94-21279. Bovine-Derived Materials; Agency Letters to Manufacturers of FDA- Regulated Products  

  • [Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-21279]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 29, 1994]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
     
    
    Bovine-Derived Materials; Agency Letters to Manufacturers of FDA-
    Regulated Products
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Notice.
    
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    SUMMARY: The Food and Drug Administration (FDA) is publishing the texts 
    of four letters it recently issued to manufacturers of FDA-regulated 
    products requesting that bovine-derived materials from certain cattle 
    not be used in the manufacture of FDA-regulated products intended for 
    humans or animals. FDA believes that bovine spongiform encephalopathy 
    (BSE), a neurological disease of bovine animals, is a concern in the 
    manufacture of FDA-regulated products. FDA believes that precautionary 
    measures will reduce potential risk of exposure to, or transmission of, 
    the agents that cause BSE in cattle. FDA is publishing the texts of the 
    four letters at the end of this document in addition to mailing them 
    directly to manufacturers.
    
    FOR FURTHER INFORMATION CONTACT:
        For dietary supplements and cosmetics: Elisa L. Elliot, Center for 
    Food Safety and Applied Nutrition (HFS-22), Food and Drug 
    Administration, 200 C St. SW., Washington, DC 20204, 202-205-5140.
        For medical devices: Kiki B. Hellman, Center for Devices and 
    Radiological Health (HFZ-113), Food and Drug Administration, 5600 
    Fishers Lane, Rockville, MD 20857, 301-443-7158.
        For human drugs: Gayle R. Dolechek, Center for Drug Evaluation and 
    Research (HFD-335), Food and Drug Administration, 7520 Standish Pl., 
    Rockville, MD 20855, 301-594-0104.
        For biological products: Timothy W. Beth, Center for Biologics 
    Evaluation and Research (HFM-635), Food and Drug Administration, 1401 
    Rockville Pike, Rockville, MD 20852-1448, 301-594-3074.
        For veterinary drugs: William C. Keller, Center for Veterinary 
    Medicine (HFV-210), Food and Drug Administration, 7500 Standish Pl., 
    Rockville, MD 20855, 301-594-1722.
        For animal feeds: John P. Honstead, Center for Veterinary Medicine 
    (HFV-222), Food and Drug Administration, 7500 Standish Pl., Rockville, 
    MD 20855, 301-594-1728.
        For information on countries with BSE: Harvey Kryder, U.S. 
    Department of Agriculture, Animal and Plant Health Inspection Service, 
    Federal Bldg., rm. 757, 6506 Belcrest Rd., Hyattsville, MD 20782, 301-
    436-7885.
    
    SUPPLEMENTARY INFORMATION: FDA has recently issued four letters 
    requesting that bovine-derived materials from cattle that have resided 
    in, or originated from, countries designated by the U.S. Department of 
    Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), 
    as countries where BSE exists, not be used in the manufacture of FDA-
    regulated products intended for humans or animals. A letter dated 
    November 9, 1992, was issued to manufacturers of dietary supplements. A 
    letter dated December 17, 1993, was issued to manufacturers of human 
    drugs, biologics, and medical devices. (With respect to the December 17 
    letter, the agency has subsequently clarified that FDA does not object 
    to the use of bovine-derived materials from BSE-countries in the 
    manufacture of pharmaceutical grade gelatin at this time.) A letter 
    dated August 17, 1994, was issued to manufacturers of FDA-regulated 
    products for animals. A letter dated August 17, 1994, was issued to 
    manufacturers and importers of dietary supplements and cosmetics.
        BSE is a neurological disease of bovine animals. USDA has 
    regulations that prohibit and restrict the importation of certain 
    animal products and animal byproducts from ruminants that have been in 
    countries where BSE exists. These countries are designated by USDA and 
    listed in 9 CFR 94.18.
        The BSE agent is extremely resistant to traditional forms of 
    processing and sterilization. The disease was first identified in 1986. 
    Since that time, over 100,000 cattle in Great Britain have either died 
    or been destroyed as a result of BSE infection. At the present time, 
    BSE is not known to exist in the United States. The disease is not 
    known to be contagious by direct transmission.
        BSE is a neurological disease classified as a transmissible 
    spongiform encephalopathy (TSE), and is similar to other TSE's such as 
    scrapie in sheep and Creutzfeldt-Jakob disease (CJD) in humans. Its 
    continued spread within countries where BSE exists appears to be 
    through the use of feed containing protein and other products from 
    ruminants infected with BSE. In the United Kingdom, scrapie in sheep 
    has been epidemiologically associated with the occurrence of BSE in 
    cattle. Scrapie in sheep is known to have existed in Britain, Ireland, 
    France, and Germany for over 200 years and has been observed in the 
    United States and Canada for about 50 years. Because FDA cannot 
    positively rule out a direct association between scrapie and BSE, FDA 
    is proposing elsewhere in this issue of the Federal Register to 
    prohibit the use in ruminant feed of specified offal from adult sheep 
    and goats.
        CJD is a rare neurological disease of humans that has similarities 
    to BSE in cattle. The cause of CJD is unknown except in a few cases of 
    specific genetic mutations and iatrogenic CJD in the case of CJD-
    contaminated growth hormone injections, dura mater grafts, and corneal 
    transplants. Even though there is no direct evidence supporting an 
    association between BSE and human disease, FDA believes that it is 
    prudent to reduce any potential risk of human exposure to the BSE 
    agent.
        The purpose in issuing these four letters is to request that 
    bovine-derived materials from cattle that have resided in or originated 
    from USDA-designated BSE countries not be used in the manufacture of 
    FDA-regulated products intended for humans or animals. Meat (i.e., 
    skeletal muscle) is not covered by these letters. For guidance on 
    importation of meat and other USDA-regulated products, refer to Title 9 
    of the Code of Federal Regulations.
        The text of the November 9, 1992, letter to manufacturers of 
    dietary supplements follows:
    November 9, 1992
    Dear Manufacturer of Dietary Supplements:
        In a series of recent meetings, representatives of the dietary 
    supplement industry have suggested that if FDA has concerns 
    involving dietary supplement products, it should communicate its 
    concerns directly to the industry. We agree that this is a 
    reasonable and appropriate suggestion. Therefore, I wish to bring a 
    matter of some importance to FDA to your attention. I would like to 
    share with you FDA's concerns regarding the marketing of certain 
    nutritional supplements. We have become aware that some supplements 
    contain brain, nervous tissue, or glandular materials from a variety 
    of animal species, including bovine (oxen, beef) and ovine (sheep) 
    species. We are concerned that some amount of these materials may 
    have come from countries experiencing Bovine Spongiform 
    Encephalopathy (BSE) in the case of bovine tissues, or scrapie in 
    the case of ovine tissues.
        As you may know, BSE is an infectious neurologic disorder of 
    cattle, and is prevalent in certain parts of the world (``BSE 
    countries''). Scrapie is a spongiform encephalopathy of sheep, and 
    is a disease that is endemic in many parts of the world, including 
    the United States. It is believed that the rapid spread of BSE among 
    animals in Great Britain was caused by inadequately rendered, 
    scrapie agent-containing material being fed to cattle. Thus, it is 
    suggested that BSE is the clinical manifestation of scrapie in 
    cattle. It is further suggested that cattle became infected by the 
    orogastric route. Both scrapie and BSE are classified as 
    transmissible spongiform encephalopathies. The causal agent is 
    unknown, but suspected to be an agent known variously as ``prion,'' 
    ``virino,'' ``unconventional virus,'' or ``slow virus.'' That these 
    agents can infect across species, and infect primates, has been 
    demonstrated repeatedly in laboratory studies.
        Although cases are rare, spongiform encephalopathies can affect 
    humans, most notably, Creutzfeldt-Jakob Disease (CJD). CJD is a rare 
    disease, its incidence being about 1 case per million population. It 
    is 100% fatal. Human-to-human transmission by iatrogenic means 
    (e.g., contaminated neurosurgical instruments, corneal and dura 
    mater implants, human growth hormone injections) has been 
    documented. The possibility of transmission of animal spongiform 
    encephalopathy agents to humans from consumption of animal brains 
    from a variety of species, such as squirrel, goat, sheep, and hogs, 
    and from consumption of sheep's eyeballs has been examined in the 
    past. Although proof of such dietary transmission is lacking, some 
    suspicions remain. The rarity of the disease, coupled with what is 
    believed to be a long onset time (median - 13 years), make more 
    precise epidemiological studies extremely difficult. Additionally, 
    there may be a genetic or other susceptibility in some individuals.
        FDA has recently been involved in investigating a consumer 
    complaint involving a confirmed case of CJD. It is standard 
    procedure for FDA to follow-up on all consumer complaints involving 
    death or serious injury. In the course of this investigation, FDA 
    learned that the woman had taken a bovine tissue-containing dietary 
    supplement. Although, at the present there is no basis to conclude 
    that this supplement played any role in causing this disease, FDA 
    and NIH have decided that it is prudent to further investigate this 
    matter. Therefore, both agencies have begun to conduct cooperative 
    studies to determine whether nutritional supplements containing 
    brain, nervous tissue or glandular materials from bovine and ovine 
    species might be linked to human spongiform encephalopathies.
        In 1991, the United States Department of Agriculture published a 
    rule (9 CFR 95.4) which prohibits imports of various tissues and 
    organs from ruminants in countries where BSE exists. Similar 
    prohibitions have been in place for scrapie for many years. The 
    concern addressed by the rules was that BSE - or scrapie-containing 
    materials may find their way into cattle or sheep in the U.S. 
    Nevertheless, FDA feels that the principle embodied in the USDA rule 
    is an appropriate standard for tissues, organs, glands, and 
    processed extracts from these articles insofar as they may be used 
    for human food, including in supplement form.
        FDA is requesting that you investigate the source of your neural 
    and glandular tissue(s) or tissue extracts of bovine or ovine 
    species to determine if they are being produced in known BSE 
    countries or from flocks in which scrapie may be present. We would 
    recommend that you reformulate your products using neural or 
    glandular tissues that you are assured are BSE or scrapie free. We 
    suggest within the next two months, that you gather information and 
    determine the source of bovine or ovine materials used in your 
    product(s). If you use bovine-derived materials in your product(s), 
    we suggest that you develop a plan to assure, with a high degree of 
    certainty, that there is no possibility that materials of bovine 
    origin are being supplied by BSE countries, either directly or 
    indirectly. If you use ovine materials in your product(s), we 
    suggest that you also develop a similar plan for assuring that these 
    tissues are from scrapie-free animals. We fully recognize that there 
    is no proven link between BSE or scrapie, and human disease, but 
    given the devastating consequences of human spongiform 
    encephalopathies such as CJD, we believe that our request is a 
    prudent step at this time.
        FDA requests that you communicate your plan(s) to us once you 
    have developed them. We recognize that the steps you take to secure 
    the assurances you need from exporting countries may be difficult, 
    but we are certain you will agree with us that they are desirable.
        If you need any additional information or guidance, please 
    contact Dr. Douglas L. Archer, Deputy director, Center for Food 
    Safety and Applied Nutrition at 202-205-4057. We appreciate you 
    cooperation and attention to this matter.
        Sincerely,
        Fred R. Shank, Ph.D.
        Director
        Center for Food Safety and Applied Nutrition
        The text of the December 17, 1993, letter to manufacturers of 
    drugs, biological drugs, medical devices, and biological device 
    products follows:
    
        December 17, 1993
        TO: Manufacturers of FDA-regulated Products
        The Food and Drug Administration (FDA, the Agency) is issuing 
    this letter to request that bovine-derived materials from cattle 
    which have resided in or originated from countries where Bovine 
    Spongiform Encephalopathy (BSE) has been diagnosed not be used in 
    the manufacture of FDA-regulated products intended for 
    administration to humans. We are advising you of our current 
    recommendations pertaining to the use of such bovine-derived 
    products.
        FDA is providing the following information to explain why the 
    Agency thinks that an animal disease (such as BSE) may potentially 
    be a concern in the manufacture of FDA-regulated products intended 
    for administration to humans. BSE has been reported for more than 
    109,000 cattle in the United Kingdom [Fall, 1993 quarterly report of 
    the Ministry of Agriculture, Fisheries, and Food (MAFF)], and to a 
    much lesser extent in other European countries. This neurological 
    disease is a transmissible spongiform encephalopathy (TSE), and is 
    similar to other TSEs such as scrapie in sheep and Creutzfeldt-Jakob 
    Disease (CJD) in humans. The spongiform encephalopathies are 
    uniformly fatal, and no rapid diagnostic test for infection in 
    living animals (or humans) is currently available. Iatrogenic 
    transmissions of CJD from both pituitary-derived human growth 
    hormone (somatotropin) and dura mater\1\ have been reported. 
    Research projects into the exact nature of both the BSE agent and 
    other spongiform encephalopathy agents, host range, patterns of 
    pathogenicity, and development of rapid antemortem diagnostic tests 
    are ongoing. Available scientific information indicates that these 
    agents are extremely resistant to inactivation by normal 
    disinfection or sterilization procedures. The list of countries 
    where BSE is known to exist (BSE-countries) is maintained by the 
    United States Department of Agriculture (USDA). Countries listed in 
    the Federal Register on December 6, 1991 (56 FR 63865 through 63870) 
    include France, Great Britain (includes the Falkland Islands), 
    Northern Ireland, the Republic of Ireland, Oman, and Switzerland.
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        \1\Brown P, Preece MA, Will RG. ``Friendly fire in medicine: 
    hormones, homografts, and Creutzfeldt-Jakob disease''. Lancet 
    1992:340:24-27.
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        While transmission of the causative agent of BSE to humans has 
    not been reported to date, FDA considers the recommendations below 
    to be prudent at this time to further reduce any potential risk of 
    exposure or transmission of a BSE-agent to humans by FDA- regulated 
    products.
        The Agency notes that regulated products intended for 
    administration to humans and manufactured with bovine-derived 
    materials derived from cattle that have at any time been in BSE-
    countries may be adulterated under Section 501(a)(2)(B) of the 
    Federal Food, Drug, and Cosmetic Act (the Act), for drugs and 
    biological drug products; or Section 501(h) of the Act, for medical 
    devices and biological device products. The Agency is considering 
    rulemaking to restrict the use of bovine-derived materials from BSE-
    countries. At this time, FDA recommends that bovine-derived 
    materials from BSE-countries not be used in the manufacture of FDA-
    regulated products.
        The Agency is providing the following suggestions to prevent the 
    use of bovine-derived materials from cattle which have resided in or 
    originated from BSE-countries. FDA recommends that manufacturers:
        a. identify bovine-derived materials used in the regulated 
    product and identify all countries where the animals used for the 
    material have lived. This information may be provided to the 
    regulated-product manufacturer by the supplier of the bovine 
    product. The supplier may also provide the manufacturer with 
    appropriate veterinary regulatory inspection certification of 
    slaughter, as required by the country of origin of live animals.
        b. maintain traceable records for each lot of bovine material 
    and each lot of FDA-regulated product using these materials. These 
    records should be part of the batch records, and available for FDA 
    inspection.
        c. document the country of origin of the live animal source of 
    any bovine-derived materials used in the manufacture of the 
    regulated product. Documentation should be maintained for any new or 
    in-process lots of licensed, cleared, or approved products; products 
    pending clearance or approval; and investigational products intended 
    to be administered to humans. Such documentation should be a part of 
    the traceable records maintained in conjunction with batch 
    production records, and such information should be available for 
    review during FDA inspections.
        d. maintain copies of the records identified above for FDA-
    regulated products that are manufactured with bovine-derived 
    materials at foreign sites, or by the foreign manufacturers. The 
    U.S. firms responsible for marketing these products should be 
    responsible for these records. Manufacturers of products subject to 
    licensure should maintain records at the site of manufacture.
        The Agency recommends that the information identified above be 
    obtained for all currently approved, cleared, or licensed products, 
    pending or approvable products, and investigational products.
        Some manufacturers of FDA-regulated products may have already 
    provided some of this information in applications to the USDA for 
    permits to import certain animal products into the United States. In 
    some instances, copies of these applications and permits may contain 
    some of the information that the FDA is requesting. FDA suggests 
    that this information be documented, recorded, and maintained for 
    all bovine-derived products currently manufactured or marketed in 
    the U.S. This information should be available for FDA inspection.
        If you have any questions regarding the above items please 
    contact the appropriate center as follows:
        Center for Devices and Radiological Health: 301-594-4692 ext. 
    158
        Center for Drug Evaluation and Research: 301-594-0054
        Center for Biologics Evaluation and Research--contact the 
    Application Division in the CBER Office responsible for the 
    regulation of your product. These Offices are:
        Office of Vaccines Research and Review 301-594-2090
        Office of Therapeutics Research and Review 301-594-5109
        Office of Blood Research and Review 301-594-2012
        Regulated-product manufacturers are referred to the USDA for 
    current information and countries on the ``BSE-list''. Additional 
    information and regulations concerning bovine spongiform 
    encephalopathy (BSE) and affected animals may be obtained from the 
    open veterinary literature and the United States Department of 
    Agriculture (see 9 CFR 94.18).
        Sincerely yours,
        Jane E. Henney, M.D.
        Deputy Commissioner for Operations
        The text of the August 17, 1994, letter to manufacturers of FDA-
    regulated products for animals follows:
        August 17, 1994
        To: Manufacturers of FDA-regulated products for animals
        The Food and Drug Administration is issuing this letter to 
    request that bovine-derived materials from cattle which have resided 
    in, or originated from, countries designated as bovine spongiform 
    encephalopathy (BSE) countries by United States Department of 
    Agriculture (USDA), Animal and Plant Health Inspection Service, not 
    be used in the manufacture of FDA-regulated products (drugs and 
    feed) intended for animals. FDA believes that this action is 
    necessary to prevent the occurrence of BSE in U.S. cattle. Meat 
    (i.e., skeletal muscle) is not covered by this letter. For guidance 
    on importation of meat and other USDA-regulated products, refer to 
    Title 9 of the Code of Federal Regulations.
        FDA is providing the following information to explain why the 
    Agency thinks that BSE may potentially be a concern in the 
    manufacture of FDA-regulated products intended for administration to 
    animals. BSE has been identified in more than 100,000 cattle in the 
    United Kingdom and to a much lesser extent in other European 
    countries. BSE has not been diagnosed in the U.S. This neurological 
    disease is a transmissible spongiform encephalopathy (TSE), and is 
    similar to other TSE's such as scrapie in sheep and Creutzfeldt-
    Jakob Disease (CJD) in humans. The spongiform encephalopathies are 
    uniformly fatal and no rapid diagnostic test for infection in living 
    animals is currently available. A range of research projects into 
    the exact nature of both the BSE agent and other TSE agents, host 
    range, patterns of pathogenicity, and development of rapid ante 
    mortem diagnostic tests is ongoing. Available scientific information 
    indicates that these agents are extremely resistant to inactivation 
    by normal disinfection or sterilization procedures. The list of 
    countries where BSE is known to exist is maintained by the USDA and 
    codified in Title 9, Code of Federal Regulations, Part 94.18.
        The Agency notes that products intended for animals and 
    manufactured with bovine-origin materials derived from cattle that 
    have, at any time, been in BSE countries may be adulterated under 
    Section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act. 
    The Agency is considering rulemaking to restrict the use of bovine-
    derived materials from BSE countries in the manufacture of FDA-
    regulated products for animals. At this time, we request that 
    bovine-derived materials from BSE countries not be used in the 
    manufacture of FDA-regulated products intended for animals.
        FDA considers the recommendations below to be prudent at this 
    time to further reduce any potential risk of exposure to, or 
    transmission of, a BSE agent to animals by FDA-regulated products.
        We recommend that manufacturers:
        a. Identify bovine-origin materials used in regulated products 
    for animals and identify all countries where the cattle used for the 
    material have lived. This information may be provided to the 
    regulated product manufacturer by the supplier of the bovine 
    material. The supplier may also provide the manufacturer with 
    appropriate veterinary regulatory inspection certification of 
    slaughter if already required by USDA for import from BSE countries 
    which verify the country of origin.
        b. Maintain traceable records for each lot of bovine-derived 
    material and each lot of FDA-regulated products intended for animals 
    that are manufactured using these materials. These records should be 
    part of the batch records and available for FDA inspection.
        c. Document the country of origin of the live animals for 
    bovine-origin materials used in the manufacture of any new or in-
    process lots of FDA-regulated products intended for animals. Such 
    documentation should be a part of the traceable records maintained 
    in conjunction with batch production records and such information 
    should be available for FDA inspection.
        d. Maintain copies of the appropriate records identified above 
    for FDA-regulated products intended for animals that are 
    manufactured with bovine-derived materials at foreign sites, or by 
    the foreign manufacturers. The U.S. firms responsible for marketing 
    these animal products should be responsible for these records. 
    Registered product manufacturers should maintain records at the site 
    of manufacture.
        The Agency recommends that the information identified above be 
    obtained and maintained for all FDA-regulated products intended for 
    animals.
        Some manufacturers of FDA-regulated products intended for 
    animals may have already provided some of this information in 
    applications to the USDA for permits to import certain bovine 
    materials into the U.S. In some instances, copies of these 
    applications and permits may contain some of the information 
    requested. We request that this information be documented, recorded, 
    and maintained for all bovine-origin materials for use in FDA-
    regulated products intended for animals currently manufactured or 
    marketed in the U.S. This information should be available for FDA 
    inspection.
        If you have any questions regarding the above items, please 
    contact the Center for Veterinary Medicine:
        For Veterinary Drugs: Dr. William Keller, Director, Division of 
    Surveillance, HFV-210, 7500 Standish Place, Rockville, Maryland 
    20855, 301-594-1722
        For Animal Feeds: Dr. John Honstead, Division of Animal Feeds, 
    HFV-222, 7500 Standish Place, Rockville, Maryland 20855, 301-594-
    1728
        Regulated product manufacturers are referred to the USDA for 
    current information and countries on its list of countries with BSE 
    in native animals. Additional information and regulations concerning 
    BSE and affected animals may be obtained from the USDA, Animal and 
    Plant Health Inspection Service (301-436-7830).
        Sincerely yours,
        Linda A. Suydam
        Interim Deputy Commissioner for Operations
        The text of the August 17, 1994, letter to manufacturers and 
    importers of dietary supplements and cosmetics follows:
        August 17, 1994
        To Manufacturers and Importers of Dietary Supplements:
        To Manufacturers and Importers of Cosmetics:
        The Food and Drug Administration (FDA) is recommending that 
    firms that manufacture or import dietary supplements and cosmetics 
    containing specific bovine tissues (see Appendix A) ensure that such 
    tissues do not come from cattle born, raised, or slaughtered in 
    countries where bovine spongiform encephalopathy (BSE) exists (BSE-
    countries). Extracts of these tissues and ingredients derived from 
    these tissues are also of concern. The recommended actions are 
    precautionary measures to reduce potential risk of human exposure 
    to, or transmission of, the agent which causes BSE in cattle.
        At this time, FDA is not extending the recommendation in this 
    letter to dairy products or gelatin, because available evidence does 
    not suggest transmission via these foods. Furthermore, meat (i.e., 
    skeletal muscle) is not covered by this letter. For guidance on 
    importation of meat and other products regulated by the United 
    States Department of Agriculture (USDA), refer to Title 9 of the 
    Code of Federal Regulations.
        The Agency is providing the following information to explain why 
    it believes that BSE may potentially be a concern with certain 
    dietary supplements and cosmetic products. BSE has been identified 
    in more than 100,000 cattle in the United Kingdom and, to a much 
    lesser extent, in several other countries. BSE has not been 
    diagnosed in the United States. This neurological disease is a 
    transmissible spongiform encephalopathy (TSE) and is similar to 
    other TSEs such as scrapie in sheep and Creutzfeldt-Jakob Disease 
    (CJD) in humans. The spongiform encephalopathies are uniformly fatal 
    and no rapid diagnostic test for infection in living animals or 
    humans is presently available. Current scientific information 
    indicates that the causative agent is extremely resistant to 
    inactivation by normal disinfection or sterilization procedures. A 
    range of research projects into the exact nature of both the BSE 
    agent and other TSE agents, host range, patterns of pathogenicity, 
    and development of rapid ante mortem diagnostic tests is ongoing.
        Since 1991, USDA has prohibited the importation into the U.S. of 
    certain tissues and organs from ruminants from countries where BSE 
    exists (BSE-countries; see 9 CFR 94.18). USDA's regulations are 
    intended to protect livestock in the United States from contracting 
    TSEs and address known or strongly suspected modes of transmission. 
    For the up-to-date listing of BSE-countries please contact USDA, 
    Animal and Plant Health Inspection Service (APHIS) at (301) 436-
    7830.
        The USDA regulations permit, under certain conditions, the 
    importation of some cosmetic ingredients (i.e., collagen, collagen 
    products, amniotic liquids or extracts, placental liquids or 
    extracts, serum albumin, and serocolostrum) derived from ruminants 
    from BSE-countries; see 9 CFR 95.4.
        The USDA regulations do not apply to imports of:
        * cosmetic products that are packaged and ready for sale;
        * bovine-derived materials intended for human consumption as 
    either finished dietary supplement products or for use as 
    ingredients in dietary supplements; or
        * human food (except meat, i.e., skeletal muscle).
        While documented transmission of the causative agents of BSE or 
    scrapie to humans has not been reported to date, the FDA wrote to 
    manufacturers of dietary supplements in November 1992, alerting them 
    to the developing concern about TSEs in animals and CJD in man. That 
    letter recommended that manufacturers voluntarily investigate the 
    geographic source(s) of any bovine or ovine material used in their 
    products (generally neural or glandular tissue or tissue extracts). 
    The Agency also suggested that each manufacturer develop a plan ``to 
    assure, with a high degree of certainty,'' that such materials are 
    not from BSE-countries, as identified by USDA's APHIS, or from 
    scrapie-infected sheep flocks, either foreign or domestic.
        FDA now considers further protective steps to be reasonable and 
    is restating and expanding its recommendation to manufacturers and 
    importers of dietary supplements and their ingredients, to develop 
    plans for ensuring, with a high degree of certainty, that specific 
    bovine-derived materials (see Appendix A) from BSE-countries are not 
    being used. The Agency is also recommending that manufacturers and 
    importers of cosmetic products and their ingredients develop the 
    same type of plans. FDA is not, at this time, recommending 
    restrictions on the use of ovine-derived materials in the 
    manufacture of dietary supplement and cosmetic products and 
    ingredients, as the epidemiological evidence now appears convincing 
    that scrapie is not related to TSEs in humans.
        FDA believes it is prudent to expand its recommendation to 
    cosmetics and cosmetic ingredients because extracts of listed 
    tissues, e.g. sphingolipids isolated from brain tissue and extracts 
    of bovine placenta, are used in cosmetics. Additionally, FDA is 
    unaware of data demonstrating that processing techniques used in the 
    manufacture of cosmetics will inactivate TSE agents. Further, little 
    is known about the potential human risk of transmission from topical 
    application of cosmetics containing TSE agents to intact, broken or 
    abraded skin.
        To assist manufacturers and importers whose products are within 
    the scope of this recommendation in developing their plans, the 
    following guidance is provided:
        a. To ensure that bovine-derived materials (listed in Appendix 
    A) used in the product(s) are from non BSE-countries, identify all 
    countries where the animals used were born, raised or slaughtered. 
    The supplier of the bovine-derived materials should provide the 
    necessary records.
        b. Maintain traceable records for each lot of bovine-derived 
    material and records of products containing the materials.
        c. Maintain records for those products manufactured at foreign 
    sites or by foreign manufacturers which contain bovine-derived 
    materials.
        The Agency recommends that manufacturers and importers of 
    dietarysupplements and cosmetic products and ingredients used in the 
    manufacture of these products develop their plans within the next 
    two months and notify the Agency, in writing, that their plans have 
    been developed. The designated contact is Dr. Elisa Elliot, Science 
    Policy Analyst, Executive Operations Staff, HFS-22, Center for Food 
    Safety and Applied Nutrition, FDA, 200 C Street, S.W., Washington, 
    DC, 20204 or FAX (202) 205-5025. FDA recommends that the plans be 
    implemented as soon after development as possible, and be available 
    for review by the Agency during inspections.
        The Agency is continuing to examine all available information 
    about TSEs and will provide additional guidance as necessary. If you 
    need more information please contact Dr. Elliot by telephone at 
    (202) 205-5140.
        We appreciate your attention to and cooperation in this matter.
        Sincerely,
        Linda A. Suydam
        Interim Deputy Commissioner for Operations
        Attachment
    
    Appendix A
    
    List of Tissues With Suspected Infectivity
    
    Category I (High infectivity)
         Brain
         Spinal cord
    Category II (Medium infectivity)
         Ileum
         Lymph nodes
         Proximal colon
         Spleen
         Tonsil
         Dura mater
         Pineal gland
         Placenta
         Cerebrospinal fluid
         Pituitary gland
         Adrenal gland
    Category III (Low infectivity)
         Distal colon
         Nasal mucosa
         Sciatic nerve
         Bone marrow
         Liver
         Lung
         Pancreas
         Thymus gland
        List taken from ``Report of a WHO Consultation on Public Health 
    Issues Related to Animal and Human Spongiform Encephalopathies,'' 
    World Health Organization, Office of International Epizootics, 
    Geneva, Switzerland, November 12-14, 1991.
    
        Dated: August 19, 1994.
    Linda A. Suydam,
    Interim Deputy Commissioner for Operations.
    [FR Doc. 94-21279 Filed 8-26-94; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Published:
08/29/1994
Department:
Food and Drug Administration
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-21279
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 29, 1994