§123.31. Emergency Bidding and Award Procedures. 
(a) Emergency Bidding. The Division may issue an advertise-
ment for a bid and let a bid for a period of time less than required by 
Texas Government Code, 2166.253, when an emergency condition re-
quires expedient action. 
(b) Emergency conditions. Emergency conditions include, but 
are not limited to: 
(1) preventing undue additional cost to a state agency; or 
(2) preventing or removing a hazard to life or property. 
(c) Emergency Award Procedures. The Executive Director, 
or designee of the Executive Director [his designee], is authorized to 
award construction contracts when conditions as described in subsec-
tion (b) of this section are determined to exist. The award shall be 
reported to the Commission at its next regularly scheduled meeting. 
(d) Documenting Emergency Conditions. Each time an emer-
gency is determined to exist, a written statement describing the emer-
gency condition shall be prepared for approval by the Executive Di-
rector, or designee of the Executive Director. Copies of the document 
shall be maintained in the Project file. 
§123.34. Xeriscaping. 
The Commission [Division] shall consult with the Texas Commission 
on Environmental Quality, the Texas Department of Transportation, the 
Texas Turfgrass Association[American Society of Landscape Archi-
tects], and the Texas Nursery and Landscape Association to develop 
design guidelines for the required use of xeriscape on state property 
associated with construction of a new state building. 
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 18, 
2016. 
TRD-201605996 
Kay Molina 
General Counsel 
Texas Facilities Commission 
Earliest possible date of adoption: January 1, 2017 
For further information, please call: (512) 463-3960 
♦ ♦ ♦ 
TITLE 4. AGRICULTURE 
PART 3. TEXAS FEED AND FERTIL-
IZER CONTROL SERVICE/OFFICE OF 
THE TEXAS STATE CHEMIST 
CHAPTER 61. COMMERCIAL FEED RULES 
SUBCHAPTER C. LABELING 
4 TAC §61.22 
The Texas Feed and Fertilizer Control Service/Office of the 
Texas State Chemist proposes amendments to TAC 4, Com-
mercial Feed Rules by updating §61.22, concerning Labeling 
Commercial Feed. 
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 changes to 
the rule are intended to streamline labeling, better communicat-
ing produce use to customers and align with the Association of 
American Feed Control Officials official publication. 
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. 
Comments on 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 
§141.004, which provides Texas Feed and Fertilizer Control 
Service/Office of the Texas State Chemist with 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 are affected by the proposed amendment. 
§61.22. Labeling of Commercial Feed. 
Commercial feed shall be labeled with the information prescribed in 
the Texas Commercial Feed Control Act (Act) and this chapter on the 
principal display panel of the product with the following general for-
mat, unless otherwise specifically provided. 
(1) Purpose Statement 
(A) -(B) (No change.) 
(C) The purpose statement may be excluded from the 
label if the product name includes a description of the specie(s) and an-
imal class(es) for which the product is intended [indication for animal 
class(es) and species(s) is not required on single ingredient products 
if the ingredient is not intended, represented, or defined for a specific 
animal class(es) or species(s)]. 
(D) A purpose statement of a premix limited to use in 
the further manufacture of commercial feed may exclude the animal 
class and species and state "For the Manufacture of Commercial Feed" 
if the nutrients contained in the premix are guaranteed an sufficient for 
formulation into various animal species feeds. 
(E) The purpose statement of single purpose ingredients 
blend limited to use in the further manufacture of commercial feed, 
such as a blend of animal protein products, milk products, fat prod-
ucts, roughage products or molasses products may exclude the animal 
class and species and state "For Further Manufacturing of Feed" if the 
label guarantees of the nutrients contained in the single purpose nutri-
ent blend are sufficient to provide for formulation into various animal 
species feeds. 
(F) The purpose statement of a product shall include a 
statement of enzyme functionality if enzyme activity is represented in 
any manner. 
(G) The statement of purpose for single ingredient feeds 
shall be stated as "Single Ingredient Feed" or "Feed Ingredient". The 
manufacturer of a single ingredient feed or feed ingredient shall have 
flexibility in describing in more specific and common language the in-
tended use of the feed ingredient dependent on species and class. 
(2) - (9) (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. 
PROPOSED RULES December 2, 2016 41 TexReg 9397 ♦ ♦ ♦ 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