested.
(h) Submitting data. At the completion of the real-time stability
study to confirm or change the dating period, the data shall be
submitted to Animal and Plant Health Inspection Service for approval
for filing and the approved for filing date shall be specified in
section VI of the filed Outline of Production at the next revision.
(i) Monitoring stability of the product. For products licensed
subsequent to April 13, 2018, the licensee or permittee shall submit a
plan to monitor the stability of the product and the suitability of its
dating period that includes regularly testing selected serials for
potency during and at the end of dating.
Done in Washington, DC, this 9th day of March 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-05143 Filed 3-13-18; 8:45 am]
BILLING CODE 3410-34-P