Cal. Code Regs. tit. 3 § 2783

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 2783 - Fats and Oils
(a) General Provisions.
(1) The use of the term "feed grade" requires that the specific type of product be adequately tested to prove its safety for feeding purposes. In mixed feeds containing fats or fat derivatives the term "feed grade" may be omitted in the ingredient declaration.
(2) Any mixture of two or more fats or fat derivatives defined below is to be identified by listing each component: e.g., "animal fat and hydrolyzed vegetable oil."
(3) Fats or fat derivatives must come from acceptable animal feed sources. Waste water sludge that contains sanitary sewer water is not an acceptable source of animal feed. FDA should be contacted regarding the safe use in animal feed of all other sludge material that does not contain sanitary waste water. (Sludge: The suspended or dissolved solid matter resulting from the processing of animal or plant tissue for human food. Waste Water Sludge: The sanitary sewer water and suspended or dissolved solid matter resulting from the processing of animal or plant tissues for human food.)
(b) Animal Fat is obtained from the tissues of mammals and/or poultry in commercial processes of rendering or extracting. It consists predominately of glyceride esters of fatty acids and contains no additions of free fatty acids or other materials obtained from fats. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than 2.5 percent unsaponifiable matter, and not more than one (1) percent insoluble impurities. Maximum free fatty acids and moisture must also be guaranteed. If the product bears a name descriptive of its kind or origin, e.g., "beef," "pork," "poultry," it must correspond thereto. Rendered animal fat derived from only pork raw materials can be labeled as white grease. Rendered animal fat derived from only cattle raw materials can be labeled as beef tallow. Tallow containing greater than 0.15 percent insoluble impurities must be labeled with the BSE caution statement "do not feed to cattle or other ruminants." If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(c) Black Soldier Fly Larvae Oil is the product obtained by mechanically extracting the oil from dried larvae of Black Soldier Fly, Hermetia illucens, that have been raised on a feedstock composed exclusively of feed grade materials. It is intended for use in swine, finfish feed as a source of energy consistent with good feeding practices. It consists predominantly of glyceride esters of fatty acids and contains no additions of free fatty acids or other materials obtained from fats. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than two (2) percent unsaponifiable matter and not more than one (1) percent insoluble impurities. Maximum free fatty acids and moisture must also be guaranteed. If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(d) Calcium Salts of Long-Chain Fatty Acids are the reaction products between calcium and long-chain fatty acids of vegetable and/or animal origin. They shall contain a maximum of 20 percent lipid not bound in the calcium salt form and the percent total fat shall be indicated. The unsaponifiable matter (exclusive of calcium salts) shall not exceed four (4) percent and moisture shall not exceed five (5) percent. If an antioxidant(s) is used, its common name(s) must be indicated on the label. Prior to conducting an assay for total fats, hydrolysis of the calcium salts should be performed to liberate the lipid fraction.
(e) Corn Syrup Refinery Insolubles, Feed Grade, is obtained in the refining of a corn syrup. It consists predominantly of the fatty fraction of corn starch together with protein and residual carbohydrate. It may contain water and not more than seven (7) percent ash nor less than 50 percent fat on a water-free basis.
(f) [Specify] Distillers Oil, Feed Grade, is obtained after the removal of ethyl alcohol by distillation from the yeast fermentation of a grain or a grain mixture and mechanical or solvent extraction of oil by methods employed in the ethanol production industry. It consists predominantly of glyceride esters of fatty acids and contains no additions of free fatty acids or other materials obtained from fats. It must contain, and be guaranteed for, not less than 85 percent total fatty acids, not more than 2.5 percent unsaponifiable matter, and not more than one (1) percent insoluble impurities. Maximum free fatty acids and moisture must be guaranteed. If an antioxidant(s) is used, the common or usual name must be indicated, followed by the words "used as a preservative." If the product bears a name descriptive of its kind or origin, e.g., "corn, sorghum, barley, rye," it must correspond thereto with the predominating grain declared as the first word in the name on the label; for example, "Corn Distillers Oil, Feed Grade."
(g) [Specify] Ester [Specify], Feed Grade (21 CFR 573.640), is the product consisting of methyl, ethyl, or other non-glyceride ester of fatty acids derived from animal and/or vegetable fats. It consists predominantly of the ester and must contain not less than 85 percent total fatty acids, not more than 10 percent free fatty acids, not more than six (6) percent unsaponifiable matter (two (2) percent for methyl esters) and not more than one (1) percent insoluble matter. Its source must be stated in the product name on the label; e.g., "methyl ester of animal fatty acids," "ethyl ester of vegetable oil fatty acids." Methyl esters must contain not more than 150 parts per million (0.015 percent) free methyl alcohol. If an antioxidant(s) is used, the common name or names must be indicated, followed by the word "preservative(s)."
(h) Gamma-Linolenic Acid Safflower Oil (21 CFR 573.492). The food additive gamma-linolenic acid safflower oil may be safely used in animal food as a source of gamma-linolenic acid and other omega-6 fatty acids in accordance with the following conditions:
(1) The additive is the oil obtained from whole seeds and/or partially dehulled seeds of a Carthamus tinctorius L. safflower Centennial variety genetically engineered to express the delta-6-desaturase gene from Saprolegnia diclina Humphrey. The 453 amino acid, delta-6-desaturase enzyme converts the fatty acid linoleic acid to gamma-linolenic acid (all-cis-6,9,12-octadecatrienoic acid) during seed development.
(A) The additive obtained from the seeds of the genetically engineered safflower Centennial variety may be blended with oil obtained from seeds of non-engineered oleic acid safflower varieties in order to meet the specifications required for the additive or the blend in this section.
(B) The additive or a safflower oil blend containing the additive for use in animal food meets the following specifications: Crude fat content of the additive or the safflower oil blend is not less than 99.5 percent. Gamma-linolenic acid content is between 350 and 450 milligrams gamma-linolenic acid per gram of the additive or the safflower oil blend. Total content of stearidonic acid and cis, cis-6,9-octadecadienoic acid in the additive or the safflower oil blend must not exceed a total of 0.3 percent.
(2) To assure safe use of the additive, in addition to other information required by the FD&C, the label and labeling of the additive shall bear the following: The name of the additive, gamma-linolenic acid safflower oil, or GLA safflower oil; a guarantee for the minimum content of gamma-linolenic acid; and adequate directions for use such that the finished animal food complies with the provisions of this section.
(i) Hydrolyzed [Specify] Fat, or Oil, Feed Grade, is obtained in the fat processing procedures commonly used in edible fat processing or soap making. It consists predominately of fatty acids and must contain, and be guaranteed for, not less than 85 percent total fatty acids, not more than six (6) percent unsaponifiable matter, and not more than one (1) percent insoluble impurities. Maximum moisture must also be guaranteed. Its source must be stated in the product name on the label; e.g., "hydrolyzed animal fat," "hydrolyzed vegetable fat," or "hydrolyzed animal and vegetable fat." If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(j) Hydrolyzed [Specify] Sucrose Polyesters, Feed Grade, is the product resulting from the acid hydrolysis of sucrose polyesters, such as olestra, to make them digestible. It shall consist predominantly of fatty acids and contain, and be guaranteed for, not less than 85 percent total fatty acids, not more than two (2) percent Sucrose Polyesters (hex ester and above), not more than two (2) percent unsaponifiable matter, and not more than two (2) percent insoluble impurities. Maximum moisture must also be guaranteed. Its source must be stated in the product name on the label; e.g., "Hydrolyzed animal sucrose polyesters," "Hydrolyzed vegetable sucrose polyesters," or "Hydrolyzed animal and vegetable sucrose polyesters." If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(k) Methyl Esters of Conjugated Linoleic Acid (cis-9, trans-11 and trans-10, cis-12-octadecadienoic acids) (21 CFR 573.637) may be safely used in swine feed and feed for early lactation dairy cows (less than 100 days-in-milk) in accordance with the prescribed conditions:
(1) The food additive is manufactured by the reaction of refined sunflower oil with methanol to produce fatty acid methyl esters, which then undergo conjugation to yield methyl esters of octadecadienoic acid. The additive consists of not less than 28 percent methyl ester of cis-9, trans-11-octadecadienoic acid, and not less than 28 percent methyl ester of trans-10, cis-12-octadecadienoic acid with the sum of the other methyl esters of octadecadienoic acid not to exceed four (4) percent. The additive shall contain not less than 35 percent of other fatty acid esters composed of oleic acid, palmitic acid, stearic acid, linoleic acid, and other associated acid esters.
(2) The additive is used or intended for use in the feed of growing and finishing swine as a source of fatty acids at levels not to exceed 0.6 percent in the finished feed.
(3) The additive meets the following specifications:
(A) Free methyl alcohol not to exceed 0.015 percent.
(B) Insoluble impurities not to exceed 0.1 percent.
(C) Moisture not to exceed 0.5 percent.
(D) Unsaponifiable matter not to exceed one (1.0) percent.
(4) To assure safe use of the additive, in addition to the other information required by the FD&C: The label and labeling of the additive and any feed premix shall bear the following: The name of the additive. A statement to indicate that methyl esters of conjugated linoleic acid (cis-9, trans-11 and trans-10, cis-12-octadecadienoic acids) must not be added to vitamin or mineral premixes. The label and labeling of the additive, any feed premix, or complete feed prepared therefrom shall bear adequate directions for use.
(l) Palmitic Acid is a waxy solid derived from the hydrolysis of vegetable oils and/or animal fats. It is used as an energy source in growing and adult ruminant diets up to a maximum inclusion of two (2) percent (weight/weight) in the finished feed. It cannot be used in pre-ruminant animal feed or in milk replacers. The final ingredient is produced by fractional distillation of the hydrolyzed fats and oils. It contains predominantly palmitic acid, with lesser amounts of myristic acid. It must contain, and be guaranteed for, minimum 98 percent palmitic acid, maximum 0.8 percent myristic acid, minimum 99 percent total free fatty acids, maximum one (1) percent sulfated ash, and maximum five (5) parts per million lead. Maximum moisture must also be guaranteed. Animal fats and vegetable oils used in the hydrolysis reaction to produce palmitic acid must meet the specifications stated in the respective definitions for Animal Fat and Vegetable Fat or Oil. If tallow is used, the starting material must comply with the BSE feed regulation under 21 CFR 589.2000 and 589.2001.
(m) Stearic Acid is a waxy solid derived from the hydrolysis of vegetable oils and/or animal fats. It is used as an energy source in growing and adult ruminant diets up to a maximum inclusion of three (3) percent (weight/weight) in the finished feed. It cannot be used in pre-ruminant animal feed or in milk replacers. The final ingredient is produced by fractional distillation of the hydrolyzed fats and oils. It contains predominantly stearic acid, with lesser amounts of palmitic acid. It must contain, and be guaranteed for, minimum 92 percent stearic acid, maximum five (5) percent palmitic acid, minimum 99 percent total free fatty acids, maximum one (1) percent sulfated ash, and maximum five (5) parts per million lead. Maximum moisture must also be guaranteed. Animal fats and vegetable oils used in the hydrolysis reaction to produce stearic acid must meet the specifications stated in the respective definitions for Animal Fat and Vegetable Fat or Oil. If tallow is used, the starting material must comply with the BSE feed regulation under 21 CFR 589.2000 and 589.2001.
(n) Used Cooking Oil, Feed Grade, is the product of used cooking or frying oil from human food preparation, consisting of animal and/or vegetable fats or oils, collected from commercial human food facilities and then heated to reduce moisture. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than one (1) percent unsaponifiable matter, not more than 0.5 percent insoluble impurities, and not more than one (1) percent moisture. Maximum free fatty acids must also be guaranteed. This product may not include recovered trap grease or material recovered from sanitary sewer sources. If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(o) Vegetable Fat, or Oil is the product of vegetable origin obtained by extracting the oil from seeds or fruits which are commonly processed for edible purposes. It consists predominantly of glyceride esters of fatty acids and contains no additions of free fatty acids or other materials obtained from fats. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than two (2) percent unsaponifiable matter and not more than one (1) percent insoluble impurities. Maximum free fatty acids and moisture must also be guaranteed. If the product bears a name descriptive of its kind or origin; e.g., "soybean oil," "cottonseed oil," it must correspond thereto. If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative."
(p) Vegetable Oil Refinery Lipid, Feed Grade, is obtained in the alkaline refining of a vegetable oil for edible use. It consists predominantly of the salts of fatty acids, glycerides, and phosphates. It may contain water and not more than 22 percent ash on a water-free basis. It may or may not be acidulated before using in commercial feeds, but if acidulated, it should be neutralized.
(q) Yellow Grease, Feed Grade, is the rendered product from the tissues of mammals and/or poultry blended with used cooking or frying oil from human food preparation, consisting of animal and/or vegetable fats or oils. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than 2.5 percent unsaponifiable matter, not more than 0.5 percent insoluble impurities, and not more than one (1) percent moisture. Maximum free fatty acids must also be guaranteed. This product may not include recovered trap grease or material recovered from sanitary sewer sources. If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative." If the product contains tallow (from cattle) containing greater than 0.15 percent insoluble impurities, then it must be labeled with the BSE caution statement "do not feed to cattle or other ruminants."

Cal. Code Regs. Tit. 3, § 2783

Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code.

Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code.

1. Amendment of subsection (j) filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).
3. Amendment of subsection (j), new subsection (k) and subsection relettering filed 4-20-2004; operative 4-20-2004 pursuant to Government Code section 11343.4(Register 2004, No. 17).
4. Repealer and new section heading and section filed 11-12-2024 as an emergency; operative 11/12/2024 (Register 2024, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-12-2025 or emergency language will be repealed by operation of law on the following day.