Section 2786 - Human Food By-Products(a) General Provisions.(1) All ingredients must be feed grade. Firms should perform a safety assessment of materials that may be included in the offered feed ingredient, at the maximum use level (including cocoa products and non-nutritive sweeteners), to determine safety for the intended animal species and the safety of milk, meat, or eggs from animals consuming the ingredient. The safety assessment should be archived in the firm's files and provided to state or federal regulators upon request.(b) Cereal Food Fines consists of particles of breakfast cereals obtained as a byproduct of their processing.(c) Cull Fruit or Vegetables means material rejected as inferior during the process of grading or separating. This includes any fruits or vegetables that are left in the field after harvest. The label for these products shall include the word "cull," the name of the product, and a statement to the effect of "not for human consumption" or "for livestock feed only."(d) Dried Apple Pectin Pulp is the sound, dried residue obtained by the removal of pectin from apple products.(e) Dried Apple Pomace is the sound, dried residue obtained by the removal of cider from apples.(f) Dried Bakery Product is a mixture of bread, cookies, cake, crackers, flours, and doughs which has been mechanically separated from non-edible material, artificially dried and ground. If the product contains more than 3.5 percent salt, the maximum percentage of salt must be a part of the name on the label; i.e. Dried Bakery Product with [X]% Salt.(g) [Specify] Dried Beans are the residue of the normal packaging and processing of a specified variety of dried beans for human consumption. This residue shall consist of the broken, small, shriveled, and cull specified variety of beans. They shall be identified by variety such as navy, Northern, pinto, kidney, et al. Where further processing, such as grinding, roasting, etc., has occurred, ground, roasted, or other acceptable description may be part of the name on the label, i.e., ground roasted pinto dried beans.(h) Dried Potato Products is the dried residue of potato pieces, peeling, culls, etc., obtained from the manufacture of processed potato products for human consumption. The residue may contain up to three (3) percent hydrate of lime which may be added to aid in processing.(i) Dried Tomato Pomace is the dried mixture of tomato skins, pulp, and crushed seeds. If the pomace contains spices used in the production of the tomato product, this must be shown in the name as "Dried Spiced Tomato Pomace."(j) Food Processing Waste is composed of any and all animal and vegetable products from basic food processing. This may include manufacturing or processing waste, cannery residue, production over-run, and otherwise unsaleable material. The guaranteed analysis shall include the maximum moisture, unless the product is dried by artificial means to less than 12 percent moisture and designated as "Dehydrated Food Processing Waste." If part of the grease and fat is removed, it must be designated as "Degreased." Use of this ingredient, from mammalian origins, is restricted to non-ruminant feeds unless specifically exempted by 21 CFR 589.2000. Feeds containing prohibited material must bear the following label statement: "Do not feed to cattle or other ruminants." This ingredient may contain materials subject to the Swine Health Protection Act and may require additional processing controls, if fed to swine. Prior to the use of this ingredient for the feeding of swine or its use in the manufacturing of an ingredient or feed intended for swine, manufacturers and/or feeders should adhere to the provisions of the Swine Health Protection Act where appropriate ( 9 CFR 166 ).(k) Gelatin By-Products is the dried residue from the various process streams from the manufacture of edible gelatin. The total crude protein content will contain a minimum of 85 percent digestible protein as determined by the AOAC pepsin method 22.025-22.031. A 25 percent maximum of diatomaceous earth will not be exceeded. This product is for use in poultry feeds not to exceed five (5) percent of the total rations.(l) Mixed Feed Nuts are the residue of the normal packaging and processing for human consumption of shelled tree nut and peanut products. This residue shall consist of broken, small, shriveled and cull edible tree nuts or peanuts of two or more kinds and shall be suitable for animal consumption. If salt has been added during processing, a guarantee must be made for maximum sodium.(m) Pasta Product is a mixture of dry, whole and broken particles of noodles, macaroni, spaghetti, etc., or a mixture of these resulting from the manufacturing and packaging of edible pasta products and which has been mechanically separated from any non-edible materials.(n) [Specify] Pomace is the sound residue from the normal processing of fruits for human consumption. This residue shall be suitable for animal feed usage and may contain the skin, peel, seed, and pulp, exclusive of stems except in accordance with good manufacturing practices. It must contain a maximum guarantee for moisture percentage and acid detergent fiber. The source must be declared as the first word in the ingredient name, i.e., apple pomace, grape pomace, etc. Moisture may be removed by an acceptable method and the term "dried" included in the name on the label, i.e., dried apple pomace, etc.(o) Recovered Retail Food is composed of edible human food products safe and suitable for livestock feed that are collected from retail food establishments, domestic holding facilities, and domestic packing facilities. Permitted recovered retail foods are products from overstocks, lacking consumer acceptance, or beyond their sell-by date that include items such as bruised, cut, or overly ripe produce (fruit and vegetables), bakery goods, eggs, and dairy products. It shall be safe and appropriately labeled for its intended use and shall be free of material harmful to animals. Materials excluded from this definition include pet foods and products containing beef, lamb, pork, poultry, fish, or shellfish. It must not contain packaging materials (e.g., plastics, glass, metal, string, Styrofoam, cardboard, and similar materials), flowers, potted plants, or potting soil. The recovered foods shall be collected and intermixed in secure holding containers to exclude unauthorized addition of trash, materials harmful to animals, or infestation and adulteration by pests. Egg and dairy products (and other products ordinarily held at refrigerator temperatures) must be kept in cold storage until the scheduled pick-up. To minimize spoilage, the recovered retail food shall be collected at least weekly, or more frequently if necessary. The establishment should have a sanitation plan in place, and the containers should be cleaned and sanitized as necessary. The collected material may be further processed or delivered as is to an animal feeding facility. The product must be handled to preserve its safety and nutritional value.(p) Restaurant Food Waste is composed of edible food waste collected from restaurants, cafeterias, and other institutes of food preparation. Processing and/or handling must remove any and all undesirable constituents including crockery, glass, metal, string, and similar materials. The guaranteed analysis shall include maximum moisture, unless the product is dried by artificial means to less than 12 percent moisture and designated as "Dehydrated Restaurant Food Waste." If part of the grease and fat is removed it must be designated as "Degreased." Use of this ingredient, from mammalian origins, is restricted to non-ruminant feeds unless specifically exempted by 21 CFR 589.2000. Feeds containing prohibited material must bear the following label statement: "Do not feed to cattle or other ruminants." This ingredient may contain materials subject to the Swine Health Protection Act and may require additional processing controls, if fed to swine. Prior to the use of this ingredient for the feeding of swine or its use in the manufacturing of an ingredient or feed intended for swine, manufacturers and/or feeders should adhere to the provisions of the Swine Health Protection Act where appropriate ( 9 CFR 166 ).(q) Sugar Foods By-Product is the product resulting from the grinding and mixing of the inedible portions derived from the preparation and packaging of sugar based food products such as candy, dry packaged drinks, dried gelatin mixes, and similar food products which are largely sugar. It shall contain not less than 80 percent total sugar expressed as invert. It shall be free from foreign materials harmful to animals.(r) Wet Food Processing Waste is composed of any and all animal and vegetable products from basic food processing. This may include manufacturing or processing waste, cannery residue, production over-run, and otherwise unsaleable material and is 70 percent moisture or higher. The guaranteed analysis shall include the maximum moisture. If part of the grease and fat is removed, it must be designated as "Degreased." If wet food processing waste is comprised of a single ingredient the label shall additionally specify what the product is, e.g. Wet Food Processing Waste -- Potato Peels. Other examples of Wet Food Processing Waste may include, but are not limited to, tomato pomace, citrus pulp, beet pulp, and apple pomace. Use of this ingredient, from mammalian origins, is restricted to non-ruminant feeds unless specifically exempted by 21 CFR 589.2000. Feeds containing prohibited material must bear the following label statement: "Do not feed to cattle or other ruminants." This ingredient may contain materials subject to the Swine Health Protection Act and may require additional processing controls, if fed to swine. Prior to the use of this ingredient for the feeding of swine or its use in the manufacturing of an ingredient or feed intended for swine, manufacturers and/or feeders should adhere to the provisions of the Swine Health Protection Act where appropriate ( 9 CFR 166 ).Cal. Code Regs. Tit. 3, § 2786
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code.
1. New 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.