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Selling pet food and treats in the US

In the US, the FDA regulates pet food much as it regulates other animal food. Under the FD&C Act it must be safe to eat, produced under sanitary conditions, contain no harmful substances and be truthfully labelled. Labels follow 21 CFR 501, facilities follow the animal food preventive controls rule, and many states enforce their own labelling rules.

Updated · Each section links to the official source it comes from

Regulator
The FDA, through its Center for Veterinary Medicine
Main law
Federal Food, Drug, and Cosmetic Act
Labelling
21 CFR Part 501, with state rules on top
Facilities
CGMP and preventive controls, 21 CFR Part 507
Canned pet food
Low-acid canned food rules, 21 CFR 113
Imports
Facility registration, prior notice and FSVP

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is each ingredient safe and permitted for its use in animal food? Read more
  2. 2Does the label show identity, net quantity, ingredients and who stands behind it? Read more
  3. 3Do any claims, such as urinary tract health, need FDA review or supporting data? Read more
  4. 4Is the facility registered and does it follow CGMP and preventive controls? Read more
  5. 5If the food is canned, is it processed under the low-acid canned food rules? Read more
  6. 6If it is imported, are prior notice and supplier verification in place? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Ingredients

What may go into pet food.

  • Many ingredients, such as meat, poultry and grains, are considered safe and do not need pre-market approval.
  • Other substances, such as sources of vitamins and minerals, flavourings, preservatives and processing aids, may be Generally Recognized as Safe for an intended use (21 CFR 582 and 584) or must be authorised as food additives (21 CFR 570, 571 and 573).
  • Colourings must be authorised for that use under 21 CFR 70 and listed in Parts 73, 74 or 81.

How we help: Compliant Always keeps each ingredient's specification and regulatory basis with the recipe, so a question about one ingredient is answered from the record. Ask about this

Labelling and claims

What a pet food label shows, and the claims the FDA looks at.

  • The principal display panel states the identity of the food as one of its principal features, and the net quantity of contents, in avoirdupois pounds and ounces or US fluid measure.
  • Ingredients are listed by common or usual name, in descending order of predominance by weight; spices, flavourings, colourings and chemical preservatives are declared as 21 CFR 501.22 sets out.
  • The label names the manufacturer, packer or distributor and its place of business, with a phrase such as 'Distributed by' where it did not make the food.
  • Pet food labelling is regulated at two levels: many states enforce their own rules, many based on a model from the Association of American Feed Control Officials.
  • The FDA reviews specific claims such as 'maintains urinary tract health', 'low magnesium' and 'hairball control'.

How we help: Compliant Always sets your pet food label beside 21 CFR 501, line by line, and keeps the data behind each claim with it. Ask about this

Facilities and food safety

How pet food is made, and who checks.

  • Covered animal food facilities follow current good manufacturing practice and have a written food safety plan, with a hazard analysis and, where needed, risk-based preventive controls.
  • Preventive controls are monitored, corrected and verified, and a facility whose food has a hazard requiring a preventive control has a recall plan.
  • Where a hazard is controlled by a supplier, the manufacturer has a risk-based supply-chain programme.
  • Canned pet food is processed under the low-acid canned food regulations, 21 CFR 113.
  • Food facilities register with the FDA and renew every other year; the FDA can suspend a registration where food has a reasonable probability of causing serious harm to humans or animals.

How we help: Compliant Always keeps the food safety plan, supplier approvals and monitoring records with each product, and shows what is missing or expiring. Ask about this

Imports

What importers of pet food owe.

  • Food can be imported without prior sanction by the FDA, as long as the facilities that make or handle it are registered and prior notice of the shipment is given.
  • The Foreign Supplier Verification Programs rule covers importers of food for humans and animals: they verify that the food is produced with the same public health protection as US rules and is not adulterated.
  • Imported food may be inspected at the port of entry and detained if it does not comply.

How we help: Compliant Always reads your foreign suppliers' documents as they arrive and keeps them by product and supplier. Ask about this

Inspections, recalls and complaints

How the FDA and states follow up.

  • The FDA and state regulatory partners carry out risk-based inspections of animal food facilities, including pet food.
  • The FDA encourages voluntary corrective action, but can use warning letters, FDA-requested or mandatory recall, administrative detention, suspension of registration, seizure and injunction.

How we help: Compliant Always ties records to lots, so the lots in question and their documents are found from the record during an inspection or recall. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ManufacturerSafe ingredients, CGMP, the food safety plan and facility registration.Recipes, specifications and safety records kept together and dated.
Brand or distributorThe label and claims where its name is on the pack, and state labelling rules.Labels and claims checked, with the data behind them.
ImporterPrior notice and foreign supplier verification.Foreign suppliers' documents read and dated before the goods ship.

Federal and state

Pet food labelling is regulated at two levels. The FDA sets the federal rules, and many states enforce their own labelling regulations, often based on a model from the Association of American Feed Control Officials.

Retailers and marketplaces often ask for more than the law does, such as test reports by lot or third party certificates.

Shipping out of the US?

Exporting pet food from the US

Questions businesses ask

Who regulates pet food in the US?
The FDA, which regulates pet food similarly to other animal foods. Many states also enforce their own pet food labelling rules.
Does pet food need FDA approval before sale?
Not as a product. Many ingredients, such as meat, poultry and grains, need no pre-market approval; other substances must be GRAS for their use or authorised as food additives.
What must a US pet food label show?
The product's identity, the net quantity, the ingredients by weight from most to least, and the name and place of business of the manufacturer or distributor.
Are pet food claims checked?
The FDA reviews specific claims such as 'maintains urinary tract health', 'low magnesium' and 'hairball control', and has guidance on the data behind urinary tract claims.
Do pet food makers need a food safety plan?
Covered animal food facilities follow CGMP and have a written food safety plan with a hazard analysis and, where needed, preventive controls and a recall plan.
Does a pet food facility register with the FDA?
Facilities that manufacture, process, pack or hold food for consumption in the US register with the FDA and renew every other year.
Are there special rules for canned pet food?
Yes. Canned pet food must be processed under the low-acid canned food regulations in 21 CFR 113, so that it is free of viable microorganisms.
What do importers of pet food owe?
Registered facilities, prior notice of each shipment, and a Foreign Supplier Verification Program, which covers importers of food for humans and animals.
Do states have their own pet food rules?
Yes. Some states enforce their own labelling regulations, many based on a model provided by the Association of American Feed Control Officials.
Can the FDA recall pet food?
Yes. Among its tools are FDA-requested and mandatory recall, administrative detention, suspension of facility registration, seizure and injunction.
How does Compliant Always help with selling in the US?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches federal sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in the US and what your paperwork needs to show.

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