Part 3. TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST
The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist proposes to amend §63.6 concerning Directions for Use. This amendment to the pet food rules is taken to make them more in line with the Association of American Feed Control Officials' (AAFCO) Official Publication.
Dr. Tim Herrman, State Chemist and Director, Office of the Texas State Chemist (OTSC) has determined that adoption of these rules is consistent with the Association of American Feed Control Officials' Model Regulations for Pet and Specialty Pet Food and that there will be no significant cost or additional effort expended by the Office of the Texas State Chemist.
Dr. Herrman has also determined that, because the Texas Pet Food Rules currently address the feeding of a product suitable for intermittent or supplemental feeding only, the public benefit would be that the addition to the rules would address the directions for use of treats, snacks, and complete and balanced pet foods. The cost to small business and/or individuals would be non-consequential since the rule changes brings the Texas Administrative Code in alignment with the national guidelines contained in the Association of American Feed Control Officials' Model Regulations for Pet and Specialty Pet Food Regulations.
Comments on the proposal may be submitted to Dr. Tim Herrman, Office of the Texas State Chemist, P.O. Box 3160, College Station, Texas 77841-3160; by fax to (979) 845-1389; or via e-mail to tjh@otsc.tamu.edu.
The amendment to §63.6 of the pet food rules is proposed under the Texas Agriculture Code 141, §141.004 which provides Texas Feed and Fertilizer Control Service with the authority to promulgate rules relating to the distribution of commercial feeds.
The Texas Agriculture Code, Chapter 141, the Texas Commercial Feed Control Act, §141.051 is affected by the proposed amendment.
§63.6.Directions for Use.
(a) The label of a pet food product which is suitable only for intermittent or supplemental feeding or for some other limited purpose shall:
(1) bear a close and conspicuous disclosure to that effect; or
(2) contain specific feeding directions which clearly state that the product should be used only in conjunction with other foods.
(b) 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.
(c) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, 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.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 27, 2007.
TRD-200703293
Dr. Tim Herrman
State Chemist and Director, OTSC
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Earliest possible date of adoption: September 9, 2007
For further information, please call: (979) 845-1121