reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter C - LABELING › Section 61.21 - General Label Restrictions

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All labeling
				  information required by §141.051 or §141.052 of the Act or by this
				  title shall appear in its entirety on one side of the label or one side of the
				  feed container, except directions for use or precautionary statements, which
				  shall appear in a prominent place on the label or container, but not
				  necessarily on the same side of such label or container as other required label
				  information. When directions for use or cautionary statements appear on a
				  different side of the label or container than its principal display panel, such
				  principal display panel shall bear a reference to such information (e.g., "See
				  back for directions for use").
(b)
				  No labeling information required by the Act or this title shall be obscured or
				  subordinated by other statements or designs.
(c) A trademark or trade name owned by
				  another person may form part of the labeling of a commercial feed provided
				  that:
(1) the trademark, in the opinion of the
				  Service, contributes significantly in conveying to the purchaser important
				  information respecting a distinctive characteristic of the product;
(2) the display of the trademark or trade
				  name is no more conspicuous than the display of the name of the registrant or
				  guarantor of the product or other required information, i.e., its style, size
				  and color of print makes it no more likely to be read than the
				  accompanying/surrounding word(s), statement(s) or other required
				  information;
(3) the user of the
				  trademark has permission from the "owner" to use the trademark.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter C - LABELING › Section 61.23 - Labeling of Customer - Formula Feed

Current through Reg. 49, No.
				  28; July 12, 2024
(a) If
				  a customer-formula feed is identified by a label under the Act,
				  §141.053(a), the label, in addition to the requirements of that section,
				  shall bear the following information.
(1) If
				  the feed contains drug additives, the label shall include:
(A) the purpose of the medication;
(B) any directions for use or cautionary
				  statements required by §
												RSA
				  61.22(6) of this title
				  (relating to Labeling of Commercial Feed); and
(C) any active drug ingredient statement
				  required by §
												RSA
				  61.22(3)(D) of this title
				  (relating to Labeling of Commercial Feed).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter D - CHANGES IN LICENSING › Section 61.25 - Redesignation of Facility

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A facility
				  shall notify the Service to amend its license if, after licensing, it wishes:
(1) to distribute an ingredient or commercial
				  feed not previously distributed in the state for which safety and efficacy data
				  have not previously been approved by FDA, AAFCO or the Service;
(2) to distribute products normally exempt,
				  but subject to control by the Service, including, but not limited to,
				  aflatoxin-containing corn above 20 ppb; products incorporating poultry
				  litter;
(3) to change
				  ownership;
(4) to change physical
				  location; or
(5) to change
				  name.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter E - LABEL REVIEW › Section 61.29 - Label Review

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Service
				  shall provide, at no cost, written label review when the requestor represents a
				  facility licensed to distribute the product in Texas.
(b) The Service shall supply a detailed
				  report or label mark-up of changes necessary, if any, to bring the label into
				  compliance with the Texas Commercial Feed Act, §141.051 or §141.052.
(1) Implementation of those changes shall be
				  solely the responsibility of the requestor.
(2) Despite any report by the Service,
				  compliance with appropriate labeling regulations shall be solely the
				  responsibility of the guarantor of the product label.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter F - INSPECTION FEE › Section 61.31 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) The inspection fee shall be calculated
				  and reported on the basis of 2,000 pounds per ton.
(b) Any change regarding inspection fees may
				  be assessed preceding each quarter of the year.
(c) When the inspection fee is reduced or
				  increased, the manufacturer and other interested persons will be notified 30
				  days prior to the effective date of the change.
(d) The flat rate inspection fee applies to
				  those registered products packaged only in containers weighing five pounds or
				  less. It does not apply to individual products distributed both in containers
				  of five pounds or less and larger container sizes.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter G - INSPECTION, SAMPLING, AND ANALYSIS › Section 61.41 - Sampling and Analytical Procedures

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  Service hereby adopts by reference the most recent edition of the
Official Methods of Analysis of the AOAC International
as
				  delineating the sampling and analytical procedures to be applied under the Act
				  and this title.
(b) The Service may
				  substitute alternate methods for any AOAC sampling or analytical procedure if
				  it deems the alternate procedure more appropriate to the circumstance and
				  sample and there is scientific data or reasoning to support the
				  substitution.
(c) Copies of
				  sampling or analytical procedures can be obtained by writing to Office of the
				  Texas State Chemist, P.O. Box 3160, College Station, Texas 77841 or by writing
				  to AOAC International, 481 North Frederick Avenue, Suite 500, Gaithersburg,
				  Maryland 20877.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter G - INSPECTION, SAMPLING, AND ANALYSIS › Section 61.42 - Analysis of Customer - Formula Feed

Current through Reg. 49, No.
				  28; July 12, 2024
To measure the quality of customer-formula feed, a chemical
					 analysis will be performed based on computation using the average analysis of
					 ingredients used. When a premix, supplement, or concentrate is used as one of
					 the ingredients, the analysis on its label will be used for
					 computation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter G - INSPECTION, SAMPLING, AND ANALYSIS › Section 61.43 - Cottonseed Screenings: Sampling, Analysis, and Labeling

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding the provisions of §
										RSA
				  61.41 of this title (relating to Sampling and
				  Analytical Procedures), when samples of cottonseed screenings are to be
				  obtained, for purposes of uniformity such samples shall be taken from the
				  shipping vehicle after loadout by probing vertically into the lot. The sample
				  shall be obtained utilizing the Missouri D tube, a double tube open-sleeve
				  trier, or the 552 grain probe, a double tube compartment trier. Other sampling
				  devices may be used if previously approved by the Office of the Texas State
				  Chemist, Feed and Fertilizer Control Service. Specifications for the two triers
				  are as follows:
Attached
					 Graphic
(1) Available from
				  Boyd Tool and Die Company, 917 Maple Street, West Des Moines, Iowa
				  50265.
(2) Available from Seedboro
				  Equipment Co., 1022 West Jackson Boulevard, Chicago, Illinois 60607.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter G - INSPECTION, SAMPLING, AND ANALYSIS › Section 61.44 - Analytical Variations

Current through Reg. 49, No. 28; July 12,
				  2024
The service hereby adopts by reference the analytical
					 variations appearing in the latest official publication of the Association of
					 American Feed Control Officials to be applied in the administration of the
					 Texas Commercial Feed Control Act and this title. Information on the location
					 and cost of this official publication is available from the Office of the Texas
					 State Chemist or the Association of American Feed Control
					 Officials.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter H - ADULTERANTS › Section 61.61 - Poisonous or Deleterious Substances

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Poisonous or deleterious substances
				  include, but are not limited to, the following:
(1) fluorine and any mineral or mineral
				  mixture which is to be used directly for the feeding of domestic animals and in
				  which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for
				  slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60%
				  for poultry;
(2) fluorine-bearing
				  ingredients when used in such amounts that they raise the fluorine content of
				  the total ration (exclusive of roughage) above the following amounts: 0.04% for
				  breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01%
				  for lambs; 0.015% for swine; and 0.03% for poultry;
(3) soybean meal, flakes, or pellets or other
				  vegetable meals, flakes, or pellets which have been extracted with
				  trichlorethylene or other chlorinated solvents;
(4) sulfur dioxide, sulfurous acid, and salts
				  of sulfurous acid when used in or on feeds or feed ingredients which are
				  considered or reported to be a significant source of vitamin B1
				  (thiamine);
(5) artificial color
				  that has not been cleared for safety for use in feeds. Evidence of safety must
				  include a clearance for use of these color additives under the provisions of
				  the Federal Food, Drug, and Cosmetic Act. No artificial color material shall be
				  used to enhance the natural color of the feed or feed ingredient whereby
				  inferiority would be concealed; and
(6) grain, oilseeds, processed grain and
				  oilseed meals containing aflatoxin B1, B2, G1, G2 above 20 parts per billion
				  (ppb) individually or total except that with proper labeling as approved by the
				  Office of the Texas State Chemist as follows: <=50 ppb may be distributed
				  when destined for wildlife; <=100 ppb may be distributed when destined for
				  breeding cattle and breeding goats not used in production of milk for human
				  consumption, breeding swine, mature poultry, and sheep; <=200 ppb may be
				  distributed when destined for finishing swine (more than 100 lbs. body weight);
				  <=300 ppb may be distributed when destined for finishing cattle in
				  confinement; grain containing >300 to <=500 ppb requires a blending
				  permit issued by the Office of the Texas State Chemist; aflatoxin >500 ppb
				  in grain and >300 ppb in oilseed, processed grain, and oilseed meal may not
				  enter commerce and a record of disposition shall be submitted to the Office of
				  the Texas State Chemist.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter H - ADULTERANTS › Section 61.65 - General Provisions for Ammoniating Aflatoxin-Contaminated Corn, Cottonseed, and/or Cottonseed Meal

Current through Reg. 49, No. 28; July
				  12, 2024
(a) The
				  provisions of the section apply to all facilities and equipment used in the
				  ammoniation and shall also govern those instances in which failure to adhere to
				  these practices causes ineffective treatment of the product. In such cases, the
				  product is adulterated within the meaning of §141.148 of the Texas
				  Commercial Feed Control Act.
(b) In
				  addition to these provisions, the distributors of ammoniated products shall
				  comply with any and all other provisions of the Texas Feed Rules and the
				  Law.
(c) The general process used
				  for aflatoxin decontamination of:
(1) corn
				  shall involve high pressure/high temperature (HP/HT) process involving the
				  addition of ammonia (gaseous or in solution) and water in a contained vessel.
				  The temperature in the reactor must rise to at least 80 degrees
				  Centigrade;
(2) cottonseed shall
				  involve the same parameters as corn, but the reaction time must be two
				  hours.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter H - ADULTERANTS › Section 61.66 - General Provisions for Blending Aflatoxin-Contaminated Corn or Cottonseed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The provisions
				  of this section apply to the blending of whole grain or seed containing no more
				  than 500 ppb aflatoxin and shall also govern instances in which failure to
				  adhere to the practices results in inappropriate levels of aflatoxin. In the
				  latter case the product is adulterated within the meaning of §141.148 of
				  the Texas Commercial Feed Control Act (Law).
(b) In addition to these provisions, the
				  distributors of blended corn shall comply with any and all other provisions of
				  the Texas Feed Rules and Law.
(c)
				  The general process used for blending aflatoxin-containing grain shall consist
				  of:
(1) cleaning the grain;
(2) blending the grain or seed with the same
				  grain or seed containing no less than 20 ppb aflatoxin.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter H - ADULTERANTS › Section 61.67 - General Provisions for the Use of Aflatoxin Binding Agents in Customer - Formula Feed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The provisions
				  of this section apply to the use of aflatoxin binding agents in
				  customer-formula feeds as defined in the Texas Agriculture Code §
										RSA
				  141.001(7). Labeling
				  requirements for customer-formula feed set forth in §141.053 of the Texas
				  Commercial Feed Control Act require the name and number of pounds of the
				  binding agent to be included on the feed label, and the aflatoxin content to
				  meet defined action levels as established in §
										RSA
				  61.61(a)(6) of this title,
				  poisonous or deleterious substances.
(b) In addition to these provisions, the
				  distributors of customer-formula feed shall comply with all applicable
				  provisions of the Texas Feed Rules, and other applicable law.
(c) The specific binding agent must include
				  directions for use approved by the Service prior to distribution of any binding
				  product. Any claims for aflatoxin binding made on the product labeling must be
				  approved by the Service.
(d)
				  Processors shall keep records for two years to ensure correct use and quantity
				  of the binding agents used in customer-formula feed for review by the Service
				  pursuant to the Texas Agriculture Code §
										RSA
				  141.074, records; additional reports;
				  audits.
(e) Each facility using
				  aflatoxin binding agents must also have in its possession and provide on
				  reasonable request a certificate indicating that the use of aflatoxin binding
				  agents utilized in the formulation has been approved by the Service.
(f) Each facility must provide to the Service
				  on request a record showing the name of the buyer, the amount of product sold
				  to each buyer during the last two years, and the aflatoxin levels of grain,
				  oilseeds, processed grain and oilseed meals containing aflatoxin B1, B2, G1,
				  G2, and other records designated in subsection (d) of this section.
(g) Use of aflatoxin binders in
				  non-customer-formula feeds is prohibited. Such use would result in an
				  adulterated product within the meaning of §141.148, Distribution of
				  Adulterated Feed of the Texas Commercial Feed Control Act.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter I - GOOD MANUFACTURING PRACTICES › Section 61.86 - Regulation of Medicated Feed Mills

Current through Reg. 49, No. 28;
				  July 12, 2024
The Service adopts by reference the most recent regulations
					 promulgated under 21 CFR (Code of Federal Regulations) Chapter 1, Part 225,
					 which establishes current good manufacturing practices for medicated
					 feeds.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter J - ADMINISTRATIVE HEARINGS › Section 61.91 - Cost of Preparing Agency Record

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Service requires that a party who appeals a final decision in a contested
				  case pay all of the costs associated with preparation of the original or
				  certified copy of the record of the agency's proceedings that is required to be
				  sent to the reviewing court.
(b) A
				  charge imposed under subsection (a) is a court cost and shall be assessed by
				  the court in accordance with the Texas Rules of Civil Procedure.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) AAFCO Dog and Cat Food
				Nutritional Profiles--Practical standard nutrient profiles for dog and cat
				foods based on commonly used ingredients.
(2) AAFCO Nutritional Task Force--The
				Nutritional Task Force appointed by the Association of American Feed Control
				Officials (AAFCO).
(3) Immediate
				container--The unit, can, box, tin, bag or other receptacle or covering in
				which a pet food is displayed for sale to retail purchasers, but does not
				include containers used as shipping containers.
(4) Information panel--Information panel as
				defined by 21 Code of Federal Regulations §501.2.
(5) Ingredient statements--A collective and
				contiguous listing on the label of the ingredients of which the pet food is
				composed.
(6) National Research
				Council--The National Research Council of the National Academy of
				Sciences.
(7) Principal display
				panel--Principal display panel as defined by 21 Code of Federal Regulations
				§501.1.
(8) Quantity
				statement--The net weight (mass), net volume (liquid or dry) or
				count.
(9) Service--Texas Feed and
				Fertilizer Control Service.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.2 - Label Format and Labeling

Current through Reg. 49, No. 28; July 12,
				2024
(a) The quantity
				statement and product name must be shown on the principal display panel. All
				other required information may be placed elsewhere on the label but shall be
				sufficiently conspicuous as to render it easily read by the average purchaser
				under ordinary conditions of purchase and sale.
(b) The quantity statement shall be made in
				conformity with the United States Fair Packaging and Labeling Act,
				RSA
				1451 et seq, and the regulations promulgated
				thereunder.
(c) The information
				which is required to appear in the "Guaranteed Analysis" shall be listed in the
				following order:
(1) crude protein (minimum
				percentage);
(2) crude fat (minimum
				percentage);
(3) crude fiber
				(maximum percentage);
(4) moisture
				(maximum percentage);
(5)
				additional guarantees shall follow moisture.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.3 - Brand and Product Names

Current through Reg. 49, No. 28; July 12,
				2024
(a) No flavor
				designation shall be used on a pet food label unless the designated flavor is
				detectable by a recognized test method, or is one the presence of which
				provides a characteristic distinguishable by the pet. Any flavor designation on
				a pet food label must either conform to the name of its source as shown in the
				ingredients statement, or the ingredients statement shall show the source of
				the flavor. The word flavor shall be printed in the same size type and with an
				equal degree of conspicuousness as the ingredient term(s) from which the flavor
				designation is derived. Distributors of pet food employing such flavor
				designation or claims on the label of a product distributed by them shall, upon
				request, supply verification of the designated or claimed flavor to the
				service.
(b) The designation "100%"
				or "all" or words of similar connotation shall not be used in the brand or
				product name of a pet food if it contains more than one ingredient. However,
				for the purpose of this provision, water sufficient for processing, required
				decharacterizing agents, and trace amounts of preservatives and condiments
				shall not be considered ingredients.
(c) The term "meat" and "meat by-products"
				shall be qualified to designate the animal from which the meat and meat
				by-products are derived unless the meat and meat by-products are from cattle,
				swine, sheep, and goats. For example, "horsemeat" and "horsemeat
				by-products."
(d) The name of the
				pet food shall not be derived from one or more ingredients of a mixture of a
				pet food product unless all components or ingredients are included in the name
				except as specified by subsections (a), (e), or (f) of this section; provided,
				that the name of an ingredient or combination of ingredients may be used as
				part of the product name if:
(1) the
				ingredient or combination of ingredients is present in sufficient quantity to
				impart a distinctive characteristic to the product or is present in amounts
				which have a material bearing upon the price of the product or upon acceptance
				of the product by the purchaser thereof;
(2) it does not constitute a representation
				that the ingredient or combination of ingredients is present to the exclusion
				of other ingredients; or
(3) it is
				not otherwise false or misleading.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.5 - Ingredients

Current through Reg. 49, No. 28; July 12, 2024
(a) The maximum moisture in all pet foods
				shall be guaranteed and shall not exceed 78% or the natural moisture content of
				the constituent ingredients of the product, whichever is greater. Pet foods
				such as those consisting principally of stew, gravy, sauce, broth, juice or a
				milk replacer which are so labeled, may contain moisture in excess of
				78%.
(b) Each ingredient of the pet
				food shall be listed in the ingredient statement, and names of all ingredients
				in the ingredient statement must be shown in letters or type of the same size.
				The failure to list the ingredients of a pet food in descending order by their
				predominance by weight in nonquantitative terms may be misleading. Any
				ingredient for which the Association of American Feed Control Officials has
				established a name and definition shall be identified by the name so
				established. Any ingredient for which no name and definition has been so
				established shall be identified by the common or usual name of the ingredient.
				Brand or trade names shall not be used in the ingredient statement.
(c) The term "dehydrated" may precede the
				name of any ingredient in the ingredient list that has been artificially
				dried.
(d) No reference to quality
				or grade of an ingredient shall appear in the ingredient statement of a pet
				food.
(e) A reference to the
				quality, nature, form, or other attribute of an ingredient shall not be made
				unless such designation is accurate and unless the ingredient imparts a
				distinctive characteristic to the pet food because it possesses that
				attribute.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.6 - Directions for Use

Current through Reg. 49, No. 28; July 12,
				2024
(a) The label of a
				pet food product which is suitable only for intermittent or supplemental
				feeding or for some other limited purpose shall:
(1) bear a close and conspicuous disclosure
				to that effect; or
(2) contain
				specific feeding directions which clearly state that the product should be used
				only in conjunction with other foods.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.7 - Drugs and Pet Food Additives

Current through Reg. 49, No. 28; July
				12, 2024
(a) An
				artificial color may be used in a pet food only if it has been shown to be
				harmless to pets. The permanent or provisional listing of an artificial color
				in the United States Food and Drug Regulations as safe for use, together with
				the conditions, limitations, and tolerances, if any, incorporated therein,
				shall be deemed to be satisfactory evidence that the color is, when used
				pursuant to such regulations, harmless to pets.
(b) Prior to registration of a pet food which
				contains additives (including drugs, other special purpose additives, or
				nonnutritive additives), the distributor may be required to submit evidence to
				prove the safety and efficacy of the pet food, when used according to
				directions furnished on the label. Satisfactory evidence of the safety and
				efficacy of a pet food may be:
(1) when the
				pet food contains such additives, the use of which conforms to the requirements
				of the applicable regulation in the Code of Federal Regulations, Title 21, or
				which are "prior sanctioned" or "generally recognized as safe" for such use;
				or
(2) when the pet food itself is
				a drug and is generally recognized as safe and effective for label use or is
				marketed subject to an application approved by the Food and Drug Administration
				under Title
				RSA
				360(b).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.8 - Registration of Pet Foods in Packages of Five Pounds or Less

Current
				through Reg. 49, No. 28; July 12, 2024
(a) In addition to obtaining a license as
				prescribed in the Act and the general rules, each brand and product name of a
				pet food distributed in individual containers of five pounds or less must be
				registered before it may be distributed.
(b) All labeling information shall be
				submitted with the registration of the product.
(c) The Service may require the applicant to
				present evidence of authorization to use a registered trademark or other
				labeling reference and that the ownership of such trademark, if referenced,
				appear inconspicuously both as to size or type and location on the label (or
				labeling) and that components of such trademark product be determinable by
				laboratory methods.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.9 - Statement of Caloric Content

Current through Reg. 49, No. 28;
				July 12, 2024
(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 metabolizable 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 review substantiating that the caloric content was determined:
(A) by calculation using the following
				"Modified Atwater" 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 percentages 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 Service, 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.
(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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.10 - Descriptive Terms

Current through Reg. 49, No. 28; July 12,
				2024
(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 products 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 reflect a reduction in calorie intake consistent
				with the intended use.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 63 - PET FOOD › Section 63.20 - Compliance with Texas Commercial Feed Rules

Current through Reg. 49,
				No. 28; July 12, 2024
The Pet Food Rules are a subset of the Feed Rules issued
				  under the authority of Texas Commercial Feed Act, §141.004; they do not
				  replace them. Registrants are expected to comply with the applicable sections
				  of those rules where the Pet Food Rules are silent.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter A - GENERAL PROVISIONS › Section 65.2 - Commercial Fertilizer

Current through Reg. 49, No. 28; July 12,
				  2024
All plant nutrients and additives, not salvage nutrients or
					 salvage additives which conform to other requirements of the rules or the Texas
					 Fertilizer Control Act, shall be suitable for use for or in a commercial
					 fertilizer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter B - PERMITTING AND REGISTRATION › Section 65.6 - Distribution of Ammonium Nitrate or Ammonium Nitrate Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration for ammonium nitrate or
				  ammonium nitrate material: In addition to a permit to manufacture or distribute
				  fertilizer and a registration for commercial fertilizer, as required in The
				  Agriculture Code, Chapter 63, §63.031, an additional registration must be
				  obtained to offer for sale or sell ammonium nitrate or ammonium nitrate
				  material. The registration must be renewed on forms prescribed by the Service
				  at the beginning of each fiscal year and accompanied by the fee specified on
				  the form.
(b) Refusal to sell: The
				  sale of ammonium nitrate or ammonium nitrate material may be refused to any
				  person attempting to purchase under unusual patterns or circumstances, such as,
				  out of season, outside their normal purchasing area, a person that is unknown
				  to the registered facility or to a person that lacks clear knowledge of the use
				  of ammonium nitrate or ammonium nitrate material for agronomic purposes.
				  Refusal of sale shall be reported to the Service at the time sale is
				  refused.
(c) Training and
				  Documentation: Employees of facilities that are registered to offer for sale or
				  sell ammonium nitrate or ammonium nitrate material must be trained in the law,
				  rules, policies, and procedures for the sale of ammonium nitrate and
				  documentation of the training maintained on-site. Documentation shall include
				  procedures for daily inspection as required in the Agriculture Code, Chapter
				  63, §63.153 and a record of the inspection. Evidence of vandalism or theft
				  shall be reported to the Service at the time of daily inspection and corrective
				  actions documented.
(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 Tier II Chemical Reporting
				  Program and Department of Homeland Security Chemical Facility Anti-Terrorism
				  Standards registration requirements;
(2) post the National Fire Protection
				  Association 704 Warning Placards on the outside of the storage area;
				  and
(3) store ammonium nitrate or
				  ammonium nitrate material in a separate structure. Combustible or flammable
				  material must be separated by at least 30 feet.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter B - PERMITTING AND REGISTRATION › Section 65.11 - Application for Registration

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Each brand name
				  under which a commercial fertilizer will be marketed must be registered before
				  the product is distributed.
(b) All
				  applications for registration of specialty fertilizers, pesticide/fertilizer
				  mixtures or fertilizers intended for use in organic food or fiber production
				  programs shall include the labeling information for the product required by the
				  Act, §63.051.
(c) The Service
				  may require the labeling information for other products as a condition of
				  registration.
(d) The net weight
				  shall be provided as a condition of registration for specialty products
				  packaged and marketed in containers weighing one pound or less whose net
				  contents are declared on the label in conformity with the United States Fair
				  Packaging and Labeling Act, 15 United States Code §1415, et seq, and
				  regulations promulgated thereunder.
(e) The Service may require independent
				  chemical analysis by a qualified chemist to confirm guarantees as a condition
				  of registration.
(f) All
				  applications for registration of pesticide/fertilizer mixtures must be
				  accompanied by appropriate certification from the Texas Department of
				  Agriculture that the pesticide is approved for use.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter B - PERMITTING AND REGISTRATION › Section 65.13 - Waste Products Distributed as Fertilizers

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) No person shall sell, offer or expose for
				  sale, or distribute in this state, any industrial or municipal product
				  originally designated as a waste by any governmental agency--federal, state or
				  local--intended for, promoted or represented, advertised as or distributed as a
				  fertilizer as defined in the Texas Agriculture Code, Chapter 63, §
										RSA
				  63.002 prior to registering the same as
				  specified in §
										RSA
				  63.031.
(b) In addition to other requirements of the
				  Law and the Rules, applications for registration of sewage, sludge and septage
				  or mixed fertilizer containing same shall be accompanied by the following:
(1) A detailed description of the facilities,
				  equipment and method of manufacture to be used in processing, manufacturing and
				  testing of the product.
(2) A
				  sampling schedule, a full description of all tests made prior to application
				  for registration and the results of such tests which shall include, but not
				  necessarily be limited to, those pollutants and pathogens required to be tested
				  by United States Environmental Protection Agency Code of Federal Regulations,
				  Title 40 CFR: Protection of Environment, Part 503 Standards for the Use or
				  Disposal of Sewage Sludge.
(3) A
				  schedule for periodic testing which initially shall be conducted on each
				  production run no less than once (1) each calendar quarter.
(A) Less frequent testing may be allowed
				  where data show continued uniformity and a consistent margin of
				  compliance.
(B) More frequent
				  testing shall be required where the data show the process is not under
				  control.
(C) Sequential testing
				  shall again be required when periodic analysis or any other information
				  available to the manufacturer indicates that:
(i) changes are made in the manufacturing
				  process; or
(ii) new or expanded
				  sources of the raw ingredients are used.
(4) A statement that any product consisting
				  in whole or part of sewage, septage or sludge meets the CFR Part 503 and
				  specifically it meets the requirements of 503.32(a) and one of the vector
				  attraction reduction requirements in 503.33(b)(1) - 503.33(b)(8).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.17 - General Requirements

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Primary Plant
				  Nutrients.
(1) Nitrogen, available phosphate
				  and potassium shall be guaranteed on the label of a commercial fertilizer in
				  either of the following forms:
(A)
				  Abbreviated Label; or
Attached
				  Graphic
(B) Expanded
				  Label.
Attached
				  Graphic
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.23 - Name and Address of Manufacturer Required

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The name and principal mailing address of the manufacturer or person
				  responsible for distribution shall be required on the label of a commercial
				  fertilizer.
(b) The principal
				  mailing address shall include the street address, city, state, and zip code;
				  provided however, that the street address may be omitted if the address is
				  listed in a current city directory or telephone directory.
(c) The label may bear the name of the
				  distributor as well as the manufacturer, provided that the guarantor of the
				  project is specifically stated.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.24 - Warnings or Cautionary Statements Required

Current through Reg.
				  49, No. 28; July 12, 2024
A warning or cautionary statement is required on any
					 fertilizer product which:
(1) contains
				  0.10% or more boron in water soluble form. The statement shall include:
(A) the word "Warning" or "Caution"
				  conspicuously displayed;
(B) the
				  crop(s) for which the fertilizer is recommended; and
(C) that the use of the fertilizer on any
				  crop(s) other than those recommended may result in serious injury to the
				  crop(s);
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.26 - Requirements for Fertilizers Suitable for Use in Organic Production Programs

Current through Reg. 49, No. 28; July 12, 2024
In addition to conforming to all other aspects of the
					 rules, fertilizers claiming or implying suitability for use in an organic food
					 or fiber production program shall:
(1)
				  bear a legend on the label not unduly conspicuous in relation to the display of
				  the registrant or guarantor of the product noting its acceptability for use in
				  organic production programs;
(2)
				  list each component in order of predominance by weight;
(3) not contain any ingredient, raw material
				  or filler prohibited by the organizations listed in §
										RSA
				  65.17(c) of this title
				  (relating to General Requirements) for use in these fertilizers.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.27 - Additives in Fertilizer

Current through Reg. 49, No. 28; July 12,
				  2024
When a pesticide or any other additive, other than plant
					 nutrients, is incorporated in a commercial fertilizer, the fertilizer mixture
					 must be registered and guaranteed with respect to the kind and percentage of
					 each of these additives as well as to claimed plant nutrient elements, all of
					 which must be determinable by accepted laboratory methods. The labeling shall,
					 in addition to other required information, state in a prominent manner the
					 purpose for which the combined fertilizer and additive is recommended. It must
					 be shown by scientific data that each additive is present in sufficient
					 quantities to impart a distinctive characteristic to the
					 product.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.28 - Trademarks, Trade Names, Common Names, Emphasis on a Particular Component

Current through Reg. 49, No. 28; July 12, 2024
The trademark, trade name, or common name of a component
					 and/or emphasis on one or more components or ingredients may form part of the
					 label of a commercial fertilizer provided that:
(1) such trademark, trade name, common name,
				  or emphasis on a particular component contributes significantly in conveying to
				  the purchaser important information respecting a distinctive characteristic of
				  the product;
(2) the display of the
				  trademark or trade name on the label of the product is not unduly conspicuous
				  in relation to the display of the registrant or guarantor of the product and
				  other required information;
(3) the
				  common name and percentage of the component is given, and the percentage is
				  determinable by accepted laboratory methods;
(4) it can be shown by scientific data that
				  the component is present in sufficient quantities to impart a distinctive
				  characteristic to the product.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.29 - Specialty Fertilizers

Current through Reg. 49, No. 28; July 12,
				  2024
Speciality fertilizer products packaged or marketed in
					 containers weighing one pound or less may bear a declaration of the net
					 contents of the container made in conformity with the United States Fair
					 Packaging and Labeling Act, 15 United States Code §1415, et seq., and
					 regulations promulgated thereunder.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.30 - Slow Release Fertilizer

Current through Reg. 49, No. 28; July 12,
				  2024
(a) No fertilizer
				  label shall bear a statement that connotes or implies that certain plant
				  nutrients contained in a fertilizer are released slowly over a period of time,
				  unless the slow release components are identified and guaranteed at a level of
				  at least 15% of the total guarantee for that nutrient(s).
(b) The terms, "water insoluble," "coated
				  slow release," "slow release," "controlled release," "slowly available water
				  soluble," and "occluded slow release" are accepted as descriptive. However, the
				  Service may require the manufacturer to provide data substantiating the claim
				  (from tests carried out under guidance of a recognized reputable researcher
				  acceptable to the Service). A laboratory procedure, acceptable to the Service
				  for evaluating the release characteristics of the product(s), may also be
				  required.
(c) If an amount of
				  nitrogen is designated as slow release "nitrogen-containing organic" or
				  "organic nitrogen," then:
(1) 60% of that
				  amount must be water-insoluble and coated urea may not be included in meeting
				  the 60% requirement;
(2) at least
				  15% of total nitrogen guaranteed--not just that designated "nitrogen-containing
				  organic" or "organic nitrogen"--must be water-insoluble.