EXPLANATORY STATEMENT
THERAPEUTIC GOODS (LISTING) NOTICE 2009 (No. 5)
Bovine whey Ig-rich fraction
Section 9A(5), Therapeutic Goods Act 1989
OUTLINE
Therapeutic Goods (Listing) Notice 2009 (No. 5) (the Listing Notice) is a Notice made by the delegate of the Minister for Health under subsection 9A(5) of the Therapeutic Goods Act 1989 (the Act).
The Listing Notice has the effect of permitting the use of “bovine whey Ig-rich fraction” as an active ingredient in listed medicines for oral use subject to the inclusion of advisory statements on the label.
The Listing Notice commenced on the day after it was registered on the Federal Register of Legislative Instruments (FRLI).
BACKGROUND
The Act provides for the establishment and maintenance of a national system of controls for the quality, safety, efficacy and timely availability of therapeutic goods that are used in Australia or exported from Australia. The Therapeutic Goods Administration (the TGA) is responsible for administering the Act.
Unless specifically exempted or authorised under the Act, therapeutic goods are required to be included in the Australian Register of Therapeutic Goods (the ARTG) before being supplied in, imported into, manufactured in or exported from Australia (sections 19B and 19D of the Act). Medicines are registered or listed in the ARTG, depending on the ingredients they contain and the therapeutic claims that are being made.
In Australia, products that contain low risk ingredients are referred to as listed medicines. Most listed medicines are considered to be of relatively low risk compared to other types of medicines, such as prescription and over-the-counter medicines, as they may only contain ingredients that have been approved by the TGA as being of low risk and may only make limited therapeutic claims.
Schedule 4 of the Therapeutic Goods Regulations 1990 (the Regulations) sets out those therapeutic goods that are required to be included in the part of the ARTG for listed medicines. Part 5 of Schedule 4 specifies substances other than vitamins, minerals and plant material that are for use in listed medicines. Division 3 of Part 5 specifies substances that may be ingredients of preparations, subject to the inclusion of a label advisory statement. At present, Schedule 4 of the Regulations does not include a reference to “bovine whey Ig-rich fraction” but it is anticipated that it will when the Regulations are next amended.
In order to facilitate the timely approval of new listable therapeutic goods, subsection 9A(5) of the Act allows the Minister for Health to publish a listing notice that has the effect of permitting the use of particular therapeutic goods in listed medicines subject to any specified conditions.
Pursuant to subsection 9A(6) of the Act, if Schedule 4 of the Regulations is amended to include reference to a substance that has been the subject of a listing notice, that listing notice ceases to have effect.
Bovine whey Ig-rich fraction
The ingredient “bovine whey Ig-rich fraction” is a concentrated immunoglobulin protein fraction prepared from whey, which is a by-product of cheese production from bovine (cow) milk. Bovine immunoglobulins have a well established role in providing calves with specific passive immune protection until their own immune system matures.
As milk is sourced exclusively from Australian herds that produce milk for human consumption, there are no issues with transmissible spongiform encephalopathies, such as “mad cow disease”.
The proposed dose range is 600-6000 mg/day, representing an intake of bovine immunoglobulins of approximately 300-3000 mg/day. The minimum dose is similar to the amount that would normally be ingested by consumers of some dairy foods.
As it is a component of milk, whey, and its immunoglobulin component, has a long history of human dietary consumption. Exposure to immunoglobulins across the proposed dose range is expected to be similar to exposure to immunoglobulins in other bovine colostrum products, which have been available in Australia for some time without any known adverse effects.
Bovine colostrum powder and bovine colostrum extract, containing 10-20% immunoglobulins, have been approved for use as active ingredients in listed medicines for several years. The only adverse reactions in the Australian database appear to be allergic reactions in young children ingesting colostrum-containing products.
The Complementary Medicines Evaluation Committee (CMEC) is a statutory committee established under subsection 52G(1) of the Act which gives scientific and policy advice to the Minister for Health and the Secretary to the Department of Health and Ageing regarding controls on the supply and use of complementary listed medicines, with particular reference to the safety and quality of products and, where appropriate, efficacy relating to the claims made for products.
At its meeting in December 2008, the CMEC recommended that this substance is suitable for use as an active ingredient in listed medicines where supported by appropriate evidence for any indications and claims made for the product.
The delegate of the Minister made the Listing Notice, a legislative instrument for the purposes of the Legislative Instrument Act 2003, to provide for “bovine whey Ig-rich fraction” to be used as an active ingredient in oral listed medicines subject to the inclusion of the following advisory statements in the product label, which are required for similar bovine-derived products:
- “Derived from cow’s milk”; and
- “Not suitable for use in children under the age of 12 months, except on health professional advice (or words to that effect”.
Draft Compositional Guidelines are prepared by the TGA and intended to set out the standards and requirements for the specific forms or types of substances for use in listed medicines where there is no monograph in the British Pharmacopoeia or other acceptable monograph.
The TGA has prepared draft Compositional Guidelines in relation to bovine whey Ig-rich fraction, and these will be available on the TGA’s Internet site (www.tga.gov.au) for consultation for six months following the registration of the Listing Notice on the FRLI.
CONSULTATION
Although the listing of the ingredient “bovine whey Ig-rich fraction” is minor and machinery in nature, the CMEC was consulted during the approval process for this ingredient.
REGULATION IMPACT STATEMENT
No Regulation Impact Statement is necessary in relation to the Listing Notice as the listing of the ingredient “bovine whey Ig-rich fraction” is minor and machinery in nature with no or low compliance costs and impact on business, individuals or the economy.