§ 516.149 Denying a request for addition to the index.

(a) FDA will deny a request for addition to the index if it finds the following: (1) The same drug in the same dosage form for the same intended use is already approved or conditionally approved; (2) On the basis of new information, the new animal drug no longer meets the conditions for eligibility for indexing; (3) The request for indexing fails to contain information required under the provisions of § 516.145; (4) The qualified expert panel fails to meet any of the selection criteria listed in § 516.141(b); (5) The written report of the qualified expert panel and other information available to FDA is insufficient to permit FDA to determine that the benefits of using the new animal drug for the proposed use in a minor species outweigh its risks to the target animal, taking into account the harm caused by the absence of an approved or conditionally-approved new animal drug for the minor species in question; (6) On the basis of the report of the qualified expert panel and other information available to FDA, the benefits of using the new animal drug for the proposed use in a minor species do not outweigh its risks to the target animal, taking into account the harm caused by the absence of an approved or conditionally-approved new animal drug for the minor species in question; or (7) The request contains any untrue statement of a material fact or omits material information. (b) When a request for addition to the index is denied, FDA will notify the requestor in accordance with § 516.153.