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LegalText 21 U.S.C. § 354 Veterinary feed directive drugs us united_states_code code_section 21 FOOD AND DRUGS 9 FEDERAL FOOD, DRUG, AND COSMETIC ACT 354 21 U.S.C. § 354 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc21@119-100.zip /us/usc/t21/s354 data/legal/raw/us/code/title-21/usc21.xml 577ca967fb0187948f5addd612014983bfb93245f73b35f65318b86dc4c8bdcf 3dbd7a61c8616baefb8459bd8dac3b93242106deb416308c8d4dd5a9143176d1 278bbd74ddfd9fe1bd3dcd45e7158dac1f36e15148c3411709d9bde7ef904f29 2026-07-04 official
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21 U.S.C. § 354 - Veterinary feed directive drugs

Text

(a) Lawful veterinary feed directive requirement (1) A drug intended for use in or on animal feed which is limited by an approved application filed pursuant to section 360b(b) of this title, a conditionally-approved application filed pursuant to section 360ccc of this title, or an index listing pursuant to section 360ccc1 of this title to use under the professional supervision of a licensed veterinarian is a veterinary feed directive drug. Any animal feed bearing or containing a veterinary feed directive drug shall be fed to animals only by or upon a lawful veterinary feed directive issued by a licensed veterinarian in the course of the veterinarians professional practice. When labeled, distributed, held, and used in accordance with this section, a veterinary feed directive drug and any animal feed bearing or containing a veterinary feed directive drug shall be exempt from section 352(f) of this title.

(2) A veterinary feed directive is lawful if it—

(A) contains such information as the Secretary may by general regulation or by order require; and

(B) is in compliance with the conditions and indications for use of the drug set forth in the notice published pursuant to section 360b(i) of this title, or the index listing pursuant to section 360ccc1(e) of this title.

(3) (A) Any persons involved in the distribution or use of animal feed bearing or containing a veterinary feed directive drug and the licensed veterinarian issuing the veterinary feed directive shall maintain a copy of the veterinary feed directive applicable to each such feed, except in the case of a person distributing such feed to another person for further distribution. Such person distributing the feed shall maintain a written acknowledgment from the person to whom the feed is shipped stating that that person shall not ship or move such feed to an animal production facility without a veterinary feed directive or ship such feed to another person for further distribution unless that person has provided the same written acknowledgment to its immediate supplier.

(B) Every person required under subparagraph (A) to maintain records, and every person in charge or custody thereof, shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to and copy and verify such records.

(C) Any person who distributes animal feed bearing or containing a veterinary feed directive drug shall upon first engaging in such distribution notify the Secretary of that persons name and place of business. The failure to provide such notification shall be deemed to be an act which results in the drug being misbranded.

(b) Labeling and advertising A veterinary feed directive drug and any feed bearing or containing a veterinary feed directive drug shall be deemed to be misbranded if their labeling fails to bear such cautionary statement and such other information as the Secretary may by general regulation or by order prescribe, or their advertising fails to conform to the conditions and indications for use published pursuant to section 360b(i) of this title, or the index listing pursuant to section 360ccc1(e) of this title or fails to contain the general cautionary statement prescribed by the Secretary.

(c) Nonprescription status Neither a drug subject to this section, nor animal feed bearing or containing such a drug, shall be deemed to be a prescription article under any Federal or State law.

(June 25, 1938, ch. 675, § 504, as added Pub. L. 104250, § 5(b), Oct. 9, 1996, 110 Stat. 3155; amended Pub. L. 108282, title I, § 102(b)(5)(G), (H), Aug. 2, 2004, 118 Stat. 903.)

Notes

Editorial Notes

Prior ProvisionsA prior section 354, act June 25, 1938, ch. 675, § 504, 52 Stat. 1052, which directed Secretary to promulgate regulations for listing of coal-tar colors, was repealed effective July 12, 1960, subject to provisions of section 203 of Pub. L. 86618, by Pub. L. 86618, title I, § 103(a)(2), title II, § 202, July 12, 1960, 74 Stat. 398, 404.

Amendments2004—Subsec. (a)(1). Pub. L. 108282, § 102(b)(5)(G), substituted “360b(b) of this title, a conditionally-approved application filed pursuant to section 360ccc of this title, or an index listing pursuant to section 360ccc1 of this title” for “360b(b) of this title”. Subsecs. (a)(2)(B), (b). Pub. L. 108282, § 102(b)(5)(H), substituted “360b(i) of this title, or the index listing pursuant to section 360ccc1(e) of this title” for “360b(i) of this title”.