Role of Compendial Standards and Verification Programs to Safeguard the Global Supply Chain FDLI Conference on Safeguarding the Functional Food and Dietary Ingredient Supply Chain Panel on Meaningful Test MethodologiesKey Challenges September 10, 2013 Ben Firschein, J.D., LL.M. Director, Government Affairs and Policy United States Pharmacopeial Convention (USP) Topics – Key Points – FDA/FSMA: Implications – USP: How Standards Can Help • • • • USP Standards Verification Spectral Libraries Food Fraud Database – Conclusion Key Points • Public (compendial) quality standards facilitate trade, help ensure product/ingredient identity, and advance global “safety net” – Help prevent adulteration/contamination – Help manufacturers source trusted ingredients and comply with FDA requirements • Verification programs based on compendial standards are a viable solution to many supply chain concerns for producers and purchasers FDA: Global Challenges • Supply chain increasingly complex • FDA-regulated products originate from more than 150 countries • Growth in overseas products will continue • Distinction between domestic and imported products is obsolete FDA: Global Strategy Places Greater Responsibility on Manufacturers/Others – Allocates resources based on risk – Leverages combined efforts of government, industry, and public-private partnerships (third parties) – Greater manufacturer accountability • Know your supplier • Testing of ingredients and finished product to establish safety and quality • Manage risk of incidents FDA: Food Safety Modernization Act – Evaluation of hazards/risk-based controls (Sec. 103) – Performance standards (Sec. 104) – Identify food at highest risk of adulteration/mitigate (Sec. 106) – Foreign supplier verification (Sec. 301) – Voluntary qualified importer (Sec. 302) – Mandatory certification of imported food based on risk (Sec. 303) – Accreditation of third-party auditors (Sec. 307) FDA: Food Safety Modernization Act – Proposed rules: • Foreign – Foreign Supplier Verification Program (certain exemptions for dietary supplements/components) – Accreditation of Third Party Auditors • Domestic – Preventive Controls: may include verification – Intentional adulteration- proposed rule forthcoming FSMA: Legal Implications 1. Expansion of FDA authority/manufacturer requirements –Suspension of facility registration (informal hearing) –Recall (informal hearing) –Increased frequency of inspections (domestic and foreign facilities) –Denial of importation (failure to obtain requested certification or revocation of qualified importer status) –Recordkeeping and review (manufacturer) 2. More FDA warning letters and enforcement actions 3. “Proof of the pudding” will be in agency regulations, rules, and guidance to implement the Act Background on USP…and How Standards Can Help • Scientific, independent, nonprofit organization – Established in 1820 – Headquartered in Maryland, USA; Facilities in India, China, Brazil, Switzerland, Ethiopia, and Ghana – 900+ employees • Mission: To improve global health through public standards and related programs that help ensure the quality, safety, and benefit of medicines and foods Background on USP…and How Standards Can Help • Set public quality standards for prescription and over-thecounter medicines, excipients (inactive ingredients), dietary supplements, and food ingredients through volunteer experts • Works closely with U.S. FDA >100 years, developing and revising drug quality standards through expert volunteers; strict conflict of interest rules USP’s Standards 1. The United States Pharmacopeia- 2. National Formulary (USP–NF) 3. Food Chemicals Codex (FCC) 4. USP Dietary Supplements Compendium (DSC) 5. USP Medicines Compendium (MC) 6. USP on Compounding 7. Herbal Medicines Compendium (HMC) Other Resources – – – – Pharmacopeial Forum (PF) FCC Forum (FCCF) USP Dictionary Chromatographic Columns USP Reference Standards More than 3,000 Reference standards that support FDA-enforceable monograph procedures Rigorously tested by USP, industry, and government scientists USP Reference Standards are highly characterized specimens of: – drug substances – excipients – – – – – impurities degradation products dietary supplements compendial reagents performance test tablets Role of USP Quality Standards in Law First USP standards 1820; role in Federal law added 1906 (strength, quality, purity), 1938 (identity) –Federal Food, Drug, and Cosmetic Act (FDCA) adulteration & misbranding provisions apply to both Public Health Service Act biologics & FDCA drugs Naming/Identity –A drug with a name recognized in USP–NF must comply with compendial identity or be deemed adulterated, misbranded, or both Strength, Quality & Purity –Must also comply with compendial standards for strength, quality, and purity, unless labeled to show all respects in which the drug differs Role of USP Quality Standards in Law For dietary Supplements: misbranded if purports to be “USP” but does not meet compendial standard Food: FCC specifications for food ingredients incorporated by reference in over 200 FDA regulations How Do Compendial Standards Help? Compendial Standards Set standards for identity, strength, quality and purity Help ensure the right dosage Help prevent economically-motivated adulteration Strength Identity Is the ingredient what it purports to be Is enough of the ingredient present Quality/Purity Are levels of impurities, particularly toxic impurities, appropriately controlled How Do Compendial Standards Help? • The requirement to do testing is part of GMPs for dietary supplements • USP (and other) standards and Reference Materials can be used to perform the identity testing required under 21 CFR 111.75(h) (1) How Do Compendial Standards Help? • Standards and reference materials can also be used for the testing on the finished batch of dietary supplements to ensure that they meet product specifications for: – Identity – Purity – Strength – Composition – Limits on those types of contamination that may adulterate or that may lead to adulteration of the finished batch of dietary supplement (21 CFR 111.75(c)) USP Verification Services USP Dietary Supplement Verification Launched 2002 Dietary Supplements USP Dietary Ingredient Verification Launched 2004 Dietary Ingredients Traditional Chinese Medicine Ingredients Ayurvedic Medicine Ingredients USP Pharmaceutical Ingredient Verification Launched 2006 Drug Substances Excipients Verification programs are based on compendial standards, manufacturer requirements, and GMPs 18 Key Elements of the Verification Programs 1. Product appropriate for inclusion in program 2. Audit of manufacturing sites for GMP compliance 6. Continuous surveillance: Surveillance audits Internal audit report, Annual product report Product testing Phase II 3. Review of chemistry, manufacturing and controls product documentation 5. Review of conformance with mark usage guidelines 4. Laboratory testing of product samples Mark Approval Phase I USP Food Fraud Database http://www.foodfraud.org/ Free resource Collection of public reports on foods that have historically been reported adulterated and with what adulterant Useful for assessing risk of fraud, counterfeiting, or economically motivated adulteration Beyond listing ingredients subjected to food fraud, gives easy access to detection methods for adulterants as reported in peer-reviewed scientific journals, which can provide an excellent starting point for mitigation strategies Conclusion –FDA is moving toward verification of food and certification of third party auditors –Appropriate standards and testing regimes can reduce risk of exposure/enforcement actions by FDA and other regulatory bodies –USP standards and USP verification programs can help