New Animal Drugs: Ractopamine

Federal Register: January 11, 2010 (Volume 75, Number 6)

Rules and Regulations

Page 1275-1276

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11ja10-6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration 21 CFR Part 558

Docket No. FDA-2009-N-0665

New Animal Drugs; Ractopamine

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Elanco Animal Health, A Division of Eli

Lilly & Co. The supplemental NADA provides for administering ractopamine hydrochloride Type C medicated feeds as a top dress to cattle fed in confinement for slaughter.

DATES: This rule is effective January 11, 2010.

FOR FURTHER INFORMATION CONTACT: Suzanne J. Sechen, Center for

Veterinary Medicine (HFV-126), Food and Drug Administration, 7500

Standish Pl., Rockville, MD 20855, 240-276-8105, e-mail: suzanne.sechen@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Elanco Animal Health, A Division of Eli

Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285, filed a supplement to NADA 141-221 that provides for use of OPTAFLEXX 45

(ractopamine hydrochloride) Type A medicated articles to formulate Type

B and Type C medicated feeds administered to cattle fed in confinement for slaughter for increased rate of weight gain and improved feed efficiency during the last 28 to 42 days on feed. The supplement provides for feeding ractopamine hydrochloride Type C medicated feed as a top dress. The supplemental NADA is approved as of December 11, 2009, and the regulations in 21 CFR 558.500 are amended to reflect the approval.

In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management

(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,

Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.

The agency has determined under 21 CFR 25.33 that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval qualifies for 3 years of marketing exclusivity beginning on the date of approval.

This rule does not meet the definition of ``rule'' in 5 U.S.C. 804(3)(A) because it is a rule of ``particular applicability.''

Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.

Page 1276

List of Subjects in 21 CFR Part 558

Animal drugs, Animal feeds. 0

Therefore, under the Federal Food, Drug, and Cosmetic Act and under the authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows:

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 0 1. The authority citation for 21 CFR part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371. 0 2. In Sec. 558.500, in paragraph (e)(2), in the heading of the first table column, remove ``Ractopame'' and in its place add

``Ractopamine''; and add paragraph (e)(2)(xi) to read as follows:

Sec. 558.500 Ractopamine.

* * * * *

(e) * * *

(2) Cattle--

Ractopamine in Combination

Indications grams/ton

in grams/ton

for use

Limitations

Sponsor

* * * * * * *

(xi) Not to

............. Cattle fed in Top dress in

000986 exceed 800;

confinement a minimum of to provide 70

for

1.0 lb of to 400 mg/

slaughter:

medicated head/day.

As in

feed. paragraph

(e)(2)(i) of this section.

* * * * * * *

* * * * *

Dated: December 31, 2009.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

FR Doc. 2010-208 Filed 1-8-10; 8:45 am

BILLING CODE 4160-01-S

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