♦ ♦ ♦ ♦ ♦ ♦ Karen Ray 
Chief Counsel 
Texas Health and Human Services Commission 
Effective date: January 31, 2017 
Proposal publication date: November 4, 2016 
For further information, please call: (512) 462-6239 
TITLE 4. AGRICULTURE 
PART 3. TEXAS FEED AND FERTIL-
IZER 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 re-
quirements, enabling better communication and alignment with 
the Association of American Feed Control Officials official publi-
cation. 
No comments were received regarding adoption of the amend-
ments. 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 pro-
mulgate 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 adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
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 State 
Chemist 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 Con-
tent, 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 Agri-
culture Code §141.004, which grants Texas Feed and Fertilizer 
Control Service/Office of the Texas State Chemist the author-
ity 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 metaboliz-
able 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 re-
view substantiating that the caloric content was determined: 
(A) by calculation using the following "Modified At-
water" 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 percent-
ages 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 Ser-
vice, 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. 
42 TexReg 308 January 27, 2017 Texas Register (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 prod-
ucts 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 re-
flect 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 prod-
ucts 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 re-
flect 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 desig-
nation, 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 cate-
gories 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 prod-
ucts 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 immedi-
ately 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 immedi-
ately 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% mois-
ture, 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: 
ADOPTED RULES January 27, 2017 42 TexReg 309 ♦ ♦ ♦ ♦ ♦ ♦ 
♦ ♦ ♦ (i) the name of the product of comparison and the 
percentage of fat reduction (expressed on an equal weight basis) ex-
plicitly 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 Guaran-
teed Analysis immediately following the minimum crude fat guarantee 
in addition to the mandatory guaranteed analysis information as speci-
fied in Regulation PF4(a)(1). 
(B) A comparison on the label between products in dif-
ferent 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 adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
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, Com-
mercial 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 Environ-
mental 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 Com-
mission on Environmental Quality as the current authority re-
sponsible for Tier II reporting. 
No comments were received regarding adoption of the amend-
ment. 
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 author-
ity 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 af-
fected 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 State 
Chemist 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 amend-
ment. 
The amendment is adopted under Texas Agriculture Code 63, 
§63.004, which grants Texas Feed and Fertilizer Control Ser-
vice/Office of the Texas State Chemist the authority to promul-
gate 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 af-
fected by the amendment. 
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority. 
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 
TITLE 22. EXAMINING BOARDS 
42 TexReg 310 January 27, 2017 Texas Register