COMMERCIAL FEED ((RULES))

This chapter is pursuant to RCW 15.53.9012 and regulates commercial feed distributed in Washington state for the purpose of uniformity with federal regulations and national consensus codes and ultimately to protect consumers from contaminated, adulterated, or misbranded commercial feed.

(1) This chapter applies to commercial feed as defined in RCW 15.53.901 which includes, but is not limited to, food for beef cattle, dairy cattle, equine, goats and sheep, chickens and turkeys, ducks and geese, fish, rabbits, and swine.

(2) Pet food for dogs (Canis familiaris), cats (Felis catus), and specialty pet food for any animal normally maintained in a household such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur are regulated under chapter 16-252 WAC.

(3) Processed animal waste as a commercial feed is regulated under chapter 16-256 WAC.

(4) If adulterated under RCW 15.53.902 for some but not all purposes, the following commodities are subject to the requirements of this chapter. If unadulterated, the following commodities are exempt from the requirements of this chapter.

(a) Unmixed whole seeds and physically altered entire unmixed seeds when such seeds are not chemically changed.

(b) Raw meat, hay, loose salt, straw, stover, silage, cobs, husks, and hulls when such commodities are not ground, mixed or intermixed with other materials.

(1) Adoption of regulations under the Federal Food, Drug and Cosmetic Act in this chapter is of the version effective February 9, 2017, and 21 U.S.C. 301 et seq., in this chapter is adoption of the version effective September 27, 2017.

(2) Adoption of provisions under the Association of American Feed Control Officials (AAFCO) official publication in this chapter is adoption of the provisions in the 2018 edition.

(3) If there is conflict between this chapter, chapter 15.53 RCW, adopted federal regulations, and adopted AAFCO provisions, the conflict must be resolved by giving precedence in the following order:

(a) Adopted federal regulations;

(b) Chapter 15.53 RCW;

(c) This chapter; and

(d) Adopted AAFCO provisions.

(1) The department adopts the Official Feed Terms and the Official Common and Usual Names and Definitions of Feed Ingredients in the AAFCO official publication.

(2) In addition, the following definitions apply to this chapter:

"Dehydrated grass meal" means the aerial portion of a grass plant that is:

(a) Cut before the formation of seed;

(b) Reasonably free of other crop plants, weeds, and mold;

(c) Finely ground; and

(d) Dried by artificial thermal means.

"Grain mixture feed" means mixed or intermixed whole or physically altered grains that:

(a) Are not chemically altered;

(b) May or may not contain molasses; and

(c) Except for molasses, contain no other additives.

"Grass seed by-products meal or pellets" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

"Grass seed screenings meal or pellets" means a product comprised chiefly of hulls obtained from the cleaning of various grass seeds.

"Guarantee" means a listing of specified nutrients or nonnutritive substances contained in a commercial feed that the manufacturer or distributor named on the label warrants.

"Guaranteed analysis" means a listing of the minimum, maximum or both minimum and maximum concentrations of specified nutrients contained in a commercial feed that the manufacturer or distributor named on the label warrants. Both minimum and maximum concentrations of specified nutrients contained in a commercial feed are stated on an "as is" basis rather than on a "one hundred percent moisture free" basis in units specified by these rules.

"Guarantor" means any person whose name appears on the label of a commercial feed and is responsible for:

(a) Product/label information that is not misleading or misbranded; and

(b) Compliance with product/label information and all applicable rules and regulation; and

(c) Licensing the facility that distributes in/into the state.

"Ingredient statement" means a collective and contiguous listing on the label of all ingredients of which the commercial feed is composed.

"Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a bulk commercial feed is distributed. This includes statements and promotions on company web sites or other internet-based customer interfaces.

"Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers, or accompanying such commercial feed. This includes statements and promotions on company web sites or other internet-based customer interfaces.

"Lot identifier" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A lot identifier is an individual lot, batch or production run number, code, date, or other suitable identification applied to the label, container, or package. In the case of bulk feed, the lot identifier is on a label, invoice, or shipping document accompanying the feed.

"Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(i))

"Nutritionally adequate" means the feed, when fed according to directions on the label, will meet the nutritional requirements of the class of animals for which the feed was manufactured.

"Nutritionally suitable" means nutritionally adequate.

"Pea bran" means a product consisting primarily of the various components from a pea splitting operation. Pea bran must contain at least ten percent crude protein and not more than thirty-eight percent crude fiber.

"Pea by-products meal" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. Pea by-products meal must contain at least fifteen percent crude protein and not more than thirty percent crude fiber.

"Pea meal" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. Pea meal must contain at least twenty percent crude protein and not more than eight percent crude fiber.

"Pea screenings meal" means a product consisting primarily of the various components from the screening and cleaning of peas. Pea screenings meal must contain at least ten percent crude protein and not more than thirty-eight percent crude fiber.

"Principal display panel" means the out-facing side of the feed tag, or if no tag, the part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

"Prohibited mammalian protein" has the same meaning as that term is defined in 21 C.F.R. Part 589.2000 (a)(1).

"Quantity statement" means the part of the label expressing net weight (mass), net volume (liquid or dry) or count.

"Repackage" means taking commercial feed from packages (no larger than one hundred pounds for dry feed or fifty-five gallons for liquid feed) and placing it into smaller packages for resale.

"Salvage commercial feed" means commercial feed still under control of the original manufacturer and will not be offered for sale at retail. Examples include, but are not limited to, start-up and over-run product, unpelleted commercial feed, specialty pet food fines, and other products not suitable for packaging for retail sale.

"Sell" or "sale" means all parts of exchanges concerning commercial feed including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for sale, and preparing for sale.

(1) The department adopts 21 C.F.R. Part 501 - Animal food labeling.

(2) Commercial feed, other than customer-formula feed, shall bear the information prescribed in this section on the label of the product and in the following format:

(a) Product name and brand name, if any, as specified in WAC 16-250-014(1).

(b) If a drug is used, label as specified in WAC 16-250-014(4).

(c) Purpose statement as specified in WAC 16-250-014(5).

(d) Guaranteed analysis as specified in WAC 16-250-014(6) and 16-250-036.

(e) Feed ingredients as specified in WAC 16-250-014(7) and 16-250-064.

(f) Directions for use and precautionary statements as specified in WAC 16-250-014(8).

(g) Name and principal mailing address of manufacturer or persons responsible for distributing the feed as specified in WAC 16-250-014(9).

(h) Quantity statement as specified in WAC 16-250-014(10).

(3)(a) The information as required in (2)(a),(b),(c) and (h) of this section must appear in its entirety on the principal display panel.

(b) The information as required in (2)(d),(e),(f) and (g) of this section shall be displayed in a prominent place on the feed tag or label, but not necessarily on the principal display panel. When a precautionary statement required by WAC 16-250-078 does not appear on the principal display panel, it must be referenced on the principal display panel with a statement such as "See back of label for precautions."

(4) None of the information required in this section shall be subordinated or obscured by other statements or designs.

(5) Customer-formula feed shall be accompanied with the information prescribed in this chapter using labels, invoice, delivery ticket, or other shipping document bearing the following information:

(a) The name and address of the manufacturer;

(b) The name and address of the purchaser;

(c) The date of sale or delivery;

(d) The customer-formula feed name and brand name, if any; and

(e) The product name and net quantity of each commercial feed and each other ingredient used in the customer-formula feed must be on file at the plant producing the product. These records do not have to be delivered with the customer-formula feed, but they must be:

(i) Kept on file for at least one year after the date of the last distribution;

(ii) Available to the purchaser, the dealer making the distribution, and the department on request; and

(iii) Meet the ingredient statement requirements in WAC 16-252-064.

(f) The direction for use and precautionary statements as required in WAC 16-250-078 and 16-250-082(1);

(g) If a drug containing product is used:

(i) The purpose of the medication (claim statement);

(ii) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with WAC 16-250-036(4); and

(h) The quantity statement.

(6) There are no label format requirements for customer-formula feed. However, a label, invoice, delivery ticket or other shipping document containing all of the information required in WAC 16-250-012(5) must:

(a) Accompany all deliveries of bulk or packaged customer-formula feed; and

(b) Be given to the purchaser; or

(c) If the purchaser is not present when the customer-formula feed is delivered, the label, invoice, delivery ticket or other shipping document may be left with the delivered feed in a place predetermined by the purchaser.

(7) All commercial feed must be labeled with a lot identifier sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product, but the lot identifier may be separate from the label information required in WAC 16-250-014.

(8) Labels must state all required label information in English. Commercial feed may be additionally labeled in other languages if the other language labels provide the same information as the English version of the label.

(9) No printed or written material (for example, pictures of animals or birds) of any kind that is misleading, incorrect, or at variance in any respect with the information required on the label may be attached to, appear on, or distributed with commercial feed.

(10) No label may contain statements referring to a competitive product or comparing the properties of a packaged feed to those of a competitive product unless the label specifically identifies the competitive product.

(11) No label may contain negative statements about a competitive product unless the director determines that such information is beneficial to the product's purchaser.

(12) The term "organic" may not appear on labels or shipping documents of any commercial feed unless the feed was produced under conditions that comply with the National Organic Standard for the production and handling of organic crops, livestock and processed food products. The National Organic Standard may be obtained from the department, or on the internet at http://www.ams.usda.gov/rules-regulations/organic.

Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this section.

(1) Product name and brand name, if any.

(a) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A commercial feed for a particular animal class, must be suitable for that purpose.

(b) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and may only be used in the product name of feeds produced by or for the firm holding the rights to such a name.

(c) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name: Provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

(d) The word "protein" shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.

(e) When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein": Provided, that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.

(f) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the department designates otherwise.

(g) The word "vitamin," or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in WAC 16-250-036(3).

(h) The term "mineralized" shall not be used in the name of a feed except for "TRACE MINERALIZED SALT." When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(i) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and/or goats.

(j) If the commercial feed consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (Blank is to be completed by using the species of animal from which the raw milk is collected.)

(2) Commercial feed must be considered a distinct brand if it differs in guaranteed analysis, trademark name, or any other characteristic method of marking. However, this requirement does not prevent a brand from being distributed in various physical forms.

(3) If the brand name contains either a percentage value that signifies crude protein or the word "protein," then the feed must contain no more than one and one-quarter percent nonprotein nitrogen.

(4) If a drug is used, the following shall appear on the label:

(a) The word "medicated" directly following and below the product name in a type size no smaller than one-half the type size of the product name.

(b) Purpose statement as required in subsection (5) of this section.

(c) The purpose of medication (claim statement).

(d) An active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with WAC 16-250-036(4).

(5) Purpose statement:

(a) The purpose statement shall contain the specific species and animal class(es) for which the feed is intended as defined in subsection (6) of this section.

(b) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class defined in subsection (6) of this section which may include, but is not limited to, weight range(s), sex, or ages of the animal(s) for which the feed is manufactured.

(c) The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended.

(d) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "For Further Manufacture of Feed" if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix. This section is applicable to commercial feeds regulated under subsection (6)(k) of this section.

(e) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state "For Further Manufacture of Feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds. This section is applicable to commercial feeds regulated under subsection (6)(k) of this section.

(f) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner.

(g) The statement of purpose for single ingredient feeds shall be stated as "Single Ingredient Feed" or "Feed Ingredient." The manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.

(6) Guarantees - Crude protein, equivalent crude protein from nonprotein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt and sodium shall be the sequence of nutritional guarantees when such guarantee is stated. Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, International Units, etc.) are listed in a sequence that provides a consistent grouping of the units of measure. Individual nutrient guarantees are not required if listed as exempt in (l) of this subsection.

(a) Required guarantees for swine formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for swine complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(b) Required guarantees for formula poultry feeds (broilers, layers and turkeys).

(i) Animal classes:

(ii) Guaranteed analysis for poultry complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(c) Required guarantees for beef cattle formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for beef complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(iii) Guaranteed analysis for beef mineral feeds must include the following nutrients (if added) on the label in the order listed below (all animal classes):

(d) Required guarantees for dairy formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for veal and herd replacement milk replacer must include the following nutrients on the label in the order listed below:

(iii) Guaranteed analysis for dairy cattle complete feeds and supplements must include the following nutrients on the label in the order listed below:

(iv) Guaranteed analysis for dairy mixing and pasture mineral feeds must include the following nutrients (if added) on the label in the order listed below:

(e) Required guarantees for equine formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for equine complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(iii) Guaranteed analysis for equine mineral feeds (all animal classes) must include the following nutrients on the label in the order listed below:

(f) Required guarantees for goat formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for goat complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(g) Required guarantees for sheep formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for sheep complete feeds and supplements (all animal classes) must include the following nutrients on the label in the order listed below:

(h) Required guarantees for duck and geese formula feeds.

(i) Animal classes:

(ii) Guaranteed analysis for duck and geese complete feeds and supplements (for all animal classes) must include the following nutrients on the label in the order listed below:

(i) Required guarantees for fish complete feeds and supplements must include the following nutrients on the label in the order listed below must include the following nutrients on the label in the order listed below:

Animal species shall be declared in lieu of animal class:

(j) Required guarantees for rabbit complete feeds and supplements.

(i) Animal classes:

(ii) Guaranteed analysis for rabbit complete feeds and supplements must include the following nutrients on the label in the order listed below:

(k) The required guarantees of grain mixtures with or without molasses and feeds other than those described in (a) through (j) of this subsection shall include the following items, unless exempted in (l) of this subsection, in the order listed:

(i) Animal class(es) and species for which the product is intended.

(ii) Guaranteed analysis must include the following nutrients on the label in the order listed below:

(l) Exemptions.

(i) A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when:

(A) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(B) The feed or feed ingredient is intended for nonfood producing animals and contains less than 6.5 percent total mineral.

(ii) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

(iii) Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(iv) Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made.

(v) The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.

(7) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of RCW 15.53.9016 (1)(c).

(a) The name of each ingredient as defined in the official publication of the Association of American Feed Control Officials, common or usual name, or one approved by the department.

(b) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the official publication of the Association of American Feed Control Officials in lieu of the individual ingredients; provided that:

(i) When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.

(ii) The manufacturer shall provide the department, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state. These records must be available to the department for inspection and copying for at least two years after the last date of distribution of the commercial feed.

(8) Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by WAC 16-250-078 and 16-250-082 appear elsewhere on the label.

(9) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state, zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.

(10) Quantity statement:

(a) Net quantity shall be declared in terms of weight, liquid measure or count, based on applicable requirements under Section 4 of the Fair Packaging and Labeling Act.

(b) Net quantity labeled in terms of weight shall be expressed both in pounds, with any remainder in terms, of ounces or common or decimal fractions of the pound, and in appropriate metric system units; or in the case of liquid measure, both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart, and in appropriate metric system units.

(c) When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

(11) When screenings are added to unmixed by-product feed, the term "screenings" must appear on the label:

(a) In the same size of type as the brand name; and

(b) Either as part of or immediately below the brand name.

(12) License applicants and licensees must submit copies of their commercial feed labels and labeling to the department upon request for reasonable cause.

(13) When a commercial feed contains any ingredient or combination of ingredients for the purpose of imparting a distinct characteristic to the product that is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as part of the brand name or product name if:

(a) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(b) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

(1) The guarantees for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage.

(2) Mineral guarantees:

(a) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:

(i) When the minimum is below 2.5 percent, the maximum shall not exceed the minimum by more than 0.5 percentage point.

(ii) When the minimum is 2.5 percent but less than 5.0 percent, the maximum shall not exceed the minimum by more than one percentage point.

(iii) When the minimum is 5.0 percent or greater, the maximum shall not exceed the minimum by more than 20 percent of the minimum and in no case shall the maximum exceed the minimum by more than five percentage points.

(b) When stated, guarantees for minimum and maximum total sodium, and salt: Minimum potassium, magnesium, sulfur, phosphorus and maximum fluorine shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1 percent) or greater.

(c) Products labeled with a quantity statement (e.g., tablets, capsules, granules, or liquids) may state mineral guarantees in milligrams (mg) per unit (e.g., tablet, capsule, granule, or liquid) consistent with the quantity statement and directions for use.

(3) Guarantees for minimum vitamin content of commercial feed shall be listed in the order specified and are stated in mg/lb. or in units consistent with those employed for the quantity statement unless otherwise specified:

(a) Vitamin A, other than precursors of vitamin A, in International Units per pound.

(b) Vitamin D-3 in products offered for poultry feeding, in International Chick Units per pound.

(c) Vitamin D for other uses, International Units per pound.

(d) Vitamin E, in International Units per pound.

(e) Concentrated oils and feed additive premixes containing vitamins A, D and/or E may, at the option of the distributor be stated in units per gram instead of units per pound.

(f) Vitamin B-12, in milligrams or micrograms per pound.

(g) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: Menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.

(4) Guarantees for drugs shall be stated in terms of percent by weight, except:

(a) Antibiotics, present at less than two thousand grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.

(b) Antibiotics present at two thousand or more grams per ton (total) of commercial feed, shall be stated in grams per pound of commercial feed.

(c) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic.

(d) The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.

(5) Commercial feeds containing any added nonprotein nitrogen shall be labeled as follows:

(a) For ruminants:

(i) Complete feeds, supplements, and concentrates containing added nonprotein nitrogen and containing more than 5 percent protein from natural sources shall be guaranteed as follows: Crude protein, minimum, ___ percent (this includes not more than ___ percent equivalent crude protein from nonprotein nitrogen).

(ii) Mixed feed concentrates and supplements containing less than 5 percent protein from natural sources may be guaranteed as follows: Equivalent crude protein from nonprotein nitrogen, minimum, ___ percent.

(iii) Ingredient sources of nonprotein nitrogen such as urea, diammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows: Nitrogen, minimum, ___ percent equivalent crude protein from nonprotein nitrogen, minimum, ___ percent.

(b) For nonruminants:

(i) Complete feeds, supplements and concentrates containing crude protein from all forms of nonprotein nitrogen, added as such, shall be labeled as follows: Crude protein, minimum ___ percent (this includes not more than ___ percent equivalent crude protein which is not nutritionally available to species of animal for which feed is intended).

(ii) Premixes, concentrates or supplements intended for nonruminants containing more than 1.25 percent equivalent crude protein from all forms of nonprotein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

WARNING: This feed must be used only in accordance with directions furnished on the label.

(6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(7) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb.) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

(8) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(9) Guarantees for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food and specialty pet food products:

(a) A commercial feed which bears on its labeling a claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation, shall include on the label:

(i) Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee.

(ii) A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products.

(b) When such guarantees for dietary starch, sugars or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

(10) The labels on commercial feeds such as vitamin/mineral premix and base mix intended as a specialized nutritional source for use in the manufacture of other feeds, must state the intended purpose and guarantee that the nutrients are relevant to that purpose.

(11) When approved by the department, guarantees may be made for these special feeds even if there are no approved Association of Official Analytical Chemists (AOAC) methods for determining specific nutritional content of these specialized feeds.

(12) The sliding scale method of expressing a guaranteed analysis on a commercial feed label (for example "minimum crude protein 15-18 percent") is prohibited.

(13) Minerals, except salt, when quantitatively guaranteed, must be stated in terms of percentage of the element.

(14) Guaranteed analysis for all grain mixture, with or without molasses, commercial feed must include the following nutrients on the label in the order listed:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat; and

(c) Maximum percentage of crude fiber.

(1) A commercial feed, other than a customer-formula feed, shall be nutritionally suitable for its intended purpose as represented by its labeling.

(2) If the department has reasonable cause to believe a commercial feed is not nutritionally suitable, the department may request the feed manufacturer to either submit an "affidavit of suitability" or an alternative procedure acceptable to the department, certifying the nutritional adequacy of the feed. The affidavit of suitability or alternate procedure of suitability shall serve as substantiation of the suitability of the feed.

(3) If an affidavit of suitability, or alternative procedure acceptable to the department, is not submitted by the feed manufacturer within thirty days of written notification, the department may deem the feed adulterated under RCW 15.53.902 and order the feed removed from the marketplace.

(4) The affidavit of suitability shall contain the following information:

(a) The feed company's name;

(b) The feed's product name;

(c) The name and title of the affiant submitting the document;

(d) A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended purpose;

(e) The date of submission; and

(f) The signature of the affiant notarized by a certified notary public.

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the Official Definitions of Feed Ingredients as published in the AAFCO official publication, the common or usual name, or one approved by the department.

(2) The name of each ingredient must be shown in letters or type of the same size.

(3) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(4) The term "dehydrated" may precede the name of any product that has been artificially dried.

(5) A single ingredient product defined by the Association of American Feed Control Officials is not required to have an ingredient statement.

(6) Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, (i.e., sugar).

(7) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007 percent iodine, uniformly distributed.

(8) Ingredients on labels must be listed in descending order by weight.

(9) The ingredient statement must not contain commercial, copyrighted, brand, or trade names.

(10) The term "degermed" must precede the name of any product from which germs were wholly or partially removed.

(11) If a drug is used, the drug does not have to be listed in the ingredient statement. However, the drug name is required to be listed on the label.

(1) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) shall:

(a) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

(b) Include, but not be limited to, all information described by all applicable regulations adopted under the Federal Food, Drug, and Cosmetic Act.

(2) Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in WAC 16-250-082.

(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

(4) Raw milk distributed as a commercial feed shall comply with the provisions under chapters 15.36 and 15.37 RCW. The label shall display the following statements:

"WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." and "DECHARACTERIZED WITH HARMLESS FOOD COLORING."

(5) The label type size must meet the following:

(a) The name and address of the producer or distributor in letters not less than one-fourth inch in size.

(b) The name of the contents in letters not less than one-fourth inch in size.

(c) The words "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." in letters at least one-half inch in size.

(d) The words "DECHARACTERIZED WITH HARMLESS FOOD COLORING." in letters not less than one-fourth inch in size.

(1) Urea and other nonprotein nitrogen products defined in the AAFCO official publication are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(2) Nonprotein nitrogen defined in the AAFCO official publication, when so indicated, are acceptable ingredients in commercial feeds distributed to nonruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from nonprotein nitrogen sources when used in nonruminant rations shall not exceed 1.25 percent of the total daily ration.

(3) On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.

(1) Prior to approval of a registration application and/or approval of a label for commercial feed which contain additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(2) Satisfactory evidence of safety and efficacy of a commercial feed may be:

(a) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in 21 C.F.R., or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use; or

(b) When the commercial feed is itself a drug and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the United States Food and Drug Administration under section 512 of the Federal Food, Drug, and Cosmetic Act; or

(c) When one of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended; or

(d) When the commercial feed is a direct fed microbial product and:

(i) The product meets the particular fermentation product definition; and

(ii) The microbial content statement, as expressed in the labeling, is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms." This statement shall appear on the label; and

(iii) The source is stated with a corresponding guarantee expressed in accordance with WAC 16-250-036(7).

(e) When the commercial feed is an enzyme product, and:

(i) The product meets the particular enzyme definition defined by the Association of American Feed Control Officials; and

(ii) The enzyme is stated with a corresponding guarantee expressed in accordance with WAC 16-250-036(8).

(3) An artificial color may be used in commercial feed only if it has been shown to be harmless to animals. The department will accept the permanent or provisional listing of an artificial color in the United States Food and Drug Administration regulations as safe for use as satisfactory evidence that the color is harmless to animals provided that the manufacturer's use of the artificial color is consistent with the conditions, limitations, and tolerance prescribed by the federal regulation.

(4) Any feed ingredients or feed product must not contain materials that enhance the natural color of a feed if it conceals inferiorities.

(1) The department adopts 21 C.F.R. Part 589 – Substances prohibited from use in animal food or feed.

(2) For the purpose of RCW 15.53.902, the terms "poisonous substances" or "deleterious substances" include, but are not limited to, the following:

(a) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20 percent for breeding and dairy cattle; 0.30 percent for slaughter cattle; 0.30 percent for sheep; 0.35 percent for lambs; 0.45 percent for swine; and 0.60 percent for poultry.

(b) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004 percent for breeding and dairy cattle; 0.009 percent for slaughter cattle; 0.006 percent for sheep; 0.01 percent for lambs; 0.015 percent for swine and 0.03 percent for poultry.

(c) Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight.

(d) Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.

(e) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (thiamine).

(3) When screenings are added to unmixed by-product feed, the screening must not contain any seed, pesticide, or other product that renders it adulterated within the meaning of RCW 15.53.902.

(4) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than one viable prohibited noxious weed seed per pound and not more than twenty-five viable restricted noxious weed seeds per pound.

(5) For purposes of this rule, prohibited noxious weed seeds are those listed in WAC 16-301-045 (Prohibited noxious weed seeds) and restricted noxious weed seeds are those listed in WAC 16-301-050 (Restricted noxious weed seeds).

(6) Feed containing raw or unprocessed animal waste is adulterated under this chapter.

(7) In addition to the requirements in subsection (2) of this section, the terms "poisonous substances" or "deleterious substances" as used in RCW 15.53.902 include, but are not limited to, any ingredient that contains more than twenty parts per billion aflatoxin B1, B2, G1, G2, individually or in total.

The department adopts the following federal regulations as current good manufacturing practice:

(1) The regulations prescribing good manufacturing practices for Type B and Type C medicated feeds as published in 21 C.F.R. Part 225.1 – 225.202.

(2) The regulations prescribing good manufacturing practices for Type A medicated articles as published in 21 C.F.R. Part 226.1 - 226.115.

(3) The requirements of 21 C.F.R. Part 507 – Current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals.

(4) The requirements of 21 C.F.R. Part 113 – Thermally processed low-acid foods packaged in hermetically sealed containers.

(5) The regulations and requirements governing emergency permit control in 21 C.F.R. Part 108.

The department adopts the requirements of 21 C.F.R. Part 589.2000 – Animal proteins prohibited in ruminant feed; and 21 C.F.R. Part 589.2001 – Cattle materials prohibited in animal food or feed to prevent the transmission of bovine spongiform encephalopathy.

(1) The department adopts the definitions of 21 C.F.R. Part 558.3(b).

(2) The department adopts the requirements of 21 C.F.R. Part 558.6 – Veterinary feed directive drugs.

Records relating the lot identifier to the manufacture, processing, packing, distribution, receipt, or holding of the product must be kept for two years after the last date of distribution.

(1) Except as provided for in RCW 15.53.9013, any person who manufactures a commercial feed in this state, or who distributes a commercial feed in or into this state; or whose name appears on a commercial feed label as guarantor, must obtain a commercial feed license for each facility that distributes in or into this state.

(2) The license application must be submitted on a form prescribed by the department.

(3) The license application must include:

(a) The name, mailing address, and contact information of the applicant;

(b) The name, mailing address, and contact information of the individual responsible for reporting tonnage;

(c) The name, mailing address, physical address, and contact information of the facility being issued the license;

(d) Types of business the firm is engaged in (manufacturer, distributor, guarantor);

(e) Types of processing;

(f) Types of feed distributed;

(g) Types of ingredients;

(h) Applicant's signature; and

(i) Date signed.

(4) A separate license application form is required for each location or facility.

(5) A fifty dollar fee must accompany each license application form.

(6) License application forms can be obtained from the department online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx; by emailing the animal feed program at feedreg@agr.wa.gov, or by phone at 360-902-1942.

(1)(a) Each licensee must file a semiannual report on forms provided by the department setting forth the number of tons of commercial feed distributed in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of feed distributed by type of mixed feed by animal class, feed ingredients, signature of person filing report, and date signed.

(2) An inspection fee on all commercial feed sold for distribution in or into this state during the year must accompany the semiannual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Semiannual reporting forms can be obtained online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx; by emailing the animal feed program at feedreg@agr.wa.gov; or by phone at 360-902-1942.

(5) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

(1) Electronic access to 21 C.F.R. is available at https://www.gpo.gov/fdsys/search/home.action. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. If you do not have electronic access, contact:

U.S. Government Publishing Office

P.O. Box 979050

St. Louis, MO 63197-9000

Phone 1-866-512-1800

(2) Online and print copies of the AAFCO official publication can be purchased from AAFCO online at http://www.aafco.org/Publications. If you do not have electronic access, print copies can also be purchased from:

AAFCO

1800 South Oak Street, Suite 100

Champaign, IL 61820

Phone 217-356-4221

(3) A copy of these publications are available for inspection at:

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street S.E.

Olympia, WA 98504-2560

COMMERCIAL FEED ((RULES))—PET FOOD AND SPECIALTY PET FOOD

This chapter is pursuant to RCW 15.53.9012 and regulates commercial feed, specifically pet food and specialty pet food distributed in Washington state for the purpose of uniformity with federal regulations and national consensus codes and ultimately to protect consumers from contaminated, adulterated, or misbranded pet food and specialty pet food.

(1) This chapter applies to pet food as defined in RCW 15.53.901, which includes food for dogs (Canis familiaris) and cats (Felis catus).

(2) This chapter applies to specialty pet food as defined in RCW 15.53.901 and includes any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(3) If adulterated under RCW 15.53.902 for some but not all purposes, the following commodities are subject to the requirements of this chapter. If unadulterated, the following commodities are exempt from the requirements of this chapter.

(a) Unmixed whole seeds and physically altered entire unmixed seeds when such seeds are not chemically changed.

(b) Raw meat, hay, loose salt, straw, stover, silage, cobs, husks, and hulls when such commodities are not ground, mixed or intermixed with other materials.

(1) Adoption of regulations under the Federal Food, Drug and Cosmetic Act in this chapter is of the version effective February 9, 2017, and 21 U.S.C. 301 et seq. in this chapter is adoption of the version effective September 27, 2017.

(2) Adoption of provisions under the Association of American Feed Control Officials (AAFCO) official publication in this chapter is adoption of the provisions in the 2018 edition.

(3) If there is conflict between this chapter, chapter 15.53 RCW, adopted federal regulations, and adopted AAFCO provisions, the conflict must be resolved by giving precedence in the following order:

(a) Adopted federal regulations;

(b) Chapter 15.53 RCW;

(c) This chapter;

(d) Adopted AAFCO pet food and specialty pet food provisions; and

(e) Adopted AAFCO commercial feed provisions.

(4) If this chapter is silent with regard to any aspect of pet food or specialty pet food, then the regulations under chapter 16-250 WAC apply.

(1) The department adopts the Official Feed Terms and the Official Common and Usual Names and Definitions of Feed Ingredients in the AAFCO official publication.

(2) In addition, the following definitions apply to this chapter:

"All life stages" means gestation/lactation, growth, and adult maintenance life stages.

"Dehydrated grass meal" means the aerial portion of a grass plant that is:

(a) Cut before the formation of seed;

(b) Reasonably free of other crop plants, weeds, and mold;

(c) Finely ground; and

(d) Dried by artificial thermal means.

"Distressed specialty pet food" means specialty pet food in distribution that is no longer available for retail sale. Examples of distressed specialty pet food include, but are not limited to, dented cans, torn bags, or specialty pet food past its sell-by date.

"Family" means a group of products, which are nutritionally adequate for any or all life stages based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol(s).

"Grain mixture specialty pet food" means mixed or intermixed whole or physically altered grains, that:

(a) Are not chemically altered;

(b) May or may not contain molasses; and

(c) Except for molasses, contain no other additives.

"Grass seed by-products meal or pellets" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

"Grass seed screenings meal or pellets" means a product com-prised chiefly of hulls obtained from the cleaning of various grass seeds.

"Guarantee" means a listing of specified nutrients or nonnutritive substances contained in a pet food or specialty pet food that the manufacturer or distributor named on the label warrants.

"Guaranteed analysis" means a listing of the minimum, maximum or both minimum and maximum concentrations of specified nutrients contained in a pet food or specialty pet food that the manufacturer or distributor named on the label warrants. Both minimum and maximum concentrations of specified nutrients contained in a pet food or specialty pet food are stated on an "as is" basis rather than on a "one hundred percent moisture free" basis in units specified by this chapter.

"Guarantor" means any person whose name appears on the label of a commercial feed and is responsible for:

(a) Product/label information that is not misleading or misbranded;

(b) Compliance with product/label information and all applicable rules and regulation; and

(c) Registering pet food/specialty pet food products distributed in/into the state.

"Immediate container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

"Ingredient statement" means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

"Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a pet food or specialty pet food is distributed, or on the invoice or delivery slip with which a bulk pet food or specialty pet food is distributed. This includes statements and promotion on company web sites or other internet based customer interfaces.

"Labeling" means all labels and other written, printed, or graphic matter upon a pet food or specialty pet food or any of its containers or wrappers, or accompanying such pet food or specialty pet food. This includes statements and promotion on company web sites or other internet based customer interfaces.

"Lot identifier" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A lot identifier is an individual lot, batch or production run number, code, date, or other suitable identification applied to the label, container, or package. In the case of bulk pet food or specialty pet food, the lot identifier is on a label, invoice, or shipping document accompanying the pet food or specialty pet food.

"Net weight" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(i).)

"Nutritionally adequate" means the pet food or specialty pet food, when fed according to directions on the label, will meet the nutritional requirements of the class of animals for which the pet food or specialty pet food was manufactured.

"Nutritionally suitable" means nutritionally adequate.

"Pea bran" means a product consisting primarily of the various components from a pea splitting operation. Pea bran must contain at least ten percent crude protein and not more than thirty-eight percent crude fiber.

"Pea by-products meal" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. Pea by-products meal must contain at least fifteen percent crude protein and not more than thirty percent crude fiber.

"Pea meal" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. Pea meal must contain at least twenty percent crude protein and not more than eight percent crude fiber.

"Pea screenings meal" means a product consisting primarily of the various components from the screening and cleaning of peas. Pea screenings meal must contain at least ten percent crude protein and not more than thirty-eight percent crude fiber.

"Principal display panel" has the same meaning as that term is defined in 21 C.F.R. Part 589.2000 (a)(1).

"Quantity statement" means the part of the label expressing net weight (mass), net volume (liquid or dry) or count.

"Repackage" means taking pet food and specialty pet food from packages (no larger than one hundred pounds for dry feed or fifty-five gallons for liquid feed) and placing it into smaller packages for resale.

"Salvage pet food and specialty pet food" means pet food and specialty pet food still under control of the original manufacturer and will not be offered for sale at retail. Examples include, but are not limited to, start-up and over-run product, unpelleted specialty pet food, specialty pet food fines, and other products not suitable for packaging for retail sale.

"Sell" or "sale" means all parts of exchanges concerning commercial feed including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for sale, and preparing for sale.

(1) Pet food and specialty pet food shall be labeled with the following information:

(a) Product name and brand name, if any, on the principal display panel as specified in WAC 16-252-024;

(b) A statement specifying the species name of pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(c) Quantity statement, as defined in WAC 16-252-008, by weight (pounds and ounces, and metric), liquid measure (quarts, pints and fluid ounces, and metric) or by count, on the principal display panel;

(d) Guaranteed analysis as specified in WAC 16-252-036;

(e) Ingredient statement as specified in WAC 16-252-064;

(f) A statement of nutritional adequacy or purpose if required under WAC 16-252-044;

(g) Feeding directions if required under WAC 16-252-106; and

(h) Name and address of the manufacturer or distributor as specified in WAC 16-252-122.

(2) When a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information shall appear on the outer container or wrapper.

(3) A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

(4) The use of the word "proven" in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence.

(5) No statement shall appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product.

(a) Statements referring to a competitive product or comparing the properties of a packaged food to those of a competitive product must not appear on a label unless the competitive product is specifically identified.

(b) Negative statements regarding a competitive product must not appear on a label unless the director determines that the information provided by the statements is beneficial to the product's purchaser.

(6) A personal or commercial endorsement is permitted on a pet food or specialty pet food label provided the endorsement is not false or misleading.

(7) A statement on a pet food or specialty pet food label stating "Improved," "New," or similar designation shall be substantiated and limited to six months production.

(8) A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated and limited to one year production, after which the claim shall be removed or resubstantiated.

(9)(a) Raw milk distributed as a commercial feed shall comply with the provisions under chapters 15.36 and 15.37 RCW. The label shall display the following statements: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." and "DECHARACTERIZED WITH HARMLESS FOOD COLORING."

(b) The label type size must meet the following:

(i) The name and address of the producer or distributor in letters not less than one-fourth inch in size;

(ii) The name of the contents in letters not less than one-fourth inch in size;

(iii) The words "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." in letters at least one-half inch in size; and

(iv) The words "DECHARACTERIZED WITH HARMLESS FOOD COLORING." in letters not less than one-fourth inch in size.

(10) All pet food and specialty pet food must be labeled with a lot identifier sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product, but the lot identified may be separate from the label information required under this section.

(11) Labels must state all required label information in English. Pet food and specialty pet food may be additionally labeled in other languages if the other language labels provide the same information as the English version of the label.

(12) The term "organic" may not appear on labels or shipping documents of any pet food or specialty pet food unless the food was produced under conditions that comply with the National Organic Standard for the production and handling of organic crops, livestock and processed food products. The National Organic Standard may be obtained from the department, or on the internet at http://www.ams.usda.gov/rules-regulations/organic.

(13) When screenings are added to unmixed by-product pet food or specialty pet food, the term "screenings" must appear on the label:

(a) In the same size of type as the brand name; and

(b) Either as part of or immediately below the brand name.

(14) Distressed or salvage pet food or specialty pet food that contains, or may contain, prohibited mammalian protein must be labeled with the bovine spongiform encephalopathy precautionary statement "Do not feed to cattle or other ruminants."

(1) The words "100%," or "All," or words of similar designation shall not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one ingredient, not including water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments.

(2) An ingredient or combination of ingredients may form part of a product name of a pet food or specialty pet food:

(a) When the ingredient(s) constitutes at least ninety-five percent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients shall constitute at least seventy percent of the total product weight.

(b) When any ingredient(s) constitutes at least twenty-five percent of the weight of the product, provided that:

(i) Water sufficient for processing may be excluded when calculating the percentage, however, the ingredient(s) shall constitute at least ten percent of the total product weight; and

(ii) A descriptor is used with the ingredient name(s). This descriptor shall imply other ingredients are included in the product formula.

(iii) Examples of descriptors include "dinner," "platter," "entree," "formula," and "recipe"; and

(iv) The descriptor shall be in the same size, style, and color print as the ingredient name(s).

(c) When a combination of ingredients which are included in the product name in accordance with this subsection meets all of the following:

(i) Each ingredient constitutes at least three percent of the product weight, excluding water sufficient for processing;

(ii) The names of the ingredients appear in the order of their respective predominance by weight in the product; and

(iii) All such ingredient names appear on the label in the same size, style, and color print.

(3) When the name of any ingredient appears in the product name of a pet food or specialty pet food or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredient(s) must each constitute at least three percent of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The three percent minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments. The word "with," or similar designation, and named ingredients shall be in the same size, style, color and case print and be of no greater size than:

(4) A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following:

(a) The flavor designation:

(i) Conforms to the name of the ingredient as listed in the ingredient statement; or

(ii) Is identified by the source of the flavor in the ingredient statement.

(b) The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(c) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(5) The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by WAC 16-252-024 (2) or (3); provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(a) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(b) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

(6) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food or specialty pet food unless it is in compliance with WAC 16-252-024 (2), (3), or (4).

(7) When pet food or specialty pet food consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (Blank is to be completed by using the species of animal from which the raw milk is collected.)

(1) The "Guaranteed Analysis" shall be listed in the following order and format unless otherwise specified in this chapter:

(a) A pet food or specialty pet food label shall list the following required guarantees:

(i) Minimum percentage of crude protein;

(ii) Minimum percentage of crude fat;

(iii) Maximum percentage of crude fat, if required by WAC 16-252-121;

(iv) Maximum percentage of crude fiber;

(v) Maximum percentage of moisture; and

(vi) Additional guarantees shall follow moisture.

(b) When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture.

(c) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO dog (or cat) food nutrient profiles. Guarantees for substances not listed in the AAFCO dog (or cat) food nutrient profiles, or not otherwise provided for in this chapter, shall immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the AAFCO Dog (or Cat) Food Nutrient Profiles." The disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees.

(d) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO cat food nutrient profile. Guarantees for substances not listed in an AAFCO-recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the_______." (Blank is to be completed by listing the specific AAFCO-recognized nutrient profile.) This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

(2) The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label (for example, "Minimum crude protein 15–18%") is prohibited.

(3) The label of a pet food or a specialty pet food which is formulated as and represented to be a mineral supplement shall include:

(a) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(b) Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units specified in the AAFCO cat food nutrient profiles when no species-specific nutrient profile has been recognized by AAFCO; and provided that:

(c) Mineral guarantees required by WAC 16-252-036 (3)(a) and (b) may be expressed in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and

(d) A weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.

(4) The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include:

(a) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or

(b) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in the AAFCO cat food nutrient profiles when no species-specific nutrient profile has been recognized by AAFCO; and provided that:

(i) Vitamin guarantees required by WAC 16-252-036 (4)(a) and (b), may be expressed in approved units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and

(ii) A weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.

(5) When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply:

(a) The product shall meet the AAFCO-recognized nutrient profile;

(b) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile: However, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement as per WAC 16-252-044 (1)(a) or (2)(b)(i) appears elsewhere on the product label;

(c) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(d) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

(6) The maximum moisture declared on a pet food or specialty pet food label shall not exceed seventy-eight percent or the natural moisture content of the ingredients, whichever is higher. However, pet food and specialty pet food such as, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and which are so labeled, may contain moisture in excess of seventy-eight percent.

(7) Guarantees for crude protein, crude fat, and crude fiber are not required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

(8) Guarantees for microorganisms and enzymes shall be stated in the format as specified in WAC 16-250-036 (7) and (8).

(9) Guaranteed analysis for all grain mixture, with or without molasses, specialty pet food must include the following nutrients on the label in the order listed:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat; and

(c) Maximum percentage of crude fiber.

(10) A single mineral product that is defined in the "Mineral Products" subsection of the AAFCO official publication's "Official Common and Usual Names and Definitions of Feed Ingredients" section must guarantee the minerals included in the mineral products definition. For example, bone charcoal must guarantee calcium and phosphorous; calcium iodate must guarantee calcium and iodine.

(1) The label of a pet food or specialty pet food which is intended for all life stages and sizes of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

(a) The product meets the nutrient requirements for all life stages and sizes established by an AAFCO-recognized nutrient profile;

(b) The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s); or

(c) The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, provided that:

(i) The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO;

(ii) The family product meets the criteria for all life stages; and

(iii) Under circumstances of reasonable doubt, the department may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

(2) The label of a pet food or specialty pet food which is intended for a limited purpose (such as size of dog) or a specific life stage, but not for all life stages and sizes, may include a qualified claim such as "complete and balanced," "perfect," "scientific," or "100% nutritious" when the product and claim meet all of the following:

(a) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, "complete and balanced for puppies (or kittens)." The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style and color print; and

(b) The product meets at least one of the following:

(i) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile;

(ii) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s); or

(iii) The requirements of a product family which is nutritionally similar to a lead product which contains a combination of ingredients which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

(A) The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO;

(B) The family product meets the criteria for such limited purpose; and

(C) Under circumstances of reasonable doubt, the department may require the manufacturer to perform additional testing for the family product to substantiate the claim of nutritional adequacy.

(3) Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a "snack," "treat," or "supplement." The statement shall consist of one of the following:

(a) A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: Gestation/lactation, growth, maintenance, and all life stages. The claim shall be stated verbatim as one of the following:

(i) "(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _______." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance or the words "All Life Stages.") For a dog food, when the blank includes the words "Growth" or "All Life Stages," one of the following phrases must also be added verbatim to the end of the claim:

(A) "… including growth of large size dogs (70 lb. or more as an adult)" if the product has been formulated to meet the levels of nutrients specifically referenced in the dog food nutrient profiles as being applicable to large size growing dogs.

(B) "… except for growth of large size dogs (70 lb. or more as an adult)" if the product has not been formulated to meet the levels of nutrients specifically referenced in the dog food nutrient profiles as being applicable to large size growing dogs.

(ii) "Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for _____." (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance or the words "All Life Stages"); or

(iii) "(Name of Product) provides complete and balanced nutrition for _____ (blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance or the words "All Life Stages") and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests."

(b) A nutritional or dietary claim for purposes other than those listed in WAC 16-252-044 (1) or (2) if the claim is scientifically substantiated; or

(c) The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of WAC 16-252-044 (1) or (2) or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(4) A product intended for use by, or under the supervision or direction of a veterinarian shall make a statement in accordance with WAC 16-252-044 (3)(a) or (c).

(5) A signed affidavit attesting that the product meets the requirements of WAC 16-252-044 (1) or (2)(b) shall be submitted to the department upon request.

(6) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated.

(7) The following AAFCO-recognized nutritional authority, nutrient profile, and/or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(a) As an AAFCO-recognized nutrient profile or nutritional authority:

(i) For dogs, the AAFCO dog food nutrient profiles;

(ii) For cats, the AAFCO cat food nutrient profiles;

(iii) For specialty pets, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that, this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended.

(b) As an AAFCO-recognized animal feeding protocol(s), the AAFCO dog and cat food feeding protocols.

(1) Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows:

(a) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size, style and color;

(b) The ingredients shall be listed in descending order by their predominance by weight in nonquantitative terms;

(c) Ingredients shall be listed and identified by the name and definition established by AAFCO; and

(d) Any ingredient for which no name and definition have been so established shall be identified by the common or usual name of the ingredient.

(2) The ingredient "meat" or "meat by-products" shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination thereof. For example, ingredients derived from horses shall be listed as "horsemeat" or "horsemeat by-products."

(3) Commercial, copyrighted, brand or trade names shall not be used in the ingredient statement.

(4) A reference to the quality, nature, form, or other attribute of an ingredient shall be allowed when the reference meets all of the following:

(a) The designation is not false or misleading;

(b) The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

(c) A reference to quality or grade of the ingredient does not appear in the ingredient statement.

(5) If there is no official definition for an ingredient in the AAFCO official publication, then an ingredient with an AAFCO tentative definition may be used.

(6) Each ingredient of a pet food or specialty pet food must be listed separately. Collective terms may not be used on pet food or specialty pet food labeling.

(7) The term "degermed" must precede the name of any product from which germs were wholly or partially removed.

(8) When water is added in the preparation of canned pet food or specialty pet food, the water must be listed as an ingredient.

(1) An artificial color may be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Administration regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets.

(2) Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established:

(a) When the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in 21 C.F.R., or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use; or

(b) When the pet food or specialty pet food itself is a drug or contains a drug as defined in RCW 15.53.901 and is "generally recognized as safe and effective" for the labeled use or is marketed subject to an application approved by the United States Food and Drug Administration under 21 U.S.C. 360(b).

(3) When a drug is included in a pet food or specialty pet food, the format required by WAC 16-250-014(4) for labeling medicated feeds shall be used.

(4) Any pet food or specialty pet food ingredient or pet food or specialty pet food product must not contain materials that enhance the natural color of a food if it conceals inferiorities.

(1) Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in WAC 16-252-044 (3)(a), except those pet foods labeled in accordance with WAC 16-252-044(4), shall list feeding directions on the product label. These directions shall be consistent with the intended use(s) indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere (e.g., "adult formula"). These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state, "Feed (weight/unit of product) per (weight only) of dog (or cat)." The frequency of feeding shall also be specified.

(2) When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

(3) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in WAC 16-252-044(1), shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-recognized nutritional authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified.

(4) Any pet food or specialty pet food labeled as "snacks" or "treats" that contains a drug, must list feeding directions on the label. The directions must be expressed in common terms and appear prominently on the label. Feeding directions must, at a minimum, state, "Feed (weight/unit of product) per (weight only) of dog (or cat)." The frequency of feeding must also be specified.

(5) Pet food and specialty pet food snacks and treats do not require feeding directions on the label except when they are labeled as "complete and balanced" or contain a drug.

(6) Feeding directions may be on the label for snacks and treats even when not required.

(1) The label of a dog or cat food, including snacks, treats, and supplements, shall bear a statement of calorie content and meet all of the following:

(a) The statement shall be separate and distinct from the "Guaranteed Analysis" and appear under the heading "Calorie Content";

(b) The statement shall be measured in terms of metabolizable energy (ME) on an "as fed" basis and must be expressed both as "kilocalories per kilogram" (kcal/kg) of product, and as kilocalories per familiar household measure (e.g., cans or cups) or unit of product (e.g., treats or pieces); and

(c) The calorie content is determined by one of the following methods:

(i) By calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where ME = metabolizable energy, CP = % crude protein "as fed," CF = % crude fat "as fed," NFE = % nitrogen-free extract (carbohydrate) "as fed," and the percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to, scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF); or

(ii) In accordance with a testing procedure established by AAFCO.

(d) An affidavit shall be provided upon the request of substantiating that the calorie content was determined by:

(i) WAC 16-252-118 (1)(c)(i) in which case the summary data used in the calculation shall be included in the affidavit; or

(ii) WAC 16-252-118 (1)(c)(ii) in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(e) The calorie content statement shall appear as one of the following:

(i) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with (c)(i) of this subsection; or

(ii) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "fed" when the calorie content is determined in accordance with (c)(ii) of this subsection.

(2) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

(1) Calorie terms:

(a) "Light":

(i) A dog food product which bears on its label the terms "light," "lite," "low calorie," or words of similar designation shall:

(A) Contain no more than 3100 kcal ME/kg for products containing less than twenty percent moisture, no more than 2500 kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than 900 kcal ME/kg for products containing sixty-five percent or more moisture; and

(B) Include on the label a calorie content statement:

(I) In accordance with the format provided in WAC 16-252-118; and

(II) Which states no more than 3100 kcal ME/kg for products containing less than twenty percent moisture, no more than 2500 kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than 900 kcal ME/kg for products containing sixty-five percent or more moisture.

(C) Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.

(ii) A cat food product which bears on its label the terms "light," "lite," "low calorie," or words of similar designation shall:

(A) Contain no more than 3250 kcal ME/kg for products containing less than twenty percent moisture, no more than 2650 kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than 950 kcal ME/kg for products containing sixty-five percent or more moisture; and

(B) Include on the label a calorie content statement:

(I) In accordance with the format provided in WAC 16-252-118;

(II) Which states no more than 3250 kcal ME/kg for products containing less than twenty percent moisture, no more than 2650 kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than 950 kcal ME/kg for products containing sixty-five percent or more moisture; and

(III) Include on the label feeding directions which reflect a reduction in calorie intake consistent with the intended use.

(b) "Less" or "Reduced Calories":

(i) A dog or cat food product which bears on its label a claim of "less calories," "reduced calories," or words of similar designation, shall include on the label:

(A) The name of the product of comparison and the percentage of calorie reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(B) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim;

(C) A calorie content statement in accordance with the format provided in WAC 16-252-118; and

(D) Feeding directions which reflect a reduction in calories compared to feeding directions for the product of comparison.

(ii) A comparison between products in different categories of moisture content (i.e., less than twenty percent, twenty percent or more but less than sixty-five percent, sixty-five percent or more) is misleading.

(2) Fat terms:

(a) "Lean":

(i) A dog food product which bears on its label the terms "lean," "low fat," or words of similar designation shall:

(A) Contain no more than nine percent crude fat for products containing less than twenty percent moisture, no more than seven percent crude fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than four percent crude fat for products containing sixty-five percent or more moisture;

(B) Include on the product label in the guaranteed analysis:

(I) A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in WAC 16-252-036 (1)(a); and

(II) A maximum crude fat guarantee which is no more than nine percent crude fat for products containing less than twenty percent moisture, no more than seven percent crude fat for products containing twenty percent more but less than sixty-five percent moisture, and no more than four percent crude fat for products containing sixty-five percent or more moisture.

(ii) A cat food product which bears on its label the terms "lean," "low fat," or words of similar designation shall:

(A) Contain a maximum percentage of crude fat which is no more than ten percent crude fat for products containing less than twenty percent moisture, no more than eight percent crude fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than five percent crude fat for products containing sixty-five percent or more moisture; and

(B) Include on the product label in the guaranteed analysis:

(I) A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in WAC 16-252-036 (1)(a); and

(II) A maximum crude fat guarantee which is no more than ten percent crude fat for products containing less than twenty percent moisture, no more than eight percent crude fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than five percent crude fat for products containing sixty-five percent or more moisture.

(b) "Less" or "Reduced Fat":

(i) A dog or cat food product which bears on its label a claim of "less fat," "reduced fat," or words of similar designation, shall include on the label:

(A) The name of the product of comparison and the percentage of fat reduction (expressed on an equal weight basis) explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

(B) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and

(C) A maximum crude fat guarantee in the guaranteed analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in WAC 16-252-036 (1)(a).

(ii) A comparison on the label between products in different categories of moisture content (i.e., less than twenty percent, twenty percent or more but less than sixty-five percent, sixty-five percent or more) is misleading.

(1) The label of a pet food or specialty pet food shall specify the name and address of the manufacturer or distributor. The statement of the place of business shall include the street address, city, state, and zip code; however, the street address may be omitted if such street address is shown in a current city directory or telephone directory for the city listed on the label.

(2) When a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food or specialty pet food was manufactured or packaged or from where each package is to be distributed.

(1) The department adopts: 21 C.F.R. Chapter I, Part 589, Substances Prohibited from Use in Animal Food or Feed.

(2) For the purpose of RCW 15.53.902, the terms "poisonous or deleterious substances" include, but are not limited to, the following:

(a) When screenings are added to a pet food or specialty pet food, the screening must not contain any seed, pesticide, or other product that renders it adulterated within the meaning of RCW 15.53.902; and

(b) Be ground fine enough or otherwise treated to destroy the viability of the noxious weed seeds contained in the screening so that the finished product contains no more than one viable prohibited noxious weed seed per pound and not more than twenty-five viable restricted noxious weed seeds per pound.

(3) For purposes of this chapter, prohibited noxious weed seeds are those listed in WAC 16-301-045 (prohibited noxious weed seeds) and restricted noxious weed seeds are those listed in WAC 16-301-050 (restricted noxious weed seeds).

(4) Pet food or specialty pet food containing raw or unprocessed animal waste is adulterated under this chapter.

(5) In addition to the requirements under subsection (2) of this section, the terms "poisonous substances" or "deleterious substances" as used in RCW 15.53.902 include, but are not limited to, any ingredient that contains more than twenty parts per billion aflatoxin B1, B2, G1, G2, individually or in total.

The department adopts the following as current good manufacturing practices:

(1) The requirements of 21 C.F.R. Part 507 – Current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals.

(2) The requirements of 21 C.F.R. Part 113 – Thermally processed low-acid foods packaged in hermetically sealed containers.

(3) The regulations and requirements governing emergency permit control in 21 C.F.R. Part 108.

Records relating the lot identifier to the manufacture, processing, packing, distribution, receipt, or holding of the product must be kept for two years after the last date of distribution.

(1) Any person who distributes a pet food or specialty pet food in or into this state must register the product with the department as required under RCW 15.53.9014.

(2) The registration application must be submitted on a form prescribed by the department.

(3) The registration application must include:

(a) The name, mailing address, physical address, and contact information of the applicant;

(b) The name, mailing address, physical address, and contact information of the guarantor;

(c) The name, mailing address, physical address, and contact information of the manufacturer;

(d) Type of activities the manufacturer is engaged in:

(i) Species of animals the facility manufactures products for the guarantor;

(ii) Types of product the facility handles.

(e) Package size:

(i) Number of products distributed only in packages of ten pounds or more;

(ii) Number of products distributed both in packages of less than ten pounds and/or packages of ten pounds or more.

(f) Applicant's signature;

(g) Date signed;

(h) Electronic product label(s); and

(i) Registration fees as specified in RCW 15.53.9014(3).

(4) Registration application forms can be obtained from the department online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx; by emailing the animal feed program at petfood@agr.wa.gov, or by phone at 360-902-1844.

(1)(a) Each registrant must file a semi-annual report on forms provided by the department setting forth the number of tons of pet food or specialty pet food distributed in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of pet food or specialty pet food distributed by type of species, applicant's signature, and date signed.

(2) An inspection fee on all pet food or specialty pet food sold for distribution in or into this state during the year must accompany the semi-annual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Semi-annual reporting forms can be obtained online at https://agr.wa.gov/FoodAnimal/AnimalFeed/Forms.aspx; by emailing the animal feed program at petfood@agr.wa.gov; or by phone at 360-902-1844.

(5) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

(1) Electronic access to 21 C.F.R. is available at https://www.gpo.gov/fdsys/search/home.action. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. If you do not have electronic access, contact:

U.S. Government Publishing Office

P.O. Box 979050

St. Louis, MO 63197-9000

Phone 1-866-512-1800

(2) Online and print copies of the AAFCO Official Publication can be purchased from AAFCO online at http://www.aafco.org/Publications. If you do not have electronic access, print copies can also be purchased from:

AAFCO

1800 South Oak Street, Suite 100

Champaign, IL 61820

Phone 217-356-4221

(3) A copy of these publications are available for inspection at:

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street S.E.

Olympia, WA 98504-2560