Although it might seem like a very basic question, pet food encompasses more than complete diets. It includes treats and they are regulated the same as pet food. According to the Association of American Feed Control Officials (AAFCO), pet food is defined as any commercial (i.e. you offer for sale, sell, exchange or barter) feed prepared and distributed for consumption by dogs or cats. This can include, but is not limited to complete and balanced foods, treats, nutritional supplements, nutrient-added water and edible chews (rawhides, hooves, pizzles/bully sticks). Commercial pet food includes food sold at farmer’s markets, over the internet, at a veterinarian’s office or in a local store (AAFCO).

Although this series of publications may reference the Association of American Feed Control Officials (AAFCO), this association does not regulate pet food. AAFCO is composed of feed investigators at the state level and includes the Canadian Food Inspection Agency (CFIA). This association provides guidance and recommendations for the regulation of animal food, including labeling guidelines and new ingredient approvals.

Pet food, like all animal food, is regulated at the federal and state levels by the U.S. Food and Drug Administration (FDA) and in conjunction with state departments of agriculture. In North Carolina, the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) conducts many of the FDA inspections of animal food facilities on behalf of the FDA.

For smaller, in-home manufacturers, there is no requirement to register with the FDA, but there is a requirement to register with the state department of agriculture no matter what size facility or how much product you produce. Since this publication is specific to production in North Carolina, the information will be specific to the requirements for producers in North Carolina.

According to the North Carolina Commercial Feed Law of 1973, No person shall manufacture or distribute a commercial feed in this state, unless he has filed with the commissioner on forms provided by the commissioner, his name, place of business, and location of each manufacturing facility in this state, if any, and made application to the commissioner for a permit to report the quantity of commercial feed distributed in this state.

Facility registration forms can be found on the North Carolina Department of Agriculture and Consumer Services website and are linked in this publication.

The following steps are recommended to go through the registration process:

1. Register your business entity as a legal business with either the Secretary of State or through your county’s registration process.
2. Review the New Firm/New Product Registration Instructions.
3. Complete the New Firm Account Information form through the NCDA&CS.
4. Complete the New Brand Template form for the NCDA&CS. There is also an example form on their website.
5. Provide the NCDA&CS with your label for review. There is information on the Feed Milling website about labeling.
6. Complete the New Facility Registration form.

There is also a registration fee associated with producing food for animals in North Carolina. These fees can be found on the NCDA&CS Feed Program website.

If you intend to sell your product outside the state of North Carolina, be sure to take a look at the commercial feed laws for those states to make sure your product meets the requirements under those regulations. This is especially important with regard to the labeling requirements in each state.

For information on pet food labeling requirements in North Carolina or other states, visit the Pet Food Labeling Requirements factsheet.

It is ultimately the responsibility of the business owner and producer to stay informed on the existing and changing regulations regarding pet food production. There are a number of resources available to stay up to date with any changes in regulations, including the AAFCO website, Cooperative Extension websites, and state department of agriculture websites.

It is important to be aware of the animal food regulations in the state where products are manufactured. The North Carolina Commercial Feed Law is available online for reference.

• Do I need to have an inspection prior to submitting a registration or beginning to sell?

  • No! You do not need to be inspected prior to submitting a registration or beginning to sell products. You will need to be prepared to be inspected at any given time once you start production.

• Can I have pets in my home if I want to manufacture pet food/treats in my home?

  • Yes you can! In fact, pets make the best taste-testers! You will still need to be sure to have a clean environment in order to make safe, high-quality products.

• Where can I send my products for guaranteed analysis?

  • There are a number of commercial labs you can utilize to obtain metrics for a guaranteed analysis. We have provided a list of commercial feed labs on our website.

This publication was supported by the Food and Drug Administration (FDA) of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award [FAIN] totaling $250,000 with 100 percent funded by FDA]/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by FDA/HHS, or the U.S. Government.