I 

118TH CONGRESS 

2D SESSION H. R. 7380 

To amend the Federal Food, Drug, and Cosmetic Act to clarify and update 

the authority of the Food and Drug Administration to ensure national 

uniformity in the regulation of the marketing and labeling of companion 

animal pet food, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2024 

Mr. LATURNER (for himself, Mr. CUELLAR, Mr. WOMACK, Ms. DAVIDS of 

Kansas, and Mr. HARDER of California) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

clarify and update the authority of the Food and Drug 

Administration to ensure national uniformity in the regulation of the marketing and labeling of companion animal 

pet food, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pet Food Uniform Regulatory Reform Act of 2024’’ or 

6 the ‘‘PURR Act of 2024’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Pet food regulation. 

Sec. 4. Responsibilities. 

Sec. 5. Regulations. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) The pet food industry is a growing sector 

6 in the United States. Pet food exports have in7 creased by double digits over the last few years. 

8 (2) United States pet food manufacturers con9 tribute to the national economy by buying nearly 

10 $7,000,000,000 worth of agricultural products from 

11 farmers, ranchers, and farm-product processors 

12 every year. 

13 (3) Pet ownership has consistently grown in the 

14 United States, resulting in an increase in pet food 

15 sales and an accompanying increase in the interest 

16 by pet owners in how their companion animals’ food 

17 is regulated and produced. 

18 (4) Historically, pet food and livestock feed 

19 have been regulated under the same framework. 

20 However, as pet owners’ relationships with their pets 

21 have changed, so too has their understanding of 

22 pets’ nutritional needs and preferences. Pet food is 

23 specifically formulated to ensure complete nutrition 


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1 for the long and healthy lives of companion animals. 

2 Owning a companion animal provides profound men3 tal, social, and physical health benefits for pet own4 ers such as reduced blood pressure and stress levels, 

5 and research indicates that companion animals can 

6 play a role in managing depression. Before the en7 actment of this Act, the regulatory framework that 

8 was originally created for livestock feed no longer 

9 met the needs of pets or their owners. 

10 (5) Before the enactment of this Act, the regu11 latory framework governing pet food manufacture 

12 and sale, from ingredient approvals to labeling re13 quirements, was multifaceted and wildly incon14 sistent. Regulatory regimes varied by State, were de15 veloped in part by a combination of nongovern16 mental entities and State government agencies, and 

17 were overseen by the Food and Drug Administra18 tion’s Center for Veterinary Medicine. 

19 (6) Creating a more streamlined Federal regu20 latory process for new pet food ingredients allows for 

21 expedited advances for nutrition, greater innovation, 

22 and more functionality in a more predictable regu23 latory environment. 

24 (7) Replacing the patchwork of regulation of 

25 pet food with a uniform Federal regulatory frameVerDate Sep 11 2014 05:03 Feb 22, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7380.IH H7380

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1 work improves marketplace certainty, allows for 

2 more consistent and predictable ingredient review 

3 and market introductions, and enhances companion 

4 animal nutrition. 

5 (8) The nationwide availability of nutritious, 

6 safe, and affordable pet food is substantially im7 proved through a unified comprehensive Federal sys8 tem of oversight of the manufacture and sale of pet 

9 food. 

10 (9) The manufacture of pet food and its mar11 keting and sale is undertaken throughout the United 

12 States and its territories and is interstate commerce. 

13 SEC. 3. PET FOOD REGULATION. 

14 Chapter IV of the Federal Food, Drug, and Cosmetic 

15 Act (21 U.S.C. 341 et seq.) is amended by adding at the 

16 end the following: 

17 ‘‘SEC. 425. PET FOOD. 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘companion animal’ means a do20 mesticated canine or feline. 

21 ‘‘(2) The terms ‘generally recognized as safe’ 

22 and ‘GRAS’ mean generally recognized as safe under 

23 section 201(s). 

24 ‘‘(3) The term ‘pet food’ means any food manu25 factured and distributed for consumption by comVerDate Sep 11 2014 05:03 Feb 22, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7380.IH H7380

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1 panion animals, including treats, nutritional supple2 ments, and pet food ingredients. 

3 ‘‘(4) The term ‘pet food ingredient’ means an 

4 ingredient intended for use in pet food. 

5 ‘‘(5) The term ‘pet food ingredient submission’ 

6 means a submission to the Food and Drug Adminis7 tration for a pet food ingredient that is a petition 

8 under section 409 for any food additive, a petition 

9 under section 721 for a color additive, or a GRAS 

10 ingredient notification under subpart E of part 570 

11 of subchapter E of chapter I of title 21, Code of 

12 Federal Regulations (or successor regulations). 

13 ‘‘(b) PREEMPTION.—No State or a political subdivi14 sion of a State may directly or indirectly establish, main15 tain, implement, or enforce any authority or requirement 

16 relating to the marketing or labeling of pet food. 

17 ‘‘(c) GRAS INGREDIENTS.— 

18 ‘‘(1) INGREDIENTS DEEMED GRAS.—Ingredi19 ents that are intended for use in pet food, and are 

20 not specifically authorized for such use by the Food 

21 and Drug Administration as a food additive, a color 

22 additive, or otherwise as of the date of enactment of 

23 the PURR Act of 2024, are deemed to be GRAS 

24 if— 


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1 ‘‘(A) such ingredients are identified as ac2 ceptable for use in pet food in chapter 6 of the 

3 2024 edition of the ‘AAFCO Official Publica4 tion’ (or any subsequent amendments thereto or 

5 editions thereof); and 

6 ‘‘(B) there is no finding by the Food and 

7 Drug Administration that such ingredients are 

8 not GRAS. 

9 ‘‘(2) VOLUNTARY NOTIFICATION.—A pet food 

10 manufacturer is not required to notify the Food and 

11 Drug Administration of GRAS ingredients used in 

12 pet food, but may voluntarily notify the Food and 

13 Drug Administration of such GRAS ingredients that 

14 have not previously been recognized by the Food and 

15 Drug Administration as GRAS for use in pet food. 

16 ‘‘(d) TIMELY REVIEW.—Not later than 90 days after 

17 receipt of a pet food ingredient submission, the Secretary 

18 shall review such submission and issue an action letter 

19 that— 

20 ‘‘(1) approves such submission or, in the case 

21 of a GRAS ingredient notification, does not object to 

22 use; or 

23 ‘‘(2) sets forth— 

24 ‘‘(A) the specific deficiencies in such sub25 mission; and 


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1 ‘‘(B) where appropriate, the actions nec2 essary— 

3 ‘‘(i) for such submission to be ap4 proved; or 

5 ‘‘(ii) in the case of a GRAS ingredient 

6 notification, to resolve any concerns of the 

7 Secretary. 

8 ‘‘(e) INGREDIENTS SOMETIMES PRESENT.— 

9 ‘‘(1) IN GENERAL.—Pet food shall not be treat10 ed as misbranded by reason of stating in the pet 

11 food ingredient list on the product label that an in12 gredient of a type described in paragraph (2) is 

13 sometimes, but not always, present in the pet food. 

14 ‘‘(2) TYPES OF INGREDIENTS.—Paragraph (1) 

15 applies with respect to the following types of ingredi16 ents: 

17 ‘‘(A) Fat or oil ingredients. 

18 ‘‘(B) Flavor ingredients. 

19 ‘‘(C) Grain ingredients (including grain 

20 protein ingredients). 

21 ‘‘(3) LANGUAGE TO BE USED.—For an ingre22 dient in pet food to be labeled as sometimes present 

23 for purposes of paragraph (1), such ingredient shall 

24 be identified by— 


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1 ‘‘(A) words such as ‘or’, ‘and/or’, or ‘con2 tains one or more of the following:’; or 

3 ‘‘(B) other words indicating that the ingre4 dient may not be present. 

5 ‘‘(f) ORDER OF INGREDIENT LISTING.— 

6 ‘‘(1) IN GENERAL.—Pet food shall be treated as 

7 misbranded unless the ingredients required to be de8 clared on the labeling of a pet food are listed by 

9 common or usual name in descending order of pre10 dominance by weight. 

11 ‘‘(2) EXCEPTION.—If an ingredient in pet food 

12 is present in amounts of 2 percent or less by weight, 

13 then instead of identifying the ingredient in the 

14 order required by paragraph (1), the ingredient may 

15 be placed at the end of the pet food ingredient list 

16 following an appropriate quantifying statement, such 

17 as ‘Contains ll percent or less of llllll’ 

18 or ‘Less than ll percent of llllll’, with 

19 the blank percentage filled in with a threshold level 

20 of 2 percent, or, if desired, 1.5 percent, 1.0 percent, 

21 or 0.5 percent, as applicable. 

22 ‘‘(g) PERMISSIBLE MARKETING CLAIMS.—Pet food 

23 shall not be treated as misbranded by reason of the fol24 lowing claims in labeling and promotional materials for pet 

25 food, without premarket approval of such claims by the 


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1 Food and Drug Administration, if truthful, nonmis2 leading, and adequately substantiated: 

3 ‘‘(1) Claims regarding hairball control. 

4 ‘‘(2) Claims regarding tartar control, plaque re5 moval, and bad breath odor. 

6 ‘‘(3) Claims regarding the ability of pet food to 

7 support general urinary tract health. 

8 ‘‘(4) ‘Human grade’ claims for finished pet food 

9 (not for individual ingredients) if made under the 

10 following circumstances: 

11 ‘‘(A) Every ingredient in the pet food and 

12 the finished product is— 

13 ‘‘(i) stored, handled, processed, and 

14 transported in accordance with— 

15 ‘‘(I) section 117 of title 21, Code 

16 of Federal Regulations (or successor 

17 regulations); and 

18 ‘‘(II) the laws applicable to food 

19 for human consumption, including 

20 such laws relating to ingredients, 

21 process, or facility type; and 

22 ‘‘(ii) manufactured in accordance with 

23 section 507 of title 21, Code of Federal 

24 Regulations (or successor regulations). 


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1 ‘‘(B) Each facility that manufactures the 

2 finished pet food or an ingredient in the fin3 ished pet food is registered pursuant to section 

4 415 as a human food facility. 

5 ‘‘(C) The ‘human grade’ claims clearly in6 dicate that the food is pet food, such as by stat7 ing ‘dog food’ or ‘cat treats’. 

8 ‘‘(5) ‘Natural’ claims if made under the fol9 lowing circumstances. 

10 ‘‘(A) Subject to subparagraph (C), the 

11 term ‘natural’ refers to a food or ingredient de12 rived solely from plant, animal, or mined 

13 sources— 

14 ‘‘(i) in its unprocessed state; or 

15 ‘‘(ii) having been subject to physical 

16 processing, heat processing, rendering, pu17 rification, extraction, hydrolysis, 

18 enzymolysis, or fermentation, but not hav19 ing been produced by or subject to a 

20 chemically synthetic process and not con21 taining any additives or processing aids 

22 that are chemically synthetic except in 

23 amounts as might occur unavoidably in 

24 good manufacturing practices. 


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1 ‘‘(B) The term ‘natural’ is only used to 

2 reference the product as a whole when all of the 

3 ingredients and components of ingredients meet 

4 the description in subparagraph (A). 

5 ‘‘(C) If the food or ingredient contains 

6 chemically synthesized vitamins, minerals, or 

7 other trace nutrients used as ingredients in pet 

8 food, a disclaimer— 

9 ‘‘(i) identifies these ingredients; 

10 ‘‘(ii) is juxtaposed with the term ‘nat11 ural’; and 

12 ‘‘(iii) appears with the largest or most 

13 prominent use of the term ‘natural’ on 

14 each panel of the label on which the term 

15 appears, in the same style and color print 

16 and at least one-half the size of the term 

17 natural. 

18 ‘‘(D) A disclaimer under subparagraph (C) 

19 is not required when the term ‘natural’ is used 

20 in reference to one ingredient and is not refer21 ring to the whole product. 

22 ‘‘(h) GUIDANCE ON CERTAIN TOPICS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall issue 

24 guidance with respect to pet food addressing each of 

25 the following topics: 


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1 ‘‘(A) Methods for substantiating nutri2 tional adequacy of pet foods. 

3 ‘‘(B) Pet food metabolizable energy proto4 cols. 

5 ‘‘(C) Affidavits for pet food testing pro6 tocol completion. 

7 ‘‘(D) Data to support a calorie content 

8 claim. 

9 ‘‘(E) Analytical variations (Avs). 

10 ‘‘(F) Recommendations for use of mena11 dione sodium bisulfite complex (MSBC) in ani12 mal feed. 

13 ‘‘(2) INITIAL GUIDANCE.— 

14 ‘‘(A) TIMING.—Not later than 18 months 

15 after the date of enactment of the PURR Act 

16 of 2024, the Secretary shall issue initial guid17 ance under this subsection. 

18 ‘‘(B) BASIS.—The initial guidance under 

19 subparagraph (A) shall be based on the guid20 ance contained in the 2024 edition of the 

21 ‘AAFCO Official Publication’.’’. 

22 SEC. 4. RESPONSIBILITIES. 

23 Title X of the Federal Food, Drug, and Cosmetic Act 

24 (21 U.S.C. 391 et seq.) is amended by adding at the end 

25 the following: 


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1 ‘‘SEC. 1015. RESPONSIBILITIES FOR PET FOOD REGULA2 TION. 

3 ‘‘(a) DELEGATION OF RESPONSIBILITY.—The Sec4 retary shall delegate to the Director of the Center for Vet5 erinary Medicine responsibility for carrying out section 

6 425 and, as appropriate, other responsibilities and au7 thorities of the Food and Drug Administration with re8 spect to pet food. 

9 ‘‘(b) DUTIES.—The responsibilities of the Director of 

10 the Center for Veterinary Medicine shall include— 

11 ‘‘(1) conducting and coordinating science-based 

12 reviews of pet food ingredient submissions; 

13 ‘‘(2) submitting an annual report to the Con14 gress on performance metrics, including performance 

15 on— 

16 ‘‘(A) the review of submissions and 

17 issuance of action letters under section 425(d); 

18 ‘‘(B) the issuance of initial guidance under 

19 section 425(h) and any subsequent revisions to 

20 such guidance; and 

21 ‘‘(C) the proposal and finalization of initial 

22 regulations under section 5 of the PURR Act of 

23 2024 and any subsequent revisions to such reg24 ulations; 

25 ‘‘(3) educating pet owners, veterinarians, and 

26 the companion animal industry about pet food; 


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1 ‘‘(4) communicating and educating consumers 

2 on the safety of pet food; and 

3 ‘‘(5) carrying out research to support and im4 prove policies and regulatory decisions regarding pet 

5 food. 

6 ‘‘(c) DEFINITIONS.—In this section, the terms ‘com7 panion animal’, ‘pet food’, and ‘pet food ingredient sub8 mission’ have the meanings given to those terms in section 

9 425.’’. 

10 SEC. 5. REGULATIONS. 

11 (a) IN GENERAL.—The Secretary of Health and 

12 Human Services, acting through the Commissioner of 

13 Food and Drugs, shall— 

14 (1) not later than one year after the date of en15 actment of this Act, issue proposed regulations to 

16 implement the amendments made by this Act; and 

17 (2) not later than two years after the date of 

18 enactment of this Act, finalize such regulations. 

19 (b) CONTENTS.—The initial regulations promulgated 

20 to implement the amendments made by this Act shall in21 clude PF 1 through PF 12 of the ‘‘Model Regulations for 

22 Pet Food and Specialty Pet Food Under the Model Bill’’ 

23 in chapter 4 of the 2024 edition of the ‘‘AAFCO Official 

24 Publication’’. 

Æ 


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