♦ ♦ ♦ ♦ ♦ ♦ 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