Notice2025-14226

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Compounding Animal Drugs From Bulk Drug Substances

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
July 29, 2025

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Full Text

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<title>Federal Register, Volume 90 Issue 143 (Tuesday, July 29, 2025)</title>
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[Federal Register Volume 90, Number 143 (Tuesday, July 29, 2025)]
[Notices]
[Pages 35693-35694]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14226]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2025-N-0082]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Compounding Animal 
Drugs From Bulk Drug Substances

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the 
collection of information by August 28, 2025.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. The OMB control number for 
this information collection is 0910-0904. Also include the FDA docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD

[[Page 35694]]

20852, 301-796-5733, <a href="/cdn-cgi/l/email-protection#57070516042336313117313336793f3f2479303821"><span class="__cf_email__" data-cfemail="4d1d1f0c1e392c2b2b0d2b292c6325253e632a223b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Compounding Animal Drugs From Bulk Substances

OMB Control Number 0910-0904--Extension

    This information collection helps support recommendations discussed 
in FDA guidance. Animal drugs compounded from bulk drug substances by 
pharmacists and veterinarians do not meet certain important 
requirements of the Federal Food, Drug, and Cosmetic Act (FD&C Act). To 
be legally marketed in accordance with animal drug approval 
requirements of the FD&C Act, an approval, conditional approval, or 
listing on the Index of Legally Marketed Unapproved New Animal Drugs 
for Minor Species \1\ is required, and compounded drugs do not go 
through any of these pre-market review processes. (Information 
collection associated with new animal drug applications is approved 
under OMB control no. 0910-0032; information collection pertaining to 
index of legally marketed unapproved new animal drugs for minor species 
is approved under OMB control no. 0910-0605.) Further, all animal drugs 
are required to, among other things, be made in accordance with current 
good manufacturing practice (CGMP) requirements and have adequate 
directions for use, requirements not met by compounded drugs.\2\ Thus, 
drugs compounded from bulk drug substances violate the FD&C Act because 
they are not approved or indexed, are not made according to CGMP, and 
cannot satisfy the FD&C Act's adequate directions for use provision 
(which requires, among other things, that a prescription drug have FDA-
approved labeling). However, FDA has generally refrained from taking 
enforcement action against animal drugs compounded from bulk drug 
substances under certain circumstances when no other medically 
appropriate treatment options exist.
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    \1\ Sections 512, 571, and 572 of the FD&C Act (21 U.S.C. 360b, 
360ccc, 360ccc-1).
    \2\ Section 501(a)(2)(B) of the FD&C Act (21 U.S.C. 
351(a)(2)(B)), 21 CFR parts 210 and 211, and section 502(f)(1) of 
the FD&C Act (21 U.S.C. 352(f)(1)).
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    To assist respondents in understanding FDA's current thinking about 
animal drug compounding from bulk substances, our Center for Veterinary 
Medicine developed GFI #256 entitled ``Compounding Animal Drugs from 
Bulk Drug Substances'' (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cvm-gfi-256-compounding-animal-drugs-bulk-drug-substances">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cvm-gfi-256-compounding-animal-drugs-bulk-drug-substances</a>). The guidance describes circumstances under which 
FDA generally does not intend to take enforcement action against 
pharmacists and veterinarians who compound animal drugs from bulk drug 
substances.
    In the Federal Register of May 1, 2025 (90 FR 18665), we published 
a 60-day notice soliciting comment on the proposed collection of 
information. Three comments were submitted to the docket by various 
trade associations, however the first two were not responsive to the 
information collection topics solicited under 5 CFR 1320.8(d). Rather, 
the comments appeared to be proffered in accordance with our Good 
Guidance Practice regulations in 21 CFR 10.115 and we therefore refer 
the commenters to 21 CFR 10.115(f) regarding how the public may 
participate in the development of FDA guidance documents. The third 
comment suggested improvements to increase the utility of Form FDA 
1932a, Veterinary Adverse Drug Reaction, Lack of Effectiveness, Or 
Product Defect Report, approved for use in OMB control no. 0910-0291, 
currently pending OMB review. We appreciate this comment and continue 
to make technological enhancements to our collection instruments as our 
limited resources allow. At the same, none of the comments offered an 
alternative estimate, and we therefore retain the estimate of burden 
for the information collection as communicated in our 60-day notice, 
which is as follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
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                                                  Number of
            Activity               Number of    responses per  Total annual      Average burden per       Total
                                  respondents    respondent      responses            response            hours
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Documenting rationales by               7,500           1,134     8,505,000  0.017 (1 minute)            144,585
 licensed veterinarian/
 pharmacist compounders in state-
 licensed pharmacies or Federal
 facilities.
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We base our estimate on our experience with the regulation of 
compounded animal drugs. Based on a review of the information 
collection since our last request for OMB approval, we have made no 
adjustments to our burden estimate.

    Dated: July 23, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-14226 Filed 7-28-25; 8:45 am]
BILLING CODE 4164-01-P


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