
Is This Autogenous Vaccine USDA-Licensed or 107-Exempt?
Mark whether one custom vaccine packet is a USDA-licensed autogenous biologic, a 9 CFR 107 exemption, a State-licensed product, a commercial biologic, an FDA animal drug, or unlicensed.
Mark this packet before anyone calls it an autogenous vaccine
When a veterinarian, practice manager, or livestock producer holds an unfamiliar vial or carton labeled custom vaccine, autogenous bacterin, or herd-specific isolate, the urgent operational decision is not setting a vaccination schedule or calculating herd coverage. The immediate, consequential task is determining what legal entity exists inside that vial. In clinical practice and agricultural operations, the vocabulary surrounding custom-formulated veterinary biological products is frequently blurred. Marketers, distributors, and even colleagues often treat the words autogenous, custom, practitioner mix, and herd vaccine as if they were synonymous names for any immunizing agent made for a specific group of animals.
They are not synonymous. Federal law, United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) regulations, and Food and Drug Administration (FDA) statutes establish precise, non-interchangeable legal categories. A labeled container in the United States occupies exactly one of seven legal classes:
USDA-licensed commercial biologic: A standard commercial biologic holding a U.S. Veterinary Biological Product License under Title 9, Code of Federal Regulations (9 CFR) Parts 102 and 112, bearing a CVB-assigned True Name, an establishment number and product code formatted as VLN/PCN, a serial number, and an indications statement that it has been shown to be effective.
USDA-licensed autogenous biologic: A licensed custom biologic prepared in a USDA-licensed establishment under 9 CFR 113.113 from inactivated, nontoxic microorganism cultures isolated from sick or dead animals in the herd of origin, bearing mandatory 9 CFR 112.7(l) statements that potency and efficacy have not been established.
9 CFR 107.1(a) practitioner-prepared exempt biologic: A product exempt from USDA establishment and product licenses, prepared by a veterinarian solely for administration to animals in the course of a State-licensed professional practice under a valid veterinarian-client-patient relationship (VCPR), where all preparation steps occur at the veterinarian's day-to-day practice facility and are not consigned to a commercial laboratory.
9 CFR 107.1(b) animal owner exempt biologic: A separate exemption from USDA establishment and product licenses for a product prepared solely for administration to animals owned by the preparer. Sale, barter, or use in animals owned by anyone else takes the packet out of this box.
9 CFR 107.2 State-licensed biological product: A biological product prepared solely for distribution within the State of production under an approved State program, prohibited under 9 CFR 114.2 from bearing a USDA establishment number or shipping interstate.
FDA-regulated animal drug: A therapeutic or preventive substance holding a New Animal Drug Application (NADA), Abbreviated New Animal Drug Application (ANADA), conditional approval, or indexing under the Federal Food, Drug, and Cosmetic Act (FD&C Act), which operates outside USDA biologics jurisdiction via 21 CFR 510.4.
Unlicensed commercial shipment: Any commercial biological product shipped or sold without a USDA product license, without valid 107.1 on-site facility preparation, without 107.2 State certification, and without FDA drug status, rendering it unlawful under 21 U.S.C. 151 and 9 CFR 102.2.
This guide functions as an operational package-identity worksheet. It walks step-by-step through the statutory markings, regulatory declarations, and facility rules necessary to classify a container before administration. It is not a clinical vaccination schedule, not an isolate-selection manual, not a dosing guide, and not the published USDA licensed-products census. That census is a different job; this page does not recast its product count. When inspecting a vial, carton, or custom packet, mark the legal identity on this packet rather than relying on vendor claims.
A custom or herd-specific stamp is not a license
The foundation of federal biologics regulation is the Virus-Serum-Toxin Act (VSTA), codified at 21 U.S.C. 151. It is unlawful to prepare, sell, barter, exchange, or ship in the District of Columbia, the Territories, or any place under U.S. jurisdiction, or to ship or deliver for shipment in or from the United States, any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product intended for use in the treatment of domestic animals. The same section separately provides that a product manufactured in the United States and intended for that use may not be prepared, sold, bartered, exchanged, or shipped unless it is prepared at an establishment holding an unsuspended and unrevoked USDA license, unless an exemption applies. 9 CFR 102.2 restates that every person who prepares such biological products must hold an unexpired establishment license and at least one product license.
This principle is restated in 9 CFR 102.2 and emphasized in CVB publications, including the APHIS literacy release Common Questions About Veterinary Biologics. Commercial veterinary biologics distributed in the United States must be produced at a USDA-approved establishment and demonstrated pure, safe, potent, and efficacious prior to release. Federal law strictly prohibits the interstate shipment or commercial distribution of animal biologics unless they comply fully with 9 CFR Parts 101 to 118.
In practice, commercial entities, diagnostic firms, and regional laboratories frequently stamp custom packaging with phrases such as Farm-Specific Immunogen, Custom Herd Vaccine, Selected Herd Bacterin, or Manufactured for Veterinary Practice. None of these marketing stamps, catalog titles, or proprietary trade names possesses legal standing. A stamp declaring that a product was produced in a USDA-licensed facility is not a product license. Holding an establishment license does not, by itself, authorize distribution of an unlicensed custom mix, and it does not prove 9 CFR 113.113 autogenous identity. Mark the credentials on this packet.
What a USDA-licensed commercial biologic still has to show
A standard commercial (non-autogenous) veterinary vaccine, bacterin, antiserum, or diagnostic kit represents a fully licensed biological product authorized under 9 CFR 102.5. To hold this status, the manufacturer has submitted comprehensive master seed validation, host animal immunogenicity and efficacy data, sterility and safety testing, and stability dating that satisfy stringent CVB criteria. The physical package must reflect this high standard through specific required label disclosures under 9 CFR 112.2.
When reviewing a commercial biologic container or carton, four core package markings confirm its federal license status:
Complete CVB True Name: Under 9 CFR 112.2(a)(1), the label must bear the complete true name identical with that shown on the product license or permit, with equal emphasis on each word. APHIS's Licensed Veterinary Biological Product Information page restates that the true name is CVB-assigned from the fractions in the finished product and is not the firm's trade name. A proprietary brand cannot replace that true name.
Establishment and Product Code Format: Under 9 CFR 112.2(a)(3), the label must display the United States Veterinary Biologics Establishment License Number (VLN) or, for imports, the United States Veterinary Biological Product Permit Number (VPN), together with the Product Code Number (PCN). Those numbers shall be shown only as VLN/PCN or VPN/PCN, not as unlinked numbers and not as a live establishment lookup on this worksheet. This page does not invent a real VLN, PCN, or serial.
True Serial Number: Under 9 CFR 112.2(a)(9)(iv), the final container and carton must display a serial number by which the product can be identified with the manufacturer's records of preparation. A serial field is an identity mark; it is not a remaining-month isolate clock.
Shown-to-be-Effective Indications Statement: Under 9 CFR 112.2(a)(12), commercial labeling must include the indications statement: “This product has been shown to be effective for the vaccination of healthy (insert name of species) ____ weeks of age or older against ____.” Small-container labels may point to the carton or enclosure. Administration routes and other use directions sit in 9 CFR 112.2(a)(5), not in that indications sentence.
Additionally, 9 CFR 112.2(a)(7)(i) mandates a strict mixing prohibition on all biological products other than specialized diagnostic kits: Do not mix with other products, except as specified on this label. That shown-to-be-effective sentence is a different identity from 9 CFR 112.7(l) autogenous labeling (potency and efficacy have not been established) and from 9 CFR 112.7(n) USDA conditional product-license labeling (this product license is conditional; efficacy and potency have not been fully demonstrated). A VLN on the carton does not, by itself, tell you which of those three sentences belongs on the packet.
Licensed autogenous is still licensed, and still not extra-label drug use
A common misconception among animal caretakers and regulatory novices is that an autogenous vaccine is an unapproved or unlicensed product. This is legally incorrect. Under 9 CFR 113.113, autogenous biologics are formally licensed biological products prepared within a USDA-licensed establishment pursuant to an authorized U.S. Veterinary Biological Product License for autogenous biologics. They are subject to rigorous federal standards, inspections, and production controls.
However, because autogenous biologics are custom-manufactured in response to specific, emergent herd health crises, they operate under distinct biological, clinical, and labeling mandates codified in 9 CFR 113.113 and 9 CFR 112.7(l):
Mandatory Inactivation and Nontoxicity: Under 9 CFR 113.113, autogenous biologics must be prepared from cultures of microorganisms that have been completely inactivated and tested nontoxic. Live, modified-live, or virulent microbial cultures can never lawfully be prepared or distributed as an autogenous biologic. Any custom biological preparation containing live organisms is excluded from this license class.
Strict Herd-of-Origin Isolation: The seed microorganisms used in production must be isolated directly from sick or dead animals in the specific herd of origin and believed by the attending veterinarian to be the causative agent of the current disease outbreak. Multiple isolates obtained from the same herd may be combined into a single autogenous formulation.
VCPR Prerequisite: Autogenous biologics shall be prepared only for use by or under the direction of a veterinarian under a veterinarian-client-patient relationship. They may also be prepared for use under the direction of a person of appropriate expertise in specialized situations such as aquaculture, if approved by the Administrator. That “direction” standard is not the 107.1(a)(2) “direct supervision” rule for a veterinary assistant at the practice facility.
Eighteen-Month Expiration Limit: Under 9 CFR 113.113(b)(2), the expiration date of the autogenous biologic shall not exceed 18 months from the date of harvest of that serial. That dating rule is not a remaining-month ranking on this worksheet, and it is not the isolate-age clock in 9 CFR 113.113(a)(4) (15 months from isolation or 12 months from harvest of the first serial, with a separate Administrator path for older seed). VS Memorandum 800.69 interprets those isolate-use files for licensees; it does not replace 113.113 and is not converted here into months remaining on a bottle.
Mandatory Statutory Label Disclaimer: Under 9 CFR 112.7(l), every container and carton must specify the contained microorganisms or antigens and display the verbatim federal disclaimer: Potency and efficacy of autogenous biologics have not been established. This product is prepared for use only by or under the direction of a veterinarian or approved specialist.
The AVMA policy on Use of autogenous biologics states that autogenous biologics may provide control when USDA-licensed commercial vaccines are unavailable or not sufficiently cross protective; that cost should not be sufficient reason to choose them over USDA-licensed non-autogenous products; and that they should not be mixed with any other product. Those are practice-policy limits, not a vaccination schedule, a mixing recipe, or a typical herd-protection rate.
Herd of origin is not the same farm under the same owner
A critical regulatory trap in livestock production and multi-facility veterinary practice is assuming that animal ownership dictates herd identity. Under 9 CFR 101.2, federal biologics law defines administrative terminology with geographic precision:
Herd of origin: The specific herd from which the microorganism used as seed for production of an autogenous biologic was isolated. Groups of animals under common ownership that reside at different physical locations are defined as separate herds under 9 CFR 101.2.
Adjacent herds: Herds occupying premises physically contiguous to the premises of the herd of origin, with no intervening animal herds between them. Crucially, if contiguous land crosses a State boundary, the herd across the State line is classified as a nonadjacent herd.
Nonadjacent herds: All other animal herds, including geographically separated premises under identical ownership and any out-of-State herd.
Under 9 CFR 113.113(a)(2), the general rule is strict: microorganisms isolated from one herd must not be used to prepare an autogenous biologic for another herd. Distribution beyond the single herd of origin requires explicit federal authorization, not veterinary discretion:
Adjacent Herd Authorization (9 CFR 113.113(a)(2)): The Administrator may authorize preparation of an autogenous biologic for use in herds adjacent to the herd of origin when those adjacent herds are considered to be at risk. The establishment seeking authorization submits the information listed in 9 CFR 113.113(a)(2). The applicant shall give notice to the State Veterinarian or other appropriate State official in writing when an autogenous biologic is to be used in adjacent herds. That notice is not the written State approval required for nonadjacent use.
Nonadjacent Herd Authorization (9 CFR 113.113(a)(3)): The Administrator may authorize preparation for herds that are not adjacent to the herd of origin but are considered at risk of infection with the same microorganism(s). In addition to the authorization file, the applicant shall provide written approval from the State Veterinarian or other appropriate State official in the State in which the autogenous biologic is to be used in nonadjacent herds.
Licensees also use Veterinary Services Memorandum No. 800.69, listed as reissued 22 November 2021, as interpretation of 9 CFR 113.113, 113.3(b)(8), and 101.2, including isolate-dating and adjacent or nonadjacent shipment files. That memorandum is licensee interpretation, not a substitute for 9 CFR 113.113, and those clocks are not a remaining-month identity ranking on this worksheet. Adjacent or nonadjacent use is Administrator-authorized, not a default. If the packet does not show that authorization, mark the field unknown.
A 107.1 practitioner mix cannot be sent to a commercial laboratory
Part 107 of Title 9 establishes statutory exemptions from USDA biologics establishment and product licenses. Paragraph (a) of 9 CFR 107.1 creates an exemption for practicing veterinarians, but surrounds it with stringent physical boundary conditions that are frequently misunderstood.
Under 9 CFR 107.1(a)(1), products prepared by a veterinary practitioner solely for administration to animals in the course of a State-licensed professional practice under a VCPR, and the facilities in which they are prepared, are exempt from licensing. That VCPR is considered to exist when: the veterinarian has assumed responsibility for medical judgments regarding the health of the animal(s) and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions; the veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or preliminary diagnosis, meaning the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s), and/or has made medically appropriate and timely visits to the premises; and the practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen.
The critical operational restriction was codified by APHIS on 11 May 2015 (80 FR 26819) in 9 CFR 107.1(a)(2). This rule mandates that all steps in the preparation of product being prepared under the 107.1(a)(1) exemption must be performed at the facilities that the veterinarian utilizes for the day-to-day activities associated with the treatment of animals. A veterinary assistant employed by the practitioner and working at that practice facility under the veterinarian's direct supervision may perform those steps.
A separate exemption exists under 9 CFR 107.1(b) for animal owners. An individual may prepare a biological product solely for administration to animals owned by that person. However, this owner exemption is strictly limited: the product cannot be sold, bartered, exchanged, or administered to animals owned by any third party. Furthermore, 9 CFR 107.1 reserves the Administrator's authority to demand safety and environmental impact data for any exempted product shipping live organisms, and prohibits shipping any exempted biologic that is worthless, contaminated, dangerous, or harmful.
State-licensed is intrastate and must not wear a USDA establishment number
Section 107.2 of 9 CFR provides an exemption from federal USDA licensing for biological products prepared solely for distribution within the State of production pursuant to a State license. To qualify, the State government—not an individual firm—must formally petition the APHIS Administrator and demonstrate that its state biologics program enforces statutory standards consistent with the Virus-Serum-Toxin Act.
For veterinary teams inspecting a package, 9 CFR 114.2(c)(1) establishes rigid physical labeling and distribution rules that distinguish State-licensed biologics from federal products:
Strictly Intrastate Distribution: A State-licensed biological product may be distributed and shipped solely within the borders of the State in which it was produced. Any movement across state lines immediately forfeits the 107.2 exemption and constitutes a federal violation of 21 U.S.C. 151.
Prohibition of USDA Establishment Marks: Under 9 CFR 114.2(c)(1), a State-licensed biological product must not bear a U.S. Veterinary Biologics Establishment License Number (VLN) and must not otherwise be represented as having met the requirements for a U.S. Veterinary Biological Product License.
Distinct Visual Design: When a USDA-licensed establishment also manufactures State-licensed products under 107.2, the labeling and packaging of the State-licensed products must be distinctly different in color and design from federally licensed products to prevent confusion.
Mandatory State Identification in True Name: Under 9 CFR 114.2(c)(5)(ii), the True Name of a State-licensed autogenous biologic must explicitly specify the State of licensure (for example, [State] Autogenous Bacterin).
Dual-licensed facilities are governed by 9 CFR 114.2(c)(5). When an autogenous isolate from a herd within a State is received at an establishment in that same State holding both a State autogenous license and a USDA product license, the isolate must be formally designated under one license or the other upon arrival. Switching that isolate to the other licensing authority requires formal approval from the alternate regulator.
Importantly, there is no centralized public federal registry listing which individual States currently maintain an active 107.2 biologics program. Attending clinicians and auditors must treat the State program status as an unverified field unless formal documentation from the relevant State Department of Agriculture is verified.
A USDA VLN is not an FDA NADA
A jurisdictional boundary separates veterinary biologics from pharmaceutical animal drugs. Under FD&C Act section 201(g), biological products meet the statutory definition of a drug. 21 CFR 510.4 then carves VSTA-conforming biologics out of section 512 animal-drug approval.
Under 21 CFR 510.4 and FDA's Animal Biologicals page (content current as of 7 January 2025), an animal drug produced and distributed in full conformance with the 1913 virus, serum, and toxin law and its regulations shall not be deemed subject to section 512 of the FD&C Act. Section 512 is the NADA and ANADA approval mechanism. FDA conditional approval and indexing are different FD&C Act identities; they are the job of the published legal-marketing worksheet, not this biologics page. A USDA VLN/PCN is not an FDA NADA, and a USDA conditional product license under 9 CFR 102.6 and 112.7(n) is not FDA conditional approval.
Consequently, veterinary biologics and pharmaceutical animal drugs carry fundamentally different credentials on their package labels:
USDA Biologics Credential: A USDA-licensed biologic displays a True Name, VLN/PCN, and serial number. It never bears an NADA or ANADA number.
FDA Animal Drug Credential: An FDA-approved drug bears an NADA or ANADA approval statement (e.g.,
Approved by FDA under NADA # XXX-XXX) or a Minor Species Indexing listing (MIF). It never carries a USDA establishment number or product code.Conditional Licensure vs. Conditional Approval: Under 9 CFR 102.6, the USDA APHIS Administrator may issue a conditional biological product license to meet an emergency, limited market, or local situation where purity, safety, and a reasonable expectation of efficacy are demonstrated. Under 9 CFR 112.7(n), all labels for conditionally licensed biologics must state: This product license is conditional; efficacy and potency have not been fully demonstrated. This is a USDA biologics identity. It must not be confused with FDA conditional drug approval under FD&C Act Section 571, which applies to pharmaceutical drugs and carries distinct FDA regulatory language.
Keep those FDA identities on their own pages: approved, conditionally approved, and indexed animal drugs; AMDUCA extra-label use versus compounding; the NADA process encyclopedia; and whether a labeled chew is food or an unapproved animal drug. This page also does not recast the USDA licensed-products census, vaccine adverse-event rankings, core dog or cat vaccine schedules, dog rabies or cat rabies monographs, refrigerator-excursion storage, or named-product pages such as Oncept, canine parvovirus monoclonal antibody, or RHDV2 vaccination.
Unlicensed commercial shipment: the residual classification
When a package fails to meet the USDA license, 107 exemption, State-license, or FDA animal-drug identities on this worksheet, it occupies the residual box: an unlicensed commercial shipment. 21 U.S.C. 151 and 9 CFR 102.2 make unlicensed commercial preparation and shipment that remaining box, not a seventh licensed class or a synonym for custom vaccine.
A product falls into this residual class if it exhibits any of the following commercial profiles:
It was manufactured by a commercial or diagnostic laboratory that lacks a valid USDA Veterinary Biologics Establishment License.
It was prepared by an outside commercial laboratory under the purported authority of a veterinarian's 107.1(a) exemption, in direct violation of the 2015 no-consignment rule.
It is sold as a custom or herd vaccine without a USDA product license, without a qualifying 107.1 or 107.2 exemption, and without an FDA animal-drug statement. A federally licensed autogenous biologic is not unlicensed merely because it crossed a State line; extra-herd use is a separate 113.113 authorization field.
It is a State-licensed biologic shipped across state lines in violation of 9 CFR 114.2(c)(1).
It lacks both USDA biologics credentials (VLN/PCN) and FDA drug approvals (NADA/ANADA), yet is sold commercially with therapeutic or immunizing claims.
Attending veterinarians must distinguish these unlicensed shipments from specialized regulatory classes that operate under separate CVB memoranda. For example, prescription-platform biologics (governed by Veterinary Services Memorandum No. 800.214), autologous cell therapies (VS Memorandum No. 800.121), and experimental biological products shipped under 9 CFR Part 103 for field trials operate under specific, documented permits. They do not constitute general custom autogenous biologics and must not be used to justify unverified custom packaging.
Package-identity decision matrix
The following canonical decision matrix outlines the seven legal classes, comparing their governing authority, mandatory package identifiers, facility boundaries, geographic distribution limits, and efficacy label requirements.
| Regulatory Class | Legal Authority | Package Identifiers | Preparation Facility | Distribution Scope | Efficacy & Potency Label |
|---|---|---|---|---|---|
| USDA-Licensed Commercial Biologic | 9 CFR Parts 102 & 112 | CVB True Name; VLN/PCN or VPN/PCN; Serial number | USDA-licensed establishment holding product license | Not an intrastate-only 107.2 identity; export labeling, if any, is a separate 112.2(e) question | Shown to be effective statement (9 CFR 112.2(a)(12)) |
| USDA-Licensed Autogenous Biologic | 9 CFR 113.113 & 112.7(l) | Autogenous True Name; VLN/PCN; Serial; Named antigens | USDA-licensed establishment holding autogenous license | Herd of origin under normal circumstances; adjacent use needs Administrator authorization and notice to the State Veterinarian; nonadjacent use needs Administrator authorization plus written State approval | Potency & efficacy not established mandatory disclaimer |
| 9 CFR 107.1(a) Practitioner Mix | 9 CFR 107.1(a) (80 FR 26819) | No prescribed true-name or VLN format; 107.1(a)(3) records must establish the VCPR and the exemption | Veterinarian's day-to-day clinical facility only; NO outside consignment | Administered solely to animals under veterinarian's direct VCPR | Exemption is not a 112.2 shown-to-be-effective finding and is not 112.7(l) autogenous labeling |
| 9 CFR 107.1(b) Animal Owner Mix | 9 CFR 107.1(b) | No prescribed USDA label format; use limited to animals owned by the preparer | Premises of animal owner | Solely for administration to animals owned by preparer; NO sale/barter | Exemption is not a 112.2 shown-to-be-effective finding and is not 112.7(l) autogenous labeling |
| 9 CFR 107.2 State-Licensed Biologic | 9 CFR 107.2 & 114.2(c) | State-licensed True Name (specifying State); NO USDA establishment number | State-licensed facility (or dual facility under 114.2(c)(5)) | Strictly INTRASTATE within State of licensure; NO interstate shipment | Subject to State statutory standards; distinct design |
| FDA Animal Drug | FD&C Act Sec. 512 / 21 CFR 510.4 | NADA, ANADA, conditional-approval, or MIF statement; not an NDC, Rx legend, or USDA VLN/PCN | FDA-registered drug establishment conforming to cGMP | Interstate commerce pursuant to approved drug labeling | NADA/ANADA substantial evidence is a different worksheet; do not treat CA or indexing as full approval here |
| Unlicensed Commercial Shipment | 21 U.S.C. 151 / 9 CFR 102.2 | Lacks valid VLN/PCN, NADA, or State true name; marketing stamps only | Unlicensed commercial or toll manufacturing facility | UNLAWFUL in interstate and commercial distribution | Unverified; distribution prohibited by federal statute |
The following logical flowchart demonstrates the step-by-step decision pathway for triage of an unfamiliar animal health packet:
graph TD
Start[Unfamiliar Animal Health Packet] --> AgencyCheck{Governed by USDA Biologics or FDA Drug?}
AgencyCheck -->|FDA NADA/ANADA/MIF| FDADrug[FDA Animal Drug: Governed by FD&C Act]
AgencyCheck -->|USDA Biologics Class| LicenseCheck{Bears Valid USDA Establishment Number VLN?}
LicenseCheck -->|Yes: VLN/PCN Present| ProductType{Product Type on Label?}
ProductType -->|Shown to be Effective Statement| CommBiologic[USDA-Licensed Commercial Biologic: 9 CFR 102/112]
ProductType -->|Potency & Efficacy Not Established| AutogBiologic[USDA-Licensed Autogenous Biologic: 9 CFR 113.113]
ProductType -->|Efficacy & Potency Not Fully Demonstrated| CondBiologic[USDA Conditional Product License: 9 CFR 102.6]
LicenseCheck -->|No VLN on Label| ExemptionCheck{Prepared Under Statutory Exemption?}
ExemptionCheck -->|Veterinarian in Own Practice Facility| PractMix[9 CFR 107.1a Practitioner Exemption]
ExemptionCheck -->|Animal Owner for Own Animals| OwnerMix[9 CFR 107.1b Owner Exemption]
ExemptionCheck -->|State License: Purely Intrastate| StateBiologic[9 CFR 107.2 State-Licensed Biologic]
ExemptionCheck -->|Commercial Lab without VLN or Consigned Mix| Unlicensed[Unlicensed Commercial Shipment: Violation of 21 USC 151]Worked example: one fictional packet
The following packet is stamped fictional. It is an identity worksheet, not a live serial, isolate, herd, manufacturer, remaining-month clock, dose, or a recommendation to buy or avoid a named establishment.
Observed marks on this one fictional packet: a true-name field reading only Autogenous Bacterin; a VLN/PCN-format placeholder (digits not reproduced and not looked up); a serial-style field (value not reproduced); named-microorganism language without reproducing organism names; an inactivated-culture statement; a herd-of-origin field (name fictional and not a live premises ID); and the full 9 CFR 112.7(l) sentence. Missing: the 9 CFR 112.2(a)(12) shown-to-be-effective statement; the 9 CFR 112.7(n) USDA conditional-license sentence; any FDA NADA, ANADA, conditional-approval, or MIF statement; any claim that every preparation step occurred at a veterinarian's day-to-day practice facility; any owner-only-use claim; and any State of licensure in the true name. Adjacent or nonadjacent Administrator authorization is not on the packet.
Mark each identity field present, missing, or unknown. Do not fill gaps with a remaining-month ranking or a live-license lookup.
| Identity mark | On this fictional packet | Citation | Assessment |
|---|---|---|---|
| Complete true name identical with a product license or permit | Field present as Autogenous Bacterin only; not matched to a live product license | 9 CFR 112.2(a)(1), 112.7(l) | Present as class language; live-license match unknown |
| VLN/PCN or VPN/PCN | Placeholder in VLN/PCN format; digits not reproduced | 9 CFR 112.2(a)(3) | Format present; not a live establishment lookup |
| Serial number | Serial-style field present; value not reproduced | 9 CFR 112.2(a)(9)(iv) | Present as a field; not a live lot |
| 9 CFR 112.2(a)(12) shown-to-be-effective statement | Not on the packet | 9 CFR 112.2(a)(12) | Missing |
| 9 CFR 112.7(l) autogenous potency-and-efficacy-not-established sentence, naming microorganism(s) | Full 112.7(l) sentence present, including or approved specialist; named-microorganism language present without reproducing organism names | 9 CFR 112.7(l) | Present |
| 9 CFR 112.7(n) USDA conditional-license sentence | Not on the packet | 9 CFR 112.7(n) | Missing |
| Described as inactivated | Inactivated-culture statement present | 9 CFR 113.113 | Present |
| Herd of origin named | A herd-of-origin field is present; the name is fictional and is not a live premises ID | 9 CFR 101.2, 113.113(a) | Field present; live herd unknown |
| Adjacent or nonadjacent Administrator authorization | Not on the packet | 9 CFR 113.113(a)(2) and (a)(3) | Unknown; not a default shipping radius |
| 9 CFR 107.1(a) same-facility preparation, not consigned to a commercial laboratory | Not claimed; VLN/PCN format is inconsistent with a 107.1(a) exemption mark | 9 CFR 107.1(a)(2) | Missing / not this box |
| 9 CFR 107.1(b) owner-only use | Not claimed | 9 CFR 107.1(b) | Missing / not this box |
| State of licensure in the true name and no USDA establishment number | True name does not specify a State; VLN/PCN format is present | 9 CFR 114.2(c)(1), 114.2(c)(5)(ii) | Missing / not the 107.2 box. Which States currently operate a 107.2 program remains unknown |
| FDA NADA, ANADA, conditional-approval, or MIF statement | Not on the packet | 21 CFR 510.4 | Missing / not an FDA animal-drug identity |
| Isolate-age or remaining-month clock | Not used as an identity ranking | 9 CFR 113.113(a)(4); VS Memorandum 800.69 as licensee interpretation | Unknown; not this worksheet's ranking |
Worksheet conclusion: On the marks that are present, this fictional packet occupies the USDA-licensed autogenous box (9 CFR 113.113 / 112.7(l)) rather than a 107.1 exemption, a 107.2 State-licensed product, a shown-to-be-effective commercial license, an FDA animal drug, or an unlicensed commercial shipment. That is an identity sort for one stamped-fictional packet. It is not proof that a live VLN exists, not Administrator authorization for adjacent or nonadjacent herds, not extra-label drug use under 21 CFR 530, and not a dose, mixing instruction, or vaccination schedule. Groups of animals under the same ownership at different locations remain separate herds under 9 CFR 101.2.
Sources
U.S. Code of Federal Regulations, Title 9, Section 102.2: Licenses required. Outlines the core federal statutory mandate that every establishment and biological product subject to the Virus-Serum-Toxin Act hold an unsuspended and unrevoked license.
U.S. Code of Federal Regulations, Title 9, Section 102.5: U.S. Veterinary Biological Product License. Establishes product-level licensing requirements, True Name assignment, and product code documentation.
U.S. Code of Federal Regulations, Title 9, Section 102.6: Conditional licenses. Details procedures for issuing conditional USDA biological product licenses under special circumstances.
U.S. Code of Federal Regulations, Title 9, Section 101.2: Administrative terminology. Provides statutory administrative definitions for herd of origin, adjacent herds, and nonadjacent herds.
U.S. Code of Federal Regulations, Title 9, Section 112.2: Final container label, carton label, and enclosure. Prescribes mandatory container and carton disclosures, including True Name, VLN/PCN format, serial numbers, and shown-to-be-effective indications.
U.S. Code of Federal Regulations, Title 9, Section 112.7: Special additional requirements. Mandates specific statutory labeling statements for autogenous biologics under paragraph (l) and conditional licenses under paragraph (n).
U.S. Code of Federal Regulations, Title 9, Section 113.113: Autogenous biologics. Defines production standards for licensed autogenous biologics, biological inactivation, herd-of-origin seed isolation, 18-month expiration, and Administrator authorizations.
U.S. Code of Federal Regulations, Title 9, Section 107.1: Veterinary practitioners and animal owners. Codifies statutory licensing exemptions for veterinary practitioners and animal owners, including practice-facility requirements and anti-consignment provisions.
U.S. Code of Federal Regulations, Title 9, Section 107.2: Products under State license. Establishes exemption criteria for biological products prepared solely for intrastate distribution pursuant to an approved State program.
U.S. Code of Federal Regulations, Title 9, Section 114.2: Products not prepared under license. Enforces labeling and shipping restrictions for State-licensed biologics, prohibiting USDA establishment marks and mandating distinct packaging.
United States Code, Title 21, Section 151: Preparation and sale of worthless or harmful products for domestic animals prohibited. The foundational statutory prohibition of the Virus-Serum-Toxin Act of 1913 prohibiting unapproved or dangerous animal biological products.
USDA Animal and Plant Health Inspection Service, Center for Veterinary Biologics: Common Questions About Veterinary Biologics. Official regulatory guidance affirming commercial licensing requirements, purity, safety, potency, and efficacy standards.
USDA APHIS Center for Veterinary Biologics: Licensed Veterinary Biological Product Information. Official agency portal explaining True Name assignments, establishment numbers (VLN), permit numbers (VPN), and product codes (PCN).
American Veterinary Medical Association: Use of autogenous biologics. AVMA policy stating that autogenous biologics are USDA-licensed products and should not be confused with 9 CFR Part 107 exemptions, and that they should not be mixed or chosen for cost alone.
USDA APHIS Veterinary Services: Memorandum No. 800.69 Guidelines for Autogenous Biologics. Administrative guidance for biologics licensees regarding autogenous production records, isolate storage, and adjacent/nonadjacent documentation.
USDA APHIS Center for Veterinary Biologics: Veterinary Services Memoranda Index. Central directory of active regulatory interpretations and licensee instructions issued by the CVB.
Federal Register, Vol. 80, No. 90 (May 11, 2015): Viruses, Serums, Toxins, and Analogous Products; Exemptions From Preparation Pursuant to an Unsuspended and Unrevoked License. Final rule preamble codifying the requirement that practitioner-exempt biologics be prepared on-site without consignment to commercial laboratories.
U.S. Food and Drug Administration, Center for Veterinary Medicine: Animal Biologicals. Jurisdictional policy statement outlining the statutory relationship between the FD&C Act and the Virus-Serum-Toxin Act.
U.S. Code of Federal Regulations, Title 21, Section 510.4: Biologics; products subject to license control. Carves animal biological products complying with VSTA out of FD&C Act Section 512 new animal drug approval requirements.
