TITLE 4. AGRICULTURE

PART 3. TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST

CHAPTER 61. LABELING COMMERCIAL FEED

SUBCHAPTER C. LABELING

4 TAC §61.22

The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts amendments to TAC 4, Commercial Feed Rules by updating §61.22 Labeling of Commercial Feed. The amendments are adopted without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9397), and will not be republished.

Dr. Tim Herrman, State Chemist and Director, Office of the Texas State Chemist, concludes that for the first five-year period, there will be no fiscal implication for state or local government as a result of enforcing or administering the rule.

The public benefit from this rule change is to simplify labeling requirements, enabling better communication and alignment with the Association of American Feed Control Officials official publication.

No comments were received regarding adoption of the amendments.

The amendment is adopted under Texas Agriculture Code §141.004, which grants Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist the authority to promulgate rules relating to the distribution of commercial feeds.

The Texas Agriculture Code TAC 141 of the Texas Commercial Feed Control Act, Subchapter C, §141.051 and Subchapter A, §141.004 is affected by the adopted amendment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 12, 2017.

TRD-201700161

Dr. Timothy Herrman

State Chemist and Director

Texas Feed and Fertilizer Control Service/Office of the Texas StateChemist

Effective date: February 1, 2017

Proposal publication date: December 2, 2016

For further information, please call: (979) 845-1121


CHAPTER 63. PET FOOD

4 TAC §63.9, §63.10

The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts amendments to 4 TAC Chapter 63, Pet Food Rules, by updating §63.9, Statement of Caloric Content, and adding new §63.10, Descriptive Terms, with changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9400). The changes restore a deleted formula and correct typographical errors in §63.9(3)(A).

Dr. Tim Herrman, State Chemist and Director, Office of the Texas State Chemist, concludes that for the first five-year period, there will be no fiscal implication for state or local government as a result of enforcing or administering the rules.

No comments were received regarding the adoption.

The amendment and new rule are adopted under Texas Agriculture Code §141.004, which grants Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist the authority to promulgate rules relating to the distribution of commercial feeds.

The Texas Agriculture Code 141 of the Texas Commercial Feed Control Act, Subchapter C, §141.051 is affected by the adoption.

§63.9.Statement of Caloric Content.

(a) The label of a dog or cat food shall bear a statement of caloric content, provided:

(1) the statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Caloric Content";

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

(3) an affidavit shall accompany the request for label review substantiating that the caloric content was determined:

(A) by calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10 {(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)} where 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 averages 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

(B) in accordance with a testing procedure established by the Association of American Feed Control Officials.

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

(A) regulation PF9 (a)(3)A in which case the summary data used in the calculation shall be included in the affidavit; or

(B) regulation PF(a)(3)B in which case the summary data used in the determination of calorie content shall accompany the affidavit.

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

(A) 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 Regulation PF9(a)(3)A; or

(B) 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 Regulation PF9(a)(3)B.

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

§63.10.Descriptive Terms.

(a) Caloric Terms

(1) "Light"

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

(i) contain no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more but less than 65% moisture, and no more than 900 kcal ME/kg for products containing 65% or more moisture; and

(ii) include on the label a caloric content statement:

(I) in accordance with the format provided in Regulation PF9; and

(II) .which states no more than 3100 kcal ME/kg for products containing less than 20% moisture, no more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 900 kcal ME/kg for products containing 65% or more moisture; and

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

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

(i) contain no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products containing 65% or more moisture; and

(ii) include on the label a calorie content statement:

(I) in accordance with the format provided in Regulation PF9; and

(II) which states no more than 3250 kcal ME/kg for products containing less than 20% moisture, no more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture, and no more than 950 kcal ME/kg for products containing 65% or more moisture; and

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

(2) "Less" or "Reduced Calories"

(A) 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:

(i) 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; and

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

(iii) a calorie content statement in accordance with the format provided in Regulation PF9; and

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

(B) A comparison between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading.

(b) Fat Terms

(1) "Lean"

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

(i) contain no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture;

(ii) 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 Regulation PF4(a)(1); and

(II) a maximum crude fat guarantee which is no more than 9% crude fat for products containing less than 20% moisture, no more than 7% crude fat for products containing 20% or more but less than 65% moisture, and no more than 4% crude fat for products containing 65% or more moisture.

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

(i) contain a maximum percentage of crude fat which is no more than 10% crude fat for products containing less than 20% moisture, no more than 8% crude fat for products containing 20% or more but less than 65% moisture, and no more than 5% crude fat for products containing 65% or more moisture; and

(ii) 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 Regulation PF4(a)(1); and

(II) a maximum crude fat guarantee which is no more than 10% crude fat for products containing less than 20% moisture, no more than 8% crude fat for products containing 20% or more but less than 65% moisture, and no more than 5% crude fat for products containing 65% or more moisture.

(2) "Less" or "Reduced Fat"

(A) 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:

(i) 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; and

(ii) 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

(iii) 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 Regulation PF4(a)(1).

(B) A comparison on the label between products in different categories of moisture content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is misleading.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 12, 2017.

TRD-201700162

Dr. Timothy Herrman

State Chemist and Director

Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist

Effective date: February 1, 2017

Proposal publication date: December 2, 2016

For further information, please call: (979) 845-1121


CHAPTER 65. COMMERCIAL FERTILIZER RULES

SUBCHAPTER B. PERMITTING AND REGISTRATION

4 TAC §65.6

The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts amendments to 4 TAC 65, Commercial Fertilizer Rules, without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9400). The adopted amendments update §65.6, concerning Distribution of Ammonium Nitrate or Ammonium Nitrate Material, by naming the Texas Commission on Environmental Quality as the agency responsible for compliance with the Tier II Chemical Reporting Program. The rule text will not be republished.

Dr. Tim Herrman, State Chemist and Director, Office of the Texas State Chemist, concludes that for the first five-year period, there will be no fiscal implication for state or local government as a result of enforcing or administering the rule.

The public benefit is derived from correctly listing the Texas Commission on Environmental Quality as the current authority responsible for Tier II reporting.

No comments were received regarding adoption of the amendment.

The amendments are adopted under Texas Agriculture Code Chapter 63, §63.004, which grants Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist the authority to promulgate rules relating to the distribution of commercial fertilizers.

The Texas Agriculture Code TAC 63 of the Texas Commercial Fertilizer Control Act, Subchapter I, §§63.151 - 63.157, is affected by the adopted amendment.

Filed with the Office of the Secretary of State on January 12, 2017.

TRD-201700163

Dr. Timothy Herrman

State Chemist and Director

Texas Feed and Fertilizer Control Service/Office of the Texas StateChemist

Effective date: February 1, 2017

Proposal publication date: December 2, 2016

For further information, please call: (979) 845-1121


4 TAC §65.13

The Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist adopts amendments to TAC 4, Commercial Fertilizer Rules, by updating §65.13, Waste Products Distributed as Fertilizers, without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9400). The rule text will not be republished.

Dr. Tim Herrman, State Chemist and Director, Office of the Texas State Chemist, concludes that for the first five-year period, there will be no fiscal implication for state or local government as a result of enforcing or administering the rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Agriculture Code 63, §63.004, which grants Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist the authority to promulgate rules relating to the distribution of commercial fertilizers.

The Texas Agriculture Code TAC 63 of the Texas Commercial Fertilizer Control Act, Subchapter C, §§63.031 - 63.035, is affected by the amendment.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 12, 2017.

TRD-201700164

Dr. Timothy Herman

State Chemist and Director

Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist

Effective date: February 1, 2017

Proposal publication date: December 2, 2016

For further information, please call: (979) 845-1121