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If you are thinking about starting an animal food business, you may have questions about what
regulatory requirements would apply to your business. In addition to the Food and Drug
Administration's (FDA's) requirements, your food business may have to comply with other
federal, state, and local requirements. Some requirements apply to all animal food businesses,
and some are specific to the type of animal food you are handling or making (for example,
whether you are making medicated feed or have to register with FDA as a food facility).
If you are planning to start an animal food business, there are several steps you need to take
before marketing your product in the United States, such as:
Complying with all FDA food safety regulations for the type of activities you are
conducting and the type of animal food you are marketing;
Ensuring any ingredients and additives are safe and suitable for their use, and have the
appropriate regulatory status or approvals needed to legally market the animal food;
Complying with labeling and marketing requirements; and
Complying with applicable state and local animal food regulatory requirements.
In addition to operating in the United States, some businesses may be interested in importing or
exporting animal food products.
The chart, below, gives you a snapshot of the requirements based on the three most common
animal food business scenarios: in-home businesses, on-farm businesses, and commercial
businesses. The chart is divided into three sections:
Requirements that apply to specific animal food business activities, such as importing or
exporting animal food or ingredients.
Each requirement is hyperlinked to its corresponding section on this page, so you can easily find
the information you need as you start your business. If you need more information, you can find
the FDA’s Center for Veterinary Medicine (CVM) email and phone contact information at the
bottom of the page.
Which requirements apply to my animal food business?
Requirements that Apply to All Food In-home On-Farm Other
Businesses Business Business Businesses/Industry
Qualified Facility Attestation If you are a very small business you must submit a qualified facility attestation to be
exempt from certain requirements of the Preventive Controls for Animal Food during
your initial food facility registration and subsequent biennial renewal.
Preventative Controls for Animal Requirements for manufacturing, processing, packing, and holding animal food
Food under current good manufacturing practice (CGMP) and a food safety plan for all
businesses that must register as a food facility.
Reportable Food Registry Requirements for when registered food facilities must notify FDA that a food
(including animal food) may cause serious adverse health consequences (e.g.,
illness, injury), or death to humans or animals.
Medicated Feed Mill Businesses and farms manufacturing, processing, packing, or holding medicated feed.
Licensing and CGMPs
Veterinary Feed Directives Veterinarians, clients (animal caretakers), manufacturers, and distributors authorizing,
manufacturing, distributing, or using medicated feed with a veterinary feed directive
(VFD) marketing status.
Low Acid Canned Food Businesses manufacturing shelf stable low-acid foods in hermetically sealed container,
Regulations such as pet food in a can or an airtight pouch.
Sanitary Transportation of Businesses involved in the transportation of animal food, such as shippers, receivers,
Animal Food loaders, and carriers who transport food in the United States by motor or rail vehicle.
Certain Activities with
Additional Requirements Activity applies to:
Bovine Spongiform Businesses that are handling animal food for ruminants, such as cows, sheep, and
Encephalopathy goats, or handling brain and spinal cord tissue from cattle 30 months of age or over
intended for food for any species.
Import/Export of Animal Businesses importing animal food into the United States or exporting animal food from
Food the United States.
If is not suitable for animal food, for example because it has gone bad (e.g., rotted);
If it is something that is not safe for animals to eat, for example because it has been labeled
“not for animal food use,” or because it contains an unsafe ingredient; and
You can find the full legal definition of adulterated food (https://uscode.house.gov/view.xhtml?
req=granuleid:USC-prelim-title21-section342&num=0&edition=prelim) in the U.S. Code (21
U.S.C. 342 codifies the adulteration provisions in section 402 of the FD&C Act) and information
about contaminants in animal food (/animal-veterinary/animal-food-feeds/biological-chemical-
and-physical-contaminants-animal-food) on the FDA website.
What is the difference between the FD&C Act and the United States Code
(U.S.C.)?
When Congress passes and the President signs a law, they publish it as an “Act.” The
Federal Food, Drug, and Cosmetic (FD&C) Act is the foundational law that establishes FDA
regulation of certain products and businesses. Congress makes changes to the law by
amending it. For example, the Food Safety Modernization Act (FSMA) amends the FD&C
Act by adding in new requirements.
The Office of the Law Revision Counsel compiles these Acts and amendments to the law,
organizing them by subject, into something called the United States Code (U.S.C.). The
U.S.C. contains only the current enacted law. As a result, you may see a reference to Section
402 of the FD&C Act, which is the section on food adulteration, or you might see a reference
21 U.S.C. 342, which is the same information as compiled into the U.S.C. FDA has a helpful
explanation about the FD&C Act and U.S.C. at: Federal Food, Drug, and Cosmetic Act
(FD&C Act) (/regulatory-information/laws-enforced-fda/federal-food-drug-and-cosmetic-
act-fdc-act).
In addition to federal regulations, the Official Publication of the Association of American Feed
Control Officials (AAFCO) contains a list of animal food ingredients and their definitions, a list
of approved animal food additives, and a list of ingredients that are considered GRAS for
specific uses. Many of the ingredients in the AAFCO Official Publication, however, are not
approved food additives and may not meet the criteria needed to be recognized as GRAS for
those uses. FDA accepts the list of ingredients in the Official Publication for their marketing and
sale in the U.S. if there are no safety concerns with the listed ingredients.
You can find more information about animal food ingredients and additives and how FDA
regulates them on the Ingredients and Additives webpage (/animal-veterinary/animal-food-
feeds/ingredients-additives).
A statement of identity (the name of the food) and, when needed, what the product is used
for;
An ingredient statement listing ingredients by their common or usual name, in descending
order of predominance by weight, meaning that the ingredient that weighs the most is
listed first and the ingredient that weighs the least is listed last;
The name and address of manufacturer, packer, or distributor;
A net quantity statement, which provides the amount of food in the container or package.
It must be expressed in weight, measure, or numeric count. Generally, if the food is solid,
semisolid or viscous, it should be expressed in terms of weight (pounds and ounces). If the
food is a liquid, it should be expressed in fluid measure (e.g., fl oz);
The label must be in English. If the label is in a foreign language, it must include an
English translation; and
Warning and/or caution statements, when applicable.
Labeling must also comply with the Federal Food, Drug, and Cosmetic Act's misbranding
provisions (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-
section343&num=0&edition=prelim). In general, a product is misbranded if it does not have
required information on the labeling or if it is false or misleading. A label is false or misleading
if it contains information that is not true or could confuse consumers, such as implying that an
animal food has more of a beneficial ingredient than what is actually included in the animal
food.
You can find more information about animal food regulation (/animal-veterinary/animal-food-
feeds/product-regulation) (including pet food (/animal-veterinary/animal-health-literacy/fdas-
regulation-pet-food)), marketing (/animal-veterinary/animal-health-literacy/information-
marketing-pet-food-product), and labeling on FDA’s website.
State Regulations
In addition to meeting federal requirements, your animal food business may also have to follow
certain state regulatory requirements. The AAFCO webpage (https://www.aafco.org/)
(http://www.fda.gov/about-fda/website-policies/website-disclaimer) has detailed information
about your state’s regulatory requirements (https://www.aafco.org/regulatory)
(http://www.fda.gov/about-fda/website-policies/website-disclaimer) for animal food. You can
find other useful resources for animal food businesses on their Industry webpage
(https://www.aafco.org/Industry) (http://www.fda.gov/about-fda/website-policies/website-
disclaimer). Additional information about starting a pet food business and state requirements
can be found on AAFCO’s The Business of Pet Food (https://petfood.aafco.org/)
(http://www.fda.gov/about-fda/website-policies/website-disclaimer) site.
Animal Food Facility Registration and Qualified Facility Attestation Frequently Asked
Questions (/animal-veterinary/animal-food-feeds/animal-food-facility-registration-and-
qualified-facility-attestation-frequently-asked-questions)
Guidance for Industry: Questions and Answers Regarding Food Facility Registration
(Seventh Edition) (/regulatory-information/search-fda-guidance-documents/guidance-
industry-questions-and-answers-regarding-food-facility-registration-seventh-edition)
CVM’s website has more information about how to determine whether your business is a
qualified facility (/regulatory-information/search-fda-guidance-documents/guidance-industry-
determination-status-qualified-facility), current inflation adjusted cut offs for qualified facilities
(/food/food-safety-modernization-act-fsma/fsma-inflation-adjusted-cut-offs), and answers to
frequently asked questions (/animal-veterinary/animal-food-feeds/animal-food-facility-
registration-and-qualified-facility-attestation-frequently-asked-questions).
CVM’s website has more information about how to determine whether your business is a
qualified facility (/regulatory-information/search-fda-guidance-documents/guidance-
industry-determination-status-qualified-facility), current inflation adjusted cut offs for
qualified facilities (/food/food-safety-modernization-act-fsma/fsma-inflation-adjusted-
cut-offs), and answers to frequently asked questions (/animal-veterinary/animal-food-
feeds/animal-food-facility-registration-and-qualified-facility-attestation-frequently-
asked-questions).
Food Facilities with Both Human and Animal Food
Some human food facilities also manufacture, process, package, or hold animal food. For
example, some ingredient manufacturers make ingredients, such as salt, used in human
and animal food. Some human food manufacturers send human food by-products, such as
vegetable peels, or human food that does not meet their quality standards, such as bakery
products, to facilities that make animal food. Some facilities may hold human and animal
food, such as warehouses that hold prepackaged human food and pet food. If you are a
human food facility that also handles animal food you must follow the PCAF regulation;
however, the requirements you have to follow will vary depending on the animal food
activities you are performing.
For example, when implementing CGMPs, your facility may follow either the
requirements in part 117, subpart B, or the requirements in part 507, subpart B for
the animal food at your facility.
Likewise, if your facility is required to follow the hazard analysis and risk-based
preventive controls requirements, you may choose to follow the requirements in part
117, subparts C and G, or part 507, subparts C and E. Regardless of the option you
choose, in your food safety plan and hazard analysis you must consider any hazards
that are associated with the animal food (e.g., you would not have to consider
allergens for your animal food, but you would need to consider nutrient toxicities
and deficiencies). If you want, you may choose to have two separate food safety
plans, one for animal and one for human food, or one food safety plan that covers
both types of food.
For more detailed information, see section VI of CVM’s draft Guidance for Industry
#239: Human Food By-Products for Use as Animal Food (/media/97467/download).
If you are an animal food business that manufactures or processes medicated feeds, you may
need an FDA-approved medicated feed mill license and drug establishment registration if you
make the following types of feed (https://www.ecfr.gov/current/title-21/chapter-I/subchapter-
E/part-558):
medicated feed using Category II, Type A medicated articles (21 CFR 558.4(a)
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-E/part-558/subpart-
A/section-558.4#p-558.4(a)));
all free-choice medicated feeds that contain a Category II drug (21 CFR 510.455(f)
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-E/part-510/subpart-
E/section-510.455#p-510.455(f)));
free-choice medicated feeds that contain a Category I drug and use a proprietary formula
and/or specifications (21 CFR 510.455(f) (https://www.ecfr.gov/current/title-21/chapter-
I/subchapter-E/part-510/subpart-E/section-510.455#p-510.455(f)));
all liquid medicated feeds that contain a Category II drug (21 CFR 558.5(g)(1)
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-E/part-558/subpart-
A/section-558.5#p-558.5(g))); and
liquid medicated feeds that contain a Category I drug and use a proprietary formula
and/or specifications (21 CFR 558.5(g)(2) (https://www.ecfr.gov/current/title-
21/chapter-I/subchapter-E/part-558/subpart-A/section-558.5#p-558.5(g))).
Whether or not you are required to have a feed mill license and drug establishment registration
determines what Medicated Feed Mill Current Good Manufacturing Practice
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-C/part-225) requirements in 21
CFR part 225 apply at your facility.
To view the current VFD Distributor Notification List, which lists the names and addresses of
businesses that distribute VFD medicated feeds, visit the Medicated Feeds section of the Animal
Drugs @ FDA (https://animaldrugsatfda.fda.gov/adafda/views/#/search) home page. You can
view the list as a PDF or as an Excel spreadsheet. You can sort the Excel spreadsheet by
distributor name or state. FDA updates the lists when new notifications are processed.
In addition to the notification, you must also follow the VFD requirements. These requirements
cover authorizations from veterinarians to use VFD feed, manufacturers and distributors who
manufacture and distribute VFD feed, and clients or animal producers who use VFD feed. The
regulation includes general requirements in 21 CFR 558.6(a) that apply to all three roles, as well
as more specific requirements for authorizing veterinarians in 21 CFR 558.6(b) and for VFD
distributors in 21 CFR 558.6(c). You can find more information about these requirements on
CVM’s webpage:
Veterinary Feed Directive Requirements for Distributors (Who Manufacture VFD Feed)
(/animal-veterinary/development-approval-process/veterinary-feed-directive-
requirements-distributors-who-manufacture-vfd-feed)
Veterinary Feed Directive Requirements for Distributors (Who Do Not Manufacture VFD
Feed) (/animal-veterinary/development-approval-process/veterinary-feed-directive-
requirements-distributors-who-do-not-manufacture-vfd-feed)
Guidance for Industry #120 Veterinary Feed Directive Regulation Questions and Answers
(/regulatory-information/search-fda-guidance-documents/cvm-gfi-120-veterinary-feed-
directive-regulation-questions-and-answers)
Prohibited materials include, but are not limited to, ruminant (e.g., cattle, sheep, and goat) meat
and bone meal, organs, and offal. The most common prohibited material found in animal food is
meat and bone meal that comes from cattle. You can find more information about prohibited
materials on CVM’s Bovine Spongiform Encephalopathy (BSE) webpage (/animal-
veterinary/compliance-enforcement/bovine-spongiform-encephalopathy).
Prohibited materials are commonly handled at businesses such as renderers, protein blenders,
commercial animal feed manufacturers, distributors (including retailers), transporters of animal
feed and animal food ingredients, and on-farm animal feed mixers. Although ruminant feeders
are unlikely to handle prohibited materials, it is important they are aware of the requirements
and know what to avoid. The regulations (21 CFR 589.2000) define several of these business
types.
There are two FDA regulations that focus on preventing the spread of BSE through animal food.
The “Animal Proteins Prohibited from Use in Animal Feeds” regulation in 21 CFR 589.2000
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-E/part-589/subpart-B/section-
589.2000) was created to prevent BSE from spreading through animal food. This regulation
prohibits using certain tissues from mammals in animal food for ruminants (e.g., cattle, sheep,
goats). You can find more information about this regulation on CVM’s ruminant feed
inspections (/animal-veterinary/bovine-spongiform-encephalopathy/ruminant-feed-
inspections) webpage.
Imported animal food, including medicated feed products, must meet the requirements of The
Public Health Security and Bioterrorism Preparedness and Response Act of 2002
(https://www.cbp.gov/trade/priority-issues/import-safety/bioterrorism) (the Bioterrorism
Act). This law requires animal food producing facilities to register with FDA and to file "prior
notice" for each shipment of imported food before it arrives at a U.S. port of entry. The FDA
website has more detailed information about facility registration (/food/guidance-regulation-
food-and-dietary-supplements/registration-food-facilities-and-other-submissions) and prior
notice (/food/importing-food-products-united-states/prior-notice-imported-foods)
requirements.
If you have questions, or you need help with registering your facility or with filing prior notice,
please contact the FDA’s Industry Systems Help Desk experts Monday to Friday from 7:30 am
to 11:00 pm EST
By phone: 1-800-216-7331
By email: furls@fda.gov (mailto:furls@fda.gov)
In addition to FDA requirements, you may need to satisfy U.S. Customs and Border Protection
(CBP) requirements. You can find CBP’s requirements on the U.S. Customs and Border
Protection website (https://www.cbp.gov/trade/basic-import-export).
FDA can examine shipments of regulated products whenever they are offered for entry at a U.S.
Port of Entry (https://www.cbp.gov/contact/ports). FDA will detain products that violate FDA
law and regulations. Products that cannot be brought into compliance with the law will be
refused. Refused products must be exported or destroyed under CBP supervision. Even if FDA
did not examine a regulated product at the time of entry, the product must still comply with U.S.
laws and regulations when it is in the U.S.
The following FDA webpages have more detailed information about importing products into the
U.S.:
The Foreign Supplier Verification Program (FSVP) regulation in 21 CFR part 1, subpart L
(https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-1/subpart-L), applies to
U.S. importers of human and animal food. Under the FSVP, an importer is the U.S. owner or
consignee of a food offered for import into the United States. If there is no U.S. owner or
consignee, the importer is the U.S. agent or representative of the food’s foreign owner or
consignee (https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-1/subpart-
L/section-1.500) at the time of entry, as confirmed in a signed statement of intent. You can find
more information about whether the FSVP regulation applies to you on the Am I Subject to
FSVP? (/media/94281/download) fact sheet.
Importers of animal food must have an FSVP in place. The FSVP requires importers to verify
that the processes and procedures their foreign suppliers are using to make animal food give the
same level of public health protection that the PCAF regulation does and ensures that the
supplier’s animal food is not adulterated. Importers must:
Determine whether there are known or reasonably foreseeable hazards associated with
each animal food;
Evaluate the risk posed by an animal food, based on the hazard analysis, and the foreign
supplier’s performance;
Use that evaluation of the risk posed by the imported animal food and the supplier’s
performance to approve suppliers and determine appropriate supplier verification
activities;
Conduct supplier verification activities; and
Conduct correction actions.
You can find more information about the FSVP rule, including information on compliance dates,
on the FDA FSMA Final Rule on Foreign Supplier Verification Programs (FSVP) for Importers
of Food for Humans and Animals webpage (/food/food-safety-modernization-act-fsma/fsma-
final-rule-foreign-supplier-verification-programs-fsvp-importers-food-humans-and-animals).
Resources
How to Start a Food Business (/food/food-industry/how-start-food-business)