[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR113.3]

[Page 588-590]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 113--STANDARD REQUIREMENTS--Table of Contents
 
Sec. 113.3  Sampling of biological products.

    Each licensee and permittee shall furnish representative samples of 
each serial or subserial of a biological product manufactured in the 
United States or imported into the United States as prescribed in this 
section. Additional samples may be purchased in the open market by a 
Animal and Plant Health Inspection Service representative.
    (a) Either an employee of the Department of Agriculture, of the 
licensee, or of the permittee, as designated by the Administrator shall 
select prerelease samples of biological product in the number prescribed 
in paragraph (b) of this section. Each sample shall be marked for 
identification by the person making the selection after which they shall 
be packaged by the licensee or permittee, as the case may be, and 
forwarded to National Veterinary Services Laboratories; except that an 
employee of the Department may forward or deliver the samples to 
National Veterinary Services Laboratories if such action deemed 
advisable by the Administrator.
    (1) Selection shall be made as follows:
    (i) Nonviable liquid biological products--either bulk or final 
container samples of completed product shall be selected for purity, 
safety, or potency tests. Biological product in final container shall be 
selected to test for viable bacteria and fungi.
    (ii) Viable liquid biological products; samples shall be in final 
containers and shall be randomly selected at the end of the filling 
operation. Bulk containers of completed product may be sampled when 
authorized by the Administrator.
    (iii) Desiccated biological products; samples shall be in final 
containers and shall be randomly selected if desiccated in the final 
container. Biological products desiccated in bulk shall be sampled at 
the end of the filling operation.
    (iv) Representative samples of each serial or subserial in each 
shipment of imported biological products shall be selected.
    (2) Comparable samples shall be used by Animal and Plant Health 
Inspection Service, the licensee, and the permittee for similar tests.
    (3) When bulk samples of completed product in liquid form are to be 
tested as prescribed in paragraph (a)(1) of this section, the number of 
such samples from each serial and the minimum quantity of product to be 
provided in each sample shall be stated in the filed Outline of 
Production.
    (b) Unless otherwise prescribed by the Administrator, the number of 
final container samples to be selected from each serial and subserial 
shall be:
    (1) Vaccines:

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    (i) Six multiple-dose samples of Brucella Abortus Vaccine;
    (ii) Twelve samples of all other live bacterial vaccines;
    (iii) Two samples of Coccidiosis Vaccine;
    (iv) Eighteen samples of Rabies Vaccine, Modified Live Virus;
    (v) Sixteen samples of all other vaccines consisting of live 
microorganisms;
    (vi) Thirty single-dose or 14 multiple-dose samples of Equine 
Encephalomyelitis Vaccine, Killed Virus;
    (vii) Twenty-two single-dose or 14 multiple-dose samples of Rabies 
Vaccine, Killed Virus;
    (viii) Sixteen single-dose or 12 multiple-dose samples of all other 
vaccines consisting of killed microorganisms.
    (2) Bacterins and bacterin-toxoids:
    (i) Twelve samples of single-fraction products;
    (ii) Thirteen samples of two-fraction products;
    (iii) Fourteen samples of products consisting of 3 or more 
fractions.
    (3) Antiserums: Twelve samples of antiserum recommended for large 
animals or 14 samples of antiserum recommended for small animals or the 
number of reagent serum samples prescribed in the filed Outline of 
Production for the product.
    (4) Antitoxins:
    (i) Fourteen single-dose or 12 multiple dose samples of Tetanus 
Antitoxin;
    (ii) Twelve samples of all other antitoxins.
    (5) Toxoids:
    (i) Eighteen single-dose or 12 multiple dose samples of all toxoids.
    (6) Antigens: Twelve samples of poultry antigens or 20 samples of 
tuberculin or four samples of all other diagnostic antigens.
    (7) Diagnostic test kits: Two samples of diagnostic test kits. The 
licensee or permittee will hold one of these selected samples at the 
storage temperature recommended on the label while awaiting a request by 
the animal and Plant Health Inspection Service to submit the additional 
sample. If submission is not requested by the Animal and Plant Health 
Inspection Service, the additional sample may be returned to the serial 
inventory after the serial is released. In the case of diagnostic test 
kits in which final packaging consists of multiple microtiter test 
plates or strips, the licensee or permittee may submit a specified 
number of test plates or strips along with all other test reagents as 
prescribed in a filed Outline of Production and retain a similar amount 
as a second sample for submission upon request. When the initial sample 
is not representative of final packaging by the licensee of permittee, 
e.g., does not consist of all the microtiter test plates or strips, the 
second sample is not eligible to be returned to serial inventory after 
the serial is released.
    (8) Autogenous biologics: Ten samples shall be selected from each 
serial of autogenous biologic that exceeds 50 containers. No samples, 
other than those required by paragraph (e) of this section, are required 
for a serial of autogenous biologic with 50 or fewer containers.
    (9) Miscellaneous: The number of samples from products not in the 
categories provided for in paragraphs (b)(1) through (b)(8) of this 
section shall be prescribed in the filed Outline of Production for the 
product.
    (c) Prelicensing and Outline of Production changes: Samples needed 
to support a license application or a change in the Outline of 
Production for a licensed product shall be submitted only upon request 
from the animal and Plant Health Inspection Service. Except for 
miscellaneous products specified in paragraph (b)(9) of this section, 
the number of such samples shall be at least one and one-half times the 
number prescribed for such product in paragraph (b) of this section. 
Samples of Master Seeds and Master Cell Stocks with a minimum individual 
volume of 1 ml shall be submitted as follows:
    (1) Ten samples of Bacterial Master Seeds.
    (2) Thirteen samples of viral Master Seeds or nonviral Master Seeds 
requiring cell culture propagation. For Master Seeds isolated or passed 
in a cell line different from the species of intended use, an additional 
2 samples are required for each additional species. For Master Seeds 
grown in cell culture and intended for use in more than one

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species, an additional 2 samples are required for each additional 
species.
    (3) Thirty-six samples of at least 1 ml each or six samples of at 
least 1 ml each, one sample of at least 20 ml, and one sample of at 
least 10 ml of Master Cell Stocks. In the case of Master Cell Stocks 
which are persistently infected with a virus, an additional four samples 
of at least 1 ml each are required. If these persistently infected cell 
stocks are intended for use in more than one species, an additional two 
samples of at least 1 ml each are required for each additional species.
    (4) Four samples of the Master Cell Stock + n (highest passage) 
cells.
    (d) Sterile diluent: A sample of Sterile Diluent shall accompany 
each sample of product, other than Marek's Disease Vaccine, if such 
diluent is required to rehydrate or dilute the product before use. The 
volume of diluent shall be an appropriate amount to rehydrate or dilute 
the product. Samples of Sterile Diluent prepared for use with Marek's 
Disease Vaccine shall be submitted upon request from the Animal and 
Plant Health Inspection Service.
    (e) Reserve samples shall be selected from each serial and subserial 
of biological product. Such samples shall be selected at random from 
final containers of completed product by an employee of the Department, 
of the licensee, or of the permittee, as designated by the 
administrator. Each sample shall:
    (1) Consist of 5 single-dose packages, 2 multiple-dose packages, or 
2 diagnostic test kits, except that, in the case of diagnostic test kits 
in which final packaging consists of multiple microtiter test plates or 
strips, a sample may consist of a specified number of test plates or 
strips along with all other test reagents as prescribed in a filed 
Outline of Production;
    (2) Be adequate in quantity for appropriate examination and testing;
    (3) Be truly representative and in final containers;
    (4) Be held in a special compartment set aside by the licensee or 
permittee for holding these samples under refrigeration at the storage 
temperature recommended on the labels for 6 months after the expiration 
date stated on the labels. The samples that are stored in this manner 
shall be delivered to the Animal and Plant Health Inspection Service 
upon request.

(Approved by the Office of Management and Budget under control number 
0579-0013)

[38 FR 29886, Oct. 30, 1973, as amended at 40 FR 758, Jan. 3, 1975; 40 
FR 49768, Oct. 24, 1975; 41 FR 56627, Dec. 29, 1976; 48 FR 9506, Mar. 7, 
1983; 48 FR 57473, Dec. 30, 1983; 50 FR 21799, May 29, 1985; 56 FR 
66784, Dec. 26, 1991; 60 FR 14356, Mar. 17, 1995]