TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Proposed Regulation

Title of Regulation: 2VAC5-360. Regulations for the Enforcement of the Virginia Commercial Feed Act (amending 2VAC5-360-10, 2VAC5-360-50; adding 2VAC5-360-55).

Statutory Authority: § 3.2-4801 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 4, 2026.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, fax (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia authorizes the Board of Agriculture and Consumer Services to adopt regulations in accordance with the provisions of Title 3.2 of the Code of Virginia. Section 3.2-4801 of the Code of Virginia authorizes the board to adopt regulations for commercial feeds necessary to carry out the provisions of the Virginia Commercial Feed Act (§ 3.2-4800 et seq. of the Code of Virginia).

Purpose: The proposed amendments create greater clarity for consumers by requiring pet food and specialty pet food to be labeled similarly to products consumed by humans, thereby eliminating potential confusion and supporting consumer welfare.

Substance: The proposed amendments require manufacturers of pet food and specialty pet food products distributed in the Commonwealth to list the dietary fiber content of the product on its label instead of the crude fiber content. Crude fiber is a basic measure of fiber content, while dietary fiber provides a more comprehensive understanding of the various types of fiber and their potential health effects. Crude fiber guarantees in feed are used to compare digestibility, whereas dietary fiber encompasses both crude fiber and other nondigestible carbohydrates, such as pectins, gums, and oligosaccharides. The requirement for dietary fiber to be listed on animal feed labels is limited to pet and specialty pet food and does not impact labeling requirements for other categories of commercial feed, which will continue to be required to bear a label that states the maximum percentage of the feed's crude fiber content. The proposed amendments also provide for a transition period for regulated entities to comply with the new requirements.

Issues: The primary advantage of this action to the public is that it requires labeling for pet foods that more closely aligns with labels for products that are marketed for human consumption and are more easily understood by customers. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Virginia Department of Agriculture and Consumer Services (VDACS) proposes to replace the labeling requirement for maximum percentage of crude fiber content in pet and specialty pet food products with a maximum percentage of dietary fiber content.

Background. This regulation establishes labeling requirements for commercial animal feed. One of the requirements is to disclose the maximum percentage of crude fiber content in the product label. Crude fiber is a basic measure of fiber content, while dietary fiber provides a more comprehensive understanding of the various types of fiber and their potential health effects. Crude fiber guarantees in feed are used to compare digestibility. Dietary fiber encompasses both crude fiber and other non-digestible carbohydrates like pectins, gums, and oligosaccharides. In essence, dietary fiber content is the relevant measurement for nutrition. According to VDACS, the animal feed industry (manufacturers and distributors) has been in transition to make pet food labels more comparable to labeling requirements for products marketed for human consumption and to make them more easily understood by customers. As part of the transition, the Association of American Feed Control Officials (AAFCO) modified its official publication and its model regulations for pet food in August of 2023 to allow for a variety of feed statement changes including labels to state product dietary fiber content rather than its crude fiber content. Additionally, VDACS states that the National Association of State Departments of Agriculture agreed to work with the industry to ensure a smooth transition in support of the labeling overhaul efforts. Moreover, Section 100 of the Regulations for the Enforcement of the Virginia Commercial Feed Act provides that VDACS shall follow the definitions, standards, and recommendations of AAFCO in the administration of the Commercial Feed Act. Consequently, VDACS proposes to require that pet food product labels state the maximum dietary fiber content rather than crude fiber content no later than January 1, 2030.

Estimated Benefits and Costs. According to VDACS, the transition away from disclosure of crude fiber content toward dietary fiber content in pet food labels has been spearheaded by the industry so that pet food labels are more closely aligned with nutritional product information for human consumption. VDACS states that pet food manufacturers already voluntarily analyze their products to determine the dietary fiber content. Thus, VDACS does not believe that the proposal would increase compliance costs for the industry. In fact, some manufacturers may wish to no longer analyze their pet food for crude fiber content and realize some savings. Additionally, VDACS estimates that 13 to 18 states have already adopted the disclosure of dietary fiber content in their pet food labeling standards and others are in the process of adopting the same. Thus, the proposal is expected to provide consistency with standards across states and facilitate the flow of pet food products in and out of the Commonwealth without having to comply with different labeling requirements, thereby avoiding costs associated with having to analyze crude fiber content.

Businesses and Other Entities Affected. VDACS estimates that there are approximately 700 pet and specialty pet food manufacturers or guarantors that distribute pet food products in Virginia; and of that total approximately 200 are small businesses. No regulant appears to be disproportionally affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal is not anticipated to increase the compliance costs in the pet food industry. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed amendments do not appear to adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed change does not create costs for local governments, nor does it disproportionately affect any locality.

Projected Impact on Employment. To the extent some manufacturers may wish to no longer analyze their pet food for crude fiber content, their demand for labor may be reduced.

Effects on the Use and Value of Private Property. Similarly, to the extent some manufacturers may wish to no longer analyze their pet food for crude fiber content, the proposal may reduce their compliance costs which should have a positive impact on their asset values. No impact on real estate development costs is expected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board of Agriculture and Consumer Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments replace the crude fiber requirement for pet and specialty pet food product labels with a required maximum guarantee of dietary fiber content, which reflects the Association of American Feed Control Officials (AAFCO) August 2023 modification of its Model Regulations for Pet Food and Specialty to allow for a variety of formatting and feed statement changes. The proposed action also includes technical changes.

2VAC5-360-10. Definitions.

A. Words used in the singular form in this chapter shall include the plural, and vice versa, as appropriate.

B. All terms used in this chapter shall have the meaning set forth for such in the Act. In addition, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

"Act" means Chapter 48 (§ 3.2-4800 et seq.) of Title 3.2 of the Code of Virginia, hereinafter known as the Virginia Commercial Feed Act.

"Animal" means any animate being which that is not human.

"Adulteration" means a commercial feed is adulterated if:

1. Enough of any harmful or non-nutritive ingredient has been added to endanger animal health when used according to labeling directions.

2. Any part of an essential component has been omitted, removed, or replaced with an inferior substance.

3. The composition or quality of the feed fails to conform to its representation in the labeling.

4. It was prepared or held under unsanitary conditions.

5. It contains any filthy, putrid, decomposed, tainted, unsound, or unwholesome substance.

6. Its container is composed of any substance which that may cause the feed to endanger animal health.

"Board" means the Virginia Board of Agriculture and Consumer Services.

"Brand" means the term, design, or trademark and other specific designation under which an individual commercial feed is distributed in Virginia.

"Canned animal food" means all materials packed in any airtight container with a moisture content of 70% or more which that are distributed for use as food for animals other than humans.

"Commercial feed" means all mixed or unmixed feed, including concentrates, supplements, molasses, minerals, mineral mixtures, and all other materials used for their nutritional or physical properties for feeding to animals except those materials exempted by the Act.

"Commissioner" means the Virginia Commissioner of Agriculture and Consumer Services or his the commissioner's delegated assistant or agent.

"Distribute" means to offer or expose for sale, sell, warehouse, exchange, barter, furnish, or otherwise supply.

"Distributor" means a person who distributes commercial feeds.

"Feed ingredient" means each of the constituent materials making up a commercial feed.

"Inert mineral matter" means mineral matter that has no nutritional value.

"Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed. The invoice or delivery slip with which a commercial feed is distributed in bulk is the label.

"Labeling" means any written, printed, graphic, electronic, or advertising information pertaining to the commercial feed which that is:

1. On the commercial feed or any of its containers,

2. On the invoice or delivery slip,

3. Accompanying the commercial feed at any time, or

4. Otherwise provided to the consumer.

"Medicated feed" means a product obtained by mixing a drug, as defined in § 3.2-4800 of the Code of Virginia, and a commercial feed. It is subject to all provisions of the Virginia Commercial Feed Act.

"Misbranding" means a commercial feed is misbranded if:

1. The label does not include:

a. The name and principal address of the manufacturer, distributor, or person responsible for placing the commercial feed on the market.

b. The name, brand or trademark under which the commercial feed is sold.

c. An accurate quantity statement of the contents.

d. An accurate statement of the minimum percentage of crude protein.

e. An accurate statement of the minimum percentage of crude fat.

f. An accurate statement of the maximum percentage of crude fiber.

g. An accurate statement of the maximum percentage of moisture for all dog and cat foods.

h. The English name of each ingredient or conform to the requirements of 2VAC5-360-40.

i. Adequate warnings against use under normal or pathological conditions where its use may endanger animal health, or against unsafe use or application as necessary for the protection of animals.

2. Labeling is false or misleading in any particular.

3. It is distributed under the name of another commercial feed.

4. Its container is so made, formed or filled as to be deceptive or misleading as to the amount of contents.

5. Its labeling bears any reference to registration or license under the Act.

6. It is represented as containing a feed ingredient, unless such feed ingredient conforms to the definition prescribed by regulation of the board.

7. Any word, statement or other information required by the Act is not prominently placed upon the label so conspicuously (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to make it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

"Official sample" means any sample of feed taken by the commissioner and designated as "Official" by the commissioner.

"Person" means an individual, partnership, association, corporation, firm, agent, or authorized group of individuals, whether incorporated or not.

"Prohibited noxious-weed seeds" means the seeds of perennial weeds which that not only reproduce by seed but which also spread by underground roots and stems; and which that, when established, are highly destructive and are not controlled in the Commonwealth by commonly used cultural practices. These include but are not limited to the seeds of Balloonvine-Cardiospermum halicacabum, Field bindweed-Convolulus arvensis, Quackgrass-Agropyron repends, Canada thistle-Cirsium arvense, Johnson grass-Sorghum spp., perennial, Plumeless thistle, which includes Musk thistle and Curled thistle Carduus spp., Serrated tussock-Nassella trichotoma, and Sicklepod-Senna obtusifolia.

"Restricted noxious-weed seeds" means the seeds of weeds which that are very objectionable in fields, lawns, and gardens in this the Commonwealth and are difficult to control by commonly used cultural practices. These include but are not limited to seeds of Dodder Cuscuta spp., Bermudagrass Cynodon dactylon, Wild onion bulblets, Wild garlic bulblets Allium spp., Wild mustardBrassica spp., Giant foxtail-Setaia faberia, radish-Raphanus, and Annual bluegrass-Poa annua.

"Sell" means sales, barter, or exchange.

"Ton" means a net weight of 2,000 pounds, avoirdupois.

2VAC5-360-50. Labeling.

A. The information required in § 3.2-4806 of the Code of Virginia, with the exception of the quantity statement, shall appear in its entirety on one side of a label or on one side of the container. However, in case a tag is used, the directions for use and warnings against misuse may appear on the other side of the tag.

B. When ingredients are listed, the names of all feed ingredients shall be shown in letters or type of the same size.

C. When feeds carry label information in more than one position on the container, there shall be no variance with respect to name, ingredients, or guaranteed composition.

D. The term "degermed" must precede the name of any product from which the germ has been wholly or partially removed.

E. All printed or written information attached to or packed with feed must conform in all respects to the information printed on the principal label.

F. Labeling which that implies that added enzyme-bearing materials improve the utilization of a product is prohibited unless the claims are substantiated by scientific evidence.

G. The term "Bond Phosphate of Lime," "Bone Phosphate of Lime (BPL)," or "BPL" shall not be used in connection with the labeling of feed ingredients.

H. The label of a commercial feed, other than an individual ingredient or supplement with directions for further mixing, shall designate the species and may designate the animal class for which the feed is intended. For the purpose of this subsection, animal class may include, but is not limited to, weight range, sex, or age of the animal for which the feed is manufactured.

I. A commercial feed shall bear a label that, in addition to the information required in § 3.2-4806 of the Act, includes:

1. An accurate statement of the minimum percentage of crude protein.

2. An accurate statement of the minimum percentage of crude fat.

3. An accurate statement of the maximum percentage of crude fiber, if the commercial feed is not a pet food or a specialty pet food.

4. An accurate statement of the maximum percentage of dietary fiber, if the commercial feed is a pet food or a specialty pet food.

5. An accurate statement of the maximum percentage of moisture, if the commercial feed is a dog food or a cat food.

6. Adequate warnings against use under normal or pathological conditions where use of the feed may endanger animal health or against unsafe use or application as necessary for the protection of animals.

2VAC5-360-55. Misbranding.