--- kind: "section" citation: "21 U.S.C. § 354" title: "21" title_heading: "Food and Drugs" number: "354" heading: "Veterinary feed directive drugs" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/21/354" units: - "Chapter 9 — Federal Food, Drug, and Cosmetic Act" - "Subchapter V — Drugs and Devices" - "Part A — Drugs and Devices" --- # §354. Veterinary feed directive drugs - (a) **Lawful veterinary feed directive requirement—** - (1) A [drug](/usc/21/321.md?p=g-1) intended for use in or on [animal feed](/usc/21/321.md?p=w) which is limited by an approved application filed pursuant to [section 360b(b) of this title](/usc/21/360b.md?p=b), a conditionally-approved application filed pursuant to [section 360ccc of this title](/usc/21/360ccc.md), or an index listing pursuant to [section 360ccc–1 of this title](/usc/21/360ccc–1.md) to use under the professional supervision of a [licensed](/usc/21/360eee.md?p=9) veterinarian is a veterinary feed directive [drug](/usc/21/321.md?p=g-1). Any [animal feed](/usc/21/321.md?p=w) bearing or containing a veterinary feed directive [drug](/usc/21/321.md?p=g-1) shall be fed to animals only by or upon a lawful veterinary feed directive issued by a [licensed](/usc/21/360eee.md?p=9) veterinarian in the course of the veterinarian’s professional practice. When labeled, distributed, held, and used in accordance with this section, a veterinary feed directive [drug](/usc/21/321.md?p=g-1) and any [animal feed](/usc/21/321.md?p=w) bearing or containing a veterinary feed directive [drug](/usc/21/321.md?p=g-1) shall be exempt from [section 352(f) of this title](/usc/21/352.md?p=f). - (2) A veterinary feed directive is lawful if it— - (A) contains such information as the [Secretary](/usc/21/321.md?p=d) may by general regulation or by order require; and - (B) is in compliance with the conditions and indications for use of the [drug](/usc/21/321.md?p=g-1) set forth in the notice published pursuant to [section 360b(i) of this title](/usc/21/360b.md?p=i), or the index listing pursuant to [section 360ccc–1(e) of this title](/usc/21/360ccc–1.md?p=e). - (3) - (A) Any [persons](/usc/21/321.md?p=e) involved in the [distribution](/usc/21/360eee.md?p=5) or use of [animal feed](/usc/21/321.md?p=w) bearing or containing a veterinary feed directive [drug](/usc/21/321.md?p=g-1) and the [licensed](/usc/21/360eee.md?p=9) 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](/usc/21/321.md?p=e) distributing such feed to another [person](/usc/21/321.md?p=e) for further [distribution](/usc/21/360eee.md?p=5). Such [person](/usc/21/321.md?p=e) distributing the feed shall maintain a written acknowledgment from the [person](/usc/21/321.md?p=e) to whom the feed is shipped stating that that [person](/usc/21/321.md?p=e) shall not ship or move such feed to an animal production facility without a veterinary feed directive or ship such feed to another [person](/usc/21/321.md?p=e) for further [distribution](/usc/21/360eee.md?p=5) unless that [person](/usc/21/321.md?p=e) has provided the same written acknowledgment to its immediate supplier. - (B) Every [person](/usc/21/321.md?p=e) required under [subparagraph (A)](#a-3-A) to maintain records, and every [person](/usc/21/321.md?p=e) in charge or custody thereof, shall, upon request of an officer or employee designated by the [Secretary](/usc/21/321.md?p=d), permit such officer or employee at all reasonable times to have access to and copy and [verify](/usc/21/360eee.md?p=28) such records. - (C) Any [person](/usc/21/321.md?p=e) who [distributes](/usc/21/360eee.md?p=5) [animal feed](/usc/21/321.md?p=w) bearing or containing a veterinary feed directive [drug](/usc/21/321.md?p=g-1) shall upon first engaging in such [distribution](/usc/21/360eee.md?p=5) notify the [Secretary](/usc/21/321.md?p=d) of that [person](/usc/21/321.md?p=e)’s name and place of business. The failure to provide such notification shall be deemed to be an act which results in the [drug](/usc/21/321.md?p=g-1) being misbranded. - (b) **Labeling and advertising—** A veterinary feed directive [drug](/usc/21/321.md?p=g-1) and any feed bearing or containing a veterinary feed directive [drug](/usc/21/321.md?p=g-1) shall be deemed to be misbranded if their [labeling](/usc/21/321.md?p=m) fails to bear such cautionary statement and such other information as the [Secretary](/usc/21/321.md?p=d) 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](/usc/21/360b.md?p=i), or the index listing pursuant to [section 360ccc–1(e) of this title](/usc/21/360ccc–1.md?p=e) or fails to contain the general cautionary statement prescribed by the [Secretary](/usc/21/321.md?p=d). - (c) **Nonprescription status—** Neither a [drug](/usc/21/321.md?p=g-1) subject to this section, nor [animal feed](/usc/21/321.md?p=w) bearing or containing such a [drug](/usc/21/321.md?p=g-1), shall be deemed to be a prescription article under any Federal or [State](/usc/21/321.md?p=a-1) law. ## Source credit (June 25, 1938, ch. 675, § 504, as added Pub. L. 104–250, § 5(b), Oct. 9, 1996, 110 Stat. 3155; amended Pub. L. 108–282, title I, § 102(b)(5)(G), (H), Aug. 2, 2004, 118 Stat. 903.) ## Notes ### Editorial Notes ### Prior Provisions A 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. 86–618, by Pub. L. 86–618, title I, § 103(a)(2), title II, § 202, July 12, 1960, 74 Stat. 398, 404. ### Amendments 2004—Subsec. (a)(1). Pub. L. 108–282, § 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 360ccc–1 of this title” for “360b(b) of this title”. Subsecs. (a)(2)(B), (b). Pub. L. 108–282, § 102(b)(5)(H), substituted “360b(i) of this title, or the index listing pursuant to section 360ccc–1(e) of this title” for “360b(i) of this title”.