The Other Side of the Coin… – Truth about Pet Food

Pet foods in the US are regulated on a federal and state level. All pet food manufacturers are required by federal law to register with the FDA. Manufacturers are required to re-register every two years.

All pet food manufacturers are also required to register in each state they sell products in. With states, registration is required each year and in most states there is an annual registration fee along with an annual ‘tonnage’ fee (a fee based on tons of pet food distributed in the state) required. Most states also require pet food manufacturers to submit the labels of each product they sell to be submitted for approval each year.

The challenge for pet food manufacturers is that each state is different in what they require for registration. As example, when a pet food manufacturer sells a pet food in Florida they are required by state law to register and pay a registration fee based on tons of pet food sold within Florida. For small companies selling up to 25 tons the fee is $40.00 annually. For large companies selling more than 5,000 tons of pet food the fee is $3,500.00 annually. The Florida registration expires June 30 each year.

The state of Florida also requires pet food (and animal feed) manufacturers to annually test their products. The required testing is also based on tons of pet food sold in the state. Florida requires a minimum of one sample per year to be tested for protein, fat & fiber (1 sample per 750 tons), another minimum of one sample per year for minerals (1 sample per 15,000 tons), another minimum of one sample per year for aflatoxin (1 sample per 25,000 tons), and one more minimum of one sample per year for vomitoxin (a mycotoxin – 1 sample per 50,000 tons). The unusual thing about this state of Florida requirement is the state allows manufacturers to submit their own samples for testing. By allowing pet food/animal feed manufacturers to submit their own samples, companies can assure the outcome of the required testing (submitting only clean samples).

The state of Indiana requires each pet food manufacturer to obtain an Indiana commercial feed license at a cost of $50.00 annually. This state’s registration expires December 31 each year.

Indiana has an “Inspection fee” of $0.40 per ton (similar to tonnage fee) or with pet foods sold in packages of 10 pounds or less a one time annual inspection fee of $50.00. Pet foods are required to file reports with Indiana (tonnage reports) quarterly – and fee is due at time of report.

Indiana also requires all labels to be submitted for approval. Every pet food brand sold has to submit either a printed copy of their full label or digital copy of their full label (front, back and sides) – and is required to submit a label for each different product sold.

The state of Texas requires registration and an annual license with a fee of $75.00. Texas also charges an “inspection fee” based on tonnage distributed in the state; $0.19 per ton. For products distributed only in containers of five pounds or less – flat rate inspection fee $50.00 annually.  Fees are due quarterly.

And Texas requires all pet food labels to be submitted to “review each product label submitted by a licensee to determine compliance with the labeling requirements…”

This same process – registration, fees, tonnage fees, label approvals – is repeated in almost every state…but using different forms, different tonnage fees, and all required to be filed at different times of the year.

And then there are pet foods that are sold only online, not distributed in pet stores in states. To my knowledge, there are no regulations specifically addressing registration requirements or fees for companies that sell only online. It is unknown if all online only brands register in the states they sell (direct to consumer) in.

The fees and the time it takes to register in each state is significant for small brands. Imagine if you are a small pet food or treat company, selling pet food/treats in each state (continental US – 48 states). This brand must register 48 times, pay a license fee 48 times, submit your labels 48 times, and pay tonnage fees 48 times on a quarterly basis.

And consider that each state regulates differently. As example some states allow raw milk pet products, some states do not, and other states require a food dye to be added to raw milk pet products. Some states will allow certain label claims, others do not allow the same claim. In these instances pet food companies must either change their product or their label, or withdraw the product from sale in those challenging states.

What should be simple is not. Instead it is a time consuming and costly expense for manufacturers (which is passed onto consumers) that does not guarantee pet owners are purchasing safe, law-abiding products.

Should a company cheat and not register in all states or not register all of their products? Absolutely not. While we understand the challenge of all these registration requirements, every pet food manufacturer should abide by all state and federal laws.

To make sure your pet food brand is abiding by regulation, any pet owner can contact/email their State Department of Agriculture and ask if the brand they purchase is registered with their state.

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
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