Florida 2023 2023 Regular Session

Florida House Bill H0959 Enrolled / Bill

Filed 05/02/2023

                            
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CS/HB 959  	2023 Legislature 
 
 
 
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      1 
An act relating to dosage form animal health products; 2 
amending s. 580.031, F.S.; providing a definition; 3 
amending s. 580.051, F.S.; providing an exception from 4 
guaranteed analysis requirements for products sold 5 
solely as dosage form animal products; providing 6 
labeling requirements for dosage form animal products; 7 
providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Subsections (9) through (24) of section 12 
580.031, Florida Statutes, are renumbered as subsections (10) 13 
through (25), respectively, and a new subsection (9) is added to 14 
that section to read: 15 
 580.031  Definitions of words and terms. —As used in this 16 
chapter, the term: 17 
 (9)  "Dosage form animal product" means a feedstuff that 18 
includes any product intended to affect the structure or 19 
function of the animal's body other than by providing nutrition 20 
to the animal. 21 
 (a)  The term includes oils, tinctures, caps ules, tablets, 22 
liquids, and chewables. 23 
 (b)  The term does not include: 24 
 1.  Minerals or vitamins; 25          
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 2.  Products represented as a primary meal for the intended 26 
animal species; 27 
 3.  Products intended as a treat; 28 
 4.  Dental products providing mechanical or abrasive action 29 
or both; or 30 
 5.  Drugs, biologics, parasiticides, medical devices, or 31 
diagnostics used to treat, or administered to, animals pursuant 32 
to: 33 
 a.  The United States Food and Drug Administration Federal 34 
Food, Drug, and Cosmetic Act, 21 U.S.C. ss . 301 et seq., as 35 
amended; 36 
 b.  The United States Department of Agriculture federal 37 
Virus-Serum-Toxin Act, 21 U.S.C. ss. 151 et seq., as amended; or 38 
 c.  The United States Environmental Protection Agency 39 
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 40 
ss. 136 et seq., as amended. 41 
 42 
Except as provided by law or rule, all terms used in connection 43 
with commercial feed or feedstuff have the meanings ascribed to 44 
them by the Association of American Feed Control Officials. 45 
 Section 2.  Subsection (1) of section 580.051, Florida 46 
Statutes, is amended to read: 47 
 580.051  Labels; requirements; penalty. — 48 
 (1)  Any commercial feed or feedstuff distributed in this 49 
state, except a customer -formula feed and feed distributed 50          
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through an integrated poultry operation or by a cooperative to 51 
its members, shall be accompanied by a legible label bearing all 52 
information required by the federal Food and Drug Administration 53 
and the following information: 54 
 (a)  An accurate statement of the net weight. 55 
 (b)  The name and principal address of the registrant. 56 
 (c)  The brand name and product name, if any, under which 57 
the commercial feed is distributed. The word "medicated" shall 58 
be incorporated as part of the brand or product name if the 59 
commercial feed contains a drug. 60 
 1.  The department may require feeding directions and 61 
precautionary statements to be placed on the label for the safe 62 
and effective use of medicated and other feed as deemed 63 
necessary. 64 
 2.  Labels on medicated feed shall include all of the 65 
following: 66 
 a.  Any feeding directions prescribed by the department to 67 
ensure safe usage. 68 
 b.  The stated purpose of the medication contained in the 69 
feed as stated in the claim statement. 70 
 c.  The established name of each act ive drug ingredient. 71 
 d.  The level of each drug used in the final mixture 72 
expressed in metric units as well as the required avoirdupois. 73          
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 (d)  The date of manufacture or expiration date of 74 
commercial feed sold at retail as the department may by rule 75 
require. 76 
 (e)  The guaranteed analysis stated in terms that advise 77 
the consumer of the composition of the feed or feedstuff or 78 
support claims made in the labeling. In all cases, the elements 79 
or compounds listed in the analysis must be determinable by 80 
laboratory methods approved by the department. However, products 81 
sold solely as dosage form animal products and guaranteed as 82 
specified in this section need not show a guaranteed analysis. 83 
 1.  The guaranteed analysis, listing the minimum percentage 84 
of crude protein, minimum percentage of crude fat, and maximum 85 
percentage of crude fiber and, when more than 10 percent mineral 86 
ingredients are present, the minimum or maximum percentages of 87 
mineral elements or compounds as provided by rule. 88 
 2.  Vitamin ingredients, when guaranteed, shall be shown in 89 
amounts and terms provided by rule. For mineral feed, the list 90 
shall include the following: maximum or minimum percentages of 91 
calcium (Ca), phosphorus (P), salt (NaCl), iron (Fe), copper 92 
(Cu), cobalt (Co), magnesium (Mg), man ganese (Mn), potassium 93 
(K), selenium (Se), zinc (Zn), and fluorine (F) if ingredients 94 
used as sources of any of these constituents are declared. All 95 
mixtures that contain mineral or vitamin ingredients generally 96 
regarded as dietary factors essential for th e normal nutrition 97 
of animals and that are sold or represented for the primary 98          
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purpose of supplying these minerals or vitamins as additions to 99 
rations in which these same mineral or vitamin factors may be 100 
deficient shall be classified as mineral or vitamin supplements. 101 
Products sold solely as mineral or vitamin supplements and 102 
guaranteed as specified in this section need not show guarantees 103 
for protein, fat, and fiber. 104 
 3.  Other nutritional substances or elements determinable 105 
by laboratory methods may be g uaranteed by permission of, or 106 
shall be guaranteed at the request of, the department as may be 107 
provided by rule. 108 
 (f)  The common or usual name of each ingredient used in 109 
the manufacture of the commercial feed; however, for all 110 
commercial feed except horse feed, the department by rule may 111 
permit the use of collective terms for a group of ingredients 112 
which perform a similar nutritional function. 113 
 (g)  A label on a dosage form animal product must contain 114 
all of the following: 115 
 1.  An accurate statement of the net weight. 116 
 2.  The name and principal address of the registrant. 117 
 3.  The brand name and product name, if any, under which 118 
the dosage form animal product is distributed. 119 
 4.  The date of manufacture or expiration date of the 120 
dosage form animal product s old at retail as the department may 121 
by rule require. 122 
 5.  The amount of each active ingredient per serving. 123          
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CS/HB 959  	2023 Legislature 
 
 
 
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 6.  The common or usual name of each inactive ingredient 124 
contained in the dosage form animal product. 125 
 7.  A statement that identifies how the dosage form animal 126 
product supports the structure or function of the animal. 127 
 8.  Precautionary statements and warnings required to 128 
ensure the safe and effective use of the dosage form animal 129 
product. 130 
 9.  Recommended dosage by animal weight. 131 
 10.  The statement "Not for human consumption." 132 
 Section 3.  This act shall take effect October 1, 2023. 133