,,ii #aaeth ,,congress #b;d ,session ,s4 #bdcd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ae1 #bjah,mr4 ,alexander introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to reauthorize user fee programs relating to new animal drugs and generic new animal drugs4 #a4 ,short title ,this ,act may be cited as the ,animal ,drug and ,animal ,generic ,drug ,user ,fee ,amendments of #bjah4 #b4 ,table of contents2 references in ,act 7a7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents2 references in ,act4,title ,i--,fees relating to animal drugs,sec4 #aja4 ,short title2 finding4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,authority to assess and use animal drug fees4,sec4 #ajd4 ,reauthorization2 reporting requirements4,sec4 #aje4 ,savings clause4,sec4 #ajf4 ,effective date4,sec4 #ajg4 ,sunset dates4,title ,,ii--,fees relating to generic animal drugs,sec4 #bja4 ,short title2 finding4,sec4 #bjb4 ,authority to assess and use generic new animal drug fees4,sec4 #bjc4 ,reauthorization2 reporting requirements4,sec4 #bjd4 ,savings clause4,sec4 #bje4 ,effective date4,sec4 #bjf4 ,sunset dates4,title ,,iii--,miscellaneous provisions,sec4 #cja4 ,electronic submissions4,sec4 #cjb4 ,index of legally marketed unapproved new animal drugs for minor species4,sec4 #cjc4 ,misbranded drugs and devices4 7b7 ,references in ,act ,except as otherwise specified1 amendments made by this ,act to a section or other provision of law are amendments to such section or other provision of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 ,i ,fees relating to animal drugs #aja4 ,short title2 finding 7a7 ,short title ,this title may be cited as the ,animal ,drug ,user ,fee ,amendments of #bjah4 7b7 ,finding ,congress finds that the fees authorized by the amendments made in this title will be dedicated toward expediting the animal drug development process and the review of new and supplemental animal drug applications and investigational animal drug submissions as set forth in the goals identified for purposes of part #d of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 in the letters from the ,secretary of ,health and ,human ,services to the ,chairman of the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,chairman of the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate as set forth in the ,congressional ,record4 #ajb4 ,definitions ,section #gci 7#ba ,u4,s4,c4 #cgi;j-#aa7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 ,the term animal drug application means-- 7i7 an application for approval of any new animal drug submitted under section #eab7;b77#a72 or 7ii7 an application for conditional approval of a new animal drug submitted under section #ega4 7,b7 ,such term does not include either a new animal drug application submitted under section #eab7;b77#b7 or a supplemental animal drug application4 2 and 7#b7 in paragraph 7#h71 by adding at the end the following3 7,i7 ,the activities necessary for implementation of the ,united ,states and ,european ,union ,good ,manufacturing ,practice ,mutual ,inspection ,agreement with respect to animal drug products subject to review1 including implementation activities prior to and following product approval4 4 #ajc4 ,authority to assess and use animal drug fees 7a7 ,fee revenue amounts ,section #gdj7;b7 7#ba ,u4,s4,c4 #cgi;j-#ab7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #bjad and inserting #bjai2 and 7ii7 by striking #bc1fjj1jjj and inserting #cj1cca1bdj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #bjae through #bjah and inserting #bjbj through #bjbc2 and 7ii7 by striking #ba1fjj1jjj and inserting #bi1ica1bdj2 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking determined and inserting established4 7b7 ,annual fee setting2 adjustments 7#a7 ,inflation adjustment ,section #gdj7;c77#b7 7#ba ,u4,s4,c4 #cgi;j-#ab7;c77#b77 is amended-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,for fiscal year #bjae and inserting 7,a7 ,for fiscal year #bjbj2 and 7ii7 by inserting multiplying such revenue amounts by before an amount2 7,b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively2 7,c7 by striking the flush text at the end2 and 7,d7 by adding at the end the following new subparagraph3 7,b7 ,compounded basis ,the adjustment made each fiscal year after fiscal year #bjbj under this paragraph shall be applied on a compounded basis to the revenue amount calculated under this paragraph for the most recent previous fiscal year4 4 7#b7 ,workload adjustments ,paragraph 7#c7 of section #gdj7;c7 7#ba ,u4,s4,c4 #cgi;j-#ab7;c77 is amended to read as follows3 7#c7 ,workload adjustments 7,a7 ,in general ,for fiscal year #bjbj and subsequent fiscal years1 after the fee revenue amounts established under subsection 7b7 are adjusted for inflation in accordance with paragraph 7#b71 the fee revenue amounts shall be further adjusted for such fiscal year to reflect changes in the workload of the ,secretary for the process for the review of animal drug applications1 subject to subparagraphs 7,b7 and 7,c74 ,with respect to such adjustment-- 7i7 such adjustment shall be determined by the ,secretary based on a weighted average of the change in the total number of animal drug applications1 supplemental animal drug applications for which data with respect to safety or effectiveness are required1 manufacturing supplemental animal drug applications1 investigational animal drug study submissions1 and investigational animal drug protocol submissions submitted to the ,secretary2 and 7ii7 the ,secretary shall publish in the ,federal ,register the fees resulting from such adjustment and the supporting methodologies4 7,b7 ,reduction of workload-based increase by amount of certain excess collections ,for each of fiscal years #bjba through #bjbc1 if application of the workload adjustment under subparagraph 7,a7 increases the fee revenue amounts otherwise established for the fiscal year under subsection 7b71 as adjusted for inflation under paragraph 7#b71 such fee revenue increase shall be reduced by the amount of any excess collections1 as described in subsection 7g77#d71 for the second preceding fiscal year1 up to the amount of such fee revenue increase4 7,c7 ,rule of application ,under no circumstances shall the workload adjustments under this paragraph result in fee revenues for a fiscal year that are less than the fee revenues for that fiscal year established under subsection 7b71 as adjusted for inflation under paragraph 7#b74 4 7#c7 ,final year adjustment ,section #gdj7;c77#d7 7#ba ,u4,s4,c4 #cgi;j-#ab7;c77#d77 is amended-- 7,a7 by striking #bjah each place it appears and inserting #bjbc2 and 7,b7 by striking #bjai and inserting #bjbd4 7c7 ,exemptions from fees ,section #gdj7;d7 7#ba ,u4,s4,c4 #cgi;j-#ab7;d77 is amended-- 7#a7 in the subsection heading1 by inserting 2 exemptions from fees after reduction2 7#b7 by striking the heading of paragraph 7#a7 and inserting ,waiver or reduction2 and 7#c7 by adding at the end the following3 7#d7 ,exemptions from fees 7,a7 ,certain labeling supplements ,to add number of approved application ,fees under this section shall not apply with respect to any person who-- 7i7 not later than ,september #cj1 #bjbc1 submits a supplemental animal drug application relating to a new animal drug application approved under section #eab1 solely to add the new animal drug application number to the labeling of the drug in the manner specified in section #ejb7w77#c72 and 7ii7 otherwise would be subject to fees under this section solely on the basis of such supplemental application4 7,b7 ,certain animal drug applications ,fees under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7a7 shall not apply with respect to any person who is the named applicant or sponsor of an animal drug application1 supplemental animal drug application1 or investigational animal drug submission if such application or submission involves the intentional genomic alteration of an animal that is intended to produce a drug1 device1 or biological product subject to fees under section #gcf1 #gch1 #gdd;,b1 or #gdd;,h4 4 7d7 ,crediting and availability of fees 7#a7 ,authorization of appropriations ,section #gdj7;g77#c7 7#ba ,u4,s4,c4 #cgi;j-#ab7;g77#c77 is amended-- 7,a7 by striking #bjad through #bjah and inserting #bjai through #bjbc2 7,b7 by striking determined and inserting established2 and 7,c7 by striking paragraph 7#d7 and inserting paragraph 7#e74 7#b7 ,excess collections ,section #gdj7;g7 7#ba ,u4,s4,c4 #cgi;j-#ab7;g77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,excess collections ,if the sum total of fees collected under this section for a fiscal year exceeds the amount of fees authorized to be appropriated for such year under paragraph 7#c71 the excess collections shall be credited to the appropriations account of the ,food and ,drug ,administration as described in paragraph 7#a74 7#e7 ,recovery of collection shortfalls 7,a7 ,in general ,subject to subparagraph 7,b7-- 7i7 for fiscal year #bjba1 the amount of fees otherwise authorized to be collected under this section shall be increased by the amount1 if any1 by which the amount collected under this section and appropriated for fiscal year #bjai falls below the amount of fees authorized for fiscal year #bjai under paragraph 7#c72 7ii7 for fiscal year #bjbb1 the amount of fees otherwise authorized to be collected under this section shall be increased by the amount1 if any1 by which the amount collected under this section and appropriated for fiscal year #bjbj falls below the amount of fees authorized for fiscal year #bjbj under paragraph 7#c72 and 7iii7 for fiscal year #bjbc1 the amount of fees otherwise authorized to be collected under this section shall be increased by the cumulative amount1 if any1 by which the amount collected under this section and appropriated for fiscal years #bjba and #bjbb 7including estimated collections for fiscal year #bjbb7 falls below the cumulative amount of fees authorized for such fiscal years under paragraph 7#c74 7,b7 ,reduction of shortfall-based fee increase by prior year excess collections 7i7 ,in general ,subject to clause 7ii71 the ,secretary shall1 in such manner as the ,secretary determines appropriate1 reduce any fee increase otherwise applicable for a fiscal year under subparagraph 7,a7 by the amount of any excess collections under this section for preceding fiscal years 7after fiscal year #bjah74 7ii7 ,workload-based fee accounting ,in applying clause 7i71 the ,secretary shall account for the reduction of workload-based fee revenue increases by excess collections under subsection 7c77#c77;,b71 in such manner as needed to provide that no portion of any excess collections described in clause 7i7 is applied for purposes of reducing fee increases under both such subsection 7c77#c77;,b7 and this paragraph4 7,c7 ,rule of application ,under no circumstances shall adjustments under this paragraph result in fee revenues for a fiscal year that are less than the fee revenues for that fiscal year established in subsection 7b71 as adjusted or otherwise affected under subsection 7c74 4 #ajd4 ,reauthorization2 reporting requirements ,section #gdj;,a 7#ba ,u4,s4,c4 #cgi;j-#ac7 is amended-- 7#a7 in subsection 7a71 by striking #bjac and inserting #bjah2 7#b7 by striking #bjad each place it appears in subsections 7a7 and 7b7 and inserting #bjai2 and 7#c7 in subsection 7d71 by striking #bjah each place it appears and inserting #bjbc4 #aje4 ,savings clause ,notwithstanding the amendments made by this title1 part #d of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#aa et seq471 as in effect on the day before the date of enactment of this title1 shall continue to be in effect with respect to animal drug applications and supplemental animal drug applications 7as defined in such part as of such day7 that on or after ,october #a1 #bjac1 but before ,october #a1 #bjah1 were accepted by the ,food and ,drug ,administration for filing with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year #bjai4 #ajf4 ,effective date ,the amendments made by this title shall take effect on ,october #a1 #bjah1 or the date of the enactment of this ,act1 whichever is later1 except that fees under part #d of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as amended by this title1 shall be assessed for animal drug applications and supplemental animal drug applications received on or after ,october #a1 #bjah1 regardless of the date of the enactment of this ,act4 #ajg4 ,sunset dates 7a7 ,authorization ,section #gdj of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ab7 shall cease to be effective ,october #a1 #bjbc4 7b7 ,reporting requirements ,section #gdj;,a of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ac7 shall cease to be effective ,january #ca1 #bjbd4 7c7 ,previous sunset provision ,effective ,october #a1 #bjah1 subsections 7a7 and 7b7 of section #ajg of the ,animal ,drug ,user ,fee ,amendments of #bjac 7,public ,law #aac-ad7 are repealed4 ,,ii ,fees relating to generic animal drugs #bja4 ,short title2 finding 7a7 ,short title ,this title may be cited as the ,animal ,generic ,drug ,user ,fee ,amendments of #bjah4 7b7 ,finding ,congress finds that the fees authorized by the amendments made in this title will be dedicated toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs1 supplemental abbreviated applications for generic new animal drugs1 and investigational submissions for generic new animal drugs as set forth in the goals identified for purposes of part #e of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 in the letters from the ,secretary of ,health and ,human ,services to the ,chairman of the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,chairman of the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate as set forth in the ,congressional ,record4 #bjb4 ,authority to assess and use generic new animal drug fees 7a7 ,fee revenue amounts ,subsection 7b7 of section #gda 7#ba ,u4,s4,c4 #cgi;j-#ba7 is amended to read as follows3 7b7 ,fee revenue amounts 7#a7 ,in general ,subject to subsections 7c71 7d71 7f71 and 7g71 for each of fiscal years #bjai through #bjbc1 the fees required under subsection 7a7 shall be established to generate a total revenue amount of #ah1ccf1cdj4 7#b7 ,types of fees ,of the total revenue amount established for a fiscal year under paragraph 7#a7-- 7,a7 #be percent shall be derived from fees under subsection 7a77#a7 7relating to abbreviated applications for a generic new animal drug72 7,b7 #cg4e percent shall be derived from fees under subsection 7a77#b7 7relating to generic new animal drug products72 and 7,c7 #cg4e percent shall be derived from fees under subsection 7a77#c7 7relating to generic new animal drug sponsors74 4 7b7 ,annual fee setting2 adjustments 7#a7 ,inflation adjustment ,section #gda7;c7 7#ba ,u4,s4,c4 #cgi;j-#ba7;c77 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,inflation adjustment 7,a7 ,in general ,for fiscal year #bjbj and subsequent fiscal years1 the revenue amounts established under subsection 7b7 shall be adjusted by the ,secretary by notice1 published in the ,federal ,register1 for a fiscal year1 by multiplying such revenue amounts by an amount equal to the sum of-- 7i7 one2 7ii7 the average annual percent change in the cost1 per full-time equivalent position of the ,food and ,drug ,administration1 of all personnel compensation and benefits paid with respect to such positions for the first #c of the preceding #d fiscal years for which data are available1 multiplied by the average proportion of personnel compensation and benefits costs to total ,food and ,drug ,administration costs for the first #c of the preceding #d fiscal years for which data are available2 and 7iii7 the average annual percent change that occurred in the ,consumer ,price ,index for urban consumers 7,washington-,baltimore1 ,,dc-,,md-,,va-,,wv2 not seasonally adjusted2 all items less food and energy2 annual index7 for the first #c of the preceding #d years for which data are available multiplied by the average proportion of all costs other than personnel compensation and benefits costs to total ,food and ,drug ,administration costs for the first #c of the preceding #d fiscal years for which data are available4 7,b7 ,compounded basis ,the adjustment made each fiscal year after fiscal year #bjbj under this paragraph shall be applied on a compounded basis to the revenue amount calculated under this paragraph for the most recent previous fiscal year4 4 7#b7 ,workload adjustments ,paragraph 7#c7 of section #gda7;c7 7#ba ,u4,s4,c4 #cgi;j-#ba7;c771 as redesignated1 is amended to read as follows3 7#c7 ,workload adjustments 7,a7 ,in general ,for fiscal year #bjbj and subsequent fiscal years1 after the fee revenue amounts established under subsection 7b7 are adjusted for inflation in accordance with paragraph 7#b71 the fee revenue amounts shall be further adjusted for each such fiscal year to reflect changes in the workload of the ,secretary for the process for the review of abbreviated applications for generic new animal drugs1 subject to subparagraphs 7,b7 and 7,c74 ,with respect to such adjustment-- 7i7 this adjustment shall be determined by the ,secretary based on a weighted average of the change in the total number of abbreviated applications for generic new animal drugs1 manufacturing supplemental abbreviated applications for generic new animal drugs1 investigational generic new animal drug study submissions1 and investigational generic new animal drug protocol submissions submitted to the ,secretary2 and 7ii7 the ,secretary shall publish in the ,federal ,register the fees resulting from this adjustment and the supporting methodologies4 7,b7 ,reduction of workload-based increase by amount of certain excess collections ,for each of fiscal years #bjba through #bjbc1 if application of the workload adjustment under subparagraph 7,a7 increases the fee revenue amounts otherwise established for the fiscal year under subsection 7b71 as adjusted for inflation under paragraph 7#b71 such fee revenue increase shall be reduced by the amount of any excess collections1 as described in subsection 7g77#d71 for the second preceding fiscal year1 up to the amount of such fee revenue increase4 7,c7 ,rule of application ,under no circumstances shall workload adjustments under this paragraph result in fee revenues for a fiscal year that are less than the fee revenues for that fiscal year established under subsection 7b71 as adjusted for inflation under paragraph 7#b74 4 7#c7 ,final year adjustment ,paragraph 7#d7 of section #gda7;c7 7#ba ,u4,s4,c4 #cgi;j-#ba7;c771 as redesignated1 is amended by-- 7,a7 striking #bjah each place it appears and inserting #bjbc2 and 7,b7 striking #bjai and inserting #bjbd4 7c7 ,fee waiver or reduction2 exemption from fees ,subsection 7d7 of section #gda 7#ba ,u4,s4,c4 #cgi;j-#ba7 is amended to read as follows3 7d7 ,fee waiver or reduction2 exemption from fees 7#a7 ,fee waiver or reduction ,the ,secretary shall grant a waiver from or a reduction of #a or more fees assessed under subsection 7a7 where the ,secretary finds that the generic new animal drug is intended solely to provide for a minor use or minor species indication4 7#b7 ,exemption from fees ,fees under this section shall not apply with respect to any person who-- 7,a7 not later than ,september #cj1 #bjbc1 submits a supplemental abbreviated application for a generic new animal drug approved under section #eab1 solely to add the application number to the labeling of the drug in the manner specified in section #ejb7w77#c72 and 7,b7 otherwise would be subject to fees under this section solely on the basis of such supplemental abbreviated application4 4 7d7 ,crediting and availability of fees ,section #gda7;g7 7#ba ,u4,s4,c4 #cgi;j-#ba7 is amended by striking paragraph 7#c7 and inserting the following paragraphs3 7#c7 ,authorization of appropriations ,for each of the fiscal years #bjai through #bjbc1 there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount established under subsection 7b7 for the fiscal year1 as adjusted or otherwise affected under subsection 7c74 7#d7 ,excess collections ,if the sum total of fees collected under this section for a fiscal year exceeds the amount of fees authorized to be appropriated for such year under paragraph 7#c71 the excess collections shall be credited to the appropriations account of the ,food and ,drug ,administration as described in paragraph 7#a74 4 #bjc4 ,reauthorization2 reporting requirements ,section #gdb 7#ba ,u4,s4,c4 #cgi;j-#bb7 is amended-- 7#a7 in subsection 7a71 by striking #bjac and inserting #bjah2 7#b7 by striking #bjad each place it appears in subsections 7a7 and 7b7 and inserting #bjai2 and 7#c7 in subsection 7d71 by striking #bjah each place it appears and inserting #bjbc4 #bjd4 ,savings clause ,notwithstanding the amendments made by this title1 part #e of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ba et seq471 as in effect on the day before the date of enactment of this title1 shall continue to be in effect with respect to abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug 7as defined in such part as of such day7 that on or after ,october #a1 #bjac1 but before ,october #a1 #bjah1 were accepted by the ,food and ,drug ,administration for filing with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year #bjai4 #bje4 ,effective date ,the amendments made by this title shall take effect on ,october #a1 #bjah1 or the date of the enactment of this ,act1 whichever is later1 except that fees under part #e of subchapter ,c of chapter ,,vii of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as amended by this title1 shall be assessed for abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug received on or after ,october #a1 #bjah1 regardless of the date of enactment of this ,act4 #bjf4 ,sunset dates 7a7 ,authorization ,section #gda of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#ba7 shall cease to be effective ,october #a1 #bjbc4 7b7 ,reporting requirements ,section #gdb of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cgi;j-#bb7 shall cease to be effective ,january #ca1 #bjbd4 7c7 ,previous sunset provision ,effective ,october #a1 #bjah1 subsections 7a7 and 7b7 of section #bjf of the ,animal ,generic ,drug ,user ,fee ,amendments of #bjac 7,public ,law #aac-ad7 are repealed4 ,,iii ,miscellaneous provisions #cja4 ,electronic submissions 7a7 ,new animal drug applications and abbreviated applications for a generic new animal drug ,section #eab7;b7 7#ba ,u4,s4,c4 #cfj;b7b77 is amended by adding at the end the following3 7#d7 ,beginning on ,october #a1 #bjah1 all applications or submissions pursuant to this subsection shall be submitted by electronic means in such format as the ,secretary may require4 4 7b7 ,conditional approval of new animal drugs for minor use and minor species ,section #ega7;a7 7#ba ,u4,s4,c4 #cfj;ccc7a77 is amended by adding at the end the following3 7#d7 ,beginning on ,october #a1 #bjah1 all applications or submissions pursuant to this subsection shall be submitted by electronic means in such format as the ,secretary may require4 4 #cjb4 ,index of legally marketed unapproved new animal drugs for minor species ,effective on ,october #a1 #bjah1 section #egb7;h7 7#ba ,u4,s4,c4 #cfj;ccc-#a7;h77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,,legal ,,status--,in order to be legally marketed1 a new animal drug intended for a minor species must be ,approved1 ,conditionally ,approved1 or ,indexed by the ,food and ,drug ,administration4 ,,this ,,product ,,is ,,indexed--,,mif4 7followed by the applicable minor species index file number and a period7 ,extra-label use is prohibited42 2 and 7#b7 in paragraph 7#b71 by striking other animals and inserting food-producing animals4 #cjc4 ,misbranded drugs and devices 7a7 ,in general ,section #ejb7w7 7#ba ,u4,s4,c4 #ceb7w77 is amended-- 7#a7 in paragraph 7#a71 by striking 2 or and inserting 22 7#b7 in paragraph 7#b71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 for which an application has been approved under section #eab and the labeling of such drug does not include the application number in the format3 ,approved by ,,fda under 7,a7,,nada xxx-xxx1 except that this subparagraph shall not apply to representative labeling required under section #ead4a7;b77#c77v77b7 of title #ba1 ,code of ,federal ,regulations 7or any successor regulation7 for animal feed bearing or containing a new animal drug4 4 7b7 ,applicability ,section #ejb7w77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by subsection 7a71 shall apply beginning on ,september #cj1 #bjbc4