Current through Register Vol. 47, No. 17, September 10, 2024
10.1. Except as
required in Part 11, the label of a dog or cat food may bear a statement of
calorie content when the label meets all of the following:
10.1.1. The statement shall be separate and
distinct from the "Guaranteed Analysis" and shall appear under the heading
"Calorie Content";
10.1.2. The
statement shall be measured in terms of metabolizable energy (ME) on an "as
fed" basis and shall be expressed as "kilocalories per kilogram" ("kcal/kg") of
product, and may also be expressed as kilocalories per familiar household
measure (e.g., cans, cups, pounds); and
10.1.3. The calorie content is determined by
one of the following methods:
10.1.3.1. By
calculation using the following "Modified Atwater" formula ME (kcal/kg) =
10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)]
Where: ME = Metabolizable Energy
CP = % crude protein "as fed"
CF = % crude fat "as fed"
NFE = % nitrogen-free extract (carbohydrate) "as fed"
and the percentages of CP and CF are the arithmetic averages
from proximate analyses of at least four production batches of the product, and
the NFE is calculated as the difference between 100 and the sum of CP, CF, and
the percentages of crude fiber, moisture, and ash (determined in the same
manner as CP and CF); or
10.1.3.2. In accordance with a testing
procedure established by AAFCO.
10.1.4. An affidavit shall be provided upon
request to the Commissioner, substantiating that the calorie content was
determined by:
10.1.4.1. Part 10.1.3.1 in
which case the results of all the analyses used in the calculation shall
accompany the affidavit; or
10.1.4.2. Part 10.1.3.2 in which case the
summary data used in the determination of calorie content shall accompany the
affidavit.
10.1.5. The
calorie content statement shall appear as one of the following:
10.1.5.1. The heading "Calorie Content" on
the label or other labeling shall be followed parenthetically by the word
"calculated" when the calorie content is determined in accordance with Part
10.1.3.1; or
10.1.5.2. The heading
"Calorie Content" on the label or other labeling shall be followed
parenthetically by the word "fed" when the calorie content is determined in
accordance with Part 10.1.3.2.
10.2. Comparative claims shall not be false,
misleading, or given undue emphasis and shall be based on the same methodology
for the products compared.
