Title 21 — Food and DrugsRelease 119-73
§360ccc Conditional approval of new animal drugs for minor use and minor species and certain new animal drugs
Title 21 › Chapter CHAPTER 9— - FEDERAL FOOD, DRUG, AND COSMETIC ACT › Subchapter SUBCHAPTER V— - DRUGS AND DEVICES › Part Part F— - New Animal Drugs for Minor Use and Minor Species › § 360ccc
Summary
Allows a person to ask the Secretary (FDA) for a conditional OK to market a new animal drug in two cases: the drug is for a minor use or a minor species, or the drug treats a serious or life‑threatening condition or fills an unmet health need and proving full effectiveness would need especially hard studies. The FDA had to give more details about the second case by September 30, 2019. You cannot ask for conditional approval for a drug from a transgenic animal, file a duplicate application for the same drug and use, or use someone else’s application or data. Also, drugs that are antimicrobials cannot use the serious‑disease path. Starting October 1, 2018, applications must be sent electronically. An application must include safety reports, enough data to show a reasonable expectation of effectiveness, a conditional dose, estimates of how much the drug will be needed and sold each year, and a promise to finish full effectiveness studies within 5 years. The FDA has 180 days after filing to either issue a one‑year conditional approval or offer a hearing. Conditional approval lasts 1 year and can be renewed yearly up to 4 more years (a 5‑year total) unless the FDA finds problems. The FDA can refuse or withdraw conditional approval if new full approval is granted to someone else who can supply enough drug, if safety or effectiveness concerns arise, or if the applicant fails to show progress toward full approval. The drug label must say it is conditionally approved and that full proof of effectiveness is still pending, and it must include the application number. You cannot add new uses to a conditionally approved application. Applicants must submit all materials needed for full approval at least 180 days before the conditional approval ends or the conditional approval will stop. “Transgenic animal” means an animal whose genome was intentionally changed in a lab (including its offspring), but not an animal changed only by selective breeding. The FDA’s authority to give conditional approval for drugs that are not for a minor use or minor species ends on October 1, 2028. After that date the FDA cannot accept new applications under that path, but it can keep working on drugs that were already conditionally approved and can accept full approval applications for those drugs until October 1, 2032.
Full Legal Text
Title 21, §360ccc
Food and Drugs — Source: USLM XML via OLRC
(a)(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 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 (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 except section 360b(b)(1)(A) of this title;
(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 (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 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)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)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 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;
(d)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, and is likely to be able to fulfill those requirements and obtain an approval under section 360b of this title 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, 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 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)].
(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)(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 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 are applicable.
(f)(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.
(g)A conditionally approved new animal drug application may not be amended or supplemented to add indications for use.
(h)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 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 if the Secretary finds that none of the grounds for denying approval specified in section 360b(d)(1) of this title applies, or
(2)give the applicant an opportunity for a hearing before the Secretary under section 360b(d) of this title on the question whether such application can be approved.
(i)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)In this section and section 360ccc–1 of this title, 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)(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).
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Controlled Substances Act, referred to in subsec. (d)(4)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 801 of this title and Tables.
Amendments
2018—Pub. L. 115–234, § 304(a)(1), substituted “species and certain new animal drugs” for “species” in section catchline. Subsec. (a)(1). Pub. L. 115–234, § 304(a)(2)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Except as provided in paragraph (3) of this section, any person may file with the Secretary an application for conditional approval of a new animal drug intended for a minor use or a minor species. Such an application may not be a supplement to an application approved under section 360b of this title. Such application must comply in all respects with the provisions of section 360b of this title except section 360b(a)(4), 360b(b)(2), 360b(c)(1), 360b(c)(2), 360b(c)(3), 360b(d)(1), 360b(e), 360b(h), and 360b(n) of this title unless otherwise stated in this section, and any additional provisions of this section. New animal drugs are subject to application of the same safety standards that would be applied to such drugs under section 360b(d) of this title (including, for antimicrobial new animal drugs, with respect to antimicrobial resistance).” Subsec. (a)(3). Pub. L. 115–234, § 304(a)(2)(B), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), and added subpar. (B). Subsec. (a)(4). Pub. L. 115–234, § 301(b), added par. (4). Subsec. (f)(1). Pub. L. 115–234, § 304(a)(3)(A), inserted “for the conditionally approved use” after “shall” in introductory provisions. Subsec. (f)(2). Pub. L. 115–234, § 304(a)(3)(B), substituted “The Secretary shall, through regulation or guidance, determine under what conditions an intended use” for “An intended use” and “may be included” for “shall not be included”. Subsec. (k). Pub. L. 115–234, § 304(a)(4), added subsec. (k). 2015—Subsec. (d)(4). Pub. L. 114–89 added par. (4).
Statutory Notes and Related Subsidiaries
Findings Pub. L. 108–282, title I, § 102(a), Aug. 2, 2004, 118 Stat. 891, provided that: “Congress makes the following findings: “(1) There is a severe shortage of approved new animal drugs for use in minor species. “(2) There is a severe shortage of approved new animal drugs for treating animal diseases and conditions that occur infrequently or in limited geographic areas. “(3) Because of the small market shares, low-profit margins involved, and capital investment required, it is generally not economically feasible for new animal drug applicants to pursue approvals for these species, diseases, and conditions. “(4) Because the populations for which such new animal drugs are intended may be small and conditions of animal management may vary widely, it is often difficult to design and conduct studies to establish drug safety and effectiveness under traditional new animal drug approval processes. “(5) It is in the public interest and in the interest of animal welfare to provide for special procedures to allow the lawful use and marketing of certain new animal drugs for minor species and minor uses that take into account these special circumstances and that ensure that such drugs do not endanger animal or public health. “(6) Exclusive marketing rights for clinical testing expenses have helped encourage the development of ‘orphan’ drugs for human use, and comparable incentives should encourage the development of new animal drugs for minor species and minor uses.”
Regulations
Pub. L. 108–282, title I, § 102(b)(6), Aug. 2, 2004, 118 Stat. 905, provided that: “On the date of enactment of this Act [Aug. 2, 2004], the Secretary of Health and Human Services shall implement section 571 and 573 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360ccc, 360ccc–2] and subsequently publish implementing
Regulations
. Not later than 12 months after the date of enactment of this Act, the Secretary shall issue proposed
Regulations
to implement section 573 of the Federal Food, Drug, and Cosmetic Act (as added by this Act), and not later than 24 months after the date of enactment of this Act, the Secretary shall issue final
Regulations
implementing section 573 of the Federal Food, Drug, and Cosmetic Act. Not later than 18 months after the date of enactment of this Act, the Secretary shall issue proposed
Regulations
to implement section 572 of the Federal Food, Drug, and Cosmetic Act (as added by this Act) [21 U.S.C. 360ccc–1], and not later than 36 months after the date of enactment of this Act, the Secretary shall issue final
Regulations
implementing section 572 of the Federal Food, Drug, and Cosmetic Act. Not later than 30 months after the date of enactment of this Act, the Secretary shall issue proposed
Regulations
to implement section 571 of the Federal Food, Drug, and Cosmetic Act (as added by this Act), and not later than 42 months after the date of enactment of this Act, the Secretary shall issue final
Regulations
implementing section 571 of the Federal Food, Drug, and Cosmetic Act. These timeframes shall be extended by 12 months for each fiscal year, in which the funds authorized to be appropriated under subsection (i) [no subsection (i) of section 102 has been enacted] are not in fact appropriated.”
Reference
Citations & Metadata
Citation
21 U.S.C. § 360ccc
Title 21 — Food and Drugs
Last Updated
Apr 6, 2026
Release point: 119-73