Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1056
       
       
       
       
       
       
                                Ì724178CÎ724178                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2023           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (9) through (24) of section
    6  580.031, Florida Statutes, are redesignated as subsections (10)
    7  through (25), respectively, and a new subsection (9) is added to
    8  that section, to read:
    9         580.031 Definitions of words and terms.—As used in this
   10  chapter, the term:
   11         (9)“Dosage form animal product” means a feedstuff that
   12  includes any product intended to affect the structure or
   13  function of the animal’s body other than by providing nutrition
   14  to the animal.
   15         (a)The term includes oils, tinctures, capsules, tablets,
   16  liquids, and chewables.
   17         (b)The term does not include:
   18         1.Minerals or vitamins;
   19         2.Products represented as a primary meal for the intended
   20  animal species;
   21         3.Products intended as a treat;
   22         4.Dental products providing mechanical or abrasive action
   23  or both; or
   24         5.Drugs, biologics, parasiticides, medical devices, or
   25  diagnostics used to treat, or administered to, animals pursuant
   26  to:
   27         a.The United States Food and Drug Administration Federal
   28  Food, Drug, and Cosmetic Act, 21 U.S.C. ss. 301 et seq., as
   29  amended;
   30         b.The United States Department of Agriculture Federal
   31  Virus-Serum-Toxin Act, 21 U.S.C. ss. 151 et seq., as amended; or
   32         c.The United States Environmental Protection Agency
   33  Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
   34  ss. 136 et seq., as amended.
   35  
   36  Except as provided by law or rule, all terms used in connection
   37  with commercial feed or feedstuff have the meanings ascribed to
   38  them by the Association of American Feed Control Officials.
   39         Section 2. Subsection (1) of section 580.051, Florida
   40  Statutes, is amended to read:
   41         580.051 Labels; requirements; penalty.—
   42         (1) Any commercial feed or feedstuff distributed in this
   43  state, except a customer-formula feed and feed distributed
   44  through an integrated poultry operation or by a cooperative to
   45  its members, shall be accompanied by a legible label bearing all
   46  information required by the federal Food and Drug Administration
   47  and the following information:
   48         (a) An accurate statement of the net weight.
   49         (b) The name and principal address of the registrant.
   50         (c) The brand name and product name, if any, under which
   51  the commercial feed is distributed. The word “medicated” shall
   52  be incorporated as part of the brand or product name if the
   53  commercial feed contains a drug.
   54         1. The department may require feeding directions and
   55  precautionary statements to be placed on the label for the safe
   56  and effective use of medicated and other feed as deemed
   57  necessary.
   58         2. Labels on medicated feed shall include all of the
   59  following:
   60         a. Any feeding directions prescribed by the department to
   61  ensure safe usage.
   62         b. The stated purpose of the medication contained in the
   63  feed as stated in the claim statement.
   64         c. The established name of each active drug ingredient.
   65         d. The level of each drug used in the final mixture
   66  expressed in metric units as well as the required avoirdupois.
   67         (d) The date of manufacture or expiration date of
   68  commercial feed sold at retail as the department may by rule
   69  require.
   70         (e) The guaranteed analysis stated in terms that advise the
   71  consumer of the composition of the feed or feedstuff or support
   72  claims made in the labeling. In all cases, the elements or
   73  compounds listed in the analysis must be determinable by
   74  laboratory methods approved by the department. However, products
   75  sold solely as dosage form animal products and guaranteed as
   76  specified in this section need not show a guaranteed analysis.
   77         1. The guaranteed analysis, listing the minimum percentage
   78  of crude protein, minimum percentage of crude fat, and maximum
   79  percentage of crude fiber and, when more than 10 percent mineral
   80  ingredients are present, the minimum or maximum percentages of
   81  mineral elements or compounds as provided by rule.
   82         2. Vitamin ingredients, when guaranteed, shall be shown in
   83  amounts and terms provided by rule. For mineral feed, the list
   84  shall include the following: maximum or minimum percentages of
   85  calcium (Ca), phosphorus (P), salt (NaCl), iron (Fe), copper
   86  (Cu), cobalt (Co), magnesium (Mg), manganese (Mn), potassium
   87  (K), selenium (Se), zinc (Zn), and fluorine (F) if ingredients
   88  used as sources of any of these constituents are declared. All
   89  mixtures that contain mineral or vitamin ingredients generally
   90  regarded as dietary factors essential for the normal nutrition
   91  of animals and that are sold or represented for the primary
   92  purpose of supplying these minerals or vitamins as additions to
   93  rations in which these same mineral or vitamin factors may be
   94  deficient shall be classified as mineral or vitamin supplements.
   95  Products sold solely as mineral or vitamin supplements and
   96  guaranteed as specified in this section need not show guarantees
   97  for protein, fat, and fiber.
   98         3. Other nutritional substances or elements determinable by
   99  laboratory methods may be guaranteed by permission of, or shall
  100  be guaranteed at the request of, the department as may be
  101  provided by rule.
  102         (f) The common or usual name of each ingredient used in the
  103  manufacture of the commercial feed; however, for all commercial
  104  feed except horse feed, the department by rule may permit the
  105  use of collective terms for a group of ingredients which perform
  106  a similar nutritional function.
  107         (g)A label on a dosage form animal product must contain
  108  all of the following:
  109         1.An accurate statement of the net weight.
  110         2.The name and principal address of the registrant.
  111         3.The brand name and product name, if any, under which the
  112  dosage form animal product is distributed.
  113         4.The date of manufacture or expiration date of the dosage
  114  form animal product sold at retail as the department may by rule
  115  require.
  116         5.The amount of each active ingredient per serving.
  117         6.The common or usual name of each inactive ingredient
  118  contained in the dosage form animal product.
  119         7.A statement that identifies how the dosage form animal
  120  product supports the structure or function of the animal.
  121         8.Precautionary statements and warnings required to ensure
  122  the safe and effective use of the dosage form animal product.
  123         9.Recommended dosage by animal weight.
  124         10.The statement “Not for human consumption.”
  125         Section 3. This act shall take effect October 1, 2023.
  126  
  127  ================= T I T L E  A M E N D M E N T ================
  128  And the title is amended as follows:
  129         Delete everything before the enacting clause
  130  and insert:
  131                        A bill to be entitled                      
  132         An act relating to dosage form animal health products;
  133         amending s. 580.031, F.S.; defining the term “dosage
  134         formula animal product”; providing a definition;
  135         amending s. 580.051, F.S.; providing an exception from
  136         guaranteed analysis requirements for products sold
  137         solely as dosage form animal products; providing
  138         labeling requirements for dosage form animal products;
  139         providing an effective date.