[Code of Federal Regulations]
[Title 21, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR514.4]

[Page 65-67]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 514--NEW ANIMAL DRUG APPLICATIONS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  514.4  Substantial evidence.

    (a) Definition of substantial evidence. Substantial evidence means 
evidence consisting of one or more adequate and well-controlled studies, 
such as a study in a target species, study in laboratory animals, field 
study, bioequivalence study, or an in vitro study, on the basis of which 
it could fairly and reasonably be concluded by experts qualified by 
scientific training and experience to evaluate the effectiveness of the 
new animal drug involved that the new animal drug will have the effect 
it purports or is represented to have under the conditions of use 
prescribed, recommended, or suggested in the labeling or proposed 
labeling thereof. Substantial evidence shall include such adequate and 
well-controlled studies that are, as a matter of sound scientific 
judgment, necessary to establish that a new animal drug will have its 
intended effect.
    (b) Characteristics of substantial evidence--(1) Qualifications of 
experts. Any study that is intended to be part of substantial evidence 
of the effectiveness of a new animal drug shall be conducted by experts 
qualified by scientific training and experience.
    (2) Intended uses and conditions of use. Substantial evidence of 
effectiveness of a new animal drug shall demonstrate that the new animal 
drug is effective for each intended use and associated conditions of use 
for and under which approval is sought.
    (i) Dose range labeling. Sponsors should, to the extent possible, 
provide for a dose range because it increases the utility of the new 
animal drug by providing the user flexibility in the selection of a safe 
and effective dose. In general, substantial evidence to support dose 
range labeling for a new animal drug intended for use in the diagnosis, 
cure, mitigation, treatment, or prevention of disease must consist of at 
least one adequate and well-controlled study on the basis of which 
qualified experts could fairly and reasonably conclude that the new 
animal drug will be effective for the intended use at the lowest dose of 
the dose range suggested in the proposed labeling for that intended use. 
Substantial evidence to support dose range labeling for a new animal 
drug intended to affect the

[[Page 66]]

structure or function of the body of an animal generally must consist of 
at least one adequate and well-controlled study on the basis of which 
qualified experts could fairly and reasonably conclude that the new 
animal drug will be effective for the intended use at all doses within 
the range suggested in the proposed labeling for the intended use.
    (ii) [Reserved]
    (3) Studies--(i) Number. Substantial evidence of the effectiveness 
of a new animal drug for each intended use and associated conditions of 
use shall consist of a sufficient number of current adequate and well-
controlled studies of sufficient quality and persuasiveness to permit 
qualified experts:
    (A) To determine that the parameters selected for measurement and 
the measured responses reliably reflect the effectiveness of the new 
animal drug;
    (B) To determine that the results obtained are likely to be 
repeatable, and that valid inferences can be drawn to the target animal 
population; and
    (C) To conclude that the new animal drug is effective for the 
intended use at the dose or dose range and associated conditions of use 
prescribed, recommended, or suggested in the proposed labeling.
    (ii) Types. Adequate and well-controlled studies that are intended 
to provide substantial evidence of the effectiveness of a new animal 
drug may include, but are not limited to, published studies, foreign 
studies, studies using models, and studies conducted by or on behalf of 
the sponsor. Studies using models shall be validated to establish an 
adequate relationship of parameters measured and effects observed in the 
model with one or more significant effects of treatment.
    (c) Substantial evidence for combination new animal drugs--(1) 
Definitions. The following definitions of terms apply to this section:
    (i) Combination new animal drug means a new animal drug that 
contains more than one active ingredient or animal drug that is applied 
or administered simultaneously in a single dosage form or simultaneously 
in or on animal feed or drinking water.
    (ii) Dosage form combination new animal drug means a combination new 
animal drug intended for use other than in animal feed or drinking 
water.
    (iii) Antibacterial with respect to a particular target animal 
species means an active ingredient or animal drug: That is approved in 
that species for the diagnosis, cure, mitigation, treatment, or 
prevention of bacterial disease; or that is approved for use in that 
species for any other use that is attributable to its antibacterial 
properties. But, antibacterial does not include ionophores or arsenicals 
intended for use in combination in animal feed or drinking water.
    (iv) Appropriate concurrent use exists when there is credible 
evidence that the conditions for which the combination new animal drug 
is intended can occur simultaneously.
    (2) Combination new animal drugs that contain only active 
ingredients or animal drugs that have previously been separately 
approved.
    (i) For dosage form combination new animal drugs, except for those 
that contain a nontopical antibacterial, that contain only active 
ingredients or animal drugs that have previously been separately 
approved for the particular uses and conditions of use for which they 
are intended in combination, a sponsor shall demonstrate:
    (A) By substantial evidence, as defined in this section, that any 
active ingredient or animal drug intended only for the same use as 
another active ingredient or animal drug in the combination makes a 
contribution to the effectiveness of the combination new animal drug;
    (B) That each active ingredient or animal drug intended for at least 
one use that is different from all the other active ingredients or 
animal drugs used in the combination provides appropriate concurrent use 
for the intended target animal population; and
    (C) That the active ingredients or animal drugs are physically 
compatible and do not have disparate dosing regimens if FDA, based on 
scientific information, has reason to believe the active ingredients or 
animal drugs are physically incompatible or have disparate dosing 
regimens.
    (ii) For combination new animal drugs intended for use in animal 
feed

[[Page 67]]

or drinking water that contain only active ingredients or animal drugs 
that have previously been separately approved for the particular uses 
and conditions of use for which they are intended in combination, the 
sponsor shall demonstrate:
    (A) By substantial evidence, as defined in this section, that any 
active ingredient or animal drug intended only for the same use as 
another active ingredient or animal drug in the combination makes a 
contribution to the effectiveness of the combination new animal drug;
    (B) For such combination new animal drugs that contain more than one 
antibacterial ingredient or animal drug, by substantial evidence, as 
defined in this section, that each antibacterial makes a contribution to 
labeled effectiveness;
    (C) That each active ingredient or animal drug intended for at least 
one use that is different from all other active ingredients or animal 
drugs used in the combination provides appropriate concurrent use for 
the intended target animal population; and
    (D) That the active ingredients or animal drugs intended for use in 
drinking water are physically compatible if FDA, based on scientific 
information, has reason to believe the active ingredients or animal 
drugs are physically incompatible.
    (3) Other combination new animal drugs. For all other combination 
new animal drugs, the sponsor shall demonstrate by substantial evidence, 
as defined in this section, that the combination new animal 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 and that each active ingredient or animal drug contributes to 
the effectiveness of the combination new animal drug.

[64 FR 40756, July 28, 1999]