Sec. 772.
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Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by adding at the end the following: In this section: The term ‘animal food’ means food for animals other than man and includes pet food, animal feed, and raw materials and ingredients. (reference 21 CFR 507.3). The term ‘animal food ingredient submission’ means an ingredient for submission to the Food and Drug Administration that is a petition under section 409 for any food additive, a petition under section 721 for a color additive, or a GRAS ingredient notification under subpart E of part 570 of subchapter E of chapter I of title 21, Code of Federal Regulations (or successor regulations).
The term ‘commercial feed’ means animal food manufactured and distributed for consumption by animals, other than companion animals. The term ‘companion animal’ means a domesticated canine or feline. The terms ‘generally recognized as safe’ and ‘GRAS’ mean generally recognized as safe under section 201(s). The term ‘pet food’ means any animal food manufactured and distributed for consumption by companion animals, including treats, nutritional supplements, and pet food ingredients.
The term ‘specialty pet’ means 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. The term ‘specialty pet food’ means any commercial feed prepared and distributed for consumption by specialty pets. No State or a political subdivision of a State may directly or indirectly establish, maintain, implement, or enforce any law, regulation, or other requirement relating to the labels, labeling, or advertising of animal food that differs from or extends beyond those established by the Food and Drug Administration.
Nothing in
(1)shall be construed to restrict, prevent, or otherwise prohibit State post-market food safety oversight activities, including but not limited to any such activities relating to implementation of the FDA Food Safety Modernization Act ( Public Law 111–353 ), outbreak investigations, surveillance sampling, the ability of states to regulate the names and definitions of commercial feed ingredients (excluding ingredients for use in pet food) not defined by the Food and Drug Administration, or investigations of consumer complaints. Ingredients that are intended for use in animal food and are not specifically authorized for such use by the Food and Drug Administration as a food additive, a color additive, or otherwise as of the date of enactment of the PURR Act of 2026, are deemed to be safe food additives and acceptable for use in animal food if— such ingredients are included in the Official Common or Usual Names and Definitions of Feed Ingredients section of chapter 6 of the 2024 edition of the ‘AAFCO Official Publication’ as accepted for use in specified species, or where species is not identified; and there is no finding by the Food and Drug Administration that such ingredients are not safe food additives. An animal food manufacturer is not required to notify the Food and Drug Administration of GRAS ingredients used in animal food, but may voluntarily notify the Food and Drug Administration of such GRAS ingredients that have not previously been recognized by the Food and Drug Administration as GRAS for use in animal food. Not later than 180 days after receipt of an animal food ingredient submission, the Secretary shall review such submission and issue an action letter that— approves such submission or, in the case of a GRAS ingredient notification, does not object to use; or sets forth— the specific deficiencies in such sub- mission; and where appropriate, the actions necessary— for such submission to be approved; or in the case of a GRAS ingredient notification, to resolve any concerns of the Secretary. Pet food and specialty pet food shall not be treated as misbranded by reason of stating in the ingredient list on the product label that an ingredient of a type described in paragraph
(2)is sometimes, but not always, present in the pet food or specialty pet food. Paragraph
(1)applies with respect to the following types of ingredients: Fat or oil ingredients. Flavor ingredients. Grain ingredients (including grain protein ingredients). For an ingredient in pet food or specialty pet food to be labeled as sometimes present for purposes of paragraph (1), such ingredient shall be identified by— words such as ‘or’, ‘and/or’, or ‘contains one or more of the following:’; or other words indicating that the ingredient may not be present. Pet food and specialty pet food shall be treated as misbranded unless the ingredients required to be declared on the label are listed by common or usual name in descending order of predominance by weight. If an ingredient in pet food or specialty pet food is present in amounts of 2 percent or less by weight, then instead of identifying the ingredient in the order required by paragraph (1), the ingredient may be placed at the end of the ingredient list following an appropriate quantifying statement, such as ‘Contains _ percent or less of _’or ‘Less than _ percent of _’, with the blank percentage filled in with a threshold level of 2 percent, or, if desired, 1.5 percent, 1.0 percent, or 0.5 percent, as applicable. Animal food shall not be treated as misbranded by reason of the following claims on labels and labeling and in advertising for animal food, without premarket approval of such claims by the Food and Drug Administration, if truthful, nonmisleading, and adequately substantiated with scientifically validated protocols endorsed by FDA guidance where available: Pet food claims regarding hairball control. Pet food claims regarding tartar control, plaque removal, and bad breath odor. Claims regarding the ability of pet food to support general urinary tract health. ‘Natural’ claims for animal food if all of the following circumstances are met: Subject to subparagraph (C), the term ‘natural’ refers to a food or ingredient derived solely from plant, animal, or mined sources— in its unprocessed state; or having been subject to physical processing, heat processing, rendering, purification, extraction, hydrolysis, enzymolysis, or fermentation, but not having been produced by or subject to a chemically synthetic process and not containing any additives or processing aids that are chemically synthetic except in amounts as might occur unavoidably in good manufacturing practices. The term ‘natural’ is only used to reference the product as a whole when all of the ingredients and components of ingredients meet the description in subparagraph (A). If the food or ingredient contains chemically synthesized vitamins, minerals, or other trace nutrients used as ingredients in animal food, a disclaimer— discloses the addition of such vitamins, minerals, and other trace nutrients by name or category; is juxtaposed with the term ‘natural’; and appears with the largest or most prominent use of the term ‘natural’ on each panel of the label on which the term appears, in the same style and color print and at least one-half the size of the term natural. A disclaimer under subparagraph
(C)is not required when the term ‘natural’ is used in reference to one ingredient and is not referring to the whole product. The Secretary shall issue guidance addressing each of the following topics: Methods for substantiating nutritional adequacy of pet foods. Pet food metabolizable energy protocols. Affidavits for pet food testing protocol completion. Data to support a calorie content claim for pet foods. Analytical variations
(AVs)for animal food. Recommendations for use of menadione sodium bisulfite complex
(MSBC)in animal feed. Not later than 18 months after the date of enactment of the PURR Act of 2026, the Secretary shall issue initial guidance under this subsection. The initial guidance under subparagraph
(A)shall be based on the guidance contained in the 2024 edition of ‘AAFCO Official Publication’. . Title X of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 391 et seq. ) is amended by adding at the end the following: The Secretary shall delegate to the Director of the Center for Veterinary Medicine responsibility for carrying out section 425 and, as appropriate, other responsibilities and authorities of the Food and Drug Administration with respect to animal food. The responsibilities of the Director of the Center for Veterinary Medicine shall include— conducting and coordinating science-based reviews of animal food ingredient submissions; submitting an annual report to the Congress on performance metrics, including performance on— the review of submissions and issuance of action letters under section 425(d); the issuance of initial guidance under section 425(h) and any subsequent revisions to such guidance; and the proposal and finalization of initial regulations under subsection
(c)and
(d)of the PURR Act of 2026 and any subsequent revisions to such regulations; educating pet owners, veterinarians, and the companion animal industry about pet food; communicating and educating consumers on the safety of pet food; and carrying out research to support and improve policies and regulatory decisions regarding animal food. In this section, the terms ‘animal food’, ‘companion animal’, ‘pet food’, ‘specialty pet’ and ‘animal food ingredient submission’, have the meanings given to those terms in section 425. . The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— not later than two years after the date of enactment of this Act, issue proposed regulations to implement the amendments made by this Act; and not later than three years after the date of enactment of this Act, finalize such regulations. The initial regulations promulgated to implement the amendments made by this Act shall include: for commercial feed, Regulation 1 through Regulation 10 of the “Model Regulations Under the Model Bill” in chapter 4 of the 2024 edition of the “AAFCO Official Publication”; and PF 1 through PF 12 of the “Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill” in chapter 4 of the 2024 edition of the “AAFCO Official Publication”.
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- Pub. L. 111-353
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