When AquaBounty sought to commercialize the first transgenic food animal in the mid 1990s (first produced in 1989), there was no official regulatory approach in place. Former CEO of AquaBounty technologies Dr. Ron Stotish in a 2012 abstract entitled “AquAdvantage salmon: pioneer or pyrrhic victory” (Transgenic Research 21: 913-914) wrote :
“AquaBounty consulted FDA and other government agencies in hopes of identifying a regulatory process that could be employed to review and approve the AquAdvantage salmon for food use in the United States. AquaBounty established an Investigational New Animal Drug [INAD] file with the Center for Veterinary Medicine in 1995, well in advance of any clear regulatory paradigm. Between 1995 and 2009, the sponsor [AquaBounty] conducted a variety of GLP studies aimed at meeting what was hoped to be the eventual regulatory requirement for an application of this nature. Although there was informal consultation and communication between the sponsor and CVM staff during this time, it was not until 2009 that CVM [FDA Center for Veterinary Medicine] released Guidance Document 187, codifying requirements for consideration of an application for a transgenic animal.”
This 2009 Guidance Document 187 was entitled “Regulation of Genetically Engineered Animals Containing Heritable rDNA Constructs”. The Federal Food Drug and Cosmetic Act (FFDCA), defines a drug as an “article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;” and “articles (other than food) intended to affect the structure or any function of the body of man or other animals.” A “New Animal Drug includes a drug intended for use in animals that is not generally recognized as safe and effective for use under the conditions prescribed, recommended, or suggested in the drug’s labeling, and that has not been used to a material extent or for a material time.” Using this definition the FDA considered the “regulated” article to be “the rDNA construct in a GE animal that is intended to affect the structure or function of the body of the GE animal, regardless of the intended use of products that may be produced by the GE animal.” Read the article.