CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 8–Z
210AVAILABILITY OF STATEMENT OF 
REASONS AND RULEMAKING FILE
The Board has compiled a record for this regulatory 
action, which includes the Initial Statement of Reasons 
(ISOR), proposed regulatory text, and all the informa -
tion upon which this proposal is based. This material 
is contained in the rulemaking file and is available for 
public inspection upon request to the contact persons 
named in this notice.
TEXT OF PROPOSAL
Copies of the exact language of the proposed reg -
ulations, any document incorporated by reference, 
and the Initial Statement of Reasons, and all of the in -
formation upon which the proposal is based, may be 
obtained upon request from the Board of Pharmacy 
at 2720 Gateway Oaks Drive, Suite 100, Sacramen -
to, California 95833, or from the Board of Pharmacy’s 
website at http://www.pharmacy.ca.gov/laws_regs/
pending_regs.shtml .
AVAILABILITY OF CHANGED OR 
MODIFIED TEXT
After considering all timely and relevant comments, 
the Board, upon its own motion or at the request of any 
interested party, may thereafter adopt the proposals 
substantially as described below or may modify such 
proposals if such modifications are sufficiently related 
to the original text. With the exception of technical 
or grammatical changes, the full text of any modified 
proposal, with the modifications clearly indicated, 
will be available for review and written comment for 
15 days prior to its adoption from the person desig -
nated in this notice as the Contact Person and will be 
mailed to those persons who submit written comments 
or oral testimony related to this proposal or who have 
requested notification of any changes to the proposal.
AVAILABILITY AND LOCATION OF THE 
FINAL STATEMENT OF REASONS AND 
RULEMAKING FILE
All the information upon which the proposed reg -
ulations are based is contained in the rulemaking file 
which is available for public inspection by contacting 
the person named below.
You may obtain a copy of the final statement of rea -
sons once it has been prepared by making a written 
request to the Contact Person named below or by ac -
cessing the website listed below.CONTACT PERSON
Inquiries or comments concerning the proposed 
rulemaking action may be addressed to:
Name: Lori Martinez
Address: 2720 Gateway Oaks Drive, Suite 100
Sacramento, CA 95833
Phone Number: (916) 518–3100
Fax Number: (916) 574–8618
Email Address:  
PharmacyRulemaking@dca.ca.gov
The backup contact person is:
Name: Julie Ansel
Address: 2720 Gateway Oaks Drive, Suite 100
Sacramento, CA 95833
Phone Number: (916) 518–3100
Fax Number: (916) 574–8618
Email Address:  
PharmacyRulemaking@dca.ca.gov
AVAILABILITY OF DOCUMENTS 
ON THE  INTERNET
Copies of the Notice of Proposed Action, the Initial 
Statement of Reasons, and the text of the regulations 
with modifications noted, as well as the Final State -
ment of Reasons when completed, and modified text, 
if any, can be accessed through the Board of Pharma -
cy’s website at: https://www.pharmacy.ca.gov/laws_
regs/pending_regs.shtml .
TITLE 17.  DEPARTMENT OF 
PUBLIC  HEALTH
PET FOOD LABELING AND 
LICENSING REVISIONS  
(DPH–18–016)
Notice is hereby given that the California Depart -
ment of Public Health (Department) is proposing the 
regulation described below. This additional 45–day 
notice of proposed rulemaking commences a rulemak -
ing to make the regulations permanent after consider -
ing all comments, objections, and recommendations 
regarding the regulation.
PUBLIC PROCEEDINGS
The Department is conducting an additional 45–
day written public proceeding during which time any 
interested person or such person’s duly authorized 
representative may present statements, arguments or 
contentions (all of which are hereinafter referred to as CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 8–Z
211
comments) relevant to the action described in the In -
formative Digest/Policy Statement Overview section 
of this notice.
To request copies of the regulatory proposal in an 
alternate format, please write or call: David Mar -
tin, Office of Regulations, 1415 L Street, Suite 500, 
Sacramento, CA 95814, at (916) 440–7673, email to  
David.martin@CDPH.ca.gov  or use the California 
Relay Service by dialing 711.
PUBLIC HEARING
A public hearing has not been scheduled for this 
rulemaking. However, the Department will conduct a 
public hearing if a written request for a public hearing 
is received from any interested person, or his or her 
authorized representative, no later than 15 days prior 
to the close of the written comment period, pursuant 
to Government Code Section 11346.8.
Assistive Services:
For individuals with disabilities, the Department 
will provide assistive services such as conversion of 
written materials into Braille, large print, audiocas -
sette, and computer disk. For public hearings, assistive 
services can include sign–language interpretation, 
real–time captioning, note takers, reading, or writing 
assistance. To request these assistive services, please 
call (916) 558–1710 or (California Relay at 711 or 
1–800–735–2929), email Regulations@cdph.ca.gov  or 
write to the Office of Regulations at the address noted 
above. Note: The range of assistive services available 
may be limited if requests are received less than 10 
business days prior to public hearing.
WRITTEN COMMENT PERIOD
Written comments pertaining to this proposal, re -
gardless of the method of transmittal, must be received 
by Office of Regulations on April 11, 2024, which is 
hereby designated as the close of the written comment 
period. Comments received after this date will not be 
considered timely.
Written Comments must be submitted as follows:
1. By email to: regulations@cdph.ca.gov . It is re -
quested that email transmission of comments, 
particularly those with attachments, contain the 
regulation package identifier “DPH–18–016” in 
the subject line ; to facilitate timely identification 
and review of the comment;
2. By fax transmission to: (916) 636–6220;
3. By postal service or hand delivered to: California 
Department of Public Health, Office of Regula -
tions, 1415 L Street, Suite 500, Sacramento, CA 
95814.
All comments, including email or fax transmis -
sions, should include the regulation package identi -fier, DPH–18–016 “Pet Food Labeling and Licensing 
Revisions ,” along with your name and your mailing 
address or email address in order for the Department 
to provide copies of any notices for proposed changes 
to the regulation text on which additional comments 
may be solicited.
AUTHORITY AND REFERENCE
The Department proposes this amendment under the 
authority provided in Sections 113115, 131000, 131050, 
131051, 131052, and 131200 of the Health and Safety 
Code. The proposed regulations implement, interpret, 
and make specific Sections 113060, 113065, 113095, 
113100, 113105, 113110, and 113115, of the Health and 
Safety Code.
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
Summary of Proposal
This proposal would amend the Labeling and Li -
censing Requirements of Sections 19025 and 19041 
(respectively) of the regulations set forth in Title 17, of 
the California Code of Regulations (CCR) which re -
late to the Pure Pet Food Act of 1969 (Act). In regard to 
labeling, the amendment would permit pet food pro -
ducers who meet the requirements set forth in Section 
19025 to use the terms “human grade” and “natural” 
in describing their processed pet food products, delete 
unclear and non–specific language related to the term 
human grade. In regard to licensing, the amendment 
to Section 19041 would align the fees and license pe -
riod noted in the regulations with the fees and license 
period set forth in the Health and Safety Code. Finally, 
non–substantive changes are also proposed.
Background
A valid Pet Food Processor License (if manufac -
turing in–state) or Registration Certificate (if manu -
facturing out–of–state for import into California), is -
sued by the California Department of Public Health 
(Department) Food and Drug Branch, is required to 
manufacture or sell processed pet food in California. 
An individual or company seeking a license or regis -
tration certificate submits an application, a representa -
tive label from the product, and a license or registra -
tion certificate fee to the Department’s Food and Drug 
Branch.
The Department received a formal petition from a 
processed pet food producer regarding the labeling re -
quirements set forth in Section 19025 (hereinafter pro -
cessed pet food producers will be generically referred 
to as “producers” or a “producer”). The petitioner was 
sued for deceptive and misleading labeling as it had 
labeled its pet food as “natural.” The petition stated 
the petitioner is in compliance with the Association CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 8–Z
212of American Feed Control Officials, Inc. Official Pub -
lication (AAFCO OP) on the use of the term natural 
on the label and asked for clarification of Department 
regulations. Existing regulations set forth in Section 
19025 do not address the use of the term “natural” on 
a processed pet food label.
Also, during the comment period on the petition, the 
Department received a request from a different pro -
ducer regarding Section 19025, subsection (g), which 
prohibits producers from using the terms “fit for hu -
man food,” “fit for human consumption,” or “any sim -
ilar terms” on their labels. The commenter previously 
submitted an application for a license to the Depart -
ment. The application included a representative label 
from the products it wished to sell in California, which 
included the term human grade. The Department de -
nied the application under subsection (g)’s prohibition 
of the terms “fit for human food,” “fit for human con -
sumption,” or “any similar terms” (emphasis added) 
because human grade was a “similar” enough term to 
deny the application. The producer noted the AAFCO 
OP permits use of the term human grade on pet food 
labels, which appears to be inconsistent with this sub -
section of the regulations. In addition to this comment 
from the producer, the Department received a number 
of correspondences from consumers asking that pro -
ducers be permitted to offer human grade pet food in 
California.
Considering the changing pet food market, the De -
partment agrees an amendment is necessary to pro -
vide clarity and consistency for the nationwide in -
dustry and California consumers while continuing to 
ensure the quality and safety of processed pet food. 
Additionally, an amendment to the licensing section 
would align language in the CCR and the Act.
Existing Laws and Regulations : The Department 
evaluated this proposal and determined, if adopted, it 
will not be incompatible or duplicative with existing 
state or federal regulations. No statute or regulation 
conflicts with this proposed regulatory update. No 
other State regulation addresses the same subject mat -
ter, and this proposal is not inconsistent or incompati -
ble with other state regulations.
Problem Statement
The Department recognizes the pet food market 
has changed from when these regulations were orig -
inally adopted. Today both producers and customers 
desire to sell and have access to a wider variety of op -
tions. Therefore, the Department proposes amending 
the regulations to permit producers to use the terms 
“human grade” and “natural” in labeling. This amend -
ment change is necessary to keep in step with the 
changing pet food market, to provide clarity and con -
sistency for the industry and consumers, and to ensure 
the quality and safety of processed pet food. In addi -
tion to the labeling sections noted above, existing reg -ulations include unclear language related to a prohibi -
tion on labeling processed pet food. Specifically, the 
existing regulations include the ambiguous phrase “or 
any similar terms” as related to the prohibited terms 
“fit for human food” or “fit for human consumption.” 
The Department does not intend to permit a producer 
to state or imply processed pet food is meant to be 
eaten by a human; however, it proposes deleting this 
section’s prohibitions on use of “fit for human food,” 
fit for human consumption,” and “any similar terms” 
to harmonize it with the addition of the human grade 
labeling language. Of note, the proposed amendment 
permitting using of the term human grade includes 
limitations and prohibitions, which would prohibit a 
producer from stating or implying its food is anything 
other than pet food.
Finally, during the process of reviewing and up -
dating the regulations, the Department found one 
additional area that would benefit from clarification. 
Specifically, the licensing regulations express the li -
censing fees are different than the Health and Safety 
Code 113065.
Objectives (Goals) of the Regulation
Broad objectives of this proposed regulatory action 
are to:
● Incorporate labeling language based upon guide -
lines from the AAFCO OP to increase consisten -
cy for producers and consumers.
● Clarify ambiguous language in the existing 
regulations.
● Clarify licensing fees for producers.
Anticipated Benefits
Anticipated benefits from this proposed regulatory 
action are:
● Increased clarity of terms regarding regulated 
producers who are permitted to describe pro -
cessed pet food which provides consumers with 
a more complete understanding of what they are 
purchasing for their pets.
● Increased clarity in permissible language regulat -
ed producers can print on a processed pet food la -
bel to protect consumers from confusion as to the 
proper use of the processed pet food.
● Increased consistency for producers selling in 
more than one state.
● Updated labeling language for increased consis -
tency with industry standards.
● Continued protection of the public health and 
safety.
● Protection of the public’s wellbeing through pro -
tection of the health of their pets.
● Updated, clear, and consistent regulations.CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 8–Z
213
Evaluation as to Whether the Proposed Regulations 
Are Inconsistent or Incompatible with Existing State and Federal Regulations
The Department has determined these regulations 
are neither inconsistent nor incompatible with other state regulations. After conducting a review for any other related regulations, the Department has found that these are the only regulations concerning pet food labeling and licensing revisions.
FORMS INCORPORATED BY 
REFERENCE (IDENTIFIED IN THE 
INFORMATIVE  D IGEST)
The Department is proposing to incorporate by ref -
erence Chapter X 1 (ten) of the AAFCO Pet Food and 
Specialty Food Labeling Guide: AAFCO Association of American Feed Control Officials, AAFCO Pet Food and Specialty Pet Food Labeling Guide (Revised May 2016).
MANDATED BY FEDERAL 
LAW  O R  R EGULATIONS
The Department determined these regulations are 
not identical to previously adopted or amended federal regulations.
OTHER STATUTORY REQUIREMENTS
The Department has determined there are no other 
statutory requirements
LOCAL MANDATE
The Department has determined this regulatory ac -
tion would not impose a mandate on local agencies or school districts, nor are there any costs for which re -
imbursement is required by part 7 (commencing with Section 17500) of division 4 of the Government Code.
DISCLOSURES REGARDING THE 
PROPOSED ACTION  
 
FISCAL IMPACT ESTIMATES
● Cost or Savings to Any Local Agency or School District : None.
● Cost or Savings to Any State Agency : None.
● Other Nondiscretionary Cost or Savings Imposed on Local Agencies : None.
● Cost or Savings in Federal Funding to the State : 
None.
1 The AAFCO Pet Food and Specialty Pet Food Labeling Guide 
designates chapters with Roman numerals.HOUSING COSTS
The Department has determined this regulatory 
action will not have any significant effect on housing costs.
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY 
AFFECTING BUSINESS, INCLUDING 
ABILITY TO COMPETE
The proposed regulations will not have any signif -
icant statewide adverse economic impact directly af -
fecting business or the ability of California businesses to compete with businesses in other states.
STATEMENT OF THE RESULTS OF THE 
ECONOMIC IMPACT ASSESSMENT (EIA)
The Department has determined that the proposed 
regulations would not affect the following:
A. The creation or elimination of jobs within the 
state.
B. The creation of new businesses or the elimination 
of existing businesses within the state.
C. The expansion of businesses currently doing 
business within the state.
Anticipated Benefits:
The Department anticipates a benefit to the health 
and welfare of California residents by the enhance -
ment of the public’s wellbeing through protection of the general health and diet of their pets, and a contin-ued protection of the public health and safety. There are no anticipated benefits to worker safety or the state’s environment.
COST IMPACTS ON REPRESENTATIVE 
PERSON OR BUSINESS
The Department is not aware of any cost impacts 
that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
Effect on Small Business
As this regulatory action permits a business to 
choose whether or not to produce or sell pet food un-
der the new labeling guidelines it permissive and not mandatory. The new regulations would affect all busi -
ness including small businesses if they chose to label products based on the labeling guidelines.
ALTERNATIVES CONSIDERED
The Department must determine that no reasonable 
alternative considered by the Department or that has otherwise been identified and brought to the attention CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 8–Z
214of the Department would be more effective in carrying 
out the purpose for which the action is proposed (to 
align 17 CCR with 40 C.F.R. § 745.65 as required by 
40 C.F.R. § 745.325(e)(1)), would be as effective and 
less burdensome to affected private persons than the 
proposed action, or would be more cost–effective to 
affected private persons and equally effective in im -
plementing the statutory intent of 17 CCR section 
35035 or other provision of law.
TECHNICAL, THEORETICAL, AND/
OR EMPIRICAL STUDIES, REPORTS OR 
DOCUMENTS RELIED UPON
None.
CONTACT PERSON
Inquiries regarding the substance of the proposed 
regulations described in this notice may be directed 
to Melissa Vasquez of the Center for Environmental 
Health.
All other inquiries concerning the action described 
in this notice may be directed to David Martin, Office 
of Regulations, at (916) 440–7673.
In any inquiries or written comments, please 
identify the action by using the Department regu -
lation package identifier, DPH–18–016.
A V AILABILITY STATEMENTS
The Department has prepared and has available for 
public review an initial statement of reasons for the 
proposed regulations, all the information upon which 
the proposed regulations are based, and the text of the 
proposed regulations. The Office of Regulations, 1415 
L Street, Suite 500, Sacramento, CA 95814, will be the 
custodian of public records, including reports, docu -
mentation, and other material related to the proposed 
regulations (rulemaking file).
In order to request that a copy of this public notice, 
the regulation text, and the initial statement of reasons 
or alternate formats for these documents be mailed 
to you, please call (279) 217–0836 (or the California 
Relay Service at 711), send an email to regulations@
cdph.ca.gov , or write to the Office of Regulations at 
the address previously noted. Upon specific request, 
these documents will be made available in Braille, 
large print, audiocassette, or computer disk.The full 
text of any regulation which is changed or modified 
from the express terms of the proposed action will be 
made available by the Department’s Office of Regu -
lations at least 15 days prior to the date on which the 
Department adopts, amends, or repeals the resulting 
regulation.Final Statement of Reasons
A copy of the final statement of reasons (when pre -
pared) will be available upon request from the Office 
of Regulations.
INTERNET ACCESS
Materials regarding the action described in this no -
tice (including this public notice, the text of the pro -
posed regulations, and the initial statement of reasons) 
that are available via the Internet may be accessed at 
www.cdph.ca.gov  by clicking on these links, in the 
following order: Decisions Pending & Opportunities 
for Public Participation, Proposed Regulations.
 
PETITION DECISIONS
TITLE 14.  FISH AND GAME 
COMMISSION
NOTICE OF REGULATION 
CHANGE PETITION DECISIONS, 
CALENDAR YEAR 2023
Pursuant to California Government Code, Section 
11340.7, subdivision (d), the California Fish and Game 
Commission (CFGC) hereby provides notice of its de -
cisions for petitions from the public requesting CFGC 
to adopt, amend, or repeal a regulation under its au -
thority, for the calendar year 2023. The reasons sup -
porting CFGC’s determination for each petition may 
be found in the meeting materials and video for each 
meeting at https://fgc.ca.gov/Meetings/2023 ; the meet -
ing date when a final decision was made is provided 
for each petition. Note that petitions that were grant -
ed in part and denied in part are listed under granted 
petitions.
Information on CFGC’s petition process, as well as 
copies of previous petitions, can be found at https://fgc.
ca.gov/Regulations/Petition–for–Regulation–Change . 
If you have any questions, contact the agency contact 
person, Melissa Miller–Henson, Executive Director, 
at fgc@fgc.ca.gov .
Notes: “CCR” refers to the California Code of Regu -
lations, and “F&G Code” refers to the Califor -
nia Fish and Game Code
2023 Granted Regulation Change Petitions
Tracking Number:  2021– 017
Party Submitting the Petition:  Dan Ryan
Subject of Petition:  Mammal hunting: Big game
CCR Title 14 Section(s) Requested to be Affected: