Is the dog bakery business regulated? Do you need a license to sell dog treats? We’ll answer all these questions and more in this article.
What Is The AAFCO?
- What Is The AAFCO?
- Definition of Pet Food
- Pet Treat Label Requirements
- State Regulatory Requirements for Pet Food Businesses
- Sales Tax License Or Permit
- Wholesale Distribution
- Do You Need A License To Sell Dog Treats?
- Do Dog Treats Have To Be FDA Approved?
- Do You Need A Commercial Kitchen To Make Dog Treats?
- Do I Need To Register My Home Kitchen With The FDA?
The Association of American Food Control Officials (AAFCO) is a private non-profit association. It’s a voluntary group of local, state, and federal that meet together to share knowledge across state borders on the regulation of pet foods and pet medicines.
The AAFCO is not a regulatory agency and does not regulate pet foods, pet medicines, or pet food businesses. They are headquartered in Champaign, Illinois.
They maintain a database and map of state feed control officials so you can quickly find answers to all your pet food regulatory questions.
The AAFCO assists states and local regulators by providing guides and models to help them form the regulations concerning pet foods.
Definition of Pet Food
Pet foods are comprised of plant or animal matter that are intended for pet consumption.
Why is this important? Because pet treat labels are regulated and have requirements.
While dog training businesses and pet walking businesses aren’t regulated, pet food businesses are.
If you plan to manufacture food for pets be sure to follow all applicable pet food label requirements. The major ones are highlighted below.
Pet Treat Label Requirements
FDA Pet Food Label Requirements
The FDA requires that you send a sample of each type of dog treat to a feed lab for a guaranteed analysis. The analysis will tell you the percent fat, moisture, protein, and other components that make up your pet treat.
With that information you can begin designing your label. The FDA requires the following on your label:
- Clear description of the product
- Quantity of individual pieces inside
- Name and Address of the business or manufacturer
- List of all ingredients based on weight from most to least
For example, let’s say you made the following pumpkin dog treats using this recipe:
- 2 eggs
- 1 cup canned pumpkin
- 1/3 cup peanut butter
- 2 cups flour
- 1/2 teaspoon pumpkin pie spice
To make the label you simply need to list them out in order from greatest to least by weight:
Pumpkin Spice Dog Treats
Ingredients: flour, pumpkin, eggs, peanut butter, spices
The FDA and Health Claims
Health claims on pet food labels are monitored by the FDA. Some health claims have specific guidance on the data you need to collect to prove your claim.
For example, pet foods that claim to help a pet’s urinary tract must provide data to back that up according to guidance document CVM GFI #55.
State Pet Food Label Requirements and Registration
Some states regulate pet food’s manufactured and sold there. The fastest way to find out if your state has these regulations is to check the AAFCO map.
In addition to labeling requirements, some states require you to register your pet food with their local department of agriculture. To do that you may need a guaranteed analysis from a pet feed lab, an ingredient list, and possibly other items.
Each state is different. We’ve compiled a table of all state regulatory requirements.
State Regulatory Requirements for Pet Food Businesses
Below you’ll find a comprehensive list of regulations on pet food businesses by state. Fees have not been included. However, if they require licensing, registration, or inspections expect fees most times as well.
Check your State’s Department of Agriculture for details on fees, renewals, and other requirements.
The list below will tell you exactly which licenses and registrations you need to sell dog treats and pet treats in your state.
|State||Pet Food Manufacturing License Required?||Individual Pet Food Registration Required?||Inspections Required?1||Inspection Frequency|
|New York||Yes||Yes||No for <100 tons, Yes above||Annual|
|Texas||Yes||Yes||Yes||Quarterly or Annual|
1 – Most inspections have fees per ton of product inspected. See your state for details
Last Updated: 2020 – Check your local State regs for updates – https://www.aafco.org/Regulatory/State-Information
Sales Tax License Or Permit
Most states require a sales tax license to sell in that state. Often your county or city will require this as well. You’ll need to check your city, county, and state tax departments to see if you need this or not.
Sales tax can be quite complicated. If you are going to sell online we recommend doing one of the following:
- Find and consult a tax professional! This article is for information purposes only! We don’t know everything and can’t legally advise you. Sales tax is crazy complicated. Get help.
- Sell through Amazon and get tax help to make sure Amazon’s is collected all necessary state and local taxes. For each area you collect sales tax, you’ll have to register with that government entity and pay those taxes directly.
- Use TaxJar.com. They can monitor your Amazon or your own website’s sales, tell you how much you owe and to who, and even give you pre-filled forms to easily submit and pay your sales tax.
Wholesale distribution gives you a path to skip sales tax. Instead of registering for sales tax in every state, you simply sell your treats through a wholesale distributor.
They pass it along to retailers. Then at that level the retailer pays the local sales taxes.
This is also a great (and often only) way to get your products into lots and lots of brick and mortar physical stores around the country.
This is a great option to diversify yourself from being too reliant on any big players like Amazon, Chewy, or Etsy.
Do You Need A License To Sell Dog Treats?
Yes! At a minimum you’ll need a business license for you state. Then each state is different. Some will require a license for your manufacturing facility (e.g. your kitchen!). Some will require registration of each new dog treat you create and intend to sell.
See our complete list state by state of all licensing and registration requirements above.
Do Dog Treats Have To Be FDA Approved?
No! You don’t need FDA approval for each treat you create. The FDA would be overwhelmed by this!
Instead, you do need to use FDA approved ingredients. From there you can make anything to your hearts desire. See an explanation of safe foods and additives on the FDA website here.
Do You Need A Commercial Kitchen To Make Dog Treats?
Maybe! It depends on your state. Many states require get a license for your manufacturing facility. Each license will have different requirements.
We made a table showing all states registration and licensing needs. You can scan that above. If you’re state requires licensing for manufacturing then call your State’s Department of Agriculture to find out exactly what they require to get licensed.
Yes, you may need specialty equipment but you may not. The list includes Puerto Rico and Canada.
Do I Need To Register My Home Kitchen With The FDA?
Absolutely not. You may need to register it with the state though. See answer above as well as a table of all State’s requirements. Use the AAFCO website for google your State’s Department of Agriculture to get the details you’ll need to follow.