Chapter 16-252 WAC

This chapter is pursuant to RCW 15.53.9012 and regulates COMMERCIAL FEED, specifically PET FOOD and SPECIALTY PET FOOD DISTRIBUTED in Washington state for the purpose of uniformity with federal regulations and national consensus codes and ultimately to protect consumers from contaminated, adulterated, or misbranded PET FOOD and SPECIALTY PET FOOD.

(1) This chapter applies to PET FOOD as defined in RCW 15.53.901, which includes food for dogs (Canis familiaris) and cats (Felis catus).

(2) This chapter applies to SPECIALTY PET FOOD as defined in RCW 15.53.901 and includes any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(3) If adulterated under RCW 15.53.902 for some but not all purposes, the following commodities are subject to the requirements of this chapter. If unadulterated, the following commodities are exempt from the requirements of this chapter.

(a) Unmixed whole seeds and physically altered entire unmixed seeds when such seeds are not chemically changed.

(b) Raw meat, hay, loose salt, straw, stover, silage, cobs, husks, and hulls when such commodities are not ground, mixed, blended, or intermixed with other materials.

(1) Adoption of regulations under the Federal Food, Drug and Cosmetic Act in this chapter is of the version effective January 1, 2025, and 21 U.S.C. 301 et seq. in this chapter is adoption of the version effective January 1, 2025.

(2) Adoption of provisions under the Association of American Feed Control Officials (AAFCO) Official Publication in this chapter is adoption of the provisions in the 2025 edition.

(3) If there is conflict between this chapter, chapter 15.53 RCW, adopted federal regulations, and adopted AAFCO provisions, the conflict must be resolved by giving precedence in the following order:

(a) Adopted federal regulations;

(b) Chapter 15.53 RCW;

(c) This chapter;

(d) Adopted AAFCO pet food and specialty pet food provisions; and

(e) Adopted AAFCO commercial feed provisions.

(4) If this chapter is silent with regard to any aspect of PET FOOD or SPECIALTY PET FOOD, then the regulations under chapter 16-250 WAC apply.

(1) Definitions and terms in this chapter as well as those defined in chapter 15.53 RCW are mostly shown in capitalized letters to indicate that they are specifically defined.

(2) The department adopts the Official Feed Terms and the Official Common and Usual Names and Definitions of Feed Ingredients in the AAFCO Official Publication or Common Food Index as referenced in WAC 16-252-064.

(3) In addition, the following definitions apply to this chapter:

(a) "ALL LIFE STAGES" means gestation/lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals or adult (including breeding animals) and juvenile life stages for mammalian species.

(b) "DAILY FOOD" means a SPECIALTY PET FOOD product, other than a treat, FOOD MIXER or FOOD SUPPLEMENT, for SPECIALTY PET species with no recognized nutritional authority.

(c) "DEHYDRATED GRASS MEAL" means the aerial portion of a grass plant that is:

(i) Cut before the formation of seed;

(ii) Reasonably free of other crop plants, weeds, and mold;

(iii) Finely ground; and

(iv) Dried by artificial thermal means.

(d) "DISTRESSED PET FOOD or SPECIALTY PET FOOD" means PET FOOD or SPECIALTY PET FOOD in distribution that is no longer available for RETAIL SALE. Examples of acceptable DISTRESSED PET FOOD or SPECIALTY PET FOOD include, but are not limited to, dented cans with the hermetic seal still intact, torn bags, or past its quality sell-by date.

(e) "FAMILIAR HOUSEHOLD UNIT" means a typical, feeding unit in volume or count.

(f) "FAMILY" means a group of products, which are NUTRITIONALLY ADEQUATE for any or ALL LIFE STAGES based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol(s).

(g) "FOOD MIXER" means a PET FOOD or SPECIALTY PET FOOD product that is intended to top, accompany, or contribute to a complete diet but is not generally intended to be a complete diet.

(h) "FOOD SUPPLEMENT" means a PET FOOD or SPECIALTY PET FOOD product that is intended to supply specific nutrient(s) or other food components but is not a complete diet.

(i) "GRAIN MIXTURE SPECIALTY PET FOOD" means mixed or intermixed whole or physically altered grains, that:

(i) Are not chemically altered;

(ii) May or may not contain molasses; and

(iii) Except for molasses, contain no other additives.

(j) "GRASS SEED BY-PRODUCTS MEAL or PELLETS" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

(k) "GRASS SEED SCREENINGS MEAL or PELLETS" means a product comprised chiefly of hulls obtained from the cleaning of various grass seeds.

(l) "GUARANTEE" means a listing of specified nutrients or nonnutritive substances contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants.

(m) "GUARANTEED ANALYSIS" means a listing of the minimum and/or maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants. Both minimum and maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD are stated on an "as is" basis rather than on a "100 PERCENT moisture free" basis in units specified by this chapter.

(n) "GUARANTOR" means any PERSON whose name appears on the LABEL of a PET FOOD or SPECIALTY PET FOOD such as a manufacturer or DISTRIBUTOR and is responsible for:

(i) Product/LABELING information that is not misleading or misbranded;

(ii) Compliance with product/LABELING information and all applicable rules and regulation; and

(iii) Registering PET FOOD/SPECIALTY PET FOOD products DISTRIBUTED in/into the state.

(o) "IMMEDIATE CONTAINER" means the unit, can, box, tin, bag, or other receptacle or covering in which a PET FOOD or SPECIALTY PET FOOD is displayed for SALE to RETAIL purchasers, but does not include containers used as shipping containers.

(p) "INGREDIENT STATEMENT" means a contiguous listing on the LABEL of the FEED INGREDIENTS of which the PET FOOD or SPECIALTY PET FOOD is composed.

(q) "LABEL" means a display of written, printed, or graphic matter upon or affixed to the container in which a PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED, or on the invoice or delivery slip with which a bulk PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED. This includes statements and promotion on company websites or other internet-based customer interfaces.

(r) "LABELING" means all LABELS and other written, printed, or graphic matter upon a PET FOOD or SPECIALTY PET FOOD or any of its containers or wrappers, or accompanying such PET FOOD or SPECIALTY PET FOOD. This includes statements and promotions on company websites or other internet-based customer interfaces.

(s) "LOT IDENTIFIER" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A LOT IDENTIFIER is an individual lot, batch or production run number, code, date, or other suitable identification applied to the LABEL, container, or package. In the case of bulk PET FOOD or SPECIALTY PET FOOD, the LOT IDENTIFIER is on a LABEL, invoice, or shipping document accompanying the PET FOOD or SPECIALTY PET FOOD.

(t) "NET WEIGHT" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, LABELS, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(s).)

(u) "NUTRITIONALLY ADEQUATE" or "NUTRITIONALLY SUITABLE" means the PET FOOD or SPECIALTY PET FOOD, when fed according to directions on the LABEL, will meet the nutritional requirements of the class of animals for which the PET FOOD or SPECIALTY PET FOOD was MANUFACTURED.

(v) "PEA BRAN" means a product consisting primarily of the various components from a pea splitting operation. PEA BRAN must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(w) "PEA BY-PRODUCTS MEAL" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. PEA BY-PRODUCTS MEAL must contain at least 15 PERCENT crude protein and not more than 30 PERCENT crude fiber.

(x) "PEA MEAL" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. PEA MEAL must contain at least 20 PERCENT crude protein and not more than eight PERCENT crude fiber.

(y) "PEA SCREENINGS MEAL" means a product consisting primarily of the various components from the screening and cleaning of peas. PEA SCREENINGS MEAL must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(z) "PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a PET FOOD product.

(aa) "PRINCIPAL DISPLAY PANEL" has the same meaning as defined in 21 C.F.R. Part 501.1.

(bb) "QUANTITY STATEMENT" means the part of the LABEL expressing net weight (mass), net volume (liquid or dry) or count.

(cc) "REPACKAGE" means taking PET FOOD and SPECIALTY PET FOOD from packages (no larger than 100 pounds for dry feed or 55 gallons for liquid feed) and placing it into smaller packages for RESALE.

(dd) "SALVAGE PET FOOD and SPECIALTY PET FOOD" means PET FOOD and SPECIALTY PET FOOD still under control of the original manufacturer and will not be offered for SALE at RETAIL. Examples include, but are not limited to, start-up and over-run product, unpelleted PET FOOD or SPECIALTY PET FOOD fines, and other products not suitable for packaging for RETAIL SALE.

(ee) "SELL" or "SALE" means all parts of exchanges concerning COMMERCIAL FEED including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for SALE, and preparing for SALE.

(ff) "SPECIALTY PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a SPECIALTY PET FOOD product.

(gg) "VETERINARY DIET" means a PET FOOD or SPECIALTY PET FOOD product that is intended to be used under the supervision or direction of a veterinarian only.

(1) PET FOOD and SPECIALTY PET FOOD shall be LABELED with the following information:

(a) PRODUCT NAME and brand name, if any, on the PRINCIPAL DISPLAY PANEL as specified in WAC 16-252-024;

(b) A statement specifying the purpose of the product, conspicuously designated on the PRINCIPAL DISPLAY PANEL;

(c) QUANTITY STATEMENT, as defined in WAC 16-252-008 (3)(bb), by weight (pounds and ounces, and metric), liquid measure (quarts, pints and fluid ounces, and metric) or by count, on the PRINCIPAL DISPLAY PANEL;

When the declaration of quantity of contents by count does not give adequate information as to the quantity of PET FOOD or SPECIALTY PET FOOD in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

(d) PET NUTRITION FACTS or SPECIALTY PET NUTRITION FACTS as specified in WAC 16-252-054;

(e) INGREDIENT STATEMENT as specified in WAC 16-252-064;

(f) Feeding directions if required under WAC 16-252-106;

(g) Name, address, and phone number of the GUARANTOR as specified in WAC 16-252-122; and

(h) Handling and storage instructions may be displayed as specified in WAC 16-252-125.

(2) When a PET FOOD or SPECIALTY PET FOOD enclosed in an outer container or wrapper is intended for RETAIL SALE, all required LABEL information shall appear on the outer container or wrapper.

(3) A vignette, graphic, or pictorial representation on a PET FOOD or SPECIALTY PET FOOD LABEL shall not misrepresent the contents of the package.

(4) The use of the word "proven" in connection with a LABEL claim for a PET FOOD or SPECIALTY PET FOOD is not permitted unless the claim is substantiated by scientific or other empirical evidence.

(5) No statement shall appear upon the LABEL or LABELING of a PET FOOD or SPECIALTY PET FOOD which makes false or misleading comparisons between that product and any other product.

(a) Statements referring to a competitive product or comparing the properties of a packaged food to those of a competitive product must not appear on a LABEL unless the competitive product is specifically identified.

(b) Negative statements regarding a competitive product must not appear on a LABEL unless the director determines that the information provided by the statements is beneficial to the product's purchaser.

(6) A personal or commercial endorsement is permitted on a PET FOOD or SPECIALTY PET FOOD LABEL provided the endorsement is not false or misleading.

(7) A statement on a PET FOOD or SPECIALTY PET FOOD LABEL stating "Improved," "New," or similar designation shall be substantiated and limited to six months production.

(8) A statement on a PET FOOD or SPECIALTY PET FOOD LABEL stating preference or comparative attribute claims shall be substantiated and limited to one year production, after which the claim shall be removed or resubstantiated.

(9)(a) Raw milk distributed as a PET FOOD or SPECIALTY PET FOOD shall comply with the provisions under chapters 15.36 and 15.37 RCW. The LABEL shall bear the following statements: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA." and "DECHARACTERIZED WITH HARMLESS FOOD COLORING." This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the net QUANTITY STATEMENT as shown in the following table:

(b) When PET FOOD or SPECIALTY PET FOOD consists of raw milk, the words, "Raw (Blank) Milk" shall appear conspicuously on the PRINCIPAL DISPLAY PANEL (blank is to be completed by using the species of animal from which the raw milk is collected).

(c) The LABEL type size must meet the following:

(i) The name, address, and phone number of the GUARANTOR or DISTRIBUTOR in letters not less than one-fourth inch in size;

(ii) The name of the contents (FEED INGREDIENTS) in letters not less than one-fourth inch in size.

(10) All PET FOOD or SPECIALTY PET FOOD must be LABELED with a conspicuous and clearly readable LOT IDENTIFIER sufficient to allow the manufacturer to accurately trace the complete manufacturing and distribution history of the product, but the lot identified may be separate from the LABEL information required under this chapter.

(11) LABELS must state all required LABEL information in English. PET FOOD and SPECIALTY PET FOOD may be additionally LABELED in other languages if the other language LABELS provide the same information as the English version of the LABEL.

(12) The term "organic" may not appear on LABELS or shipping documents of any PET FOOD or SPECIALTY PET FOOD unless the food was produced under conditions that comply with the United States Department of Agriculture (USDA) National Organic Standard for the production and handling of organic feed products. The National Organic Standard may be obtained from the department, or on the internet at http://www.ams.usda.gov/rules-regulations/organic.

(13) When screenings are added to unmixed by-product PET FOOD or SPECIALTY PET FOOD, the term "screenings" must appear on the LABEL:

(a) In the same size and style of text as the brand name; and

(b) Either as part of or immediately below the brand name.

(14) DISTRESSED or SALVAGE PET FOOD or SPECIALTY PET FOOD that contains, or may contain, prohibited mammalian protein must be LABELED with the bovine spongiform encephalopathy precautionary statement "Do not feed to cattle or other ruminants."

(1) The names of the FEED INGREDIENT(S) used in the brand or PRODUCT NAME or elsewhere on the product LABEL shall appear in order of predominance by weight in the product. Names of flavors due to their varying intensity can be in any order.

(2) The words "100%," or "All," or words of similar designation shall not be used in the brand or PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD if the product contains more than one FEED INGREDIENT.

(3) A FEED INGREDIENT or combination of FEED INGREDIENTS may form part of a PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD:

(a) When the named FEED INGREDIENT(S) constitutes at least 95 PERCENT of the total product weight, water sufficient for processing may be excluded when calculating the PERCENTAGE; however, the named FEED INGREDIENTS shall constitute at least 70 PERCENT of the total product weight.

(b) When any named FEED INGREDIENT(S) constitutes at least 25 PERCENT of total product weight, provided that:

(i) Water sufficient for processing may be excluded when calculating the PERCENTAGE; however, the named FEED INGREDIENT(S) shall constitute at least 10 PERCENT of the total product weight; and

(ii) A descriptor is used with the FEED INGREDIENT name(s). This descriptor shall imply other FEED INGREDIENTS are included in the product formula. Examples of descriptors include "dinner," "platter," "entree," "formula," and "recipe"; and

(iii) The descriptor shall be in the same size, style, and color text as the FEED INGREDIENT name(s).

(c) When a combination of FEED INGREDIENTS which are included in the PRODUCT NAME in accordance with this subsection meets all of the following:

(i) Each named FEED INGREDIENT constitutes at least three PERCENT of the product weight, excluding water sufficient for processing; and

(ii) All such FEED INGREDIENT names appear on the LABEL in the same size, style, and color text.

(4) When the name of any FEED INGREDIENT appears in the brand or PRODUCT NAME of a PET FOOD or SPECIALTY PET FOOD or elsewhere on the product LABEL and includes a descriptor such as "with" or similar designation, the named FEED INGREDIENT(S) must each constitute at least three PERCENT of the total product weight exclusive of water sufficient for processing. The three PERCENT minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments. The word "with," or similar designation, and named FEED INGREDIENTS shall be in the same size, style, color and case print/text and be of no greater size than:

(5) A flavor designation may be included as part of the PRODUCT NAME or elsewhere on the LABEL of a PET FOOD or SPECIALTY PET FOOD when the flavor designation meets all of the following:

(a) The flavor designation:

(i) Conforms to the name of the FEED INGREDIENT as listed in the INGREDIENT STATEMENT; or

(ii) Is identified by the source of the flavor in the INGREDIENT STATEMENT; and

(b) The word "flavor" is printed in the same size text and with an equal degree of conspicuousness as the name of the flavor designation; and

(c) Substantiation of the flavor designation, the flavor claim, or the FEED INGREDIENT source is provided upon request.

(6) Contractions or coined names referring to FEED INGREDIENTS shall not be used in the brand name of a PET FOOD or SPECIALTY PET FOOD unless it is in compliance with WAC 16-252-024 (3), (4), or (5).

(7) Unless a PET FOOD or SPECIALTY PET FOOD is identified on the PRINCIPAL DISPLAY PANEL as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other such name, the maximum moisture declared shall not exceed 78 PERCENT of the natural moisture content of the FEED INGREDIENTS, whichever is higher.

(1) A statement identifying the purpose of a PET FOOD or SPECIALTY PET FOOD is required on the PRINCIPAL DISPLAY PANEL of the LABEL in accordance with the following:

(a) The purpose of a PET FOOD or SPECIALTY PET FOOD shall be stated as:

(i) "Complete [Species] Food" - For food products intended to be the complete diet for ALL LIFE STAGES and sizes of a PET or SPECIALTY PET in accordance with the unqualified claims in WAC 16-252-044(2);

(ii) For food products intended to be the complete diet for a limited life stage or size of a PET or SPECIALTY PET in accordance with the qualified claims in WAC 16-252-044(3) one of the two following statements shall be used:

(A) "Complete Food for [blank]" where the blank shall be filled with one or more of the following:

(I) "Adult [Species]";

(II) "Puppies," "Kittens," or "Juvenile [Species other than dog or cat]";

(III) "Puppies (<70 lb. as an adult)"; or

(IV) "Dogs (except puppies ˃70 lb. as an adult)"; or

(B) "Complete [Blank] Food" where the blank shall be filled with one or more of the following:

(I) "Adult [Species]";

(II) "Puppy," "Kitten," or "Juvenile [Species other than dog or cat]";

(III) "Puppy (<70 lb. as an adult)"; or

(IV) "Dog (except puppies ˃70 lb. as an adult)";

(iii) "Veterinary Diet for [Species]" - For food products intended to be used under the supervision or direction of a veterinarian only in accordance with WAC 16-252-044(4);

(iv) "[Species] Treat" - For food products for PETS or SPECIALTY PETS, provided occasionally for enjoyment, training, entertainment, or other purposes, and not generally intended or represented to be a complete food or nutritional supplement;

(v) "[Species] Food Supplement" - For food products for PETS or SPECIALTY PETS that are intended to supply specific nutrient(s) or other food components but are not a complete diet;

(vi) "[Species] Food Mixer" - For food products for PETS or SPECIALTY PETS that are intended to top, accompany, or contribute to a complete diet but are not generally intended or represented to be a complete diet; or

(vii) "Daily [Specialty Pet Species] Food" - For food products that are intended to be the daily diet for SPECIALTY PETS where no recognized nutritional authority exists. A limited life stage may be indicated, i.e., "Daily [Specialty Pet Species] Food for [Juveniles or Adults]."

(b) This purpose statement shall:

(i) Appear within the bottom 30 PERCENT of the area of the LABEL PRINCIPAL DISPLAY PANEL in lines generally parallel to the base on which the package rests as it is designed to be displayed and shall be repeated on the alternate PRINCIPAL DISPLAY PANEL, if present. However, on packages having a PRINCIPAL DISPLAY PANEL of five square inches or less, the requirement for placement within the bottom 30 PERCENT of the area of the LABEL panel shall not apply;

(ii) Be at least as large as the statement of net quantity, consistent with 16 C.F.R. 500.21;

(iii) Appear in the same color and style as the statement of net quantity and on the same background color as the statement of net quantity; and

(iv) Be separated by at least a space equal to the height of the letter "N" used in the statement of net quantity from other printed LABEL information appearing above or below it and by at least a space equal to twice the width of the letter "N" of the style of text used in the quantity of contents statement from other printed LABEL information appearing to the left or right of it.

(2) The LABEL of a PET FOOD or SPECIALTY PET FOOD which is intended for ALL LIFE STAGES and sizes of the PET or SPECIALTY PET may make unqualified claims, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

(a) The product meets the nutrient requirements for ALL LIFE STAGES and sizes established by an AAFCO-recognized nutrient profile; or

(b) The product meets the criteria for ALL LIFE STAGES as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s); or

(c) Unqualified claims of nutritional adequacy that include large size dogs (˃70 lb. as an adult) can be substantiated by:

(i) Completing the appropriate protocols using large size dogs; or

(ii) Completing the appropriate protocols using dogs <70 lb. adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles; or

(d) The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of FEED INGREDIENTS that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for ALL LIFE STAGES, provided that:

(i) The nutritional similarity of the FAMILY product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(ii) The FAMILY product meets the criteria for ALL LIFE STAGES; and

(iii) Under circumstances of reasonable doubt, the DEPARTMENT may require the manufacturer to perform additional testing of the FAMILY product in order to substantiate the claim of nutritional adequacy.

(3) The LABEL of a PET FOOD or SPECIALTY PET FOOD which is intended for a limited purpose (such as size of dog) or a specific life stage, but not for ALL LIFE STAGES and sizes, may make qualified claims such as "complete and balanced," "perfect," "scientific," or "100% nutritious" when the product and claim meet both of the following:

(a) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, "complete and balanced for puppies (or kittens)." The claim and the required qualification shall be juxtaposed (side by side or next to each other) on the same LABEL panel and in the same size, style, and color text; and

(b) The product meets at least one of the following:

(i) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile; or

(ii) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s).

Qualified claims of nutritional adequacy that include large size dogs can be substantiated by:

(A) Completing the appropriate protocols using large size dogs; or

(B) Completing the appropriate protocols using dogs <70 lb. adult weight while containing no more calcium and phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles; or

(iii) The requirements of a product FAMILY which is nutritionally similar to a lead product which contains a combination of FEED INGREDIENTS which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

(A) The nutritional similarity of the FAMILY product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(B) The FAMILY product meets the criteria for such limited purpose; and

(C) Under circumstances of reasonable doubt, the DEPARTMENT may require the GUARANTOR to perform additional testing for the FAMILY product to substantiate the claim of nutritional adequacy.

(4) A product intended for use by, or under the supervision or direction of a veterinarian shall clearly indicate the nutritional adequacy of the product in accordance with WAC 16-252-044 (3)(a) or (c) as would be required for any other PET FOOD or SPECIALTY PET FOOD.

(5) A signed affidavit attesting that the product meets the requirements of WAC 16-250-044 (2) or (3) shall be submitted to the DEPARTMENT upon request.

(6) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO-recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy of the product shall be scientifically substantiated.

(7) The following AAFCO-recognized nutritional authority, nutrient profile, and/or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(a) As an AAFCO-recognized nutrient profile or nutritional authority:

(i) For dogs, the AAFCO Dog Food Nutrient Profiles;

(ii) For cats, the AAFCO Cat Food Nutrient Profiles;

(iii) For SPECIALTY PETS, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that, this nutrient recommendation is recognized only for the specific SPECIALTY PETS for which the profile is intended.

(b) As an AAFCO-recognized animal feeding protocol(s), the AAFCO Dog and Cat Food Feeding Protocols.

(8) When the LABEL of a PET FOOD or SPECIALTY PET FOOD includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile such as a table of comparison, a PERCENTAGE, or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply:

(a) The product shall meet the AAFCO-recognized nutrient profile; and

(b) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile; however, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement, as per WAC 16-252-044 (1)(a) or (2)(b)(i), appears elsewhere on the product LABEL; and

(c) The statement of comparison of the nutrient content shall constitute a GUARANTEE and shall be in the nutrient GUARANTEES within the PET FOOD or SPECIALTY PET FOOD NUTRITION FACTS; and

(d) The statement of comparison shall appear on the LABEL separate and apart from the nutrient GUARANTEES within the PET FOOD or SPECIALTY PET FOOD NUTRITION FACTS.

(1) PET NUTRITION FACTS shall be displayed in a prominent place on the LABEL of all PET FOODS (including treats, FOOD SUPPLEMENTS, VETERINARY DIETS, and FOOD MIXERS), but not necessarily on the PRINCIPAL DISPLAY PANEL. The information shall be set off in a box by use of hairlines (fine lines) and shall be all black or one-color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Pet Nutrition Facts" that is centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Pet Nutrition Facts" from the next line of text. The box contains the following required elements with all text the same size and style in the following order:

(a) The stated whole FAMILIAR HOUSEHOLD UNIT (e.g., can, measuring cup, treat, or piece), consistent with the feeding directions, and its weight in grams shall be right justified. This is set off by a bold line centered between this and the next line of text.

(b) A statement of calorie content, determined as specified in WAC 16-252-118, shall include the following:

(i) The calorie content of the product shall be stated after the left justified heading:

(A) "Calories per [familiar household unit]†: [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(a); or

(B) "Calories per [familiar household unit] (fed): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (2)(a).

(ii) Below the calorie content statement, the number of calories contributed by protein, fat, and carbohydrate shall be declared, in that order, after "From:". The "From:" line shall be indented to reflect that it is a component of the total calories on the line above. If the total calorie content of the product is determined by feeding trial in accordance with WAC 16-252-118 (2)(a), then "†" shall be declared immediately after the number of calories from carbohydrates. The determination of calories from protein, fat, and carbohydrate are as described in WAC 16-252-118 (3)(c). This is set off by a bold line centered between this and the next line of text.

(c) The nutrient GUARANTEES shall appear under the headers "Nutrients" that is left justified to the edge of the box, "Guaranteed" that is right justified to a vertical hairline that runs from this line of text to the last GUARANTEED nutrient value, and "per [familiar household unit]" that is right justified to the edge of the box. The amount "per [familiar household unit]" for each nutrient is determined by multiplying the GUARANTEED amount (concentration) by the number of grams in the FAMILIAR HOUSEHOLD UNIT and shall include the resultant unit of such amount (e.g., grams, milligrams, or international units). The GUARANTEES shall be listed in the following order with a hairline centered between each line of text:

(i) A PET FOOD LABEL shall list the following required GUARANTEED amounts, stated as a maximum or minimum, as appropriate:

(A) "Protein" is minimum PERCENTAGE of crude protein;

(B) "Fat" is minimum PERCENTAGE of crude fat;

(C) "Total Carbohydrate†" is maximum PERCENTAGE equal to [100 - (Crude Protein + Crude Fat + Moisture + Ash)];

(D) "Dietary Fiber" is maximum PERCENTAGE of total dietary fiber. The dietary fiber GUARANTEE shall be indented to reflect that it is a component of the total carbohydrate GUARANTEE on the line above;

(E) "Moisture" is maximum PERCENTAGE of moisture; and

(F) Maximum PERCENTAGE of crude fat ("Fat") shall be listed between the minimum PERCENTAGE of crude fat and the maximum PERCENTAGE "Total Carbohydrate" if required by WAC 16-252-118;

(G) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed.

(ii) When "Ash" is listed, it shall be GUARANTEED as a maximum PERCENTAGE and shall immediately follow moisture.

(iii) When listed on a PET FOOD GUARANTEES for "Dietary Starch" and "Sugars" shall be stated as maximum GUARANTEED amounts. Neither GUARANTEED amount shall be listed without the other. The GUARANTEED amount for dietary starch shall follow dietary fiber with the same indentation. The GUARANTEED amount for sugars shall follow dietary starch with the same indentation.

(iv) The "†calculated value" shall appear immediately after the last GUARANTEE below a bold line.

(v) Other additional required or voluntary GUARANTEES shall appear in accordance with the following:

(A) GUARANTEES for nutrients are in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles following ash, if also listed, or moisture, if ash is not listed.

(B) GUARANTEES for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in this chapter, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(I) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(II) The disclaimer "*not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles" shall appear immediately after "†calculated value."

(III) For a PET FOOD that is intended to supply: Microorganisms, guarantees shall be declared as CFU/g; and/or enzymes shall be declared as stipulated in WAC 16-250-036(7). The enzyme activity unit meaning should follow the disclaimer within the box.

(vi) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the disclaimers which follow the GUARANTEES:

(A) A statement that the PET FOOD meets the requirements of one or more of the recognized categories of nutritional adequacy: Gestation/lactation, growth, maintenance, and ALL LIFE STAGES. It shall be stated verbatim as one of the following:

(I) "(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog or Cat Food Nutrient Profiles for ________." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "All Life Stages".) For a dog food, when the blank includes the words "Growth" or "All Life Stages," one of the following phrases must also be added verbatim to the end of the claim:

• "... including growth of large size dogs (70 lb. or more as an adult)" if the product has been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs.

• "... except for growth of large size dogs (70 lb. or more as an adult)" if the product has not been formulated to meet the levels of nutrients specifically referenced in the Dog Food Nutrient Profiles as being applicable to large size growing dogs; or

(II) "Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for _____." (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance, or the words "All Life Stages"); or

(III) "(Name of product) provides complete and balanced nutrition for ______. (Blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance, or the words "All Life Stages") and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests."

(B) A nutritional or dietary statement for purposes other than those listed in WAC 16-252-044 (2) or (3) if the statement is scientifically substantiated; or

(C) The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of WAC 16-252-044 (2) or (3) or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(2) SPECIALTY PET NUTRITION FACTS shall be displayed in a prominent place on the LABEL of all SPECIALTY PET FOODS (including treats, FOOD SUPPLEMENTS, VETERINARY DIETS, and FOOD MIXERS), but not necessarily on the PRINCIPAL DISPLAY PANEL. The information shall be set off in a box by use of hairlines and shall be all black or one-color type, printed on a white or other neutral contrasting background so as to be clearly visible under the heading "Specialty Pet Nutrition Facts" that is centered in the top row of the box and twice the size of all other text in the box. A hairline rule that is centered between the lines of text shall separate "Specialty Pet Nutrition Facts" from the next line of text. The box contains the following required elements with all text the same size and style in the following order:

(a) The stated whole FAMILIAR HOUSEHOLD UNIT (e.g., can, measuring cup, treat, or piece), consistent with the feeding directions, and its weight in grams shall be right justified. This is set off by a bold line centered between this and the next line of text.

(b) The nutrient GUARANTEES shall appear under the headers "Nutrients" that is left justified to the edge of the box, "Guaranteed" that is right justified to a vertical hairline that runs from this line of text to the last GUARANTEED nutrient values, and "per [familiar household unit]" that is right justified to the edge of the box. The amount "per [familiar household unit]" for each nutrient is determined by multiplying the GUARANTEED amount (concentration) by the number of grams in the FAMILIAR HOUSEHOLD UNIT and shall include the resultant unit of such amount (e.g., grams, milligrams, or international units). The GUARANTEES shall be listed in the following order with a hairline centered between each line of text:

(i) A SPECIALTY PET FOOD LABEL shall list the following required GUARANTEED amounts, stated as a maximum or minimum, as appropriate:

(A) "Protein" is minimum PERCENTAGE of crude protein;

(B) "Fat" is minimum PERCENTAGE of crude fat;

(C) "Total Carbohydrate†" is maximum PERCENTAGE equal to [100 - (Crude Protein + Crude Fat + Moisture + Ash)];

(D) "Dietary Fiber" is maximum PERCENTAGE of total dietary fiber. The dietary fiber GUARANTEE shall be indented to reflect that it is a component of the total carbohydrate GUARANTEE on the line above; and

(E) "Moisture" is maximum PERCENTAGE of moisture;

(F) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed.

(ii) When "Ash" is listed, it shall be GUARANTEED as a maximum PERCENTAGE and shall immediately follow moisture.

(iii) When listed on the SPECIALTY PET FOOD LABEL, GUARANTEES for "Dietary Starch" and "Sugars" shall be stated as maximum GUARANTEED amounts. Neither GUARANTEED amount shall be listed without the other. The GUARANTEED amount for dietary starch shall follow dietary fiber with the same indentation. The GUARANTEED amount for sugars shall follow dietary starch with the same indentation.

(iv) The "†calculated value" shall appear immediately after the last GUARANTEE below a bold line.

(v) Other additional required or voluntary GUARANTEES shall appear in accordance with the following:

(A) These GUARANTEES shall follow ash, if also listed, or moisture, if ash is not listed;

(B) GUARANTEES for nutrients are in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the intended animal species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile;

(C) For those SPECIALTY PET species with an AAFCO-recognized nutrient profile for the intended animal species, GUARANTEES for substances not listed in that profile, or not otherwise provided for in this chapter, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(I) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(II) The disclaimer "*not recognized as an essential nutrient by the _____." (Blank is to be completed by listing the specific AAFCO-recognized nutrient profile) shall appear immediately after the last such GUARANTEED amounts.

(III) No such disclaimer shall appear unless an AAFCO-recognized nutrient profile is available for the specific species of SPECIALTY PET.

(IV) For a SPECIALTY PET FOOD that is intended to supply: Microorganisms, GUARANTEES shall be declared as CFU/g; and/or enzymes shall be declared as stipulated in WAC 16-250-036(7). The enzyme activity unit meaning should follow the disclaimer within the box.

(vi) The statement of nutritional adequacy shall appear immediately below the bold line separating it from the GUARANTEES as one of the following:

(A) For DAILY FOODS for those SPECIALTY PET species where no recognized nutritional authority exists, the statement: "This product is intended to be a daily food."

(B) For all other SPECIALTY PET FOODS:

(I) A statement substantiating that the SPECIALTY PET FOOD meets the requirements for nutritional adequacy in WAC 16-252-044 (2) or (3) by an AAFCO-recognized nutritional authority. It shall be stated verbatim as the following: "(Name of product) is formulated to meet the nutritional levels established by [the AAFCO-recognized authority as referenced in WAC 15-252-044] for _____." (Blank is to be completed by stating the species and the stage(s) of the SPECIALTY PET'S life.);

(II) A nutritional or dietary claim for purposes other than those listed in WAC 16-252-044 (2) or (3) if the claim is scientifically substantiated; or

(III) The statement: "This product is intended for intermittent or supplemental feeding only.", if a product is suitable only for limited or intermittent or supplementary feeding.

(3) PET or SPECIALTY PET FOOD SUPPLEMENTS: NUTRITION FACTS of a PET FOOD or a SPECIALTY PET FOOD which is formulated as and represented to be a PET FOOD or a SPECIALTY PET FOOD SUPPLEMENT shall include all of the information required in WAC 16-252-054 (2) or (3) except that GUARANTEES shall only be displayed on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis:

(a) For a FOOD SUPPLEMENT that is intended to be a source of nutrients, GUARANTEES shall appear for all nutrients that the product is intended to provide under the headers "Nutrients" that is left justified to the edge of the box and "per [feeding unit]" that is right justified to the edge of the box:

(i) For nutrients with an established requirement by an AAFCO-recognized nutrient profile, minimum GUARANTEES shall be declared in the same order and units (i.e., g, mg, or IU) specified in the AAFCO-recognized nutrient profile for the intended species; or

(ii) When no species-specific nutrient profile has been recognized by AAFCO, minimum GUARANTEES shall be declared in the same order and units (i.e., g, mg, or IU) specified in the AAFCO Cat Food Nutrient Profiles; and

(iii) GUARANTEES for substances not listed in an AAFCO-recognized nutrient profile for the intended animal species, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk (*).

(A) For any such GUARANTEES, a hairline shall be centered between the last and the next line of text;

(B) The disclaimer "*not recognized as an essential nutrient by the _____." (Blank is to be completed by listing the specific AAFCO-recognized nutrient profile) shall appear immediately after the last such GUARANTEED amounts. No such disclaimer shall appear unless an AAFCO-recognized nutrient profile is available for the specific species of SPECIALTY PET.

(b) For a FOOD SUPPLEMENT that is intended to supply microorganisms and/or enzymes, GUARANTEES shall be declared as specified in WAC 16-250-036 (7) or (8) on a per feeding unit (e.g., tablets, capsules, granules, or liquids) basis. The enzyme activity unit meaning should follow the disclaimer within the box.

(4) The sliding scale method of expressing a GUARANTEED amount on a PET FOOD or SPECIALTY PET FOOD LABEL (for example, "Protein 15–18% Min") is prohibited.

(5) Protein, fat, calculated total carbohydrate, or dietary fiber are not required when the PET FOOD or SPECIALTY PET FOOD is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

(6) For small packages with a total printable area of more than 12 square inches and less than or equal to 40 square inches, all information required in WAC 16-252-054 (1), (2), or (3) shall appear, but may appear in a linear format. This information shall appear separate and distinct from any other information. In the linear format, the required information shall:

(a) Appear in the same order as required by WAC 16-252-054 (1), (2), or (3) but without the formatting described;

(b) Text shall be all black or one-color type and all text shall be the same size and style, except that the heading "Pet Nutrition Facts" or "Specialty Pet Nutrition Facts" shall be bolded;

(c) The text shall be sufficiently large so as to be conspicuous and must not be smaller than 1/6 inch;

(d) The GUARANTEED amount shall appear immediately after the amount "per [familiar household unit]" for each nutrient with the GUARANTEED amount enclosed in parentheses and all units clearly identified;

(e) The following abbreviations may be used: Total Carbohydrate as "Carb†," Dietary Fiber as "Fiber."

(7) For very small packages with a total printable area of less than or equal to 12 square inches, the information required elsewhere in WAC 16-252-036 is not required to appear on the LABEL. However, all information specified elsewhere in WAC 16-252-036 for the particular product type shall be determined and shall be submitted to the DEPARTMENT upon request. The following limited information is required to appear on the LABEL:

(a) This information shall appear separate and distinct from any other information;

(b) Text shall be all black or one-color type and all text shall be the same size and style, except that the heading "Nutrition Facts" shall be bolded;

(c) The text shall be sufficiently large so as to be conspicuous and must not be smaller than 1/16 inch;

(d) For PET FOODS, only total calories are required and shall be stated as:

(i) "Cal (calc): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(a); or

(ii) "Cal (fed): [#]" when the calorie content is determined in accordance with WAC 16-252-118 (1)(b).

(e) GUARANTEED amounts shall be stated in weight per entire contents (e.g., grams per pouch). The following required amounts stated as a maximum or minimum, as appropriate:

(i) "Protein" is crude protein;

(ii) "Fat" is crude fat;

(iii) "Carb" is calculated from [100 - (% Crude Protein + % Crude Fat + % Moisture + % Ash)];

(iv) "Fiber" is total dietary fiber;

(v) "Moisture" is moisture; and

(vi) Additional required or voluntary GUARANTEES shall follow moisture or ash, if listed, and shall comply with the requirements for such GUARANTEES in WAC 16-252-036 (1)(c), as appropriate, except that they shall be stated only in weight per entire contents.

(1) Each FEED INGREDIENT of a PET FOOD or SPECIALTY PET FOOD shall be listed in the INGREDIENT STATEMENT as follows:

(a) The names of all FEED INGREDIENTS in the INGREDIENT STATEMENT shall be shown in letters or type of the same size, style and color, except where the defined name of the FEED INGREDIENT includes genus and species (e.g., microorganisms) which may be shown in italics;

(b) The FEED INGREDIENTS shall be listed in descending order by their predominance by weight in nonquantitative terms, except if the FEED INGREDIENT is a vitamin and/or mineral premix, the premix may be declared in order of predominance by the name "vitamins" or "minerals" as appropriate, followed by a parenthetical listing of all the vitamins and/or minerals in the premix, each in their order of predominance by weight as listed on the INGREDIENT STATEMENT of the premix LABEL;

(c) As published in the Official Feed Terms, Common or Usual Ingredient Names and Ingredient Definitions of Feed Ingredients in the AAFCO Official Publication or Common Food Index and Definitions of Feed Ingredients, except any FEED INGREDIENT for which no AAFCO FEED INGREDIENT name exists shall be identified by the common or usual name;

Any FEED INGREDIENT suitable for use in PET FOOD or SPECIALTY PET FOOD for which there is a codified standard of identity in Title 9 or 21 of the Code of Federal Regulations shall be declared in accordance with the applicable regulation, which includes the name of the standardized food followed by a parenthetical listing of its FEED INGREDIENTS, if necessary, as provided in the regulation.

(2) The ingredient "meat," "meat by-products," "poultry," or "poultry by-products" shall be qualified to designate the animal from which the meat or meat by-products are derived unless the FEED INGREDIENTS are derived from cattle, swine, sheep, goats, or any combination thereof or the poultry or poultry meal are derived from chickens, turkeys, ducks, geese, guineas, ratites, or squabs, or any combination thereof. For example, FEED INGREDIENTS derived from deer shall be listed as "venison" or "venison by-products";

(a) For FEED INGREDIENTS consisting of fish, "fish meal," or "fish by-products," the name of the FEED INGREDIENT may include "fish" without further specification of the type of the fish or if it bears a name descriptive of its kind (e.g., "ocean whitefish" or by using the acceptable market name(s) or common name (but not any vernacular or slang names) of the individual fish species in the FEED INGREDIENT as established by the United States Food and Drug Administration (FDA Seafood List), it must correspond thereto; and

(b) For purposes of FEED INGREDIENT LABELING of PET FOOD or SPECIALTY PET FOOD, "sugar" shall refer to sucrose, which is obtained from sugar cane or sugar beets in accordance with the provisions in Title 21 of the Code of Federal Regulations. For all other LABELING purposes outside the ingredient list, "sugar" shall be synonymous with "sugars" as defined in the AAFCO Official Feed Terms.

(3) Brand or trade names shall not be used in the INGREDIENT STATEMENT.

(4) A reference to the quality or grade of a FEED INGREDIENT shall not be allowed in the INGREDIENT STATEMENT.

(5) If there is no official definition for a FEED INGREDIENT in the AAFCO Official Publication, then a FEED INGREDIENT with an AAFCO tentative definition may be used.

(6) Each FEED INGREDIENT of a PET FOOD or SPECIALTY PET FOOD must be listed separately. Collective terms may not be used on PET FOOD or SPECIALTY PET FOOD LABELING.

(7) If properly used as specified by the USDA National Organic Program (7 C.F.R. Part 205), the term "organic" does not apply to WAC 16-250-064(4).

(8) A reference to the nature, form, or other attribute of a FEED INGREDIENT shall be allowed in the INGREDIENT STATEMENT when that attribute imparts a distinctive characteristic to the PET FOOD or SPECIALTY PET FOOD.

(9) Any reference to the PERCENTAGE of a FEED INGREDIENT or combination of FEED INGREDIENTS, by symbol or word, in the brand or PRODUCT NAME or elsewhere on a PET FOOD or SPECIALTY PET FOOD LABEL, shall be based in relation to the total weight of all FEED INGREDIENTS in the product.

(a) The names of the FEED INGREDIENT(S) shall appear in order of predominance by weight in the product, provided that names of flavors due to their varying intensity can be in any order.

(b) Where water sufficient for processing is excluded from the declared PERCENTAGE, the exclusion of water shall be indicated in words juxtaposed (side by side or next to each other) to, the same style and color text, and at least one-half the text size of the stated PERCENTAGE (e.g., "95% beef exclusive of water" or "95 PERCENT chicken and liver exclusive of water").

(1) An artificial color may be used in a PET FOOD or SPECIALTY PET FOOD only if it has been shown to be harmless to PETS or SPECIALTY PETS. The permanent or provisional listing of an artificial color in the United States Food and Drug Administration (FDA) 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 or SPECIALTY PETS.

(2) Evidence may be required to prove the safety and efficacy or utility of a PET FOOD or SPECIALTY PET FOOD which contains additives or DRUGS, when used according to directions furnished on the LABEL. Satisfactory evidence of the safety and efficacy of a PET FOOD or SPECIALTY PET FOOD may be established:

(a) When the PET FOOD or SPECIALTY PET FOOD contains such additives, the use of which conforms to the requirements of the applicable regulation in 21 C.F.R., or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for such use; or

(b) When the PET FOOD or SPECIALTY PET FOOD itself is a DRUG or contains a DRUG as defined in RCW 15.53.901 and is "generally recognized as safe and effective" for the LABELED use or is marketed subject to an application approved by the FDA under 21 U.S.C. 360(b).

(3) When a DRUG is included in a PET FOOD or SPECIALTY PET FOOD, the format required by WAC 16-250-014(4) for LABELING MEDICATED FEEDS shall be used.

(1) All PET FOODS and SPECIALTY PET FOODS shall bear feeding directions consistent with the purpose statement on the PRINCIPAL DISPLAY PANEL.

(2) PET FOOD, including treats and FOOD MIXERS, LABELED as complete and balanced for any or ALL LIFE STAGES, as provided in WAC 16-252-044 (3)(a), except those PET FOODS LABELED in accordance with WAC 16-252-044(4), shall list feeding directions on the product LABEL. These directions shall be expressed in common terms and shall appear prominently on the LABEL. Feeding directions shall, at a minimum, include the amount of FAMILIAR HOUSEHOLD UNIT of product per weight of (dog or cat). The frequency of feeding shall also be specified.

(3) SPECIALTY PET FOOD, including treats or FOOD MIXERS, LABELED as complete and balanced for any or ALL LIFE STAGES, as provided in WAC 16-252-044(1), or as a DAILY FOOD, shall list feeding directions on the product LABEL. These feeding directions shall be adequate to meet the feeding requirements of the intended species of the SPECIALTY PET. These directions shall be expressed in common terms and shall appear prominently on the LABEL. The frequency of feeding shall also be specified.

(4) PET FOOD or SPECIALTY PET FOOD SUPPLEMENTS shall list feeding directions on the product LABEL. The directions must be expressed in common terms and appear prominently on the LABEL and, at minimum, include the quantity of feeding unit, e.g., tablets, capsules, granules, or liquids) per weight of animal. The frequency of feeding shall also be specified.

(5) When a PET FOOD or SPECIALTY PET FOOD is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

(1)The statement shall be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one of the following methods then converted to Calories (kcal) per the FAMILIAR HOUSEHOLD UNIT (i.e., can, measuring cup, treat, or piece):

(a) By calculation using the following "Modified Atwater" formula: ME (kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where ME = metabolizable energy, 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 average 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 testing procedures determined by AAFCO (indicated as "(fed)" in the PET NUTRITION FACTS.

(2) An affidavit shall be provided upon the request of the department substantiating that the calorie content was determined by:

(a) WAC 16-252-118 (1)(c)(i) in which case the summary data used in the calculation shall be included in the affidavit; or

(b) WAC 16-252-118 (1)(c)(ii) in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(3) The calories from protein, fat, and carbohydrate as required in the PET NUTRITION FACTS are determined using the following calculation, then converted to Calories (kcal) per the FAMILIAR HOUSEHOLD UNIT (i.e., can, measuring cup, treat, or piece):

(a) Protein: ME (kcal/kg) = 10(3.5 × CP), where ME = metabolizable energy, CP = % crude protein "as fed" and the PERCENTAGE of CP is the average value 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.

(b) Fat: ME (kcal/kg) = 10(8.5 × CF), where ME = metabolizable energy, CF = % crude fat "as fed" and the PERCENTAGE of CF is the average value 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.

(c) Carbohydrate: ME (kcal/kg) = 10(3.5 × NFE), where ME = metabolizable energy, NFE is calculated as the difference between 100 and the sum of CP, CF, and the PERCENTAGES of crude fiber, moisture, and ash; CP = % crude protein "as fed," CF = % crude fat "as fed" and the PERCENTAGES are the average 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.

(4) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

(1) Calorie terms:

(a) "Light":

(i) A dog food product which bears on its LABEL the terms "light," "lite," "low calorie," or words of similar designation shall:

(A) Contain no more than 3100 kcal ME/kg for products containing less than 20 PERCENT moisture, no more than 2500 kcal ME/kg for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than 900 kcal ME/kg for products containing 65 PERCENT or more moisture; and

(B) Include on the LABEL feeding directions which reflect a reduction in calorie intake consistent with the purpose statement.

(ii) A cat food product which bears on its LABEL the terms "light," "lite," "low Calorie," or words of similar designation shall:

(A) Contain no more than 3250 kcal ME/kg for products containing less than 20 PERCENT moisture, no more than 2650 kcal ME/kg for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than 950 kcal ME/kg for products containing 65 PERCENT or more moisture; and

(B) Include on the feeding directions which reflect a reduction in calorie intake consistent with the purpose statement.

(b) "Less" or "Reduced Calories":

(i) A PET FOOD product which bears on its LABEL a claim of "less Calories," "reduced Calories," or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of calorie reduction (expressed on an equal weight basis) explicitly stated and juxtaposed (side by side or next to each other) with the largest or most prominent use of the claim on each panel of the LABEL on which the term appears;

(B) 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

(C) Feeding directions which reflect a reduction in calories compared to feeding directions for the product of comparison.

(ii) A comparison between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

(2) Fat terms:

(a) "Lean":

(i) A dog food product which bears on its LABEL the terms "lean," "low fat," or words of similar designation shall:

(A) Contain no more than nine PERCENT fat for products containing less than 20 PERCENT moisture, no more than seven PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than four PERCENT fat for products containing 65 PERCENT or more moisture;

(B) Include on the product LABEL in the nutrient GUARANTEES:

(I) A maximum fat GUARANTEE immediately following the minimum fat GUARANTEE in addition to the mandatory information as specified in WAC 16-252-036 (1)(c); and

(II) A maximum fat GUARANTEE which is no more than nine PERCENT fat for products containing less than 20 PERCENT moisture, no more than seven PERCENT fat for products containing 20 PERCENT more but less than 65 PERCENT moisture, and no more than four PERCENT fat for products containing 65 PERCENT or more moisture.

(ii) A cat food product which bears on its LABEL the terms "lean," "low fat," or words of similar designation shall:

(A) Contain a maximum PERCENTAGE of fat which is no more than 10 PERCENT fat for products containing less than 20 PERCENT moisture, no more than eight PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than five PERCENT fat for products containing 65 PERCENT or more moisture; and

(B) Include on the product LABEL in the nutrient GUARANTEES:

(I) A maximum fat GUARANTEES immediately following the minimum fat GUARANTEES in addition to the mandatory information as specified in WAC 16-252-036 (1)(c); and

(II) A maximum fat GUARANTEES which is no more than 10 PERCENT fat for products containing less than 20 PERCENT moisture, no more than eight PERCENT fat for products containing 20 PERCENT or more but less than 65 PERCENT moisture, and no more than five PERCENT fat for products containing 65 PERCENT or more moisture.

(b) "Less" or "Reduced Fat":

(i) A PET FOOD product which bears on its LABEL a claim of "less fat," "reduced fat," or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of fat 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;

(B) 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

(C) A maximum GUARANTEE immediately following the minimum fat GUARANTEE in addition to the mandatory information as specified in WAC 16-252-036 (1)(c).

(ii) A comparison on the LABEL between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

(3) Carbohydrate terms:

(a) "Low" carbohydrate, dietary starch, and sugars claims. A claim of "low carbohydrates," "low dietary starch," "low sugars" (or a combination thereof) is not allowed.

(b) "Less" or "reduced" carbohydrates, dietary starch, and sugars claims.

(i) A PET FOOD product that bears on its LABEL a claim of "less ____" or "reduced ____" (blank is to be completed by using "carbohydrates," "dietary starch," or "sugars"), or words of similar designation, shall include on the LABEL:

(A) The name of the product of comparison and the PERCENTAGE of reduction in total dietary starch plus sugars (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

(B) The comparative statement printed in type of the same color and style and not less than one-half the size used in the claim; and

(C) Maximum GUARANTEES for dietary starch and sugars as stated in WAC 16-252-036 (1)(c).

(ii) A comparison between products in different categories of moisture content (i.e., less than 20 PERCENT, 20 PERCENT or more but less than 65 PERCENT, 65 PERCENT or more) is misleading.

(1) The LABEL of a PET FOOD or SPECIALTY PET FOOD shall specify the business or corporate name and address of the GUARANTOR which may be the manufacturer or distributor. When the PET FOOD or SPECIALTY PET FOOD is not MANUFACTURED by the PERSON whose name appears on the LABEL, the name shall be qualified by a phrase that reveals the connection such PERSON has with such food; such as "Manufactured for ______," "Distributed by ______," or any other wording that expresses the facts. The statement of the place of business shall include the street address, city, state, zip code, and phone number; however, the street address may be omitted if such street address is shown in a readily accessible, widely published, and publicly available resource including, but not limited to, a printed directory, electronic database, or website.

(2) When a PERSON MANUFACTURES, packs or DISTRIBUTES a PET FOOD or SPECIALTY PET FOOD in a place other than the principal place of business, the LABEL may state the principal place of business in lieu of the actual place where each package of such PET FOOD or SPECIALTY PET FOOD was MANUFACTURED or packaged or from where each package is to be DISTRIBUTED.

(1) A PET FOOD or SPECIALTY PET FOOD product which bears handling and storage instructions shall display such instructions under the bolded header "Handling and Storage Instructions:" that is separate and distinct from any feeding directions. A header is not required for small packages with a total printable area less than 40 square inches. If any graphics are used to support handling and storage instructions, only the following graphics with the accompanying text, may be included, with the handling and storage instructions section, as applicable. The graphics (black and white or color) with accompanying text shall be obtained from the AAFCO website: https://www.aafco.org/pflm/.

(2) The handling and storage instructions, if present, shall be displayed in a conspicuous manner so to render them likely to be read under typical conditions of use. Any use of the handling and storage instructions graphics shall be no smaller than:

(1) The DEPARTMENT adopts: 21 C.F.R. Chapter I, Part 589, Substances Prohibited from Use in Animal Food or Feed.

(2) For the purpose of RCW 15.53.902, the terms "poisonous or deleterious substances" include, but are not limited to, the following:

(a) When screenings are added to a PET FOOD or SPECIALTY PET FOOD, the screening must not contain any seed, pesticide, or other product that renders it adulterated within the meaning of RCW 15.53.902; and

(b) Be ground fine enough or otherwise treated to destroy the viability of the noxious weed seeds contained in the screening so that the finished product contains no more than one viable prohibited noxious weed seed per pound and not more than 25 viable restricted noxious weed seeds per pound.

(3) For purposes of this chapter, prohibited noxious weed seeds are those listed in WAC 16-301-045 (prohibited noxious weed seeds) and restricted noxious weed seeds are those listed in WAC 16-301-050 (restricted noxious weed seeds).

(4) PET FOOD or SPECIALTY PET FOOD containing raw or unprocessed animal waste is adulterated under this chapter.

(5) In addition to the requirements under subsection (2) of this section, the terms "poisonous substances" or "deleterious substances" as used in RCW 15.53.902 include, but are not limited to, any FEED INGREDIENT that contains more than 20 parts per billion aflatoxin B1, B2, G1, G2, individually or in total.

The DEPARTMENT adopts the following as current good manufacturing practices:

(1) The requirements of 21 C.F.R. Part 507 – Current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals.

(2) The requirements of 21 C.F.R. Part 113 – Thermally processed low-acid foods packaged in hermetically sealed containers.

(3) The regulations and requirements governing emergency permit control in 21 C.F.R. Part 108.

Records relating the LOT IDENTIFIER, manufacture, processing, packing, distribution, receipt, holding, registration, and substantiation of the product must be kept for two years after the last date of distribution, unless otherwise specified.

(1) Any PERSON who DISTRIBUTES a PET FOOD or SPECIALTY PET FOOD in or into this state must register the product with the department as required under RCW 15.53.9014.

(2) The registration application, which includes renewal applications, must be complete, accurate, legible, and submitted as prescribed by the DEPARTMENT and includes (at a minimum):

(a) The name, mailing address, physical address, and contact information of the applicant;

(b) The name, mailing address, physical address, contact information, and FDA Establishment Identifier (FEI) number and/or unique business identifier (UBI) of the GUARANTOR;

(c) The name, mailing address, physical address, contact information, and FDA Establishment Identifier (FEI) number and/or unique business identifier (UBI) of the manufacturer;

(d) Type of activities the manufacturer is engaged in:

(i) Species of animals the FACILITY MANUFACTURES products for the GUARANTOR;

(ii) Types of product the FACILITY handles.

(e) Package size:

(i) Number of products DISTRIBUTED only in packages of 10 pounds or more;

(ii) Number of products DISTRIBUTED both in packages of less than 10 pounds and/or packages of 10 pounds or more.

(f) Applicant's signature;

(g) Date signed;

(h) Electronic product LABEL(S) named in accordance with the specified naming convention; and

(i) Registration fees and late fee(s) as specified in RCW 15.53.9014(3).

(3) Currently registered PET FOOD and SPECIALTY PET FOOD products are required to be submitted as new products if there are changes to the LABEL that go beyond the QUANTITY STATEMENT or minor graphics changes.

If both a new version of the LABEL, and an old version of the LABEL are in distribution at the same time, both versions are required to be registered until the old version is no longer in the channels of distribution. At that time the old version may be withdrawn from the registration.

(4) Registration application forms can be obtained from the DEPARTMENT online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at petfood@agr.wa.gov, or by phone at 360-902-1844.

(1)(a) Each registrant must file a semi-annual report on forms provided by the DEPARTMENT setting forth the number of TONS of PET FOOD or SPECIALTY PET FOOD DISTRIBUTED in or into this state as required by RCW 15.53.9018.

(b) The report must include the amount of PET FOOD or SPECIALTY PET FOOD DISTRIBUTED by type of species and product category, applicant's signature, and date signed.

(2) An inspection fee of 12 cents per TON on all PET FOOD or SPECIALTY PET FOOD DISTRIBUTED in or into this state during the year must accompany the semi-annual report.

(3) The minimum inspection fee, the late fee, and exceptions to payment of the fee are described in RCW 15.53.9018.

(4) Reports where no fees are due may be submitted electronically (via email) in accordance with the specified naming convention.

(5) Semi-annual reporting forms can be obtained online at https://agr.wa.gov/departments/animals-livestock-and-pets/animal-feed/forms; by emailing the animal feed program at petfood@agr.wa.gov; or by phone at 360-902-1844.

(6) Any reports and associated fees may be submitted to the department by mail to:

Washington State Department of Agriculture

Animal Feed Program

P.O. Box 42591

Olympia, WA 98504-2591

(1) Any PERSON may request a refund if they can show a specified amount over $50 was paid in error. Refund requests must be received in writing to the DEPARTMENT at the address referenced in WAC 16-252-182(5) or emailed to petfood@agr.wa.gov within 90 calendar days of the payment and include the following information:

(a) Name and address of applicant.

(b) Total amount of refund request with rationale.

(c) Dated, proof of payment, e.g., check number.

(2) If approved, the DEPARTMENT must process the requested funds within 60 business days.

(1) Electronic access to 21 C.F.R. is available at https://www.ecfr.gov/current/title-21. Print copies of the titles can be purchased from the U.S. Government Bookstore online at https://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. If you do not have electronic access, contact:

U.S. Government Publishing Office

P.O. Box 979050

St. Louis, MO 63197-9000

Phone 1-866-512-1800

(2) Online and print copies of the AAFCO Official Publication can be purchased from AAFCO online at http://www.aafco.org/Publications. If you do not have electronic access, print copies can also be purchased from:

AAFCO

1800 South Oak Street, Suite 100

Champaign, IL 61820

Phone 217-356-4221

(3) A copy of these publications are available for inspection at:

Washington State Department of Agriculture

Natural Resources Building

1111 Washington Street S.E.

Olympia, WA 98504-2560