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.
   11  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.