What FDA Does and Does Not Regulate (2024)

Yes! No! Maybe So!

Animal Drugs
Animal Devices
Animal Feed
Turtles Under 4 Inches
Vaccines for Animal Diseases
Pharmacies
Practice of Veterinary Medicine
Flea and Tick Products
Milk, Eggs, Meat, and Poultry
Not on the Regulatory Radar

Each week, FDA’s Center for Veterinary Medicine (CVM) receives a variety of phone calls and e-mails from consumers asking questions like, “Who regulates flea and tick products?” and “How do I treat my cat’s urinary tract infection?” While CVM’s Communications Staff is happy to direct consumers to the appropriate resources, it may be helpful to know that FDA is not the only organization responsible for protecting animal health. FDA regulates the drugs, devices, and feed given to or used on the billions of companion and food-producing animals in the U.S. Several other government and non-government organizations also play a role in animal health.

Yes!

Animal Drugs– The Federal Food, Drug, and Cosmetic Act gives FDA the legal authority to approve and regulate drugs for animals. Before a drug company can market an animal drug, the company must get the drug approved by FDA. To get FDA approval, the drug company must prove that:

  • the drug is safe and effective for a specific use in a specific animal species. If the drug is for use in food-producing animals, the drug company must also prove that food products made from treated animals are safe for people to eat;
  • the manufacturing process is adequate to preserve the drug’s identity, strength, quality, and purity. The drug company must show that the drug can be consistently produced from batch to batch; and
  • the labeling is appropriate and truthful. The drug company must make sure that the labeling contains all necessary information to use the drug safely and effectively, including the risks associated with the drug.

FDA’s role does not stop after an animal drug is approved. As long as the animal drug is marketed in the U.S., FDA continues to monitor:

  • the drug’s safety and effectiveness;
  • the drug’s manufacturing process to make sure quality and consistency are maintained from batch to batch; and
  • how the drug is marketed to make sure the advertisem*nts are truthful and not misleading.

Besides the standard approval process, two additional pathways to the marketplace are available for some animal drugs for minor species or minor uses in a major species. These two pathways are conditional approval and indexing.

For the complete definition of the term “drug,” please see the Federal Food, Drug, and Cosmetic Act at Section 201(g) [21 U.S.C. 321].

For more information about the animal drug approval process, please visit:

From an Idea to the Marketplace: The Journey of an Animal Drug through the Approval Process

New Animal Drug Applications

For an online database of FDA-approved animal drugs, please see Animal Drugs @ FDA

For more information about minor species, minor uses, conditional approval, and indexing, please visit:

Lions and Tigers and Bears! OMUMS!

Minor Use/Minor Species

Drug Indexing

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Animal Devices– The key difference between an animal device and an animal drug is how the product works. If it relies on a chemical action occurring in or on the animal’s body to work, the product is a drug, not a device. If it needs to be metabolized by the animal’s body to work, the product is a drug, not a device.

Antibiotics, anesthetics, and insulin are examples of drugs. Needles, syringes, surgical instruments, X-ray equipment, certain diagnostic test kits, and dental appliances are examples of devices.

Unlike animal drugs, animal devices do not have to be approved by FDA before they can be marketed. Manufacturers and distributers of animal devices are responsible for making sure they are safe, effective, and properly labeled. FDA has the authority to take regulatory action if an animal device is adulterated or misbranded.

For the complete definition of the term “device,” please see the Federal Food, Drug, and Cosmetic Act at Section 201(h) [21 U.S.C. 321].

For more information about animal devices, please visit: How FDA Regulates Animal Devices

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Animal Feed– The Federal Food, Drug, and Cosmetic Act requires food for both people and animals to be:

  • safe;
  • produced under sanitary conditions; and
  • properly labeled.

Animal feed includes pet food and pet treats, as well as feed for food-producing animals, such as cattle, pigs, chickens, and farmed-raised fish. Unlike animal drugs, animal feed does not have to be approved by FDA before it can be marketed. However, FDA makes sure the ingredients in the feed are safe and have an appropriate function, and many ingredients must be approved by FDA before they can be used in animal feed. FDA also evaluates the human food safety aspect of animal feed for food-producing animals. That is, FDA makes sure it’s safe for people to eat food products made from animals that ate the feed.

For more information about animal feed, please visit:

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Turtles Under 4 Inches– Under federal law, FDA banned the sale of turtles less than 4 inches long in 1975 because of human health concerns. Small turtles may seem like fun additions to the home, but they carry dangerous bacteria called Salmonella.

For more information about turtle safety, please visit: Pet Turtles - A Source of Germs

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No!

Vaccines for Animal Diseases– FDA does not regulate vaccines for animal diseases. Veterinary biologics, including vaccines for animal diseases, are regulated by the U.S. Department of Agriculture.

For more information about vaccines for animal disease, please visit: Veterinary Biologics (USDA)

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Maybe So!

Pharmacies– Pharmacists are licensed by their state board of pharmacy and must follow the rules and regulations of that state board. FDA is responsible for approving and regulating the drugs sold in pharmacies. Some pharmacies also compound drugs. FDA has rules and policies about compounding drugs that apply to those pharmacies.

For more information about boards of pharmacy and for contact information for each state board of pharmacy, please visit the website of the National Association of Boards of Pharmacy (NABP)

For more information about the compounding of animal drugs, please visit: Compounding of Animal Drugs

Please refer questions about a specific drug for your animal or drug pricing to your veterinarian or pharmacist.

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Practice of Veterinary Medicine– Veterinarians are licensed by their state veterinary licensing board and must meet the requirements of the licensing board to practice in that state. FDA regulates the devices and drugs that veterinarians use, and the conditions under which veterinarians may prescribe drugs for extra-label uses.

What does “extra-label” mean?
When an approved drug is used in a manner other than what is stated on the label, it is an extra-label use. This is commonly called an “off-label” use because the drug is used in a way that is “off the label.”

For more information about veterinary licensing boards and for contact information for each state veterinary licensing board, please visit the website of the American Association of Veterinary State Boards (AAVSB).

For more information about extra-label drug use in animals, please visit:

Extra-Label Use of FDA Approved Drugs in Animals

Extra-label Drug Use in Veterinary Medicine

Please refer specific questions about your animal’s health to your veterinarian.

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Flea and Tick Products– FDA regulates some flea and tick products for animals while the Environmental Protection Agency (EPA) regulates others. If a product is regulated by EPA, it will have an EPA Registration Number (sometimes written as “EPA Reg. No.”) on the label. If a product is regulated by FDA, it will typically have the statement “Approved by FDA” followed by a six-digit New Animal Drug Application (NADA) or Abbreviated New Animal Drug Application (ANADA) number on the label.

For more information about flea and tick products, please visit:

Safe Use of Flea and Tick Products in Pets

EPA - Protecting Pets from Fleas and Ticks

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Milk, Eggs, Meat, and Poultry– The responsibility of food safety is shared by FDA and the U.S. Department of Agriculture (USDA). FDA regulates milk and milk products, such as cheese, cream, and ice cream. FDA also regulates “shell eggs” which, as the name implies, are eggs still inside their shells. USDA regulates “egg products” which are eggs that have been removed from their shells for processing. In general, USDA regulates meat and poultry.

For more information about food and food safety, please visit:

Food (FDA)

USDA Meat and Poultry Hotline

USDA Food and Nutrition

FoodSafety.gov

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Not on the Regulatory Radar

Some products on the market for animals don’t fall under the regulatory authority of any government or non-government organization, including:

  • Cat litter
  • Pet accessories, such as toys, beds, and crates
  • Grooming aids
  • Bedding for pet birds and small animals, such as rabbits, guinea pigs, and hamsters

For questions or concerns about FDA-regulated animal products, contact CVM’s Communications Staff at:

Phone: 240-402-7002
E-mail: AskCVM@fda.hhs.gov
Address: 7519 Standish Place
Rockville, MD 20855

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What FDA Does and Does Not Regulate (2024)

FAQs

What FDA regulates and what does not regulate? ›

The FDA is responsible for protecting public health by regulating human drugs and biological products, animal drugs, medical devices, tobacco products, food (including animal food), cosmetics, and electronic products that emit radiation.

What claims does the FDA not regulate? ›

FDA generally does not approve dietary supplement claims or other labeling before use. Under the FD&C Act, a firm is responsible for ensuring that the dietary supplements it manufactures or distributes are not adulterated, misbranded, or otherwise in violation of federal law.

What does the FDA do to regulate drugs? ›

The Food and Drug Administration is responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices; and by ensuring the safety of our nation's food supply, cosmetics, and products that emit radiation.

Does the FDA regulate everything? ›

FDA-Regulated Products and Facilities

This includes everything we eat except for meat, poultry, and some egg products. There are over 20,000 prescription drug products approved for marketing. FDA oversees over 6,700 different medical device product categories.

Which are not regulated by the FDA quizlet? ›

Dietary supplements, unlike drugs, are not regulated. The FDA decides what drugs may be sold as well as what drugs may be sold over the counter and what drugs may be sold only by prescription.

Does the FDA regulate drug quality? ›

Prior to FDA approval, manufacturers must prove that their products are high quality, safe, effective, and free of contamination and defects. In addition, manufacturers of non-application products, such as over-the-counter and homeopathic products, are responsible for adhering to quality standards.

How much does the FDA regulate? ›

FDA regulates about 78 percent of the U.S. food supply. This includes everything we eat except for meat, poultry, and some egg products. There are over 20,000 prescription drug products approved for marketing. FDA oversees over 6,500 different medical device product categories.

What claims are regulated by the FDA? ›

Among the claims that can be used on food and dietary supplement labels are three categories of claims that are defined by statute and/or FDA regulations: health claims, nutrient content claims, and structure/function claims.

Does the FDA regulate vitamins? ›

FDA regulates both finished dietary supplement products and dietary ingredients. FDA regulates dietary supplements under a different set of regulations than those covering "conventional" foods and drug products.

Does the FDA regulate cosmetics? ›

Yes. FDA regulates cosmetics under the Federal Food, Drug and Cosmetic Act (FD&C Act). Under this law, cosmetics must not be adulterated or misbranded. For example, they must be safe for consumers under labeled or customary conditions of use, and they must be properly labeled.

Why are drugs regulated? ›

To avoid deleterious medications and safeguard public health, the federal government regulates the manufacturers with rules and standards.

Why does the FDA regulate lasers? ›

The FDA may inspect manufacturers of laser products and require the recall of products that don't comply with federal standards or that have radiation safety defects. The agency also may test laser products and inspect displays of laser light shows to ensure the public is protected.

How many products does FDA regulate? ›

There are over 19,000 prescription drug products approved for marketing. FDA oversees over 6,000 different medical device product categories. There are over 1,600 FDA-approved animal drug products.

Does FDA regulate alcohol? ›

The U.S. Food and Drug Administration (FDA) shares responsibility with the Alcohol and Tobacco Tax and Trade Bureau (TTB) in regulating alcoholic beverages in the U.S. All establishments that produce alcoholic beverages for U.S. distribution must register with FDA, but the government agency that regulates the product's ...

Does the FDA regulate internationally? ›

FDA's product centers focus on international policy and outreach that touches on their portfolio of regulated products and the Office of Global Policy and Strategy serves as a focal point for FDA-wide coordination and information sharing and a point of access to multilateral organizations like the World Health ...

What does the FDA not oversee? ›

The FDA regulates a wide range of products, including foods (except for aspects of some meat, poultry and egg products, which are regulated by the U.S. Department of Agriculture); human and veterinary drugs; vaccines and other biological products; medical devices intended for human use; radiation-emitting electronic ...

What food is not regulated by the FDA? ›

The agency regulates all foods and food ingredients introduced into or offered for sale in interstate commerce, except for meat, poultry, certain processed egg products, and catfish, which are regulated by the U.S. Department of Agriculture. The regulatory requirements may depend on the specific nature of your product.

What regulations does the FDA enforce? ›

Laws Enforced by the FDA. Includes the Federal Food, Drug and Cosmetics Act, the 1997 Modernization Act, and over 30 other acts, amendments, provisions, and laws.

What cures does the government not regulate? ›

Identify cures that the government does not regulate. The government does not regulate natural cures like cupping, homeopathy, magnet therapy, immunization scares, and HIV/AIDS "cures." Describe some actions people should take to avoid being tricked by health frauds.

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