Texas regulates pet food as "commercial feed" under the Texas Commercial Feed Control Act (Texas Agriculture Code, Chapter 141), whose implementing rules are the Texas Commercial Feed Rules (4 TAC Chapter 61). The rules define pet food by reference to the Act: "Pet Food - Any commercial feed prepared and distributed for consumption by a dog or cat or an animal normally maintained in a cage or tank in or near the household(s) of the owner such as, but not limited to, gerbils, hamsters, birds, fish, snakes, and turtles" (§61.002(15)).
Because pet food is a subset of commercial feed, the licensing duty in §61.11 applies to it: "No facility shall distribute commercial feed in Texas until it has received affirmative notification of its licensing either originally or as amended" (§61.11(b)). A license is granted only after "(1) it has filed a completed application form and other information necessary for the conduct of the Service's business; and (2) paid the appropriate fees" (§61.11(a)).
The Service (Texas Feed and Fertilizer Control Service) may require an applicant to submit evidence "respecting the safety and efficacy of any of its commercial feeds, including, but not limited to, labels and labeling, prior to approval of a license application" where "if any feed contains an additive (including drugs, special purpose and/or non-nutritive additives) not previously recognized as safe and effective by the United States Food and Drug Administration for its labeled use or does not possess GRAS animal status" or "if any feed normally exempt, but adulterated, so special control by the Service is necessary" (§61.11(c)). The examples given for the latter include feeds incorporating mycotoxin-contaminated ingredients, ammoniated ingredients or animal litter.