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Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 249
AN ACT to amend the Indiana Code concerning agriculture and
animals.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 15-19-7-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 0.5. As used in this chapter, "all life stages" means:
(1) gestation or lactation;
(2) growth; and
(3) adult maintenance life stages.
SECTION 2. IC 15-19-7-2, AS AMENDED BY P.L.99-2012,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this chapter, "commercial feed"
means all materials, or combinations of materials, that are distributed
or intended for distribution for use as feed or for mixing in feed, except
as exempted in this section. The term does not include the following
unless labeled with nutritional claims or adulterated within the
meaning of section 29(1) of this chapter:
(1) Unmixed whole seeds.
(2) Unmixed, physically altered whole seeds that have not been
chemically altered.
(3) Commodities, compounds, or substances excluded by rules
adopted by the state chemist under IC 4-22-2 in accordance with
section 34 of this chapter.
(b) Commercial feed does not include the following items when
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ungrounded and not mixed with or intermixed with other materials
not considered commercial feed:
(1) Raw meat.
(2) Hay.
(3) Straw.
(4) Stover.
(5) Silages.
(6) Cobs.
(7) Husks.
(8) Hulls.
(c) Commercial feed does not include individual chemical
compounds and substances of loose salt (sodium chloride).
(d) Commercial feed does not include unmanipulated high
moisture (greater than ninety percent (90%) moisture) human food
processing byproducts.
SECTION 3. IC 15-19-7-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 6.5. As used in this chapter, "family" means a group
of products, which are nutritionally adequate for any or all life
stages based on their nutritional similarity to a lead product, that
has been successfully test-fed according to an Association of
American Feed Control Officials feeding protocol.
SECTION 4. IC 15-19-7-7.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 7.2. As used in this chapter, "good manufacturing
practice" refers to the following:
(1) The regulations prescribing good manufacturing practices
for Type B and Type C medicated feeds as published in 21
CFR 225.
(2) The regulations prescribing good manufacturing practices
for Type A medicated articles as published in 21 CFR 226.
SECTION 5. IC 15-19-7-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 7.5. (a) As used in this chapter, "immediate
container" means the:
(1) unit;
(2) can;
(3) box;
(4) tin;
(5) bag; or
(6) other receptacle or covering;
in which a pet food or specialty pet food is displayed for sale to
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retail purchasers.
(b) The term does not include containers used as shipping
containers.
SECTION 6. IC 15-19-7-7.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 7.7. As used in this chapter, "ingredient statement"
refers to a collective and contiguous listing on the label of the
ingredients of which the pet food or specialty pet food is composed.
SECTION 7. IC 15-19-7-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 16.5. As used in this chapter,
"poisonous or deleterious substances" refers to the following:
(1) Fluorine and any mineral or mineral mixture that is to be
used directly for the feeding of domestic animals and in which
the fluorine exceeds the following:
(A) Twenty-hundredths percent (0.20%) for breeding and
dairy cattle.
(B) Thirty-hundredths percent (0.30%) for slaughter
cattle.
(C) Thirty-hundredths percent (0.30%) for sheep.
(D) Forty-five hundredths percent (0.45%) for swine.
(E) Sixty-hundredths percent (0.60%) for poultry.
(2) Fluorine bearing ingredients when used in such amounts
that they raise the fluorine content of the total ration
(exclusive of roughage) above the following amounts:
(A) Four-thousandths percent (0.004%) for breeding and
dairy cattle.
(B) Nine-thousandths percent (0.009%) for slaughter
cattle.
(C) Six-thousandths percent (0.006%) for sheep.
(D) One-hundredth percent (0.01%) for lambs.
(E) Fifteen-thousandths percent (0.015%) for swine.
(F) Three-hundredths percent (0.03%) for poultry.
(3) Fluorine bearing ingredients incorporated in any feed that
is fed directly to:
(A) cattle;
(B) sheep; or
(C) goats;
consuming roughage (with or without) limited amounts of
grain, that results in a daily fluorine intake in excess of fifty
(50) milligrams of fluorine per one hundred (100) pounds of
body weight.
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(4) The following items when extracted with trichlorethylene
or other chlorinated solvents:
(A) soybean meal;
(B) flakes;
(C) pellets; or
(D) other vegetable;
(i) meals;
(ii) flakes, or
(iii) pellets.
(5) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid
when used in or on feeds or feed ingredients that are
considered or reported to be a significant source of vitamin
B1 (thiamine).
SECTION 8. IC 15-19-7-16.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 16.7. As used in this chapter,
"principal display panel" refers to the part of a label that is most
likely to be displayed, presented, shown, or examined under
normal and customary conditions of display for retail sale.
SECTION 9. IC 15-19-7-19.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19.5. As used in this chapter, a
"supplier" is a person or company that supplies commercial feed:
(1) ingredients;
(2) supplements; and
(3) premixes;
to an Indiana manufacturer or distributor.
SECTION 10. IC 15-19-7-24, AS AMENDED BY P.L.99-2012,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. (a) A person who manufactures a commercial
feed or whose name appears on the label of a commercial feed may not
distribute the commercial feed in Indiana without a commercial feed
license issued by the state chemist. on a form provided by the state
chemist.
(b) An out-of-state distributor may not cause a commercial feed to
be distributed in Indiana without a commercial feed license issued by
the state chemist on a form provided by the state chemist.
(c) A commercial feed license is issued for a calendar year and
expires December 31 of the year for which the license was issued.
Commercial feed license fees are as follows:
(1) The filing fee for a new or renewal license is fifty dollars
($50).
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(2) A late filing fee of fifty dollars ($50) shall be added to the
license fee if the applicant has distributed feed before filing the
license application.
(3) A late filing fee of fifty dollars ($50) shall be added to the
filing fee for renewing a commercial feed license if the
application for renewal is received after January 16.
(d) The form and content of commercial feed license applications
shall be established by rules adopted by the state chemist under
IC 4-22-2, in accordance with section 34 of this chapter.
SECTION 11. IC 15-19-7-24.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 24.3. A person applying for a
commercial feed license under section 24 of this chapter shall apply
using forms provided by the director or forms reproduced locally
by the applicant containing the following information:
(1) Name, complete mailing address, and physical location of
the person applying for a commercial feed license.
(2) Telephone number, fax number, and electronic mail
address.
(3) A list of subsidiaries located in Indiana or any out of state
subsidiaries that distribute directly into Indiana.
(4) A declaration describing whether the person intends to:
(A) manufacture; or
(B) distribute;
commercial feeds under their label in or into Indiana.
(5) A designation whether the person intends to manufacture
or distribute pet foods or specialty pet foods in containers:
(A) of ten (10) pounds or less; or
(B) exceeding ten (10) pounds.
(6) A declaration describing where the manufacturer or
distributor is located.
(7) If the person is a manufacturer, a declaration describing
whether the person only manufactures customer formula
feed.
(8) The printed name and title of the contact person for the
manufacturer or distributor.
(9) The signature of the person submitting the application.
SECTION 12. IC 15-19-7-24.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 24.5. (a) Manufacturers and
distributors located in Indiana who furnish substantial quantities
of commercial feeds to customers in other states may apply to the
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director for interstate exclusion status.
(b) The following conditions apply to a manufacturer or
distributor with an interstate exclusion status:
(1) A supplier may not charge a manufacturer or distributor
the inspection fee on commercial feeds purchased from a
supplier.
(2) A manufacturer and distributor shall report and pay the
inspection fee on all commercial feeds distributed in Indiana
each quarter, including commercial feed distributed under
another distributor's label.
(3) A manufacturer and distributor may not claim a credit on
the quarterly report for payment of the inspection fee to
another distributor.
(c) The state chemist shall maintain a list of manufacturers and
distributors designated with an interstate exclusion status.
SECTION 13. IC 15-19-7-25.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.4. (a) Pet food and specialty
pet food must be labeled with the following information:
(1) Product name and brand name, if any, on the principal
display panel as described in section 27.5 of this chapter.
(2) The species of pet or specialty pet for which the food is
intended conspicuously designated on the principal display
panel.
(3) Quantity statement on the principal display panel.
(4) Guaranteed analysis as described in section 29.5 of this
chapter.
(5) Ingredient statement as described in section 25.5 of this
chapter.
(6) A statement of nutritional adequacy or purpose if required
under section 25.7 of this chapter.
(7) Feeding directions if required under section 25.8 of this
chapter.
(8) Name and address of the manufacturer or distributor as
described in section 28.2 of this chapter.
(b) When a pet food or specialty pet food enclosed in an outer
container or wrapper is intended for retail sale, all required label
information must appear on the outer container or wrapper.
(c) A vignette, graphic, or pictorial representation on a pet food
or specialty pet food label must not misrepresent the contents of
the package.
(d) The use of the word "proven" in connection with a label
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claim for a pet food or specialty pet food is not permitted unless the
claim is substantiated by scientific or other empirical evidence.
(e) No statement may appear on the label or labeling of a pet
food or specialty pet food which makes false or misleading
comparisons between that product and any other product.
(f) A personal or commercial endorsement is permitted on a pet
food or specialty pet food label if the endorsement is not false or
misleading.
(g) A statement on a pet food or specialty pet food label stating
"Improved", "New", or a similar designation must be
substantiated and limited to not more than six (6) months
production.
(h) A statement on a pet food or specialty pet food label stating
preference or comparative attribute claims must be substantiated
and limited to not more than one (1) year production, after which
the claim must be removed or resubstantiated.
SECTION 14. IC 15-19-7-25.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.5. (a) Each ingredient of a pet
food or specialty pet food must be listed in the ingredient statement
as follows:
(1) The names of all ingredients in the ingredient statement
must be shown in letters or type of the same size.
(2) The ingredients must be listed in descending order by their
predominance by weight in nonquantitative terms.
(3) Ingredients must be listed and identified by the name and
definition established by Association of American Feed
Control Officials.
(4) Any ingredient for which no name and definition has been
established must be identified by the common or usual name
of the ingredient.
(b) The ingredients "meat" or "meat byproducts" must be
qualified to designate the animal from which the meat or meat
byproducts are derived unless the meat or meat byproducts are
derived from:
(1) cattle;
(2) swine;
(3) sheep;
(4) goats; or
(5) any combination of subdivisions (1) through (4).
For example, ingredients derived from a horse must be listed as
"horsemeat" or "horsemeat byproducts".
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(c) A brand or trade name must not be used in the ingredient
statement.
(d) A reference to the quality, nature, form, or other attribute
of an ingredient on the labeling is allowed if the reference meets the
following:
(1) The designation is not false or misleading.
(2) The ingredient imparts a distinctive characteristic to the
pet food or specialty pet food because it possesses that
attribute.
(e) A reference to quality or grade of the ingredient may not
appear in the ingredient statement.
SECTION 15. IC 15-19-7-25.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.6. (a) An artificial color may
be used in a pet food or specialty pet food only if it has been shown
to be harmless to pets or specialty pets. The permanent or
provisional listing of an artificial color in the United States Food
and Drug regulations as safe for use, together with the conditions,
limitations, and tolerances, if any, incorporated therein, is
satisfactory evidence that the color is, when used under the United
States Food and Drug regulations, harmless to pets or specialty
pets.
(b) Evidence may be required to prove the safety and efficacy or
utility of a pet food or specialty pet food which contains additives
or drugs, when used according to directions furnished on the label.
Satisfactory evidence of the safety and efficacy of a pet food or
specialty pet food may be established when the pet food or specialty
pet food:
(1) contains the additives, the use of which conforms to the
requirements of the applicable regulation in 21 CFR, or are
"prior sanctioned" or "Generally Recognized as Safe" for the
use; or
(2) itself is a drug or contains a drug (as defined in section 6
of this chapter) and is "generally recognized as safe and
effective" for the labeled use or is marketed subject to an
application approved by the federal Food and Drug
Administration under 21 U.S.C. 360(b).
(c) When a drug (as defined in IC 15-19-7-6) is included in a pet
food or specialty pet food, the format required by section 26.2(a)(2)
of this chapter for labeling medicated feeds must be used.
SECTION 16. IC 15-19-7-25.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 25.7. (a) The label of a pet food
or specialty pet food that is intended for all life stages and sizes of
the pet or specialty pet may include an unqualified claim, directly
or indirectly, such as "complete and balanced", "perfect",
"scientific", or "100% nutritious" if at least one (1) of the
following apply:
(1) The product meets the nutrient requirements for all life
stages established by an Association of American Feed
Control Officials recognized nutrient profile.
(2) The product meets the criteria for all life stages as
substantiated by completion of the appropriate Association of
American Feed Control Officials recognized animal feeding
protocol.
(3) The product is a member of a product family that is
nutritionally similar to a lead product that contains a
combination of ingredients that has been fed to a normal
animal as the sole source of nourishment in accordance with
the testing procedures established by Association of American
Feed Control Officials for all life stages, if the following are
satisfied:
(A) The nutritional similarity of the family product can be
substantiated according to the procedures for establishing
pet food product families developed by Association of
American Feed Control Officials.
(B) The family product meets the criteria for all life stages.
(C) Under circumstances of reasonable doubt, the state
chemist may require the manufacturer to perform
additional testing of the family product to substantiate the
claim of nutritional adequacy.
(b) The label of a pet food or specialty pet food that is intended
for a limited purpose or a specific life stage, but not for all life
stages, may include a qualified claim, such as "complete and
balanced", "perfect", "scientific", or "100% nutritious" when the
product and claim meet all of the following:
(1) The claim is qualified with a statement of the limited
purpose or specific life stage for which the product is intended
or suitable, for example, "complete and balanced for puppies
(or kittens)". The claim and the required qualification must
be juxtaposed on the same label panel and in the same size,
style, and color print.
(2) The product meets at least one (1) of the following:
(A) The nutrient requirements for the limited purpose or
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specific life stage established by an Association of
American Feed Control Officials recognized nutrient
profile.
(B) The criteria for a limited purpose or a specific life stage
as substantiated by completion of the appropriate
Association of American Feed Control Officials recognized
animal feeding protocol.
(C) The requirements of a product family which is
nutritionally similar to a lead product which contains a
combination of ingredients that, when fed for such limited
purpose, will satisfy the nutrient requirements for the
limited purpose and has had its capabilities in this regard
demonstrated by adequate testing, and if the following are
also met:
(i) The nutritional similarity of the family product can be
substantiated according to the procedures for
establishing pet food product families developed by
Association of American Feed Control Officials.
(ii) The family product meets the criteria for the limited
purpose.
(iii) Under circumstances of reasonable doubt, the state
chemist may require the manufacturer to perform
additional testing for the family product to substantiate
the claim of nutritional adequacy.
(c) Dog and cat food labels must include a statement of
nutritional adequacy or purpose of the product, except when the
dog or cat food is clearly and conspicuously identified on the
principal display panel as a "snack" or "treat". The statement
must consist of one (1) of the following:
(1) A claim that the dog or cat food meets the requirements of
one (1) or more of the recognized categories of nutritional
adequacy, gestation or lactation, growth, maintenance, and all
life stages. The claim must be stated verbatim as one (1) of the
following:
(A) "(Name of product) is formulated to meet the
nutritional levels established by the Association of
American Feed Control Officials Dog (or Cat) Food
Nutrient Profiles for ______." (Blank is to be completed by
using the stage or stages of the pet's life, such as gestation,
lactation, growth, maintenance, or the words "All Life
Stages").
(B) "Animal feeding tests using Association of American
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Feed Control Officials procedures substantiate that (Name
of Product) provides complete and balanced nutrition for
______." (Blank is to be completed by using the stage or
stages of the pet's life tested, such as gestation, lactation,
growth, maintenance, or the words "All Life Stages").
(C) "(Name of Product) provides complete and balanced
nutrition for _______ (Blank is to be completed by using
the stage or stages of the pet's life, such as gestation,
lactation, growth, maintenance, or the words "All Life
Stages") and is comparable in nutritional adequacy to a
product which has been substantiated using Association of
American Feed Control Officials feeding tests.".
(2) A nutritional or dietary claim for purposes other than
those listed in subsection (a) or (b), if the claim is scientifically
substantiated.
(3) If a product does not meet the requirements of subsection
(a) or (b) or any other special nutritional or dietary need and
so is suitable only for limited or intermittent or
supplementary feeding, the statement "This product is
intended for intermittent or supplemental feeding only.".
(d) A product intended for use by, or under the supervision or
direction of, a veterinarian must include a statement in accordance
with subsection (c)(1) or (c)(3).
(e) A signed affidavit attesting that the product meets the
requirements of subsection (a) or (b)(2) must be submitted to the
state chemist upon request.
(f) If the nutrient content of a product does not meet those
nutrient requirements established by an Association of American
Feed Control Officials recognized nutrient profile, or if no
requirement has been established by an Association of American
Feed Control Officials recognized nutritional authority for the life
stages of the intended species, the claimed nutritional adequacy or
purpose of the product must be scientifically substantiated.
(g) The following are acceptable as the basis for a claim of
nutritional adequacy as an Association of American Feed Control
Officials recognized nutrient profile or nutritional authority:
(1) For dogs, the Association of American Feed Control
Officials dog food nutrient profiles.
(2) For cats, the Association of American Feed Control
Officials cat food nutrient profiles.
(3) For specialty pets, the nutrient recommendations
approved by the Committee on Animal Nutrition of the
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National Research Council of the National Academy of
Sciences if the nutrient recommendation is recognized only
for the specific specialty pet for which the profile is intended.
(4) As an Association of American Feed Control Officials
recognized animal feeding protocol, the Association of
American Feed Control Officials dog and cat food feeding
protocols.
SECTION 17. IC 15-19-7-25.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.8. (a) Except as provided in
subsection (c), dog or cat food, including snacks or treats, labeled
as complete and balanced for any or all life stages, as provided in
section 25.7(c)(1) of this chapter, except those pet foods labeled in
accordance with section 25.7(d) of this chapter, must list feeding
directions on the product label.
(b) The feeding directions required under subsection (a) must
meet all of the following:
(1) Be consistent with the intended use indicated in the
nutritional adequacy statement unless a limited use or more
limited life stage designation is declared elsewhere, for
example, adult formula.
(2) Be expressed in common terms.
(3) Appear prominently on the label.
(4) State, at a minimum, "Feed (weight/unit of product) per
(weight only) of dog (or cat).".
(5) Specify the frequency of feeding.
(c) When a dog or cat food is intended for use by or under the
supervision or direction of a veterinarian, the statement "Use only
as directed by your veterinarian" may be used in lieu of feeding
directions.
(d) Specialty pet food, including snacks or treats, labeled as
complete and balanced for any or all life stages, as provided in
section 25.7(a) of this chapter, must list feeding directions on the
product label. These feeding directions are adequate to meet the
nutrient requirements of the intended species of specialty pet as
recommended by the Association of American Feed Control
Officials recognized nutritional authority.
(e) The feeding directions required under subsection (d) must
meet all of the following:
(1) Be expressed in common terms.
(2) Appear prominently on the label.
(3) Specify the frequency of feeding.
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SECTION 18. IC 15-19-7-25.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 25.9. (a) Except as required in
section 28.1 of this chapter, the label of a dog or cat food may bear
a statement of calorie content when the label meets all of the
following:
(1) The statement must be separate and distinct from the
"Guaranteed Analysis" and shall appear under the heading
"Calorie Content".
(2) The statement must be measured in terms of metabolizable
energy (ME) on an as-fed basis and must be expressed as
kilocalories per kilogram (kcal/kg) of product, and may also
be expressed as kilocalories per familiar household measure,
for example, cans, cups, and pounds.
(3) The calorie content is determined by one (1) of the
following methods:
(A) By calculation using the following modified Atwater
formula:
ME(kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) +
(3.5 × NFE)]
Where: ME = Metabolizable energy.
CP = % crude protein as-fed.
CF = % crude fat as-fed.
NFE = % nitrogen-free extract (carbohydrate) as-fed.
The percentages of CP and CF are the arithmetic averages
from proximate analyses of at least four (4) production
batches of the product, and the NFE is calculated as the
difference between one hundred (100) and the sum of CP,
CF, and the percentages of crude fiber, moisture, and ash
(determined in the same manner as CP and CF).
(B) In accordance with a testing procedure established by
Association of American Feed Control Officials.
(4) An affidavit must be provided upon request to the state
chemist, substantiating that the calorie content was
determined by either of the following:
(A) Subdivision (3)(A), in which case the results of all the
analyses used in the calculation must accompany the
affidavit.
(B) Subdivision (3)(B), in which case the summary data
used in the determination of calorie content must
accompany the affidavit.
(5) The calorie content statement must appear as one (1) of
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the following:
(A) The claim on the label or other labeling must be
followed parenthetically by the word "calculated" when
the calorie content is determined in accordance with
subdivision (3)(A).
(B) The value of calorie content stated on the label that is
determined in accordance with subdivision (3)(B) must not
exceed or understate the value determined in accordance
with subdivision (3)(A) by more than fifteen percent
(15%).
(b) Comparative claims:
(1) must not be false, misleading, or given undue emphasis;
and
(2) must be based on the same methodology for the products
compared.
SECTION 19. IC 15-19-7-26, AS AMENDED BY P.L.99-2012,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 26. A commercial feed, except a customer formula
feed, must be accompanied by a label bearing the following
information:
(1) The quantity statement.
(2) The product name and the brand name, if any, under which the
commercial feed is distributed.
(3) The guaranteed analysis, expressed on an "as-is" basis, and
stated in the terms that the state chemist, by rule, determines are
required to advise the user of the composition of the feed or to
support claims made in the labeling. In all cases the substances or
elements must be determinable by laboratory methods such as the
methods published by AOAC International.
(4) The common or usual name of each ingredient used in the
manufacture of the commercial feed. However, the state chemist,
by rule, may:
(A) permit the use of a collective term for a group of
ingredients that perform a similar function; or
(B) exempt a commercial feed or group of commercial feeds
from the requirement for an ingredient statement if the state
chemist finds that such a statement is not required in the
interest of consumers.
(5) The name and principal mailing address of the manufacturer
or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for:
(A) commercial feeds containing drugs; and
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(B) other feeds that the state chemist requires by rule as
necessary for their safe and effective use.
(7) Precautionary statements that the state chemist by rule
determines are necessary for the safe and effective use of the
commercial feed.
(1) The product name and the brand name, if any, under
which the commercial feed is distributed as described in
section 26.2(a)(1) of this chapter.
(2) If a drug is used in the commercial feed, a label as
stipulated in section 26.2(a)(2) of this chapter.
(3) A purpose statement as stipulated in section 26.2(a)(3) of
this chapter.
(4) The guaranteed analysis as stipulated in section 26.3 of this
chapter.
(5) The feed ingredients as stipulated in section 26.2(a)(4) of
this chapter.
(6) The directions for use and precautionary statements as
stipulated in section 26.2(a)(5) of this chapter.
(7) The name and principal mailing address of the
manufacturer or person responsible for distributing the feed
as stipulated in section 26.2(a)(6) of this chapter.
(8) The quantity statement as stipulated in section 26.2(a)(7)
of this chapter.
SECTION 20. IC 15-19-7-26.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.1. (a) When required by this
chapter to list the name of each ingredient or collective term for
the grouping of ingredients on a label, a commercial feed
manufacturer shall use:
(1) the ingredient name as defined in the Official Definitions
of Feed Ingredients as published in the Official Publication of
the Association of American Feed Control Officials;
(2) the common or usual name of the ingredient; or
(3) an ingredient name approved by the state chemist.
(b) The name of each ingredient must be shown in letters or type
of the same size.
(c) A reference to quality or grade of an ingredient may not
appear in the ingredient statement of a feed.
(d) The term "dehydrated" may precede the name of any
product that has been artificially dried.
(e) A single ingredient product defined by the Association of
American Feed Control Officials is not required to have an
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ingredient statement.
(f) When the word "iodized" is used in connection with a feed
ingredient, the feed ingredient shall contain not less than
seven-thousandths percent (0.007%) iodine, uniformly distributed.
SECTION 21. IC 15-19-7-26.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.2. (a) A commercial feed
manufacturer shall label commercial feed, other than customer
formula feed, with the information prescribed as follows:
(1) The product name and brand name, if any, as follows:
(A) The brand or product name must be appropriate for
the intended use of the feed and not misleading. If the
name indicates the feed is made for a specific use, the
character of the feed must conform. A commercial feed for
a particular animal class must be suitable for that purpose.
(B) A commercial registered brand or commercial
registered trade name is not permitted in guarantees or
ingredient listings. A commercial registered brand or
commercial registered trade name is only allowed in the
product name of feeds produced by or for the firm holding
the rights to such a name.
(C) Except as provided in subdivision (D), a commercial
feed manufacturer may not:
(i) derive the name of a commercial feed from one (1) or
more ingredients of a mixture to the exclusion of other
ingredients; or
(ii) use one (1) ingredient to represent all the components
of a mixture unless all components are included in the
name.
(D) If an ingredient, or combination of ingredients, is
intended to give the product a distinctive characteristic
that matters to the purchaser, the commercial feed
manufacturer must include the name of the ingredient or
combination of ingredients in the product or brand name.
However, the ingredient or combination of ingredients
must be quantitatively guaranteed in the guaranteed
analysis and the name must not be false or misleading.
(E) The word "protein" is not permitted in the product
name of a feed that contains added nonprotein nitrogen.
(F) When a product or brand name includes a percentage
value, that percentage value is understood to only signify
the percentage of protein and the equivalent protein from
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nonprotein nitrogen content, even if the word protein is not
stated. A commercial feed manufacturer may include other
percentage values as long as the values are properly
described and follow good labeling practices. A
commercial feed manufacturer shall not use digital
numbers in a product name that could mislead or confuse
a customer.
(G) Single ingredient feeds must have a product name in
accordance with the designated definition of feed
ingredients as recognized by the Association of American
Feed Control Officials unless the director designates
otherwise.
(H) A commercial feed manufacturer may only use the
word "vitamin", a contraction of the word vitamin, or any
word suggesting vitamin in the name of a feed which is:
(i) represented to be a vitamin supplement; and
(ii) labeled with the minimum content of each vitamin
declared, as specified in section 26.6(c) of this chapter.
(I) A commercial feed manufacturer shall not use the term
"mineralized" in the product or brand name except for
"TRACE MINERALIZED SALT". When the name of a
feed uses the term mineralized, the product must contain
significant amounts of trace minerals which are recognized
as essential for animal nutrition.
(J) A commercial feed manufacturer that uses the term
"meat" or "meat byproducts" in a product or brand name
shall designate the animal from which the meat or meat
byproducts comes from, unless the meat or meat
byproducts are made from:
(i) cattle;
(ii) swine;
(iii) sheep; or
(iv) goats.
(2) If a drug is used in commercial feed, the following
requirements apply:
(A) The word "medicated" must appear directly following
and below the product name in a type size, no smaller than
one-half (1/2) the type size of the product name.
(B) A purpose statement as required in subdivision (3) of
this section.
(C) The purpose of the medication (claim statement).
(D) An active ingredient statement listing the active drug
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ingredients by their established name and the amounts in
accordance with section 26.6(d) of this chapter.
(3) Requirements for the purpose statement are as follows:
(A) The purpose statement shall contain the specific species
and animal class or classes for which the feed is intended
as defined in section 26.3 of this chapter.
(B) The manufacturer of the commercial feed shall have
flexibility in describing in more specific and common
language the:
(i) defined animal class;
(ii) species; and
(iii) commercial feed's purpose;
while being consistent with the category of animal class
defined in section 26.3 of this chapter.
(C) The purpose statement may be excluded from the label
if the product name includes a description of the:
(i) species; and
(ii) animal class or classes;
for which the product is intended.
(D) For a premix intended for use in manufacturing animal
feed, the purpose statement of the premix may exclude the
animal class and species if the following criteria are met:
(i) The manufacturer includes the statement "For
Further Manufacture of Feed" on the label.
(ii) The nutrients contained in the premix are guaranteed
and sufficient for formulation into various animal
species feeds.
(iii) The end user provides the premix specifications.
This subsection is applicable to commercial feeds regulated
under section 26.3(k)(2)(J) of this chapter.
(E) The purpose statement of a single purpose ingredient
blend, such as a blend of animal protein products, milk
products, fat products, roughage products, or molasses
products may exclude the animal class and species if the
following criteria are met:
(i) The manufacturer includes the statement "For
Further Manufacture of Feed" on the label.
(ii) The nutrients contained in the single purpose
nutrient blend are guaranteed and sufficient for
formulation into various animal species feeds.
This subsection is applicable to commercial feeds regulated
under section 26.3(k)(2)(J) of this chapter.
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(F) The purpose statement of a product shall include a
statement of enzyme functionality if enzymatic activity is
represented in any manner.
(4) The feed ingredients, collective terms for the grouping of
feed ingredients, or appropriate statements as follows:
(A) The name of each ingredient as defined in the Official
Publication of the Association of American Feed Control
Officials, common or usual name, or one approved by the
director.
(B) Collective terms for the grouping of feed ingredients as
defined in the Official Definitions of Feed Ingredients
published in the Official Publication of the Association of
American Feed Control Officials in lieu of the individual
ingredients, provided:
(i) when a collective term for a group of ingredients is
used on the label, individual ingredients within that
group shall not be listed on the label; and
(ii) the manufacturer provides the state chemist, upon
request, with a list of individual ingredients, within a
defined group, that are or have been used at
manufacturing facilities distributing in or into the state.
(5) Directions for use and precautionary statements or
reference to their location if the detailed feeding directions
and precautionary statements required by sections 26.8 and
26.9 of this chapter appear elsewhere on the label.
(6) The name and principal mailing address of the:
(A) manufacturer; or
(B) person responsible for distributing the feed.
The principal mailing address shall include the street address,
city, state, and ZIP code. A manufacturer or person
responsible for distributing the feed may omit the
manufacturer or distributor's mailing address if the mailing
address is shown in the current city directory or telephone
directory.
(7) Net weight or quantity statement.
(b) The state chemist or the state chemist's agent may request
labels or labeling under the following conditions:
(1) When the commercial feed manufacturer is a new license
applicant and the state chemist or the state chemist's agent
has not observed the labeling practices of the commercial feed
manufacturer.
(2) When the state chemist or the state chemist's agent finds
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that the labels or labeling of a licensee is in violation of this
chapter.
(3) When the state chemist or the state chemist's agent
discovers analytical problems with a commercial feed
manufacturer's commercial feed.
(4) When the state chemist or the state chemist's agent
receives a consumer complaint.
SECTION 22. IC 15-19-7-26.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.3. (a) The guarantees for:
(1) crude protein;
(2) equivalent crude protein from nonprotein nitrogen;
(3) amino acids;
(4) crude fat;
(5) crude fiber;
(6) acid detergent fiber;
(7) calcium;
(8) phosphorus;
(9) salt; and
(10) sodium;
must be the sequence of nutritional guarantees when such a
guarantee is stated. Other required and voluntary guarantees
should follow in a general format such that the units of measure
used to express guarantees are listed in a sequence that provides a
consistent grouping of the units of measure as described in this
section.
(b) The required animal classes and guarantees for swine
formula feeds are as follows:
(1) Animal classes as follows:
(A) Prestarter, two (2) to eleven (11) pounds.
(B) Starter, eleven (11) to forty-four (44) pounds.
(C) Grower, forty-four (44) to one hundred ten (110)
pounds.
(D) Finisher, one hundred ten (110) to two hundred
forty-two (242) pounds (market).
(E) Gilts, sows, and adult boars.
(F) Lactating gilts and sows.
(2) Guaranteed analysis for swine complete feeds and
supplements (all animal classes) as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of lysine.
(C) Minimum percentage of crude fat.
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(D) Maximum percentage of crude fiber.
(E) Minimum and maximum percentage of calcium.
(F) Minimum percentage of phosphorus.
(G) Minimum and maximum percentage of salt (if added).
(H) Minimum and maximum percentage of total sodium
must be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(I) Minimum selenium in parts per million.
(J) Minimum zinc in parts per million.
(c) The required animal class and guarantees for formula
poultry feeds (broilers, layers, and turkeys) are as follows:
(1) Animal classes as follows:
(A) Layer, chickens that are grown to produce eggs for
food (such as table eggs):
(i) starting or growing, from day of hatch to
approximately ten (10) weeks of age;
(ii) finisher, from approximately ten (10) weeks of age to
the time first egg is produced (approximately twenty (20)
weeks of age);
(iii) laying, from the time the first egg is laid throughout
the time of egg production; and
(iv) breeders, chickens that produce fertile eggs for hatch
replacement layers to produce eggs for food, table eggs,
from the time the first egg is laid throughout their
productive cycle.
(B) Broilers, chickens that are grown for human food:
(i) starting/growing, from the day of hatch to
approximately five (5) weeks of age;
(ii) finisher, from approximately five (5) weeks of age to
market, (forty-two (42) to fifty-two (52) days); and
(iii) breeders, hybrid strains of chickens whose offspring
are grown for human food (broilers) any age and either
sex.
(C) Broilers, breeders, chickens whose offspring are grown
for human food (broilers):
(i) starting or growing, from the day of hatch until
approximately ten (10) weeks of age;
(ii) finishing, from approximately ten (10) weeks of age
to the time the first egg is produced, approximately
twenty (20) weeks of age; and
(iii) laying, fertile egg producing chickens
(broilers/roasters) from the day of the first egg
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throughout the time fertile eggs are produced.
(D) Turkeys:
(i) starting or growing, turkeys that are grown for
human food from the day of the hatch to approximately
thirteen (13) weeks of age (females) and sixteen (16)
weeks of age (males);
(ii) finisher, turkeys that are grown for human food,
females from approximately thirteen (13) weeks of age to
approximately seventeen (17) weeks of age and males
from sixteen (16) weeks of age to twenty (20) weeks of
age (or desired market weight);
(iii) laying, female turkeys that are producing eggs, from
the time the first egg is produced throughout the time
they are producing eggs; and
(iv) breeder, turkeys that are grown to produce fertile
eggs, from the day of hatch to the time the first eggs are
produced (approximately thirty (30) weeks of age), both
sexes.
(2) Guaranteed analysis for poultry complete feeds and
supplements (all animal classes) as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of lysine.
(C) Minimum percentage of methionine.
(D) Minimum percentage of crude fat.
(E) Maximum percentage of crude fiber.
(F) Minimum and maximum percentage of calcium.
(G) Minimum percentage of phosphorus.
(H) Minimum and maximum percentage of salt (if added).
(d) The required animal classes and guarantees for beef cattle
formula feeds are as follows:
(1) Animal classes as follows:
(A) Calves (birth to weaning).
(B) Cattle on pasture may be specific as to production
stage, for example:
(i) shocker;
(ii) feeder;
(iii) replacement heifers;
(iv) brood cows; or
(v) bulls.
(C) Feedlot cattle.
(2) Guaranteed analysis for beef complete feeds and
supplements (all animal classes) as follows:
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(A) Minimum percentage of crude protein.
(B) Maximum percentage of equivalent crude protein from
nonprotein nitrogen when added.
(C) Minimum percentage of crude fat.
(D) Maximum percentage of crude fiber.
(E) Minimum and maximum percentage of calcium.
(F) Minimum percentage of phosphorus.
(G) Minimum and maximum percentage of salt (if added).
(H) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(I) Minimum percentage of potassium.
(J) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(3) Guaranteed analysis for beef mineral feeds (if added) as
follows:
(A) Minimum and maximum percentage of calcium.
(B) Minimum percentage of phosphorus.
(C) Minimum and maximum percentage of salt.
(D) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(E) Minimum percentage of magnesium.
(F) Minimum percentage of potassium.
(G) Minimum copper in parts per million.
(H) Minimum selenium in parts per million.
(I) Minimum zinc in parts per million.
(J) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound.
(e) The required animal classes and required guarantees for
dairy formula feeds are as follows:
(1) Animal classes as follows:
(A) Veal milk replacer, milk replacer to be fed for veal
production.
(B) Herd milk replacer, milk replacer to be fed for herd
replacement calves.
(C) Starter, approximately three (3) days to three (3)
months.
(D) Growing heifers, bulls, and dairy beef as follows:
(i) Grower 1, three (3) months to twelve (12) months of
age.
(ii) Grower 2, more than twelve (12) months of age.
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(iii) Lactating dairy cattle.
(iv) Nonlactating dairy cattle.
(2) Guaranteed analysis for veal and herd replacement milk
replacer as follows:
(A) Minimum percentage crude protein.
(B) Minimum percentage crude fat.
(C) Maximum percentage of crude fiber.
(D) Minimum and maximum percentage calcium.
(E) Minimum percentage of phosphorus.
(F) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(3) Guaranteed analysis for dairy cattle complete feeds and
supplements as follows:
(A) Minimum percentage of crude protein.
(B) Maximum percentage of equivalent crude protein from
nonprotein nitrogen when added.
(C) Minimum percentage of crude fat.
(D) Maximum percentage of crude fiber.
(E) Maximum percentage of acid detergent fiber.
(F) Minimum and maximum percentage of calcium.
(G) Minimum percentage of phosphorus.
(H) Minimum selenium in parts per million.
(I) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(4) Required guaranteed analysis for dairy mixing and
pasture mineral as follows:
(A) Minimum and maximum percentage of calcium.
(B) Minimum percentage of phosphorus.
(C) Minimum and maximum percentage of salt.
(D) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(E) Minimum percentage of magnesium.
(F) Minimum percentage of potassium.
(G) Minimum selenium in parts per million.
(H) Minimum vitamin A, other than the precursors of
vitamin A, in International Units per pound.
(f) The required animal classes and guarantees for equine
formula feeds are as follows:
(1) Animal classes as follows:
(A) Foal.
(B) Mare.
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(C) Breeding.
(D) Maintenance.
(2) Guaranteed analysis for equine complete feeds and
supplements (all animal classes) as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of crude fat.
(C) Maximum percentage of crude fiber.
(D) Minimum and maximum percentage of calcium.
(E) Minimum percentage of phosphorus.
(F) Minimum copper in parts per million.
(G) Minimum selenium in parts per million.
(H) Minimum zinc in parts per million.
(I) Minimum vitamin A, other than the precursors of
vitamin A, in International Units per pound (if added).
(3) Guaranteed analysis for equine mineral feeds (all animal
classes) as follows:
(A) Minimum and maximum percentage of calcium.
(B) Minimum percentage of phosphorus.
(C) Minimum and maximum percentage of salt (if added).
(D) Minimum and maximum percentage of sodium shall be
guaranteed only when the total sodium exceeds that
furnished by the maximum salt guarantee.
(E) Minimum copper in parts per million.
(F) Minimum selenium in parts per million.
(G) Minimum zinc in parts per million.
(H) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(g) The required animal classes and guarantees for goat and
sheep formula feeds are as follows:
(1) Animal classes as follows:
(A) Starter.
(B) Grower.
(C) Finisher.
(D) Breeder.
(E) Lactating.
(2) Guaranteed analysis for goat and sheep complete feeds
and supplements (all animal classes) are as follows:
(A) Minimum percentage of crude protein.
(B) Maximum percentage of equivalent crude protein from
nonprotein nitrogen when added.
(C) Minimum percentage of crude fat.
(D) Maximum percentage of crude fiber.
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26
(E) Minimum and maximum percentage of calcium.
(F) Minimum percentage of phosphorus.
(G) Minimum and maximum percentage of salt (if added).
(H) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(I) Minimum and maximum copper in parts per million (if
added, or if total copper exceeds twenty (20) parts per
million).
(J) Minimum selenium in parts per million.
(K) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(h) The required animal classes guarantees for duck and geese
formula feeds are as follows:
(1) Animal classes as follows:
(A) Ducks as follows:
(i) Starter, zero (0) to three (3) weeks of age.
(ii) Grower, three (3) to six (6) weeks of age.
(iii) Finisher, six (6) weeks to market.
(iv) Breeder developer, eight (8) to nineteen (19) weeks
of age.
(v) Breeder, twenty-two (22) weeks to end of lay.
(B) Geese as follows:
(i) Starter, zero (0) to four (4) weeks of age.
(ii) Grower, four (4) to eight (8) weeks of age.
(iii) Finisher, eight (8) weeks to market.
(iv) Breeder developer, ten (10) to twenty-two (22) weeks
of age.
(v) Breeder, twenty-two (22) weeks to end of lay.
(2) Guaranteed analysis for duck and geese complete feeds
and supplements (for all animal classes) as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of crude fat.
(C) Maximum percentage of crude fiber.
(D) Minimum and maximum percentage of calcium.
(E) Minimum percentage of phosphorus.
(F) Minimum and maximum percentage of salt (if added).
(G) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(i) The required animal species and guarantees for fish complete
feeds and supplements are as follows:
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27
(1) Animal species shall be declared in lieu of animal class as
follows:
(A) Trout.
(B) Catfish.
(C) Species other than trout or catfish.
(2) Guaranteed analysis for all fish complete feeds and
supplements as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of crude fat.
(C) Maximum percentage of crude fiber.
(D) Minimum percentage of phosphorus.
(j) The required animal class and guarantees for rabbit
complete feeds and supplements are as follows:
(1) Animal classes as follows:
(A) Grower, four (4) to twelve (12) weeks of age.
(B) Breeder, twelve (12) weeks of age and over.
(2) Guaranteed analysis for rabbit complete feeds and
supplements (all animal classes) as follows:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of crude fat.
(C) Minimum and maximum percentage of crude fiber (the
maximum crude fiber shall not exceed the minimum by
more than five (5) units).
(D) Minimum and maximum percentage of calcium.
(E) Minimum percentage of phosphorus.
(F) Minimum and maximum percentage of salt (if added).
(G) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(H) Minimum vitamin A, other than precursors of vitamin
A, in International Units per pound (if added).
(k) Except as provided in subsection (l), the required animal
class and guarantees of grain mixtures with or without molasses
and feeds, other than those described in subsections (b) through (j),
must include the following items in the following order:
(1) The animal class and species for which the product is
intended.
(2) The guaranteed analysis as follows:
(A) Minimum percentage of crude protein.
(B) Maximum or minimum percentage of equivalent crude
protein from nonprotein nitrogen as required in section
26.6(e) of this chapter.
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(C) Minimum percentage of crude fat.
(D) Maximum percentage of crude fiber.
(E) Minerals in formula feeds, to include in the following
order:
(i) Minimum and maximum percentages of calcium.
(ii) Minimum percentage of phosphorus.
(iii) Minimum and maximum percentage of salt (if
added).
(iv) Minimum and maximum percentage of total sodium
shall be guaranteed only when total sodium exceeds that
furnished by the maximum salt guarantee.
(v) Other minerals.
(F) Minerals in feeds ingredients as specified by the official
definitions of the Association of American Feed Control
Officials.
(G) Vitamins in such terms as specified in section 26.6(c) of
this chapter.
(H) Total sugars as invert on dried molasses products or
products being sold primarily for their sugar content.
(I) Viable lactic acid producing microorganisms for use in
silages in terms specified in section 26.6(g) of this chapter.
(J) A commercial feed, for example, vitamin/mineral
premix or base mix, intended to provide a specialized
nutritional source for use in the manufacture of other
feeds, must state its intended purpose and guarantee those
nutrients relevant to such stated purpose.
(l) Notwithstanding subsections (b) through (j), the following
exemptions apply:
(1) A mineral guarantee for feed, excluding those feeds
manufactured as complete feeds and for feed supplements
intended to be mixed with grain to produce a complete feed
for swine, poultry, fish, and veal and herd milk replacers is
not required when the feed or feed ingredient:
(A) is not intended or represented or does not serve as a
principal source of that mineral to the animal; or
(B) is intended for:
(i) nonfood producing animals; and
(ii) contains less than six and five-tenths percent (6.5%)
total mineral.
(2) Guarantees for vitamins are not required when the
commercial feed is neither formulated for nor represented in
any manner as a vitamin supplement.
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(3) Guarantees for crude protein, crude fat, and crude fiber
are not required when:
(A) the commercial feed is intended for purposes other
than to furnish these substances; or
(B) crude protein, crude fat, and crude fiber are of minor
significance to the primary purpose of the product (such as
drug premixes mineral or vitamin supplements, or
molasses).
(4) Guarantees for microorganisms are not required when the
commercial feed is intended for a purpose other than:
(A) to furnish these substances; or
(B) the microorganisms are of minor significance relating
to the primary purpose of the product, and no specific
label claims are made.
(5) The indication for animal classes and species is not
required on single ingredient products if the ingredient is not:
(A) intended;
(B) represented; or
(C) defined;
for a specific animal class or species.
(6) Mixtures of whole seeds intended to be fed to wild birds do
not have to include supplying guarantees for minimum crude
protein, minimum crude fat, and maximum crude fiber.
Instead, a mixture of whole seeds may be labeled by
including:
(A) the weight percentage;
(B) the amount of seed by kind; and
(C) a weight designated as "other" that includes:
(i) weed seed;
(ii) other crop seed; and
(iii) inert matter contained in the mixture to total one
hundred percent (100%).
The labeling on a mixture of whole seed feed that contains
greater than two and five-tenths percent (2.5%) weed seed by
weight, must include the statement "Note: This feed contains
more than two and five-tenths percent (2.5%) weed seed by
weight.", printed on the label.
SECTION 23. IC 15-19-7-26.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.6. (a) A commercial feed
manufacturer shall print the guarantees for:
(1) crude protein;
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30
(2) equivalent crude protein from nonprotein nitrogen;
(3) lysine;
(4) methionine; and
(5) other:
(A) amino acids;
(B) crude fat;
(C) crude fiber; or
(D) acid detergent fiber;
in terms of percentage.
(b) The following are mineral guarantees for commercial feed:
(1) When a commercial feed manufacturer provides
guaranteed analysis for calcium, salt, and sodium guarantees,
the guarantees must be stated and conform to the following:
(A) When the minimum is below two and five-tenths
percent (2.5%), the maximum may not exceed the
minimum by more than five-tenths (0.5) percentage point.
(B) When the minimum is two and five-tenths percent
(2.5%) but less than five percent (5.0%), the maximum
shall not exceed the minimum by more than one (1)
percentage point.
(C) When the minimum is five percent (5.0%) or greater
the maximum shall not exceed the minimum by more than
twenty percent (20%) of the minimum and in no case shall
the maximum exceed the minimum by more than five (5)
percentage points.
(2) A commercial feed manufacturer shall state:
(A) guarantees for:
(i) minimum and maximum total sodium and salt;
(ii) minimum potassium;
(iii) magnesium;
(iv) sulfur;
(v) phosphorus; and
(vi) maximum fluoride;
in terms of percentage; and
(B) other minimum mineral guarantees in:
(i) parts per million (ppm) when the concentration is less
than ten thousand (10,000) ppm; and
(ii) percentage when the concentration is ten thousand
(10,000) ppm (one percent (1%)) or greater.
(3) A commercial feed manufacturer may state mineral
guarantees (such as tablets, capsules, granules, or liquid) in
milligrams per unit for a commercial feed label with a
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quantity statement as long as the guarantees are consistent
with the quantity statement and the directions for use.
(c) A commercial feed manufacturer shall list the guarantees for
minimum vitamin content of commercial feed in the order specified
and stated in milligrams per pound or in units consistent with those
employed for the quantity statement unless otherwise specified as
follows:
(1) Vitamin A, other than precursors of vitamin A, in
International Units per pound.
(2) Vitamin D3, in products offered for poultry feeding, in
International Chick Units per pound.
(3) Vitamin D for other uses, International Units per pound.
(4) Vitamin E, in International Units.
(5) Concentrated oils and feed additive premixes containing
vitamins A, D, and/or E may, at the option of the distributor,
be stated in units per gram instead of units per pound.
(6) Vitamin B12, in milligrams or micrograms per pound.
(7) All other vitamin guarantees shall express the vitamin
activity in milligrams per pound in terms of the following:
(A) Menadione.
(B) Riboflavin.
(C) D pantothenic acid.
(D) Thiamine.
(E) Niacin.
(F) Vitamin B6.
(G) Folic acid.
(H) Choline.
(I) Biotin.
(J) Inositol.
(K) P-amino benzoic acid.
(L) Ascorbic acid.
(M) Carotene.
(d) A commercial feed manufacturer shall state guarantees for
drugs in terms of percent by weight, except for the following drug
guarantees:
(1) Antibiotics present as less than two thousand (2,000)
grams per ton (total) of commercial feed shall be stated in
grams per ton of commercial feed.
(2) Antibiotics present at or more than two thousand (2,000)
grams per ton (total) of commercial feed shall be stated in
grams per pound of commercial feed.
(3) Labels for commercial feeds containing growth promotion
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or feed efficiency levels of antibiotics, which are fed
continuously as the sole ration, are not required to make
quantitative guarantees. However, if the federal Food
Additive Regulations for certain antibiotics require
quantitative guarantees for a specific antibiotic, the label
must provide those guarantees regardless of the antibiotic's
level or purpose.
(4) The term "milligrams per pound" may be used for drugs
or antibiotics in those cases where a dosage is given in
milligrams in the feeding direction.
(e) A commercial feed manufacturer shall label commercial
feeds containing any added nonprotein nitrogen as follows:
(1) The following for ruminants:
(A) Complete feeds, supplements, and concentrates
containing added nonprotein nitrogen and containing more
than five percent (5%) protein from natural sources shall
be guaranteed as crude protein, minimum, ____%. (This
includes not more than ____% equivalent protein from
nonprotein nitrogen.)
(B) Mixed feed concentrates and supplements containing
less than five percent (5%) protein from natural sources
shall be guaranteed as follows:
(i) Equivalent crude protein from nonprotein.
(ii) Nitrogen, minimum, ____%.
(C) Ingredient sources of nonprotein nitrogen (such as
urea, diammonium phosphate, ammonium polyphosphate
solution, ammoniated rice hulls, or other basic nonprotein
nitrogen ingredients defined by the Association of
American Feed Control Officials) shall be guaranteed as
follows:
(i) Nitrogen, minimum, ____% equivalent crude.
(ii) Protein from nonprotein nitrogen, minimum, ____%.
(2) The following for nonruminants:
(A) Complete feeds, supplements, and concentrates
containing crude protein from all forms of nonprotein
nitrogen, added as such, shall be labeled as crude protein,
minimum ____%. (This includes not more than ____%
equivalent crude protein that is not nutritionally available
to (species of animal for which feed is intended).)
(B) Premixes, concentrates, or supplements intended for
nonruminants containing more than one and twenty-five
hundredths percent (1.25%) equivalent crude protein from
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all forms of nonprotein nitrogen, added as such, must
contain adequate directions for use and a prominent
statement, "WARNING: This feed must be used only in
accordance with directions furnished on the label.".
(f) A commercial feed manufacturer shall label mineral
phosphatic materials for feeding purposes with the guarantee for:
(1) minimum and maximum percentage of calcium (when
present);
(2) the minimum percentage of phosphorus; and
(3) the maximum percentage of fluorine.
(g) A commercial feed manufacturer shall state the guarantees
for microorganisms in colony forming units per:
(1) gram (CFU/g) when directions are for using the product in
grams; or
(2) pound (CFU/lb) when directions are for using the product
in pounds.
A parenthetical statement following the guarantee shall list each
species in order of predominance.
(h) A commercial feed manufacturer shall state guarantees for
enzymes in units of enzymatic activity per unit weight or volume,
consistent with label directions. A commercial feed manufacturer
shall specify the source organism for each type of enzymatic
activity (for examples protease (bacillus subtilis) five and
five-tenths (5.5) milligrams amino acids liberated/min./milligram).
If two (2) or more source organisms have the same type of activity,
the commercial feed manufacturer shall list the organic in order of
predominance based on the amount of enzymatic activity provided.
SECTION 24. IC 15-19-7-26.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.7. (a) This section does not
apply to customer-formula feed.
(b) A commercial feed manufacturer shall ensure that the
nutritional content of a commercial feed is accurately represented
in its label. The commercial animal feed's:
(1) ingredients;
(2) label; and
(3) intended use;
must accurately reflect the intended purpose of the product.
(c) If the director has reasonable cause to believe a commercial
feed is not nutritionally suitable, then the state chemist may
request the commercial feed manufacturer:
(1) to submit an affidavit of suitability certifying the
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nutritional adequacy of the commercial feed; or
(2) to certify the nutritional adequacy of the commercial feed
by an alternate procedure approved by the director.
A commercial feed manufacturer's assertions in an affidavit of
suitability or alternate procedure must be based on valid scientific
evidence. A commercial feed manufacturer's submission of a
completed affidavit of suitability shall serve as substantiation of the
suitability of the feed.
(d) If an affidavit of suitability, or alternative procedure
acceptable to the director is not submitted by the commercial feed
manufacturer or labeler within thirty (30) days of written
notification, the director may deem the feed adulterated under
section 29 of this chapter and order the feed removed from the
marketplace.
(e) The affidavit of suitability shall contain the following
information:
(1) The commercial feed manufacturer's name.
(2) The commercial feed's product name.
(3) The name and title of the commercial feed manufacturer
submitting the document.
(4) A statement that the commercial feed manufacturer has
knowledge of the nutritional content of the feed and based on
valid scientific evidence the feed is nutritionally adequate for
its intended purpose.
(5) The date of submission.
(6) The signature of the owner or operator of the commercial
feed manufacturer notarized by a certified notary public.
SECTION 25. IC 15-19-7-26.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.8. (a) As used in this section,
"feed" refers to:
(1) commercial feed (as defined in IC 15-19-7-2); and
(2) customer formula feed (as defined in IC 15-19-7-3).
(b) A commercial feed manufacturer shall do the following:
(1) Ensure all directions for use and precautionary statements
on a feed label containing additives (including drugs, special
purpose additives, or nonnutritive additives) are adequate to
enable users with no special knowledge to use the feed for the
feed's intended purpose.
(2) Include all information prescribed by all applicable
regulations under the federal Food, Drug, and Cosmetic Act.
(c) Adequate directions for use and precautionary statements
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are required for feeds containing nonprotein nitrogen as specified
in section 26.9 of this chapter.
(d) Adequate directions for use and precautionary statements
necessary for safe and effective use are required on commercial
feeds distributed to supply particular dietary needs or for
supplementing or fortifying the usual diet or ration with any
vitamin, mineral, or other dietary nutrient or compound.
SECTION 26. IC 15-19-7-26.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.9. (a) Urea and other
nonprotein nitrogen products defined in the Official Publication of
the Association of American Feed Control Officials are acceptable
ingredients only in commercial feeds for ruminant animals as a
source of equivalent crude protein.
(b) If a commercial feed contains more than eight and
seventy-five hundredths percent (8.75%) of its equivalent crude
protein from added nonprotein nitrogen, or if added nonprotein
nitrogen provides more than one-third (1/3) of the total crude
protein, the label must include adequate directions for safe use and
a precautionary statement that includes the following statement
“CAUTION: USE AS DIRECTED." A commercial feed
manufacturer shall include the directions for safe use and a
precautionary statement in a font large enough on the label so the
directions for safe use and a precautionary statement can be read
and understood by ordinary persons under customary conditions
of purchase and use.
(c) Nonprotein nitrogen defined in the Official Publication of the
Association of American Feed Control Officials, when so indicated,
is an acceptable ingredient in commercial feeds distributed as feed
for nonruminant animals as a source of nutrients other than
equivalent crude protein. The maximum equivalent crude protein
from nonprotein nitrogen sources when used in nonruminant
rations may not exceed one and twenty-five hundredths percent
(1.25%) of the total daily ration.
(d) On medicated commercial feed labels that include the
adequate feeding directions and warning statements, the presence
of added nonprotein nitrogen does not require a commercial feed
manufacturer to duplicate the:
(1) feeding directions; or
(2) precautionary statements;
as long as those statements include sufficient information to ensure
the safe and effective use of this product due to the presence of
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nonprotein nitrogen.
SECTION 27. IC 15-19-7-27.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 27.2. (a) A commercial feed
manufacturer that produces commercial feed that contains
additives, such as drugs, other special purpose additives, or
nonnutritive additives, may be required to submit evidence to
prove the safety and efficacy of the commercial feed when used
according to the directions furnished on the label.
(b) The following are satisfactory evidence of safety and efficacy
of a commercial feed:
(1) When a commercial feed contains additives that comply
with the applicable requirements of 21 CFR, or the additives
are:
(A) prior-sanctioned;
(B) informally review-sanctioned; or
(C) generally recognized as safe for that use.
(2) When a commercial feed is itself a drug as defined in
section 6 of this chapter and is:
(A) generally recognized as safe and effective for the
labeled use; or
(B) marketed subject to an application approved by the
Food and Drug Administration under 21 U.S.C. 360(b).
(3) When one (1) of the purposes for feeding a commercial
feed is to impart immunity (that is to act through some
immunological process) the constituents imparting immunity
have been approved for that purpose through the federal
Virus, Serum, and Toxin Act of 1913, as amended.
(4) When the commercial feed is a direct fed microbial
product, including the following:
(A) The product meets the particular fermentation product
definition.
(B) The microbial content statement, as expressed in the
labeling, is limited to the statement, "Contains a source of
live (viable) naturally occurring microorganisms.". This
statement shall appear on the label.
(C) The source is stated with a corresponding guarantee
expressed in accordance with section 26.6 of this chapter.
(5) When the commercial feed is an enzyme product,
including the following:
(A) The product meets the particular enzyme definition
defined by the Association of American Feed Control
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Officials.
(B) The enzyme is stated with a corresponding guarantee
expressed in accordance with section 26.6 of this chapter.
SECTION 28. IC 15-19-7-27.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 27.4. (a) A commercial feed
manufacturer shall grind and treat:
(1) screenings; or
(2) grain and seed byproducts;
containing weed seeds to destroy the viability of weed seeds.
(b) The commercial feed manufacturer shall ensure that the
finished product contains no:
(1) viable prohibited noxious weed seeds;
(2) more than fifty (50) viable restricted noxious weed seeds
per pound; and
(3) more than one hundred (100) other viable weed seeds per
pound.
SECTION 29. IC 15-19-7-27.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 27.5. (a) The words "100%", or
"All", or words of similar designation must not be used in the
brand or product name of a pet food or specialty pet food if the
product contains more than one (1) ingredient, not including water
sufficient for processing, decharacterizing agents, or trace amounts
of preservatives and condiments.
(b) An ingredient or a combination of ingredients may form a
part of the product name of a pet food or specialty pet food as
follows:
(1) When the ingredients derived from animals, poultry, or
fish constitute at least ninety-five percent (95%) of the total
weight of the product. Water sufficient for processing may be
excluded when calculating the percentage; however, the
ingredient must constitute at least seventy percent (70%) of
the total product weight.
(2) When any ingredient constitutes at least twenty-five
percent (25%) of the weight of the product, the following
must be met:
(A) Water sufficient for processing may be excluded when
calculating the percentage; however, the ingredients must
constitute at least ten percent (10%) of the total product
weight.
(B) A descriptor is used with the ingredient name. This
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descriptor must imply other ingredients are included in the
product formula. Examples of descriptors include the
following:
(i) Dinner.
(ii) Platter.
(iii) Entree.
(iv) Formula.
(v) Recipe.
(C) The descriptor must be in the same size, style, and
color print as the ingredient name.
(3) When a combination of ingredients that are included in the
product name in accordance with this subsection meets all of
the following:
(A) Each ingredient constitutes at least three percent (3%)
of the product weight, excluding water sufficient for
processing.
(B) The names of the ingredients appear in the order of
their respective predominance by weight in the product.
(C) All the ingredient names appear on the label in the
same size, style, and color print.
(c) When the name of any ingredient appears in the product
name of a pet food or elsewhere on the product label and includes
a descriptor, such as "with" or similar designation, the named
ingredients must each constitute at least three percent (3%) of the
product weight exclusive of water for processing. If the names of
more than one (1) ingredient are shown, each ingredient must
appear in the ingredient's respective order of predominance by
weight in the product. The three percent (3%) minimum level must
not apply to claims for nutrients, such as vitamins, minerals, and
fatty acids, as well as condiments. The word "with", or similar
designation, and named ingredients must be in the same size, style,
color, and case print and be of no greater size than:
Panel Size Max "with claim" Type Size
< 5 sq. in. 1/8"
5–25 sq. in. 1/4"
25–100 sq. in. 3/8"
100–400 sq. in. 1/2"
400 sq. in. + 1"
(d) A flavor designation may be included as part of the product
name or elsewhere on the label of a pet food or specialty pet food
when the flavor designation meets all of the following:
(1) The flavor designation:
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(A) conforms to the name of the ingredient as listed in the
ingredient statement; or
(B) is identified by the source of the flavor in the ingredient
statement.
(2) The word "flavor" is printed in the same size type and
with an equal degree of conspicuousness as the name of the
flavor designation.
(3) Substantiation of the flavor designation, the flavor claim,
or the ingredient source is provided upon request.
(e) The product name of the pet food or specialty pet food must
not be derived from one (1) or more ingredients unless:
(1) all ingredients are included in the name, except as
specified by subsection (b) or (c); or
(2) at least one (1) of the following are satisfied:
(A) The ingredient or combination of ingredients is present
in sufficient quantity to impart a distinctive characteristic
to the product or is present in amounts that have a
material bearing on the price of the product or on
acceptance of the product by the purchaser of the product.
(B) Use of the ingredient or combination of ingredients in
the product name does not constitute a representation that
the ingredient or combination of ingredients is present to
the exclusion of other ingredients.
(f) Contractions or coined names referring to an ingredient
must not be used in the brand name of a pet food or specialty pet
food unless the use complies with subsection (b), (c), or (d).
SECTION 30. IC 15-19-7-28.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 28.1. (a) "Light" requirements
for calorie terms are as follows:
(1) A dog food product that bears on its label the terms
"light", "lite", "low calorie", or words of similar designation
must:
(A) contain no more than three thousand one hundred
(3,100) kcal ME/kg for products containing less than
twenty percent (20%) moisture, no more than two
thousand five hundred (2,500) kcal ME/kg for products
containing twenty percent (20%) or more but less than
sixty-five percent (65%) moisture, and no more than nine
hundred (900) kcal ME/kg for products containing
sixty-five percent (65%) or more moisture;
(B) include on the label a calorie content statement:
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(i) that complies with the format provided in section 25.9
of this chapter; and
(ii) that states no more than three thousand one hundred
(3,100) kcal ME/kg for products containing less than
twenty percent (20%) moisture, no more than two
thousand five hundred (2,500) kcal ME/kg for products
containing twenty percent (20%) or more but less than
sixty-five percent (65%) moisture, and no more than
nine hundred (900) kcal ME/kg for products containing
sixty-five percent (65%) or more moisture; and
(C) include on the label feeding directions that reflect a
reduction in calorie intake consistent with the intended use.
(2) A cat food product that bears on its label the terms
"light", "lite", "low calorie", or words of similar designation
must:
(A) contain no more than three thousand two hundred fifty
(3,250) kcal ME/kg for products containing less than
twenty percent (20%) moisture, no more than two
thousand six hundred fifty (2,650) kcal ME/kg for products
containing twenty percent (20%) or more but less than
sixty-five percent (65%) moisture, and no more than nine
hundred fifty (950) kcal ME/kg for products containing
sixty-five percent (65%) or more moisture;
(B) include on the label a calorie content statement:
(i) that complies with the format provided in section 25.9
of this chapter; and
(ii) that states no more than three thousand two hundred
fifty (3,250) kcal ME/kg for products containing less than
twenty percent (20%) moisture, no more than two
thousand six hundred fifty (2,650) kcal ME/kg for
products containing twenty percent (20%) or more but
less than sixty-five percent (65%) moisture, and no more
than nine hundred fifty (950) kcal ME/kg for products
containing sixty-five percent (65%) or more moisture;
and
(C) include on the label feeding directions which reflect a
reduction in calorie intake consistent with the intended use.
(b) "Less" or "reduced calories" requirements for a dog or cat
food product that bears on its label a claim of "less calories",
"reduced calories", or words of similar designation, must include
the following on the label:
(1) The name of the product of comparison and the
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percentage of calorie reduction (expressed on an equal weight
basis) explicitly stated and juxtaposed with the largest or most
prominent use of the claim on each panel of the label where
the term appears.
(2) The comparative statement printed in type of the same
color and style and at least half the type size used in the claim.
(3) A calorie content statement that complies with the format
provided in section 25.9 of this chapter.
(4) Feeding directions that reflect a reduction in calories
compared to feeding directions for the product of comparison.
(5) A comparison between products in different categories of
moisture content, that is, less than twenty percent (20%),
twenty percent (20%) or more but less than sixty-five percent
(65%), sixty-five percent (65%) or more, is misleading.
(c) "Lean" requirements for fat terms are as follows:
(1) A dog food product that bears on its label the terms
"lean", "low fat", or words of similar designation must:
(A) contain no more than nine percent (9%) crude fat for
products containing less than twenty percent (20%)
moisture, no more than seven percent (7%) crude fat for
products containing twenty percent (20%) or more but less
than sixty-five percent (65%) moisture, and no more than
four percent (4%) crude fat for products containing
sixty-five percent (65%) or more moisture; and
(B) include on the product label in the guaranteed analysis
a maximum crude fat guarantee:
(i) immediately following the minimum crude fat
guarantee in addition to the mandatory guaranteed
analysis information as specified in section 29.5(a)(1) of
this chapter; and
(ii) that is no more than nine percent (9%) crude fat for
products containing less than twenty percent (20%)
moisture, no more than seven percent (7%) crude fat for
products containing twenty percent (20%) or more but
less than sixty-five percent (65%) moisture, and no more
than four percent (4%) crude fat for products containing
sixty-five percent (65%) or more moisture.
(2) A cat food product that bears on its label the terms "lean",
"low fat", or words of similar designation shall:
(A) contain a maximum percentage of crude fat which is no
more than ten percent (10%) crude fat for products
containing less than twenty percent (20%) moisture, no
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more than eight percent (8%) crude fat for products
containing twenty percent (20%) or more but less than
sixty-five percent (65%) moisture, and no more than five
percent (5%) crude fat for products containing sixty-five
percent (65%) or more moisture; and
(B) include on the product label in the guaranteed analysis
a maximum crude fat guarantee:
(i) immediately following the minimum crude fat
guarantee in addition to the mandatory guaranteed
analysis information as specified in section 29.5(a)(1) of
this chapter; and
(ii) that is no more than ten percent (10%) crude fat for
products containing less than twenty percent (20%)
moisture, no more than eight percent (8%) crude fat for
products containing twenty percent (20%) or more but
less than sixty-five percent (65%) moisture, and no more
than five percent (5%) crude fat for products containing
sixty-five percent (65%) or more moisture.
(d) "Less" or "reduced fat" requirements for fat terms for a
dog or cat food product that bears on its label a claim of "less fat",
"reduced fat", or words of similar designation, must include the
following on the label:
(1) The name of the product of comparison and the
percentage of fat reduction (expressed on an equal weight
basis) explicitly stated and juxtaposed with the largest or most
prominent use of the claim on each panel of the label on where
the term appears.
(2) The comparative statement printed in type of the same
color and style and at least half the type size used in the claim.
(3) A maximum crude fat guarantee in the guaranteed
analysis immediately following the minimum crude fat
guarantee in addition to the mandatory guaranteed analysis
information as specified in section 29.5(a)(1) of this chapter.
(e) A comparison on the label between products in different
categories of moisture content, that is, less than twenty percent
(20%), twenty percent (20%) or more but less than sixty-five
percent (65%), sixty-five percent (65%) or more, is misleading.
SECTION 31. IC 15-19-7-28.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 28.2. (a) The label of a pet food
or specialty pet food must specify the name and address of the
manufacturer or distributor. The statement of the place of business
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must include the street address, city, state, and ZIP code. However,
the street address may be omitted if the street address is shown in
a current city directory or telephone directory for the city listed on
the label.
(b) When a person manufactures or distributes a pet food or
specialty pet food in a place other than the principal place of
business, the label may state the principal place of business in lieu
of the actual place where each package of the pet food or specialty
pet food was manufactured or package or from where each
package is to be distributed.
SECTION 32. IC 15-19-7-29, AS AMENDED BY P.L.13-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 29. A commercial feed is considered adulterated
if it meets any of the following conditions:
(1) It bears or contains a poisonous or deleterious substance that
may render it injurious to health. However, if the substance is not
an added substance, the commercial feed is not considered to be
adulterated under this subdivision if the quantity of the substance
in the commercial feed does not ordinarily render it injurious to
health.
(2) It contains an added poisonous, added deleterious, or added
nonnutritive substance that is unsafe within the meaning of
Section 406 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agricultural
commodity; or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within the
meaning of Section 409 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticide
chemical that is unsafe within the meaning of Section 408(a) of
the federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).
However, if a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption granted
or a tolerance prescribed under Section 408 of the federal Food,
Drug, and Cosmetic Act (21 U.S.C. 346a) and the raw agricultural
commodity has been subjected to processing, such as canning,
cooking, freezing, dehydrating, or milling, the residue of the
pesticide chemical remaining in or on the processed feed is not
considered unsafe if:
(A) the residue in or on the raw agricultural commodity has
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been removed to the extent possible in good manufacturing
practice;
(B) the concentration of the residue in the processed feed is
not greater than the tolerance prescribed for the raw
agricultural commodity; and
(C) the feeding of the processed feed will not result, or is not
likely to result, in a pesticide residue in the edible product of
the animal that is unsafe within the meaning of Section 408(a)
of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(a)).
(5) It is, or it contains, a color additive that is unsafe within the
meaning of Section 721 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in part
omitted or abstracted from the commercial feed or any less
valuable substance has been substituted for a valuable constituent.
(8) Its composition or quality falls below or differs from that
which it is purported or is represented to possess by its labeling.
(9) It contains a drug and the methods used in or the facilities or
controls used for its manufacture, processing, or packaging do not
conform to current good manufacturing practice rules. adopted by
the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and
(B) has the identity and strength, and meets the quality and
purity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the current
good manufacturing practice regulations for Type A medicated
articles and Type B and Type C medicated feeds established
under authority of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), unless the state chemist determines that they
are not appropriate to the conditions that exist in Indiana.
(10) It contains viable weed seeds in amounts exceeding the limits
the state chemist establishes by rule.
(11) It consists in whole or in part of any filthy, putrid, or
decomposed substance, or it is otherwise unfit for feed.
(12) It has been prepared, packed, or held under unsanitary
conditions under which:
(A) it may become contaminated with filth; or
(B) it may have become injurious to health.
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(13) It is, in whole or in part, the product of a diseased animal or
of an animal that has died by means other than slaughter.
(14) It is unsafe within the meaning of Section 402(a)(1) or
402(a)(2) of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(a)(1) and 21 U.S.C. 342(a)(2)).
(15) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(16) It has been intentionally subjected to radiation, unless the use
of radiation was in conformity with a regulation or exemption in
effect under Section 409 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
SECTION 33. IC 15-19-7-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 29.5. (a) The guaranteed analysis
must be listed in the following order and format unless otherwise
specified in this chapter:
(1) A pet food or specialty pet food label must list the
following required guarantees:
(A) Minimum percentage of crude protein.
(B) Minimum percentage of crude fat.
(C) Maximum percentage of crude fat, if required by
section 28.1 of this chapter.
(D) Maximum percentage of crude fiber.
(E) Maximum percentage of moisture.
(F) Additional guarantees must follow moisture.
(2) When ash is listed in the guaranteed analysis on a pet food
or specialty pet food label, it must be guaranteed as a
maximum percentage and must immediately follow moisture.
(3) A dog or cat food label must list other required or
voluntary guarantees in the same order and units of the
nutrients in the Association of American Feed Control
Officials dog (or cat) food nutrient profiles. Guarantees for
substances not listed in the Association of American Feed
Control Officials dog (or cat) food nutrient profiles, or not
otherwise provided for in this chapter, must immediately
follow the listing of the recognized nutrients and must be
accompanied by an asterisk referring to the disclaimer "Not
recognized as an essential nutrient by the Association of
American Feed Control Officials dog (or cat) food nutrient
profiles.". The disclaimer must appear immediately after the
last guarantee in the same size type as the guarantees.
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(4) A specialty pet food label must list other required or
voluntary guarantees as required by section 26.3(k) of this
chapter.
(b) The sliding scale method of expressing a guaranteed analysis
on a pet food or specialty pet food label (for example, "Minimum
crude protein 15-18%") is prohibited.
(c) The label of a pet food or a specialty pet food that is
formulated as and represented to be a mineral supplement must
include minimum guarantees for all minerals from sources
declared in the ingredient statement:
(1) established by an Association of American Feed Control
Officials recognized nutrient profile, expressed as the element
in units specified in the nutrient profile; or
(2) expressed as the element in units specified in section
26.6(b) of this chapter when no species specific nutrient
profile has been recognized by Association of American Feed
Control Officials.
Mineral guarantees required by this subsection may be expressed
in milligrams per unit, for example, tablets, capsules, granules, or
liquids, consistent with those employed in the quantity statement
and directions for use, and a weight equivalent, for example, one
(1) fluid ounce equals twenty-eight (28) grams, for liquid products.
(d) The label of a pet food or a specialty pet food that is
formulated as and represented to be a vitamin supplement must
include minimum guarantees for all vitamins from sources
declared in the ingredient statement:
(1) established by an Association of American Feed Control
Officials recognized nutrient profile, expressed in units
specified in the nutrient profile; or
(2) expressed in units specified in section 26.6(b) of this
chapter when no species specific nutrient profile has been
recognized by Association of American Feed Control
Officials.
Vitamin guarantees required by this subsection may be expressed
in approved units, for example, IU, mg, g, per unit, tablets,
capsules, granules, or liquids, consistent with those employed in the
quantity statement and directions for use, and a weight equivalent,
for example, one (1) fluid ounce equals twenty-eight (28) grams, for
liquid products.
(e) When the label of a pet food or specialty pet food includes a
comparison of the nutrient content of the food with levels
established by an Association of American Feed Control Officials
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47
recognized nutrient profile, such as a table of comparison, a
percentage, or any other designation referring to an individual
nutrient or all of the nutrient levels, the following apply:
(1) The product must meet the Association of American Feed
Control Officials recognized nutrient profile.
(2) The statement of comparison must be preceded by a
statement that the product meets the Association of American
Feed Control Officials recognized profile. However, the
statement that the product meets the Association of American
Feed Control Officials recognized nutrient profile is not
required if the nutritional adequacy statement as per section
25.7(a)(1) or 25.7(b)(2)(A) of this chapter appears elsewhere
on the product label.
(3) The statement of comparison of the nutrient content
constitute a guarantee but need not be repeated in the
guaranteed analysis.
(4) The statement of comparison may appear on the label
separate and apart from the guaranteed analysis.
(f) The maximum moisture declared on a pet food or specialty
pet food label must not exceed seventy-eight percent (78%) or the
natural moisture content of the ingredients, whichever is higher.
However, pet food and specialty pet food, such as those consisting
principally of stew, gravy, sauce, broth, aspic, juice, or a milk
replacer, and that are so labeled, may contain moisture in excess
of seventy-eight percent (78%).
(g) Guarantees for crude protein, crude fat, and crude fiber are
not required when the pet food or specialty pet food is intended for
purposes other than to furnish these substances or they are of
minor significance relative to the primary purpose of the product,
such as a mineral or vitamin supplement.
(h) Guarantees for microorganisms and enzymes must be stated
in the format as stipulated in sections 26.6(g) and 26.6(h) of this
chapter.
SECTION 34. IC 15-19-7-47 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 47. (a) As used in this section,
"model bill" refers to the Model Regulations for Pet Food and
Specialty Pet Food Under the Model Bill by the Association of
American Feed Control Officials (AAFCO) as published in the
2026 Official Publication of AAFCO.
(b) Notwithstanding any law in this chapter concerning the
labeling review for pet food or specialty pet food, the state chemist
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48
shall review a label for a pet food or specialty pet food using the
requirements of the model bill if the following conditions are met:
(1) The manufacturer or distributor specifically requests the
state chemist to apply the review standards adopted in the
model bill.
(2) The manufacturer or distributor meets the requirements
of:
(A) the model bill; and
(B) the federal Food and Drug Administration
requirements for labeling and manufacturing animal food.
(3) The manufacturer or distributor pays all fees required
under this chapter.
(4) The manufacturer does not commit a prohibited act under
section 40 of this chapter.
(c) The state chemist may use the Association of American Feed
Control Officials (AAFCO) Pet Food Regulations Label Review
Checklist (as published in the current Official Publication of
AAFCO) to determine if a manufacturer or distributor has
complied with the requirements of this section.
SECTION 35. [EFFECTIVE JULY 1, 2026] (a) The following
rules are void:
(1) 355 IAC 6-1.
(2) 355 IAC 6-2.
(b) The publisher of the Indiana Administrative Code and the
Indiana Register shall remove the rules in subsection (a) from the
Indiana Administrative Code.
(c) This SECTION expires July 1, 2027.
SEA 249
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 249Every fact on this page links to its source, starting with the official bill record.