Florida Senate - 2023 CS for SB 1056
By the Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Gruters
601-03982-23 20231056c1
1 A bill to be entitled
2 An act relating to dosage form animal health products;
3 amending s. 580.031, F.S.; defining the term “dosage
4 formula animal product”; providing a definition;
5 amending s. 580.051, F.S.; providing an exception from
6 guaranteed analysis requirements for products sold
7 solely as dosage form animal products; providing
8 labeling requirements for dosage form animal products;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Present subsections (9) through (24) of section
14 580.031, Florida Statutes, are redesignated as subsections (10)
15 through (25), respectively, and a new subsection (9) is added to
16 that section, to read:
17 580.031 Definitions of words and terms.—As used in this
18 chapter, the term:
19 (9) “Dosage form animal product” means a feedstuff that
20 includes any product intended to affect the structure or
21 function of the animal’s body other than by providing nutrition
22 to the animal.
23 (a) The term includes oils, tinctures, capsules, tablets,
24 liquids, and chewables.
25 (b) The term does not include:
26 1. Minerals or vitamins;
27 2. Products represented as a primary meal for the intended
28 animal species;
29 3. Products intended as a treat;
30 4. Dental products providing mechanical or abrasive action
31 or both; or
32 5. Drugs, biologics, parasiticides, medical devices, or
33 diagnostics used to treat, or administered to, animals pursuant
34 to:
35 a. The United States Food and Drug Administration Federal
36 Food, Drug, and Cosmetic Act, 21 U.S.C. ss. 301 et seq., as
37 amended;
38 b. The United States Department of Agriculture Federal
39 Virus-Serum-Toxin Act, 21 U.S.C. ss. 151 et seq., as amended; or
40 c. The United States Environmental Protection Agency
41 Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
42 ss. 136 et seq., as amended.
43
44 Except as provided by law or rule, all terms used in connection
45 with commercial feed or feedstuff have the meanings ascribed to
46 them by the Association of American Feed Control Officials.
47 Section 2. Subsection (1) of section 580.051, Florida
48 Statutes, is amended to read:
49 580.051 Labels; requirements; penalty.—
50 (1) Any commercial feed or feedstuff distributed in this
51 state, except a customer-formula feed and feed distributed
52 through an integrated poultry operation or by a cooperative to
53 its members, shall be accompanied by a legible label bearing all
54 information required by the federal Food and Drug Administration
55 and the following information:
56 (a) An accurate statement of the net weight.
57 (b) The name and principal address of the registrant.
58 (c) The brand name and product name, if any, under which
59 the commercial feed is distributed. The word “medicated” shall
60 be incorporated as part of the brand or product name if the
61 commercial feed contains a drug.
62 1. The department may require feeding directions and
63 precautionary statements to be placed on the label for the safe
64 and effective use of medicated and other feed as deemed
65 necessary.
66 2. Labels on medicated feed shall include all of the
67 following:
68 a. Any feeding directions prescribed by the department to
69 ensure safe usage.
70 b. The stated purpose of the medication contained in the
71 feed as stated in the claim statement.
72 c. The established name of each active drug ingredient.
73 d. The level of each drug used in the final mixture
74 expressed in metric units as well as the required avoirdupois.
75 (d) The date of manufacture or expiration date of
76 commercial feed sold at retail as the department may by rule
77 require.
78 (e) The guaranteed analysis stated in terms that advise the
79 consumer of the composition of the feed or feedstuff or support
80 claims made in the labeling. In all cases, the elements or
81 compounds listed in the analysis must be determinable by
82 laboratory methods approved by the department. However, products
83 sold solely as dosage form animal products and guaranteed as
84 specified in this section need not show a guaranteed analysis.
85 1. The guaranteed analysis, listing the minimum percentage
86 of crude protein, minimum percentage of crude fat, and maximum
87 percentage of crude fiber and, when more than 10 percent mineral
88 ingredients are present, the minimum or maximum percentages of
89 mineral elements or compounds as provided by rule.
90 2. Vitamin ingredients, when guaranteed, shall be shown in
91 amounts and terms provided by rule. For mineral feed, the list
92 shall include the following: maximum or minimum percentages of
93 calcium (Ca), phosphorus (P), salt (NaCl), iron (Fe), copper
94 (Cu), cobalt (Co), magnesium (Mg), manganese (Mn), potassium
95 (K), selenium (Se), zinc (Zn), and fluorine (F) if ingredients
96 used as sources of any of these constituents are declared. All
97 mixtures that contain mineral or vitamin ingredients generally
98 regarded as dietary factors essential for the normal nutrition
99 of animals and that are sold or represented for the primary
100 purpose of supplying these minerals or vitamins as additions to
101 rations in which these same mineral or vitamin factors may be
102 deficient shall be classified as mineral or vitamin supplements.
103 Products sold solely as mineral or vitamin supplements and
104 guaranteed as specified in this section need not show guarantees
105 for protein, fat, and fiber.
106 3. Other nutritional substances or elements determinable by
107 laboratory methods may be guaranteed by permission of, or shall
108 be guaranteed at the request of, the department as may be
109 provided by rule.
110 (f) The common or usual name of each ingredient used in the
111 manufacture of the commercial feed; however, for all commercial
112 feed except horse feed, the department by rule may permit the
113 use of collective terms for a group of ingredients which perform
114 a similar nutritional function.
115 (g) A label on a dosage form animal product must contain
116 all of the following:
117 1. An accurate statement of the net weight.
118 2. The name and principal address of the registrant.
119 3. The brand name and product name, if any, under which the
120 dosage form animal product is distributed.
121 4. The date of manufacture or expiration date of the dosage
122 form animal product sold at retail as the department may by rule
123 require.
124 5. The amount of each active ingredient per serving.
125 6. The common or usual name of each inactive ingredient
126 contained in the dosage form animal product.
127 7. A statement that identifies how the dosage form animal
128 product supports the structure or function of the animal.
129 8. Precautionary statements and warnings required to ensure
130 the safe and effective use of the dosage form animal product.
131 9. Recommended dosage by animal weight.
132 10. The statement “Not for human consumption.”
133 Section 3. This act shall take effect October 1, 2023.