Notification of Rulemaking Activity
The Washington State Dept. of Agriculture (WSDA) has adopted amendments to chapter 16-250 WAC, Commercial Feed and chapter 16-252 WAC, Commercial Feed - Pet Food and Specialty Pet Food, by filing a CR-103 with the Office of the Code Reviser on June 6, 2025.
Overview of Rulemaking
The amendments to these chapters of rule include the following:
Chapter 16-250 WAC, Commercial Feed Rules:
- Adopting the 2025 version of the Association of American Feed Control Officials (AAFCO) Official Publication (OP), clarifying areas of the rule regarding livestock feed and including additional categories of product types that were previously absent;
- Adopting the January 1, 2025 version of regulations under the Food, Drug and Cosmetic Act and 21 U.S.C. 301;
- Adding a definition and clarification for bona fide experimental feed;
- Clarifying information about submitting tonnage reports, including using forms prescribed by the Department to submit the reports, establishing that reports without fees may be submitted electronically, and providing a link to where the forms can be found on the Department’s website; and
- Adding a section that establishes the process to request refunds and the timeframe that the Department will issue the refund once the request has been approved.
Chapter 16-252 WAC, Commercial Feed Rules-Pet Food and Specialty Pet Food:
- Adopting the 2025 version of the AAFCO OP, which includes language regarding Pet Food Label Modernization (PFLM) including but not limited to:
- The requirements and formatting of pet and specialty pet food labels to be more familiar to consumers by mirroring human food labels to increase quick and consistent consumer understanding and transparency of the label;
- Adding definitions for “Daily Food,” “Familial Household Unit,” “Food Mixer,” “Food Supplement,” “Pet Nutrition Facts,” “Specialty Pet Nutrition Facts,’ and “Veterinary Diet;” and
- Allowing for a discretionary enforcement period of 6 years +/- to implement the labeling changes required by the amended rule.
- Adopting the January 1, 2025 version of regulations under the Food, Drug and Cosmetic Act and 21 U.S.C. 301;
- Clarifying information about submitting tonnage reports, including using forms prescribed by the Department to submit the reports, establishing that reports without fees may be submitted electronically, and providing a link to where the forms can be found on the Department’s website; and
- Adding a section that establishes the process to request refunds and the timeframe that the Department will issue the refund once the request has been approved.
In addition to the rule amendments listed above, the Department also issued a policy statement regarding the allowance of enforcement discretion on the implementation of the PFLM requirements until June 30, 2030.
Documents Related to Rulemaking
The following documents related to this rule making are attached here.
CR-103 with adopted rule language
Policy Statement
Concise Explanatory Statement
Agency Personnel Responsible for Proposed Rule
Please contact Ashlee-Rose Ferguson to discuss implementation and enforcement of the amended rule.
By mail:
Ashlee-Rose Ferguson, Animal Feed Program Manager
Food Safety & Consumer Services Division
Washington State Dept. of Agriculture
PO Box 42560
Olympia, WA 98504-2560
By phone: (360) 902-1844
By email: animalfeed@agr.wa.gov
For more information regarding WSDA’s rule making activities, please contact:
Gloriann Robinson, WSDA Agency Rules Coordinator
wsdarulescomments@agr.wa.gov
PO Box 42560,
Olympia, WA 98504
(360) 902-1802
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