California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 2 - Field Crops
Subchapter 2 - Commercial Feed
Article 14 - Definitions and Standards
Section 2804 - Human Food By-Products

Universal Citation: 3 CA Code of Regs 2804

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) 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% 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. Use of this ingredient, from mammalian origins, is restricted to non-ruminant feeds unless specifically exempted by Code of Federal Regulations Title 21, Part 589.2000, April 1, 2021, hereby incorporated by reference. Feeds containing prohibited material must bear the following label statement: "Do not feed to cattle or other ruminants."

(b) Restaurant Food Waste is composed of 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% 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 Code of Federal Regulations Title 21, Part 589.2000, April 1, 2021, hereby incorporated by reference. Feeds containing prohibited material must bear the following label statement: "Do not feed to cattle or other ruminants."

(c) Recovered Retail Food is composed of 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 shall be cleaned and sanitized as necessary. The product must be handled to preserve its safety and nutritional value.

(d) 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."

(e) Wet Apple Pomace as defined under Section 2775(c).

(f) Wet Beet Pulp as defined under Section 2777(b).

(g) Brewers Wet Grains as defined under Section 2778(b).

(h) Condensed Whey-Product as defined under Section 2789(m).

(i) Whey as defined under Section 2789(p).

(j) Condensed Whey Permeate as defined under Section 2789(w).

(k) Condensed Delactosed Whey Permeate as defined under Section 2789(x).

(l) Dairy Food By-Products as defined under Section 2789(z).

(m) Wet Citrus Pulp as defined under Section 2802(g).

(n) Cereal Food Fines as defined under Section 2802(v).

(o) Dried Bakery Product as defined under Section 2802(w).

1. New section filed 3-29-2022; operative 3-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 13). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

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

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