1. (a) All by-products used in commercial feed must adhere to the following:

   1. (1) Must not bear or contain any substance which may render it injurious to health.

   2. (2) Must be held under conditions that will protect against contamination, including the following:

      1. (A) Containers and equipment used to convey or hold by-products before distribution must be designed, constructed of appropriate material, cleaned as necessary, and maintained to protect against the contamination of by-products;
      2. (B) By-products held for distribution must be held in a way to protect against contamination from sources such as trash; and
      3. (C) During holding, by-products must be accurately identified.
   3. (3) Shipping containers and bulk vehicles used to distribute by-products must be examined prior to use to protect against the contamination of commercial feed from the container or vehicle when the facility is responsible for transporting the by-products itself or arranges with a third party to transport the by-products.
2. (b) The manufacture, distribution and use of commercial feed shall comply with the requirements of Title 21, Code of Federal Regulations, Part 507, Subparts A, B, C, E, and F, April 1, 2022. The enumerated subparts, only as they pertain to commercial feed, are hereby incorporated by reference. For purposes of this section, the term “animal food” as used in the Code of Federal Regulations shall refer only to commercial feed as defined in Food and Agricultural Code Section 14925. Any requirements applicable to processed, fresh, or frozen pet food are not incorporated.

3. (c) Pursuant to Food and Agricultural Code Section 15021, it is unlawful for any person to deny the Department free access at reasonable times to all premises or conveyances which are used in the manufacture, transportation, importation, distribution, storage, or feeding of any commercial feed.

   1. (1) “Free access” means access for the purposes of sampling and inspection.
   2. (2) “Reasonable times” means normal business hours, Monday through Friday from 8 AM to 5 PM.
   3. (3) “All premises or conveyances” means any location with commercial feed on-site, regardless of whether the location possesses a commercial feed license.

4. (d) Pursuant to Food and Agricultural Code Section 14902.1, notwithstanding any other law, any commercial feed, feed additive, or drug approved by the United States Food and Drug Administration (FDA) that is fed to livestock shall be under the oversight of the Department as the primary state regulatory agency, including, but not limited to, products that make environmental and health claims.

   1. (1) For purposes of Chapter 6 (commencing with Section 14901) of Division 7 of the Food and Agricultural Code, “approved by the United States Food and Drug Administration (FDA)” means an ingredient, additive, or drug that is listed in the Code of Federal Regulations (CFR) or that has received a letter from FDA indicating the substance is generally recognized as safe (GRAS). The Secretary may also consider an ingredient, additive, or drug that has completed a safety review by FDA and has received a letter from FDA documenting enforcement discretion, no objection to use or sale, no questions to safety, and/or allowing market access.

Note: Authority cited: Sections 407, 14902 and 14903, Food and Agricultural Code. Reference: Sections 14902.1, 14903, 14925, 14991, 14992, 15011, 15021 and 15042, Food and Agricultural Code.

History

1. New section filed 3-29-2022; operative 3-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 13). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

2. New subsection (b) and amendment of Note filed 10-13-2022; operative 1-1-2023 (Register 2022, No. 41).

3. New subsections (c)-(d)(1) and amendment of Note filed 11-12-2024 as an emergency; operative 11-12-2024 (Register 2024, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-12-2025 or emergency language will be repealed by operation of law on the following day.

4. New subsections (c)-(d)(1) and amendment of Note refiled 5-12-2025 as an emergency; operative 5-12-2025 (Register 2025, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-6-2025 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 5-12-2025 order, including amendment of (d)(1), transmitted to OAL 6-10-2025 and filed 7-1-2025; amendments effective 7-1-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 27).