# Title 7 — Agriculture Commissioner

## Article 7-17 — Pet Food and Specialty Pet Food

## Chapter 7-17-06 — Drugs and Pet Food Additives

### § 7-17-06-01. Drugs and pet food additives.

1. An artificial color may be used in a pet food or specialty pet food only if it has been shown to
be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color
in the United States food and drug regulations as safe for use, together with the conditions,
limitations, and tolerances, if any, must be deemed to be satisfactory evidence that the color
is, when used according to regulations, harmless to pets or specialty pets.
2. Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty
pet food that contains additives or drugs, when used according to directions furnished on the
label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may
be established:
a. When the pet food or specialty pet food contains such additives being used in
compliance with the requirements of the applicable regulation under title 21, Code of
Federal Regulations;
b. Which are "prior sanctioned", "informal review sanctioned", or "generally recognized as
safe" for such use; or
c. When the pet food or specialty pet food itself is a drug or contains a drug as defined in
subsection 7 of North Dakota Century Code section 4.1-41-01 and is "generally
recognized as safe and effective" for the labeled use or is marketed subject to an
application approved by the United States food and drug administration under title 21,
United States code 360(b).
3. When a drug is included in a pet food or specialty pet food, the format required by
subsection 1 of chapter 7-16-03 for labeling medicated feeds must be used.
History: Effective July 1, 2020.
General Authority: NDCC 4.1-41-20
Law Implemented: NDCC 4.1-41-05
