♦ ♦ ♦ Filed with the Office of the Secretary of State on November 15, 
2016. 
TRD-201605844 
Dr. Timothy Herrman 
State Chemist and Director 
Texas Feed and Fertilizer Control Service/Office of the Texas State 
Chemist Earliest possible date of adoption: January 1, 2017 
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 proposes amendments to 4 TAC Chapter 
63, Pet Food, by updating §63.9 Statement of Caloric Content 
and adding new §63.10 Descriptive Terms. 
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 proposal. 
Comments to the proposal may be submitted to Dr. Herrman 
by mail at Office of the Texas State Chemist, P.O. Box 3160, 
College Station, Texas 77841-3160; by fax at (979) 845-1389; 
or by e-mail at the following: tjh@otsc.tamu.edu. 
The amendment and new section are proposed under Texas 
Agriculture Code §141.004 which provides Texas Feed and Fer-
tilizer Control Service/Office of the Texas State Chemist with the 
authority to promulgate rules relating to the distribution of com-
mercial feeds. 
The Texas Agriculture Code, Chapter 141 of the Texas Commer-
cial Feed Control Act, Subchapter C, §141.051 is affected by the 
proposal. 
§63.9. Statement of Caloric Content. 
(a) The label of a dog or cat food shall [may] 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 "kilocalo-
ries per kilogram" ("kcal/kg") of product, and [may also be expressed] 
as kilocalories per familiar household measure (e.g., cans, or cups[, 
pounds]); [and] 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 Atwa-
ter" formula: ME (kcal/kg) = 10 [(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)] 
where CP = % crude protein as fed, DF + % crude fat as fed, NFE + 
% nitrogen-free extract (carbohydrate) as fed and the percentages of 
CP and CF are the [arithmetic] 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, [from proximate 
analyses of at least four production batches of the product], [and] 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 [The results of all the analyses used 
in the calculation must accompany the affidavit, and the claim on the 
label or other labeling must be followed parenthetically by the word 
"calculated";] 
(B) in accordance with a testing procedure established 
by the Association of American Feed Control Officials. [The summary 
data used in the determination of caloric content must accompany the 
affidavit. The value stated on the label shall not exceed or understate 
the value determined in accordance with subparagraph (A) of this para-
graph by more than 15%; and] 
(4) An affidavit shall be provided upon request of the 
Service, substantiating that the calorie content was determined by: 
[comparative claims shall not be false, misleading or given undue em-
phasis and must be based on the same methodology for both products.] 
(A) regulation PF9 (a)(3)(A) in which case the sum-
mary 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.[Labels of a dog or cat food bearing descriptors 
of caloric or fat content shall comply with the following:] 
[(1) When using the term "Light," "Lite," "Low Calorie," 
or words of similar designation: 
(A) Dog food product labels shall contain and state no 
more than 3,100 kcal ME/kg for products containing 15% or less mois-
ture, no more than 2,500 kcal ME/kg for products containing more than 
15% but less than 50% moisture, and no more than 900 kcal ME/kg 
for products containing 50% or more moisture. The label shall bear a 
calorie content statement. Feeding directions shall reflect a reduction 
in calorie intake consistent with the intended use. 
(B) Cat food product labels shall contain and claim no 
more than 3,250 kcal ME/kg for products containing 15% or less mois-
ture, no more than 2,650 kcal ME/kg for products containing more than 
15% but less than 50% moisture, and no more than 950 kcal ME/kg 
for products containing 50% or more moisture. The label shall bear a 
calorie content statement. Feeding directions shall reflect a reduction 
in calorie intake consistent with the intended use. 
(2) When using the term "Less" or "Reduced Calories" or 
words of similar designation, the percentage of reduction and the prod-
uct of comparison shall be explicitly stated and juxtaposed with the 
claim in the same size, style, and color print. The product label shall 
also bear a calorie content statement. Comparisons between products in 
different categories of moisture content (15% or less, more than 15% 
but less than 50%, 50% or more) are misleading. Feeding directions 
shall reflect a reduction in calories compared to feeding directions for 
the product of comparison. 
41 TexReg 9398 December 2, 2016 Texas Register (3) When using the terms "Lean," "Low Fat," or words of 
similar designation: 
(A) Dog food product labels shall contain and guaran-
tee no more than 9.0% crude fat for products containing 15% or less 
moisture, no more than 7.0% crude fat for products containing more 
than 15% but less than 50% moisture, and no more than 4.0% crude 
fat for products containing 50% or more moisture. The product label 
shall bear a maximum crude fat guarantee immediately following the 
minimum crude fat guarantee in addition to the mandatory guaranteed 
analysis information as specified in §63.2(c) of this title (relating to La-
bel Format and Labeling). 
(B) Cat food product labels shall contain and guaran-
tee no more than 10% crude fat for products containing 15% or less 
moisture, no more than 8.0% crude fat for products containing more 
than 15% but less than 50% moisture, and no more than 5.0% crude 
fat for products containing 50% or more moisture. The product label 
shall bear a maximum crude fat guarantee immediately following the 
minimum crude fat guarantee in addition to the mandatory guaranteed analysis as specified in §63.2(c) of this title. 
(4) When using the term "Less," "Reduced Fat," or words 
of similar designation on cat food labels, the percentage of reduction 
and the product of comparison shall be explicitly stated and juxtaposed 
with the claim in the same size, style, and color print. The product label 
shall also bear a maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaran-
teed analysis information as specified in §63.2(c) of this title. Com-
parisons between products in different categories of moisture content 
(15% or less, more than 15% but less than 50%, 50% or more) are mis-
leading.] 
§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: 
PROPOSED RULES December 2, 2016 41 TexReg 9399 ♦ ♦ ♦ (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: 
(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 pro-
posal and found it to be within the state agency's legal authority 
to adopt. 
Filed with the Office of the Secretary of State on November 15, 
2016. 
TRD-201605843 
Dr. Timothy Herrman 
State Chemist and Director 
Texas Feed and Fertilizer Control Service/Office of the Texas State 
Chemist Earliest possible date of adoption: January 1, 2017 
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 proposes an amendment to TAC 4, 
Commercial Fertilizer Rules by updating §65.6, concerning Dis-
tribution of Ammonium Nitrate or Ammonium Nitrate Material. 
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 listing Texas Commission on 
Environmental Quality as the current authority responsible for 
Tier II reporting. 
Comments to the proposal may be submitted to Dr. Herrman 
by mail at Office of the Texas State Chemist, P.O. Box 3160, 
College Station, Texas 77841-3160; by fax at (979) 845-1389; 
or by e-mail at the following: tjh@otsc.tamu.edu. 
The amendment is proposed under Texas Agriculture Code 63, 
§63.004 which provides Texas Feed and Fertilizer Control Ser-
vice/Office of the Texas State Chemist with the authority to pro-
mulgate 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 proposed amendment. 
§65.6 Distribution of Ammonium Nitrate or Ammonium Nitrate Ma-
terial 
(a) - (c) (No change.) 
(d) Risk Management. A person that stores ammonium nitrate 
or ammonium nitrate material shall: 
(1) provide evidence of compliance with the Texas 
Commission on Environmental Quality [Department of State Health 
Service] Tier II Chemical Reporting Program and Department of 
Homeland Security Chemical Facility Anti-Terrorism Standards 
registration requirements; 
(2) - (3) (No change.) 
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority 
to adopt. 
Filed with the Office of the Secretary of State on November 15, 
2016. 
TRD-201605845 
Dr. Timothy Herrman 
State Chemist and Director 
Texas Feed and Fertilizer Control Service/Office of the Texas State 
Chemist Earliest possible date of adoption: January 1, 2017 
For further information, please call: (512) 845-1121 
♦ ♦ ♦ 
4 TAC §65.13 
The Texas Feed and Fertilizer Control Service/Office of the 
Texas State Chemist proposes an amendment to 4 TAC Chapter 
65, Commercial Fertilizer Rules by updating, §65.13 Waste 
Products Distributed as Fertilizers. 
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. 
Comments to the proposal may be submitted to Dr. Herrman 
by mail at Office of the Texas State Chemist, P.O. Box 3160, 
College Station, Texas 77841-3160; by fax at (979) 845-1389; 
or by email at the following: tjh@otsc.tamu.edu. 
The amendment is proposed under Texas Agriculture Code, 
Chapter 63, §63.004, which grants Texas Feed and Fertilizer 
Control Service/Office of the Texas State Chemist the authority 
41 TexReg 9400 December 2, 2016 Texas Register