Pet Foods

Pet food is food or drink for animals, including cat or dog food, treats, or snacks, and products like horse feed. While FDA does not require pre-market approval for pet food, it does require pet food to be safe to eat with no harmful food additives or colors and be truthfully labeled. Animal supplements have no federal definition, though FDA’s Center for Veterinary Medicine has used an informal process for dealing with pet supplements. In many cases states regulate them as pet foods with all the standard requirements.

Pet food is highly regulated in the United States. Failure to obtain the proper permits, certifications, register facilities, or correctly label products can lead to import detentions and Import Alerts, as well as stop sale orders by the states.

State Regulation

Importers, manufacturers, and distributors of pet food must register with each state in which they sell. Typically, this is done with the state’s feed control office, though each state has its own process, requirements, and fees.

States have their own labeling requirements related to ingredients and nutritional statements. Individual states often require product labels be submitted for review for each pet food product sold in their state. Some states require periodic tonnage reporting on gross sales by product and package size. Renewal periods vary by state, so it is critical to review your status with each state to ensure that you do not miss the renewal period and thereby encounter late fees or possible stop sale orders (which force retailers to pull your products statewide).

AAFCO

The Association of American Feed Control Officials (AAFCO) is an independent organization that provides guidance to states regarding the manufacture, sale and distribution of animal feeds. They publish a set of model rules, which most states have adopted.

In 2023, AAFCO created a new set of model regulations for pet food and specialty pet food. Read more here: New Pet Food Regulations from AAFCO.  States are expected to adopt the new Model Regulations for Pet Food and Specialty Pet Food over the next few years. While AAFCO is recommending a transition period of six years, manufacturers should begin reviewing the impact of these new regulations now.

FDA Regulation

Under the Food Safety Modernization Act (FSMA) the Foreign Supplier Verification Program (FSVP) requires pet food importers to have a program to verify that imported pet food and the foreign supplier comply with US law. If FDA determines an importer’s FSVP plan is inadequate, they can stop their shipments, even if the pet food is safe and compliant. Pet foods are also required to follow Current Good Manufacturing Practices (cGMPs) minimum standards for established sanitary conditions for animal food production facilities, and manufacturers are subject to hazard analysis and preventive control requirements (HARPC).

Because pet food is considered a conventional food, their facilities are required to register with FDA. Foreign manufacturers must also register and appoint a US Agent.

FDA requires animal feed labels to include a statement of identity, net quantity statement, name and address declaration, and ingredient list.

USDA

USDA’s Animal and Plant Health Inspection Service (APHIS) requires that importers have a Veterinary Service Permit (“VS Permit”) and/or a Plant Protection and Quarantine Permit (“PPQ Permit”) before receiving products containing certain animal- or plant-origin materials, to prevent the spread of disease.

Need help?

We at FDAImports represent many foreign and domestic pet food manufacturers, importers, marketers, and distributors. We make clear the way through FDA, USDA, and State regulations and requirements to help our client’s import and sell their pet food and animal feed products in the United States.

Whether you are new to the market or a veteran, foreign or domestic, we can handle all your state compliance needs, from filing registrations, renewals, and tonnage to expert label reviews and state-by-state advocacy. We develop and review FSVP plans and deal with FDA detentions and refusals (including Import Alerts). Please contact us today with any questions or concerns you may about pet food or animal feed.