FDA Regulation of Animal Biotechnology Products

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Presentation transcript:

FDA Regulation of Animal Biotechnology Products Laura Epstein Center for Veterinary Medicine U.S. Food and Drug Administration July 23, 2019

Legal Authority FD&C Act: a drug = articles (other than food) intended to affect the structure or any function of the body of man or other animals... Generally, must be approved www.fda.gov

How Can an Animal be a Drug? Answer: The animal is not a drug The regulated article is the intentional genomic alteration (IGA) FDA does not approve the animal www.fda.gov

What This Really Means FDA ensures it’s: Safe to the animal Safe to anyone that consumes food from the animal Effective (does what it’s supposed to do) www.fda.gov

Section 4, Regulatory Streamlining EO on Modernizing Regulatory Framework for Agricultural Biotechnology Products Section 4, Regulatory Streamlining Section 4(a): “within 180 days… identify relevant regulations and guidance documents… that can be streamlined…” Section 4(b): “use existing statutory authority, as appropriate, to exempt low-risk products of agricultural biotechnology from undue regulation”

Response to EO, Section 4: Guidance 187 on Regulation of IGAs in Animals Draft revision issued in 2017 IGAs require premarket approval but enforcement discretion for low risk IGAs in animals Explains how approval process works Changes will clarify risk-based approach; eliminate confusing jargon; respond to commenters’ concerns FDA plans an outreach effort to engage stakeholders in a more technical revision of portion of guidance on the approval process; goal will be further streamlining

GFI 187: Risk-Based Approach Enforcement Discretion with no prior data review No data submission Data to address relevant risk factors Data commensurate with the risk profile of the product Enforcement Discretion with prior data review New Animal Drug Application (NADA) Approval www.fda.gov

GFI 187: Clarification for Farms/Animal Producers Farms that are just raising animals containing IGAs: Are not drug manufacturing facilities Do not have to register with FDA Are not required to report adverse events to FDA (although they can voluntarily) Do not need FDA approval to breed animals with IGAs with other animals

Response to EO, Section 4: Other Guidances Guidance on IGAs in animals of food-producing species for use as models of human disease in research: Intend not to enforce approval requirement for a low-risk product Guidance on establishing files of early information: will streamline regulation at early development stage by allowing use of a type of file that allows communication with FDA without incurring user fees

Response to EO, Section 4: Veterinary Innovation Program (VIP) Available to IGAs in animals and ACTPs seeking approval that provide a benefit to health, food production, animal well-being Furthers EO goals of timely and efficient application review and predictability and consistency of regulation Currently 11 sponsors enrolled more expected to enroll shortly

VIP, continued Benefits: VIP Toolkit Frequent Interaction: meetings early and often Dedicated Review Team Alternative Data Discussions CVM Senior Management Involvement Feedback on Assay Development Pre- and Post-Review Feedback Stopping/Re-starting the clock “How-to” help with Post approval requirements

Response to EO Section 4: Transparency in Risk Determination Following EO issuance, CVM created a web page that lists the IGAs in animals for which it has made a risk-based decision to exercise enforcement discretion rather than enforcing approval requirements