WAC 16-252-095   Drug and feed additive requirements.  (1) Before the department approves a registration application and/or a label for pet food or specialty pet food that contains additives (including drugs, other special purpose additives, or nonnutritive additives), the distributor may be required to submit, to the department, satisfactory evidence proving the safety and effectiveness of the pet food or specialty pet food when used according to the directions on the label.

     (2) Satisfactory evidence of the safety and effectiveness of a pet food or specialty pet food that contains additives (including drugs, other special purpose additives, or nonnutritive additives) is established if one or more of the following apply:

     (a) When the use of a pet food or specialty pet food containing such additives either:

     (i) Conforms to the requirements of the applicable regulation in 21 CFR; or

     (ii) Are "prior sanctioned"; or

     (iii) Are "informal review sanctioned"; or

     (iv) "Generally recognized as safe" (GRAS) for such use.

     (b) When the pet food or specialty pet food is itself a drug, and is:

     (i) Generally recognized as safe (GRAS) and effective for the labeled use; or

     (ii) Marketed subject to an application approved by the Food and Drug Administration under 21 U.S.C. 360b as amended effective on the date these rules were adopted.

     (c) When one purpose for feeding a pet food or specialty pet food is to immunize through some immunological process and the immunizing drugs or additives have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended in 1985 (21 U.S.C. 151 et seq.).

     (d) When the pet food or specialty pet food is a directly fed microbial product and the:

     (i) Product meets the particular fermentation product definition as listed in the Association of American Feed Control Officials official publication; and

     (ii) Required microbial content statement on the label is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms"; and

     (iii) Source is stated with a corresponding guarantee expressed according to WAC 16-252-076 requirements.

     (e) When the pet food or specialty pet food is an enzyme product and the:

     (i) Product meets the particular enzyme definition listed in the Association of American Feed Control Officials official publication; and

     (ii) Enzyme is stated with a corresponding guarantee expressed according to WAC 16-252-076 requirements.



[Statutory Authority: Chapters 15.53 and 34.05 RCW. 05-18-093, § 16-252-095, filed 9/7/05, effective 10/8/05; 03-23-129, § 16-252-095, filed 11/19/03, effective 7/1/04.]