Pet Food Compliance

The Food and Drug Administration (FDA) has nationwide authority over all foods, including pet food and animal feed. Each state also has its own laws that mirror the FDA’s law, which incorporating FDA regulations as their own. Additionally, when it comes to animal feed and pet food, individual states have numerous requirements and enforcement power that the FDA does not have.

At MyFDALawyers.com, PC, our FDA lawyers have the skills and experience to help companies navigate the full range of pet food registration regulations, including both federal and state legal requirements. If you have any questions or concerns about pet food compliance, please do not hesitate to contact us today for a completely confidential initial consultation.

An Overview of the FDA Pet Food Regulations

The Food and Drug Administration (FDA) regulates pet food at the federal level. While it is the individual states that are responsible for much of the regulation in this product classification, there are still federal standards. Pet food is covered by the Federal Food, Drug, and Cosmetic Act (FDCA). However, that law does not require product-level registration. Instead, all pet food must be truthfully labeled, safe for animal consumption, and manufactured in accordance with the same Current Good Manufacturing Practices (CGMPs) & Preventive Controls , and Foreign Supplier Verification requirements. While the FDA reviews labels and may issue recalls, product-specific registration is left to state authorities.

Most States Have Pet Food Registration Requirements

Most states require manufacturers, distributors, or guarantors of pet food and animal feed to obtain a state license in the state and/or register their products with the state before sale, even if the product is already compliant with FDA requirements. Some states also require the reporting of the precise amount of product distributed in the state. In all cases, each state charges filing fees, in many cases over $100 per unique product. In addition, most states have adopted the Association of American Feed Control Officials’ (AAFCO) model labeling rules – creating labeling requirements above and beyond those imposed by the FDA.

State Regulators Have Stronger Pet Food Enforcement than the FDA

State regulators tend to have and use stronger enforcement powers than the FDA, and often have products pulled off retailers’ shelves when they determine that it is not compliant. Navigating each state’s regulatory peculiarities while still complying with the FDA’s regulations requires knowledge of all the regulatory entities. An FDA attorney has the experience to guide you through the process and help you correctly label your feed and pet food products. Here is an overview of some examples from the largest states of the pet food registration requirements:

• California: California is unique in that it registers the manufacturer only; whereas most states register the “guarantor,” which is the entity named on the label. The guarantor is typically the manufacturer, distributor, packer, or brand owner. The California Department of Public Health (CDPH) does not track tonnage or charge a per product fee, though it does require applicants to submit labels, health certifications, and pay a licensing fee.
• Texas: Like most states, each unique product must be registered prior to distribution. Registrants must submit labels and fees. The labels must comply with specified rules (ingredients, guaranteed analysis, feeding directions, caloric content). While it is the guarantor that registers in Texas, guarantors are require to submit some information about foreign and out-of-state manufacturers.
• New York: New York’s Agriculture & Markets Law requires registration of every unique pet food or specialty pet food. New York’s per product annual fee is on the higher side among the states, set at $100 per unique product in 2025.
• Florida: Florida’s Dept of Agriculture classifies pet food as commercial feed and requires all distributors to obtain a Master Registration, based on annual tonnage. The fees vary based on the registrant’s annual tonnage. Florida also collects tonnage information every quarter and will take legal action against registrants that fail to report tonnage.

Pet Food Registration & Tonnage

For any product intended for nationwide distribution, the state product registration and tonnage reporting requirements can be shockingly cumbersome. Each state has unique laws governing product registration and tonnage reporting, forms and applications, renewal dates, and fee schedules.

That means dozens of applications and applicable renewal dates. It also means keeping up with new documentation requirements and fee calculations for each state – and these change every year. Remember, state law matters. Some states require registration per product and per size, while others charge tonnage-based fees or mandate quarterly reports. Missing a deadline can result in late penalties, stop-sale orders, or even forced product removal.

We can review your product lines and supply chain, estimate your fees, file your applications, and protect your interests with the regulators in each state. Our FDA lawyers have the skills and experience to help clients with pet food registration compliance in all U.S. states.

State Rules

State regulators will often review your animal feed and pet food labels when they receive your product registration applications. If they find problems with the labels, they will withhold registration until the issues are resolved.

To make this less like to  happen, a pre-application label review by an FDA attorney can help you get your registration issued quickly and efficiently.

FDA labeling for animal food is slightly less complex than for human food. For the most part, you need to have non-misleading claims and the following basic requirements: Statement of identity, net quantity statement, ingredients list, and the name and address of the manufacturer, packer, or distributor. However, AAFCO labeling includes additional, cumbersome requirements, such as Guaranteed Analysis for nutrition and strictly enforced ingredient definitions.

AAFCO Labeling

The state rules – adopted from AAFCO model rules – add nutritional information, such as guaranteed analysis or the new “Pet Nutrition Facts” that will be rolled out over the next 5 years. In effect, the guaranteed analysis is a species analog to the nutrition facts panel required for human foods, stating minimum and maximum guaranteed amounts of various nutrients (e.g., crude fiber, protein, and fat). In addition, state regulators require that ingredients declared in animal or pet food labels be declared by the name defined in AAFCO official publications, unless it is defined by FDA regulation. We have experience with FDA, state, and AAFCO rules and can help bring your labels into compliance before you file your registration.

Terms to Familiarize Yourself With

Learning these terms will help you understand feed and pet food labels and registration.

• AAFCO: The Association of American Feed Control Officials, which consists of local, state, and federal regulators. They establish standards for animal feed and pet food.
• Guaranteed Analysis: A nutritional chart required on animal food labels that sets forth nutritional minimum and maximum guarantees of certain nutrients. The number and type of nutrients listed in the guaranteed analysis depend, in part, on the species for which the product is sold. By 2030 all states are expected to replace the Guaranteed Analysis with the new Pet Nutrition Facts. See HERE.
• Tonnage: A state-level means to track and tax your products based on the tons of product you sell in the state. Only about 1/3 of the states require tonnage reporting and fees.
• Principal Display Panel (PDP): The front-facing portion of a pet food label that is most visible to consumers. It must include the product name, brand name, net weight, and species designation.
• Ingredient Statement: A required list on the product label that names all ingredients in descending order by weight. Ingredients must be identified by their common or usual names as identified by AAFCO ingredient definitions.
• Product Name Rules: AAFCO’s naming conventions, such as the “95% rule,” “25% dinner rule,” and “with rule,” dictate the minimum percentage of an ingredient listed in a pet food product’s name that must be present in its formulation.

How an FDA Attorney Can Help

Attorneys Rick D. Quinn and Bill Senior have the skills, knowledge, and experience to handle the full range of pet food compliance issues. Hiring an experienced FDA attorney can help by providing you with legal advice on how to comply with all U.S. states and the FDA. We can help you specifically with the following:

• Pre-Application Label Reviews: Bringing your product labels into compliance before submitting them to the government.
• Product and Company Registration: We can file these applications and interact with the regulators in the various offices. If you entrust us with your applications, we will ensure you meet all deadlines and annual (or biannual) renewals and handle the interactions with the government. Alternatively, we are glad to help you file on your own.
• Tonnage Reporting: We can take your raw data and then file the state tonnage reports for you in a timely fashion.