,i #aahth ,,congress #b;d ,session ,h4 ,r4 #gchj ,,in ,,the ,,house ,,of ,,representatives ,february #ae1 #bjbd,mr4 ,la,turner 7for himself1 ,mr4 ,cuellar1 ,mr4 ,womack1 ,ms4 ,davids of ,kansas1 and ,mr4 ,harder of ,california7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to clarify and update the authority of the ,food and ,drug ,administration to ensure national uniformity in the regulation of the marketing and labeling of companion animal pet food1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,pet ,food ,uniform ,regulatory ,reform ,act of #bjbd or the ,,purr ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,pet food regulation4,sec4 #d4 ,responsibilities4,sec4 #e4 ,regulations4 #b4 ,findings ,congress finds the following3 7#a7 ,the pet food industry is a growing sector in the ,united ,states4 ,pet food exports have increased by double digits over the last few years4 7#b7 ,united ,states pet food manufacturers contribute to the national economy by buying nearly #g1jjj1jjj1jjj worth of agricultural products from farmers1 ranchers1 and farm-product processors every year4 7#c7 ,pet ownership has consistently grown in the ,united ,states1 resulting in an increase in pet food sales and an accompanying increase in the interest by pet owners in how their companion animals' food is regulated and produced4 7#d7 ,historically1 pet food and livestock feed have been regulated under the same framework4 ,however1 as pet owners' relationships with their pets have changed1 so too has their understanding of pets' nutritional needs and preferences4 ,pet food is specifically formulated to ensure complete nutrition for the long and healthy lives of companion animals4 ,owning a companion animal provides profound mental1 social1 and physical health benefits for pet owners such as reduced blood pressure and stress levels1 and research indicates that companion animals can play a role in managing depression4 ,before the enactment of this ,act1 the regulatory framework that was originally created for livestock feed no longer met the needs of pets or their owners4 7#e7 ,before the enactment of this ,act1 the regulatory framework governing pet food manufacture and sale1 from ingredient approvals to labeling requirements1 was multifaceted and wildly inconsistent4 ,regulatory regimes varied by ,state1 were developed in part by a combination of nongovernmental entities and ,state government agencies1 and were overseen by the ,food and ,drug ,administration's ,center for ,veterinary ,medicine4 7#f7 ,creating a more streamlined ,federal regulatory process for new pet food ingredients allows for expedited advances for nutrition1 greater innovation1 and more functionality in a more predictable regulatory environment4 7#g7 ,replacing the patchwork of regulation of pet food with a uniform ,federal regulatory framework improves marketplace certainty1 allows for more consistent and predictable ingredient review and market introductions1 and enhances companion animal nutrition4 7#h7 ,the nationwide availability of nutritious1 safe1 and affordable pet food is substantially improved through a unified comprehensive ,federal system of oversight of the manufacture and sale of pet food4 7#i7 ,the manufacture of pet food and its marketing and sale is undertaken throughout the ,united ,states and its territories and is interstate commerce4 #c4 ,pet food regulation ,chapter ,,iv of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cda et seq47 is amended by adding at the end the following3 #dbe4 ,pet food 7a7 ,definitions ,in this section3 7#a7 ,the term companion animal means a domesticated canine or feline4 7#b7 ,the terms generally recognized as safe and ,,gras mean generally recognized as safe under section #bja7s74 7#c7 ,the term pet food means any food manufactured and distributed for consumption by companion animals1 including treats1 nutritional supplements1 and pet food ingredients4 7#d7 ,the term pet food ingredient means an ingredient intended for use in pet food4 7#e7 ,the term pet food ingredient submission means a submission to the ,food and ,drug ,administration for a pet food ingredient that is a petition under section #dji for any food additive1 a petition under section #gba for a color additive1 or a ,,gras ingredient notification under subpart ,e of part #egj of subchapter ,e of chapter ,i of title #ba1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,preemption ,no ,state or a political subdivision of a ,state may directly or indirectly establish1 maintain1 implement1 or enforce any authority or requirement relating to the marketing or labeling of pet food4 7c7 ,,gras ingredients 7#a7 ,ingredients deemed ,,gras ,ingredients that are intended for use in pet food1 and are not specifically authorized for such use by the ,food and ,drug ,administration as a food additive1 a color additive1 or otherwise as of the date of enactment of the ,,purr ,act of #bjbd1 are deemed to be ,,gras if-- 7,a7 such ingredients are identified as acceptable for use in pet food in chapter #f of the #bjbd edition of the ,,aafco ,official ,publication 7or any subsequent amendments thereto or editions thereof72 and 7,b7 there is no finding by the ,food and ,drug ,administration that such ingredients are not ,,gras4 7#b7 ,voluntary notification ,a pet food manufacturer is not required to notify the ,food and ,drug ,administration of ,,gras ingredients used in pet food1 but may voluntarily notify the ,food and ,drug ,administration of such ,,gras ingredients that have not previously been recognized by the ,food and ,drug ,administration as ,,gras for use in pet food4 7d7 ,timely review ,not later than #ij days after receipt of a pet food ingredient submission1 the ,secretary shall review such submission and issue an action letter that-- 7#a7 approves such submission or1 in the case of a ,,gras ingredient notification1 does not object to use2 or 7#b7 sets forth-- 7,a7 the specific deficiencies in such submission2 and 7,b7 where appropriate1 the actions necessary-- 7i7 for such submission to be approved2 or 7ii7 in the case of a ,,gras ingredient notification1 to resolve any concerns of the ,secretary4 7e7 ,ingredients sometimes present 7#a7 ,in general ,pet food shall not be treated as misbranded by reason of stating in the pet food ingredient list on the product label that an ingredient of a type described in paragraph 7#b7 is sometimes1 but not always1 present in the pet food4 7#b7 ,types of ingredients ,paragraph 7#a7 applies with respect to the following types of ingredients3 7,a7 ,fat or oil ingredients4 7,b7 ,flavor ingredients4 7,c7 ,grain ingredients 7including grain protein ingredients74 7#c7 ,language to be used ,for an ingredient in pet food to be labeled as sometimes present for purposes of paragraph 7#a71 such ingredient shall be identified by-- 7,a7 words such as or1 and_/or1 or contains one or more of the following32 or 7,b7 other words indicating that the ingredient may not be present4 7f7 ,order of ingredient listing 7#a7 ,in general ,pet food shall be treated as misbranded unless the ingredients required to be declared on the labeling of a pet food are listed by common or usual name in descending order of predominance by weight4 7#b7 ,exception ,if an ingredient in pet food is present in amounts of #b percent or less by weight1 then instead of identifying the ingredient in the order required by paragraph 7#a71 the ingredient may be placed at the end of the pet food ingredient list following an appropriate quantifying statement1 such as ,contains percent or less of or ,less than percent of 1 with the blank percentage filled in with a threshold level of #b percent1 or1 if desired1 #a4e percent1 #a4j percent1 or #j4e percent1 as applicable4 7g7 ,permissible marketing claims ,pet food shall not be treated as misbranded by reason of the following claims in labeling and promotional materials for pet food1 without premarket approval of such claims by the ,food and ,drug ,administration1 if truthful1 nonmisleading1 and adequately substantiated3 7#a7 ,claims regarding hairball control4 7#b7 ,claims regarding tartar control1 plaque removal1 and bad breath odor4 7#c7 ,claims regarding the ability of pet food to support general urinary tract health4 7#d7 ,human grade claims for finished pet food 7not for individual ingredients7 if made under the following circumstances3 7,a7 ,every ingredient in the pet food and the finished product is-- 7i7 stored1 handled1 processed1 and transported in accordance with-- 7,i7 section #aag of title #ba1 ,code of ,federal ,regulations 7or successor regulations72 and 7,,ii7 the laws applicable to food for human consumption1 including such laws relating to ingredients1 process1 or facility type2 and 7ii7 manufactured in accordance with section #ejg of title #ba1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,each facility that manufactures the finished pet food or an ingredient in the finished pet food is registered pursuant to section #dae as a human food facility4 7,c7 ,the human grade claims clearly indicate that the food is pet food1 such as by stating dog food or cat treats4 7#e7 ,natural claims if made under the following circumstances4 7,a7 ,subject to subparagraph 7,c71 the term natural refers to a food or ingredient derived solely from plant1 animal1 or mined sources-- 7i7 in its unprocessed state2 or 7ii7 having been subject to physical processing1 heat processing1 rendering1 purification1 extraction1 hydrolysis1 enzymolysis1 or fermentation1 but not having been produced by or subject to a chemically synthetic process and not containing any additives or processing aids that are chemically synthetic except in amounts as might occur unavoidably in good manufacturing practices4 7,b7 ,the term natural is only used to reference the product as a whole when all of the ingredients and components of ingredients meet the description in subparagraph 7,a74 7,c7 ,if the food or ingredient contains chemically synthesized vitamins1 minerals1 or other trace nutrients used as ingredients in pet food1 a disclaimer-- 7i7 identifies these ingredients2 7ii7 is juxtaposed with the term natural2 and 7iii7 appears with the largest or most prominent use of the term natural on each panel of the label on which the term appears1 in the same style and color print and at least one-half the size of the term natural4 7,d7 ,a disclaimer under subparagraph 7,c7 is not required when the term natural is used in reference to one ingredient and is not referring to the whole product4 7h7 ,guidance on certain topics 7#a7 ,in general ,the ,secretary shall issue guidance with respect to pet food addressing each of the following topics3 7,a7 ,methods for substantiating nutritional adequacy of pet foods4 7,b7 ,pet food metabolizable energy protocols4 7,c7 ,affidavits for pet food testing protocol completion4 7,d7 ,data to support a calorie content claim4 7,e7 ,analytical variations 7,avs74 7,f7 ,recommendations for use of menadione sodium bisulfite complex 7,,msbc7 in animal feed4 7#b7 ,initial guidance 7,a7 ,timing ,not later than #ah months after the date of enactment of the ,,purr ,act of #bjbd1 the ,secretary shall issue initial guidance under this subsection4 7,b7 ,basis ,the initial guidance under subparagraph 7,a7 shall be based on the guidance contained in the #bjbd edition of the ,,aafco ,official ,publication4 4 #d4 ,responsibilities ,title ,x of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cia et seq47 is amended by adding at the end the following3 #ajae4 ,responsibilities for pet food regulation 7a7 ,delegation of responsibility ,the ,secretary shall delegate to the ,director of the ,center for ,veterinary ,medicine responsibility for carrying out section #dbe and1 as appropriate1 other responsibilities and authorities of the ,food and ,drug ,administration with respect to pet food4 7b7 ,duties ,the responsibilities of the ,director of the ,center for ,veterinary ,medicine shall include-- 7#a7 conducting and coordinating science-based reviews of pet food ingredient submissions2 7#b7 submitting an annual report to the ,congress on performance metrics1 including performance on-- 7,a7 the review of submissions and issuance of action letters under section #dbe7;d72 7,b7 the issuance of initial guidance under section #dbe7;h7 and any subsequent revisions to such guidance2 and 7,c7 the proposal and finalization of initial regulations under section #e of the ,,purr ,act of #bjbd and any subsequent revisions to such regulations2 7#c7 educating pet owners1 veterinarians1 and the companion animal industry about pet food2 7#d7 communicating and educating consumers on the safety of pet food2 and 7#e7 carrying out research to support and improve policies and regulatory decisions regarding pet food4 7c7 ,definitions ,in this section1 the terms companion animal1 pet food1 and pet food ingredient submission have the meanings given to those terms in section #dbe4 4 #e4 ,regulations 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 shall-- 7#a7 not later than one year after the date of enactment of this ,act1 issue proposed regulations to implement the amendments made by this ,act2 and 7#b7 not later than two years after the date of enactment of this ,act1 finalize such regulations4 7b7 ,contents ,the initial regulations promulgated to implement the amendments made by this ,act shall include ,,pf #a through ,,pf #ab of the ,model ,regulations for ,pet ,food and ,specialty ,pet ,food ,under the ,model ,bill in chapter #d of the #bjbd edition of the ,,aafco ,official ,publication4