Commercial Feed License, Pet Food
Registration and Tonnage

Contents

• Animal Feed
• Commercial Feed Licensing
• Pet Food and Specialty Pet Food Registration
  • The Business of Pet Food [external link]
• Tonnage Reporting Requirements
• Recalls [external link]
• Good Manufacturing Practices
• Aflatoxins & Mycotoxins Warning to Animal Producers [PDF]

Animal Feed

The Washington State Department of Agriculture (WSDA) regulates commercial animal feed including livestock feed, poultry feed, fish feed and pet food at the state level.  The U.S. Food and Drug Administration (FDA) regulates animal feed at the federal level. 

For consumer protection WSDA ensures that feed products meet the guaranteed analysis stated on their label by conducting periodic product sampling at both the retail and manufacturing level.

For animal and human health protection WSDA conducts inspections at feed manufacturing, warehousing, transport, sales, distribution and animal production facilities to assure compliance with state and federal feed safety and labeling regulations.  WSDA conducts inspections for compliance with the Bovine Spongiform Encephalopathy (BSE Mad Cow Disease) Rule as federal inspections under contract with FDA and inspects firms manufacturing medicated feed for compliance with federal Good Manufacturing Practices rules.  WSDA staff also provides technical assistance and educational information to industry, groups and individuals. 

WSDA works with its Feed Advisory Committee and interested public to assist the department in making decisions regarding the Department's activities.

The following are the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) that applies to commercial feed and pet food:

RCW 15.53 Commercial Feed Law ,regulates Commercial Feed (this includes pet food) manufacturing, labeling and distribution.

WAC 16-250, regulates labeling requirements for all animal feeds, except pet and specialty pet foods.

WAC 16-252, Commercial Feed Rules - Pet Food and Specialty Pet Food regulates dog and cat food plus food for specialty pets.

WAC 16-256, Commercial Feed Rules - Processed Animal Waste, applies to the manufacture of processed animal waste and are in addition to the rules found in WAC 16-250.

Commercial Feed Licensing

Manufacturers, guarantors and distributors of any commercial feed except pet food, must be licensed with the state of Washington. Pet food products are required to be registered, (please refer to the Pet Food and Specialty Pet Food section).

The license requirement pertains but is not limited to such products as feed ingredients, complete and concentrated feeds, feed premixes, and nutritional supplements for livestock, zoo and laboratory animals, wildlife (wild birds, squirrels, deer, etc.).

• Who needs a License?
• What is a commercial feed?
• How do I apply for a New Commercial Feed License?
• After I've sent in my application how long will it take until I receive my license certificate?
• I've sent in my application for a new license, can I distribute in Washington?
• How do I know when to renew my license?
• What happens if my product is found in distribution and I don't have a current Commercial Feed License?
• Is one license enough?

Pet Food and Specialty Pet Food Registration

Pet food includes pet treats, biscuits and training food as well as the more traditional pet foods.  Raw meat pet food diets are exempt only if the meat is not ground and mixed with other ingredients.

In order to legally sell a pet food or specialty pet food in Washington State, the manufacturer or distributor must register the product.  For a new registration the forms named below must be submitted along with a legible copy of their product label and the registration fee.

As part of the registration process, these products must meet the label requirements of WSDA's Commercial Feed Rules - Pet Food and Specialty Pet Food (WAC 16-252).

To understand more about getting into the pet food business visit the AAFCO site: The Business of Pet Food.

All Pet Food and Specialty Pet Food Labels must be registered by WSDA prior to any product distribution in Washington State.

If a pet food or specialty pet food label claims to be certified organic the application will be reviewed by Pet Food Registration and the WSDA Organic Food Program before being registered in Washington State.

1. Who needs to be registered?
2. What is pet food vs. specialty pet food?
3. How do I apply for a new product registration?
4. After I've sent in my application how long will it take until I receive my registration certificate?
5. I've sent in my registration application, can I distribute in Washington?
6. How will I know when to renew my products?
7. What happens if my product is found in distribution and I don't have a current registration?
8. Is one product registration enough?
9. What is considered a revised label vs. a new label?

    

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   Tonnage Reporting Requirements

   All licensees and registrants are required to submit a Commercial Feed Semi-Annual Tonnage Report.

   Inspection fees:	$0.12 per ton Minimum: $12.50 if you are required to pay an inspection fee.
   Forms:	Semi-Annual Forms 4309 A, B, C 4309 (main reporting form) [PDF 50 KB] Instructions for Forms 4309, A-C [PDF 51 KB] The following forms may be required depending how Form 4309 is completed 4309A [PDF 47 KB] 4309B [PDF 50 KB] 4309C [PDF 49 KB]
   Reports due by:	Reports and payment for the January - June period is due at WSDA by July 31st of each year. Reports and payment for the July - December period is due at WSDA by January 31st of each year.
   Contact:	Deanna Painter (360) 902-2052
   Email	feedreg@agr.wa.gov

   General Information about reporting tonnage:

   • Reporting Tonnage
   • Paying Inspection Fees
   • Penalty for Late Reports/Fees
   • Reporting Periods and Due Dates
   • Failure to Report
   • Requirements of Responsible Buyer
   • Responsible Buyer
   • Q & A Feed Tonnage Reports and Inspection Fees
   • What is a Commercial Feed in Washington State
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   Good Manufacturing Practices for Medicated Feeds (GMP) Inspections

   Good Manufacturing Practices rules set forth the criteria for determining whether facilities that manufacture medicated feed:.

   1. use and maintain equipment that is capable of mixing animal drugs into feed at the potency level approved by FDA;
   2. clean and maintain equipment and plant premises so that drugs are not carried over into nonmedicated feeds; and
   3. maintain production records and use lot numbers so that medicated feeds can be recalled if there is a problem.
   
   
   The WSDA Good Manufacturing Practices Inspection form and FDA Guidance Document #72 detail the inspection criteria. These regulations apply to all types of facilities and equipment used in the production of medicated feeds. They also govern those instances in which failure to adhere to the regulations causes non-medicated feeds that are manufactured, processed, packed or held in the same facility to become adulterated.
   
   For more information, contact Tina Champion at (360) 902-1876

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   Bovine Spongiform Encephalopathy (BSE) Inspections

   WSDA works in cooperation with FDA to inspect renderers , feed manufacturers, distributors, transporters and animal production facilities for compliance with regulations that prohibit specific animal proteins in ruminant feeds. These inspections focus on careful evaluation of raw materials, correct labeling, preventing cross-contamination and keeping production and distribution records.

   There are two related federal feed rules for preventing the spread of BSE. First is 21CFR589.2000 Animal proteins prohibited in animal feed . This rule (21CFR589.2000) first became effective in 1997 and was amended effective April 27, 2009.

   The second feed rule for preventing the spread of BSE is 21CFR589.2001 Cattle materials prohibited in animal food or feed to prevent the transmission of bovine spongiform encephalopathy and became effective April 27, 2009.

   In general these rules require:
   1. All feeds containing prohibited material (prohibited mammalian protein) must be prominently labeled with the BSE Cautionary Statement "Do Not Feed To Cattle Or Other Ruminants". Pet food products and feed for non-ruminant laboratory animals often contain prohibited material but are exempt from this label requirement as long as they are intended for retail sale. However, if they are sold or are intended for sale as distressed or salvage items, then the BSE Cautionary Statement is required.
   2. Whenever prohibited material is handled by equipment that also handles ruminant feed, cleanout procedures that have been tested and found to be effective must be written down and followed. Each cleanout must be recorded and these records must be kept for one year.
   3. Ruminant feeders are responsible for making sure that ruminants under their care do not have access to non-ruminant feeds, such as pet food, hog feed, poultry feed, fish feed, and horse feed that may legally contain prohibited materials.
   4. The rules also create a class of material called cattle material prohibited in animal feed. This material cannot be used in feed for any animal, but may be burned for energy production, used as fertilizer, or disposed of by other methods.

   For details of these rules please go to FDA's BSE Home Page . Please note that at this website the publication entitled Feed Ban Enhancement: Implementation Questions and Answers sometimes refers to cattle 30 months of age and older; other times the document refers to cattle over 30 months of age. The rule only refers to cattle 30 month of age and older. You should also be aware that at the time this WSDA webpage was written the FDA guidance documents linked on the FDA website had not been updated to include the amendment that became effective April 27, 2009.

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   WSDA Contact Information for Pet Food Registration

   Tina Champion - Feed Inspections Help Desk	(360) 902-1876
   Lizette Beckman. - License and Pet Food Registration	(360) 902-1942
   Deanna Painter. - Feed Tonnage	(360) 902-2052
   Claudia Coles - Office of Compliance & Outreach	(360) 902-1905

   
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