4b 20201211PF4 With Graphics DRAFT[Kv1877650 1877651]

Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 1 Model Regulations for Pet 2 Food and Specialty 3 Pet Food Under the Model Bill 4 5 These Model Regulations are approved by the Association of 6 American Feed Control Officials (AAFCO) under the Model Bill and in 7 conjunction with the Model Regulations. States proposing to adopt these 8 Model Regulations for Pet Food and Specialty Pet Food under their own 9 state feed law are encouraged to adopt AAFCO’s Model Regulations for 10 feed, which also apply to pet food and specialty pet food, unless otherwise 11 noted within these regulations. 12 Pursuant to due publication and public hearing required by the provisions of 13 Chapter ___ of the Laws of this State, the ____has adopted the following Rules 14 and Regulations. 15 16 Regulation PF1. Definitions and Terms 17 The definitions in the Model Bill and Model Regulations shall apply in 18 addition to the following: 19 (a) “All Life Stages” means gestation/lactation, growth, and adult 20 maintenance life stages. 21 (b) “Family” means a group of products, which are nutritionally 22 adequate for any or all life stages based on their nutritional 23 similarity to a lead product, which has been successfully test-fed 24 according to an AAFCO feeding protocol(s). 25 (c) “Immediate Container” means the unit, can, box, tin, bag, or other 26 receptacle or covering in which a pet food or specialty pet food is 27 displayed for sale to retail purchasers, but does not include 28 containers used as shipping containers. 29 (d) “Ingredient Statement” means a collective and contiguous listing on 30 the label of the ingredients of which the pet food or specialty pet 31 food is composed. 32 (e) “Principal Display Panel” means the part of a label that is 33 most likely to be displayed, presented, shown or examined 34 under normal and customary conditions of display for retail 35 sale. 36 (f) “Pet Nutrition Facts” is a graphic box located on the label 37 containing nutritional information for a pet food product. 38 (g) “Specialty Pet Nutrition Facts” is a graphic box located on 39 the label containing nutritional information for a specialty pet 40 food product. 41 ... 42 43 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 44 Regulation PF2. Label Format and Labeling 45 (a) Pet food and specialty pet food shall be labeled with the following 46 information prescribed in this Regulation: 47 (1) Product name and brand name, if any, on the principal 48 display panel as stipulated in Regulation PF3; 49 (2) A Statement specifying the species name of pet or specialty pet 50 for which the food is intended, conspicuously designated on 51 the principal display panel; 52 (3) Quantity statement, as defined in Section 3(s) of this Act 53 and Regulation 3(a)(8) of the Model Regulations, by weight 54 (pounds and ounces, and metric), liquid measure (quarts, 55 pints and fluid ounces, and metric) or by count, on the 56 principal display panel; 57 (4) Pet Nutrition Facts or Specialty Pet Nutrition Facts as stipulated in 58 Regulation PF4; 59 ... 60 61 62 Regulation PF4. Pet and Specialty Pet Nutrition Facts 63 (a) A Pet Nutrition Facts box shall be displayed in a prominent place on the 64 label of all pet foods (including snacks, treats, and food supplements), but 65 not necessarily on the PDP, utilizing the format displayed in PF4(j) in 66 black type with white background under the heading “Pet Nutrition Facts.” 67 The box contains the following required elements: 68 (1) The unit of common measure and its weight in grams. 69 (2) A statement of calorie content and meet all of the following: 70 A. The statement shall indicate Calories per the familiar household 71 unit (i.e. can, cup, treat or piece) as shown in the upper left corner 72 of the Pet Nutrition Facts box. 73 B. The statement shall be measured in terms of metabolizable energy 74 (ME) on an “as fed” basis; and 75 C. The calorie content is determined by one of the following 76 methods: 77 i By calculation using the following “Modified Atwater” 78 formula: ME (kcal/kg) = 10[(3.5 × CP) + (8.5 × CF) + (3.5 × 79 NFE)], where ME = metabolizable energy, CP = % crude 80 protein “as fed,” CF = % crude fat “as fed,” NFE = % 81 nitrogen-free extract (carbohydrate) “as fed,” and the 82 percentages of CP and CF are the average values of these 83 components in the product as determined by sound scientific 84 methods, such as, but not limited to scientifically accurate 85 calculations made from the formula of the product or upon 86 chemical analysis of the product. The NFE is calculated as the 87 difference between 100 and the sum of CP, CF, and the 88 percentages of crude fiber, moisture and ash (determined in the 89 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 same manner as CP and CF); or 90 ii In accordance with a testing procedure established by AAFCO. 91 D. An affidavit shall be provided upon the request of ____ , 92 substantiating that the calorie content was determined by:93 i Regulation PF4(a)(1)(C)(i) in which case the summary data 94 used in the calculation shall be included in the affidavit; or 95 ii Regulation PF4(a)(1)(C)(ii) in which case the summary data 96 used in the determination of calorie content shall accompany 97 the affidavit. 98 E. The calorie content statement shall appear as one of the following: 99 i The heading “Calories per (familiar household unit)” on the 100 label or other labeling shall be followed parenthetically by the 101 word “calculated” when the calorie content is determined in 102 accordance with Regulation PF4(a)(1)(C)(i); or 103 ii The heading “Calories per (familiar household unit)” on the 104 label or other labeling shall be followed parenthetically by the 105 word “fed” when the calorie content is determined in 106 accordance with Regulation PF4(a)(1)(C)(ii). 107 F. Below the calorie content statement, the number of calories 108 contributed by Protein, Fat and Carbohydrate shall be declared 109 after the heading “From:” in kcal. 110 (3) The “Guaranteed Amount” values shall be listed in the following order 111 and the format shown in PF4(j) unless otherwise specified in these 112 Regulations: 113 A. A pet food label shall list the following required guaranteed 114 amounts based upon the following tests; 115 i Protein is minimum percentage of crude protein 116 ii Fat is minimum percentage of crude fat; 117 iii Non Fiber Carbohydrate is maximum percentage equal to [100 118 – (Crude Protein + Dietary Fiber + Moisture + Ash)] 119 (designated on small packages as Carb); 120 iv Dietary Fiber is maximum percentage of total dietary fiber 121 (designated on small packages as Fiber); 122 v Moisture is maximum percentage of moisture; and 123 vi Maximum percentage of crude fat shall be listed as Fat Max 124 between Fat Min and Non Fiber Carbohydrate if required by 125 Regulation PF 9; 126 vii Additional guarantees shall follow moisture below a bold line. 127 B. When ash is listed in the guaranteed amount on a pet food label, it 128 shall be guaranteed as a maximum percentage and shall 129 immediately follow moisture above the bold line. 130 C. When listed on the label of a dog or cat food product, guarantees 131 for dietary starch and sugars shall be stated as maximum 132 guaranteed amounts. Neither guaranteed amount shall be listed 133 without the other. The guaranteed amount for dietary starch shall 134 follow ash, if also listed, or moisture if ash is not listed. The 135 guaranteed amount for sugars shall follow dietary starch. 136 D. A dog or cat food label shall list other required or voluntary 137 guaranteed amounts in the same order and units of the nutrients in 138 the AAFCO Dog (or Cat) Food Nutrient Profiles below a double 139 bolded line. Guaranteed amounts for substances not listed in the 140 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 AAFCO Dog (or Cat) Food Nutrient Profiles, or not otherwise 141 provided for in these Regulations, shall immediately follow the 142 listing of the recognized nutrients and shall be accompanied by an 143 asterisk referring to the disclaimer “not recognized as an essential 144 nutrient by the AAFCO Dog (or Cat) Food Nutrient Profiles.” The 145 disclaimer shall appear immediately after the last such guaranteed 146 amount in the same size type as the guarantees. 147 (4) The “Amount of Nutrient per Familiar Household Measure” for each 148 “Guaranteed Amount” is determined by multiplying the Guaranteed 149 Amount percentage by the number of grams in the familiar household 150 unit. On large packages, this can be found in the upper right (C). On 151 small packages, this is the weight in grams of the container. 152 (b) A Specialty Pet Nutrition Facts box shall be displayed in a prominent place 153 on the label of all specialty pet foods, but not necessarily on the PDP, 154 utilizing the format displayed in PF4(k) in black type with white 155 background under the heading “Specialty Pet Nutrition Facts.” The box 156 contains the following required elements: 157 (1) The unit of common measure and its weight in grams 158 (2) The “Guaranteed Amount” values shall be listed in the following order 159 and format shown in in PF4(k) unless otherwise specified in these 160 Regulations: 161 A. A specialty pet food label shall list the following required 162 guaranteed amounts based upon the following tests; 163 i Protein is minimum percentage of crude protein 164 ii Fat is minimum percentage of crude fat; 165 iii Non Fiber Carbohydrate is maximum percentage equal to [100 166 – (Crude Protein + Dietary Fiber + Moisture + Ash)] 167 (designated on small packages as Carb); 168 iv Dietary Fiber is maximum percentage of total dietary fiber 169 (designated on small packages as Fiber); and 170 v Moisture is maximum percentage of moisture; 171 vi Additional guarantees shall follow moisture below a bold line. 172 B. When ash is listed in the guaranteed amount on a specialty pet 173 food label, it shall be guaranteed as a maximum percentage and 174 shall immediately follow moisture above the bold line. 175 C. A specialty pet food label shall list other required or voluntary 176 guaranteed amounts in the same order and units of the nutrients in 177 an AAFCO-recognized nutrient profile for the specific species; 178 however, if no species-specific AAFCO- recognized nutrient 179 profile is available, the order and units shall follow the same order 180 and units of nutrients in the AAFCO Cat Food Nutrient Profile. 181 Guaranteed amounts for substances not listed in an AAFCO 182 recognized nutrient profile for the specific species of animal shall 183 immediately follow the listing of recognized nutrients and shall be 184 accompanied by an asterisk referring to the disclaimer “not 185 recognized as an essential nutrient by the ________.” (Blank is to 186 be completed by listing the specific AAFCO recognized nutrient 187 profile.) This disclaimer shall appear immediately after the last 188 such guaranteed amount in the same size type as the guarantees. 189 No such disclaimer shall be required unless an AAFCO-190 recognized nutrient profile is available for the specific species of 191 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 specialty pet. 192 (3) The “Amount of Nutrient per Familiar Household Measure” for each 193 “Guaranteed Amount” is determined by multiplying the Guaranteed 194 Amount percentage by the number of grams in the familiar household 195 unit. On large packages, this can be found in the upper right (C). On 196 small packages, this is the weight in grams of the container. 197 (c) The sliding scale method of expressing a guaranteed amount on a pet food 198 or specialty pet food label (for example, “Protein 15–18% Min”) is 199 prohibited. 200 (d) The Pet Nutrition Facts or Specialty Pet Nutrition Facts box of a pet food 201 or a specialty pet food which is formulated as and represented to be a 202 mineral supplement shall include: 203 (1) Minimum guaranteed amounts for all minerals from sources declared 204 in the ingredient statement and established by an AAFCO-recognized 205 nutrient profile, expressed as the element in units specified in the 206 nutrient profile; or 207 (2) Minimum guaranteed amounts for all minerals from sources declared 208 in the ingredient statement expressed as the element in units specified 209 in the AAFCO Cat Food Nutrient Profiles when no species-specific 210 nutrient profile has been recognized by AAFCO; and provided that 211 (3) Mineral guaranteed amounts required by Regulation PF4 (d)(1) and (2) 212 shall be expressed in units consistent with the AAFCO nutrient 213 profiles and in milligrams (mg) per unit (e.g., tablets, capsules, 214 granules, or liquids) consistent with those employed in the quantity 215 statement and directions for use; and 216 (e) The Pet Nutrition Facts or Specialty Pet Nutrition Facts box of a pet food 217 or a specialty pet food which is formulated as and represented to be a 218 vitamin supplement shall include: 219 (1) Minimum guaranteed amounts for all vitamins from sources declared 220 in the ingredient statement and established by an AAFCO-recognized 221 nutrient profile, expressed in units specified in the nutrient profile; or 222 (2) Minimum guaranteed amounts for all vitamins from sources declared 223 in the ingredient statement expressed in units specified in the AAFCO 224 Cat Food Nutrient Profiles when no species-specific nutrient profile 225 has been recognized by AAFCO; and provided that 226 (3) Vitamin guaranteed amounts required by Regulation PF4(e)(1) and (2), 227 shall be expressed in units consistent with the AAFCO nutrient 228 profiles and in approved units (e.g., IU, mg, g) per unit (e.g., tablets, 229 capsules, granules, or liquids) consistent with those employed in the 230 quantity statement and directions for use; and 231 (f) When the label of a pet food or specialty pet food includes a comparison of 232 the nutrient content of the food with levels established by an AAFCO-233 recognized nutrient profile such as a table of comparison, a percentage, or 234 any other designation referring to an individual nutrient or all of the 235 nutrient levels, the following apply; 236 (1) The product shall meet the AAFCO-recognized nutrient profile; and 237 (2) The statement of comparison shall be preceded by a statement that the 238 product meets the AAFCO-recognized profile: however, the statement 239 that the product meets the AAFCO-recognized nutrient profile is not 240 required provided that the nutritional adequacy statement as per 241 Regulation PF7(a)(1) or PF7(b)(2)(A) appears elsewhere on the 242 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 product label; and 243 (3) The statement of comparison of the nutrient content shall constitute a 244 guarantee, but need not be repeated in the guaranteed amount column; 245 and 246 (4) The statement of comparison may appear on the label separate and 247 apart from the guaranteed amount column. 248 (g) The maximum moisture declared on a pet food or specialty pet food label 249 shall not exceed 78.00% or the natural moisture content of the ingredients, 250 whichever is higher. However, pet food and specialty pet food such as, but 251 not limited to, those consisting principally of stew, gravy, sauce, broth, 252 aspic, juice, or a milk replacer, and which are so labeled, may contain 253 moisture in excess of 78.00%. 254 (h) Guarantees for protein, fat, non-fiber carbohydrate and dietary fiber are not 255 required when the pet food or specialty pet food is intended for purposes 256 other than to furnish these substances or they are of minor significance 257 relative to the primary purpose of the product, such as a mineral or vitamin 258 supplement. 259 (i) Guaranteed amounts for microorganisms and enzymes shall be stated in 260 the format as stipulated in Model Regulations 4(g) and (h). The “Amount 261 of Nutrient per Familiar Household Measure” column should be left blank. 262 For enzymes, the explanation of activity units should follow the disclaimer 263 within the box. 264 (j) Pet Nutrition Facts Formatting Guide: 265 266 Minimum requirement for packages with a total printable area greater 267 than or equal to 12 square inches. 268 269 270 Minimum requirement for packages with a total printable area less than 271 12 square inches (small packages). 272 273 274 Sample format for packages with a total printable area greater than or 275 equal to 12 square inches with voluntary guaranteed amounts per PF4 or 276 required additional guaranteed amounts per PF9. 277 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 278 279 280 Sample format for packages with a total printable area less than 12 281 square inches with voluntary guaranteed amounts per PF4 or required 282 additional guaranteed amounts per PF9. 283 284 285 Key for Generic Pet Nutrition Facts Box. 286 Note: Letters below correspond to white letters in black circles 287 conveniently located on the facts box examples above. 288 289 (A) Familiar common measurement, for example 1 can, 1 tray, 1 pouch, 290 1 unit of product (treat, piece, etc.), 1 cup, 1 teaspoon. 291 (B) If unit cited in A needs explanation, provide within the parentheses, 292 for example: “1 cup (8 oz. Standard Measuring Cup)” or “1 fl. oz. = 28 293 grams”. If no explanation is needed, this element is not required. 294 (C) Weight in grams of familiar common measurement cited in A. In 295 cases of non-uniform products that are reported per piece, indicate the 296 average weight and add “(avg)” after the weight. 297 (D) Insert “calculated” or “fed” within the parentheses as appropriate per 298 PF4(a)(1)(C) i or ii. 299 (E) Insert value per PF4(a)(1)(C). 300 (F) Insert number of kilocalories contributed by protein as determined by 301 PF4(a)(1)(C). 302 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 (G) Insert number of kilocalories contributed by fat as determined by 303 PF4(a)(1)(C). 304 (H) Insert number of kilocalories contributed by carbohydrate as 305 determined by PF4(a)(1)(C). 306 (J) Insert a second row for Fat, with guaranteed maximum amount if 307 required by Regulation PF9. 308 (K) Insert a row following moisture when a guaranteed amount for ash 309 and/or dietary starch and sugars is provided. 310 (L) Insert row(s) for other required or voluntary guarantees listed as 311 essential nutrients under a double bolded line per PF4(a)(2)(D). 312 (M) Insert rows for voluntary guarantees for non-essential nutrients per 313 PF4(a)(2)(D). 314 (N) This disclaimer is only required when guaranteed amounts for non-315 essential nutrients are included per PF4(a)(2)(C) or (D). 316 (P) Insert “Cat” or “Dog” as appropriate to intended use of product. 317 (Q) Insert appropriate guaranteed amounts as specified in PF4(a)(2)(A) i 318 – v 319 (R) For small packages only, insert appropriate value determined by 320 multiplying the decimal equivalent of guaranteed amount by the total 321 weight contained in A (ie for a guaranteed amount of 23% and a weight 322 in grams in A of 30, move the decimal on the percent value two places to 323 the left (0.23) and multiply by the weight of the familiar common 324 measurement (30) to get a 6.9 value for R). 325 (S) Insert appropriate value determined by multiplying the decimal 326 equivalent of guaranteed amount by the value cited in C. (ie for a 327 guaranteed amount of 23% and a weight in grams in C of 90, move the 328 decimal on the percent value two places to the left (0.23) and multiply by 329 the weight of the familiar common measurement (90) to get 20.7 value 330 for S). 331 (T) The guaranteed amount shall be listed according to the same units of 332 the nutrients in the AAFCO Dog (or Cat) Food Nutrient Profiles. 333 (U) Calculate value per T. Report in grams for guaranteed amounts that 334 are percentages. When other units are used, report as appropriate (e.g. 335 for a guaranteed amount in IU/kg report in IU, for a guaranteed amount 336 in mg/kg report in mg, etc. 337 (V) The guaranteed amount shall be reported in units consistent with 338 intended use (e.g. percentage, mg/kg, etc.). Guarantees for 339 microorganisms and enzymes shall be stated in the format as stipulated 340 in model reg. 4(g) and 4(h). 341 (W) Calculate value per V. Report in grams for guaranteed amounts that 342 are percentages. When other units are used, report as appropriate (e.g. 343 for a guaranteed amount in IU/kg report in IU, for a guaranteed amount 344 in mg/kg report in mg, etc.). 345 (X) Provide an explanation of enzyme units, if necessary. 346 347 348 (k) Specialty Pet Nutrition Facts Formatting Guide: 349 350 Minimum requirement for packages with a total printable area greater 351 than or equal to 12 square inches. 352 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 353 354 Minimum requirement for packages with a total printable area less than 355 12 square inches (small packages). 356 357 358 Sample format for packages with a total printable area greater than or 359 equal to 12 square inches with voluntary guaranteed amounts per PF4. 360 361 362 Sample format for packages with a total printable area less than 12 363 square inches with voluntary guaranteed amounts per PF4. 364 365 366 Key for Generic Specialty Pet Nutrition Facts Box. 367 Note: Letters below correspond to white letters in black circles 368 conveniently located on the facts box examples above. 369 370 Model Regulations for Pet Food and Specialty Pet Food Under the Model Bill PAGE 149 (A) Familiar common measurement, for example 1 can, 1 tray, 1 pouch, 371 1 unit of product (treat, piece, etc.), 1 cup, 1 teaspoon. 372 (B) If unit cited in A needs explanation, provide within the parentheses, 373 for example: “1 cup (8 oz. Standard Measuring Cup)” or “1 fl. oz. = 28 374 grams”. If no explanation is needed, this element is not required. 375 (C) Weight in grams of familiar common measurement cited in A. In 376 cases of non-uniform products that are reported per piece, indicate the 377 average weight and add “(avg)” after the weight. 378 (K) Insert a row following moisture when a guaranteed amount for ash is 379 provided. 380 (L) Insert row(s) for other required or voluntary guarantees listed as 381 essential nutrients under a double bolded line per PF4(b)(1)(C) 382 (Q) Insert appropriate guaranteed amounts as specified in PF4(b)(1)(A) i 383 – v. 384 (R) For small packages only, insert appropriate value determined by 385 multiplying the decimal equivalent of guaranteed amount by the total 386 weight contained in A (ie for a guaranteed amount of 23% and a weight 387 in grams in A of 30, move the decimal on the percent value two places to 388 the left (0.23) and multiply by the weight of the familiar common 389 measurement (30) to get a 6.9 value for R). 390 (S) Insert appropriate value determined by multiplying the decimal 391 equivalent of guaranteed amount by the value cited in C. (ie for a 392 guaranteed amount of 23% and a weight in grams in C of 90, move the 393 decimal on the percent value two places to the left (0.23) and multiply by 394 the weight of the familiar common measurement (90) to get 20.7 value 395 for S). 396 (T) The guaranteed amount shall be listed according to the same units of 397 the nutrients required in PF(b)(1)(C). 398 (U) Calculate value per T. Report in grams for guaranteed amounts that 399 are percentages. When other units are used, report as appropriate (e.g. 400 for a guaranteed amount in IU/kg report in IU, for a guaranteed amount 401 in mg/kg report in mg, etc. 402 (V) The guaranteed amount shall be reported in units consistent with 403 intended use (e.g. percentage, mg/kg, etc.). Guarantees for 404 microorganisms and enzymes shall be stated in the format as stipulated 405 in model reg. 4(g) and 4(h). 406 (W) Calculate value per V. Report in grams for guaranteed amounts that 407 are percentages. When other units are used, report as appropriate (e.g. 408 for a guaranteed amount in IU/kg report in IU, for a guaranteed amount 409 in mg/kg report in mg, etc.). 410 (X) Provide an explanation of enzyme units, if necessary. 411 412 413 414 415 416 417