Current through Register Vol. 47, No. 17, September 10, 2024
8.1. The
label of a pet food or specialty pet food which is intended for all life stages
of the pet or specialty pet may include an unqualified claim, directly or
indirectly, such as "complete and balanced", "perfect", "scientific", or "100%
nutritious" if at least one of the following apply:
8.1.1. The product meets the nutrient
requirements for all life stages established by an AAFCO-Recognized Nutrient
Profile; or
8.1.2. The product
meets the criteria for all life stages as substantiated by completion of the
appropriate AAFCO-Recognized Animal Feeding Protocol(s); or
8.1.3. The product is a member of a product
family which is nutritionally similar to a lead product which contains a
combination of ingredients that has been fed to a normal animal as the sole
source of nourishment in accordance with the testing procedures established by
AAFCO for all life stages, provided that:
8.1.3.1. The nutritional similarity of the
family product can be substantiated according to the appropriate AAFCO Family
Guidelines, and
8.1.3.2. The family
product meets the criteria for all life stages; and
8.1.3.3. Under circumstances of reasonable
doubt, the Commissioner may require the manufacturer to perform additional
testing of the family product in order to substantiate the claim of nutritional
adequacy.
8.2.
The label of a pet food or specialty pet food which is intended for a limited
purpose or a specific life stage, but not for all life stages, may include a
qualified claim such as "complete and balanced", "perfect", "scientific", or
"100% nutritious" when the product and claim meets all of the following:
8.2.1. The claim is qualified with a
statement of the limited purpose or specific life stage for which the product
is intended or suitable, for example, "complete and balanced for puppies (or
kittens)". The claim and the required qualification shall be juxtaposed on the
same label panel and in the same size, style and color print; and
8.2.2. The product meets at least one of the
following:
8.2.2.1. The nutrient requirements
for the limited purpose or specific life stage established by an
AAFCO-Recognized Nutrient Profile; or
8.2.2.2. The criteria for a limited purpose
or a specific life stage as substantiated by completion of the appropriate
AAFCO-Recognized Animal Feeding Protocol(s); or
8.2.2.3. The product is a member of a product
family which is nutritionally similar to a lead product which contains a
combination of ingredients which, when fed for such limited purpose, will
satisfy the nutrient requirements for such limited purpose and has had its
capabilities in this regard demonstrated by adequate testing, and provided
that:
8.2.2.3.1. The nutritional similarity of
the family product can be substantiated according to the appropriate AAFCO
Family Guidelines; and
8.2.2.3.2.
The family product meets the criteria for such limited purpose; and
8.2.2.3.3. Under circumstances of reasonable
doubt, the Commissioner may require the manufacturer to perform additional
testing of the family product in order to substantiate the claim of nutritional
adequacy.
8.3. Dog and cat food labels shall include a
statement of nutritional adequacy or purpose of the product except when the dog
or cat food is clearly and conspicuously identified on the principal display
panel as a "snack" or "treat". The statement shall consist of one of the
following:
8.3.1. A claim that the dog or cat
food meets the requirements of one or more of the recognized categories of
nutritional adequacy: gestation/lactation, growth, maintenance, and all life
stages. The claim shall be stated verbatim as one of the following:
8.3.1.1. "(Name of product) is formulated to
meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient
Profiles for ___." (Blank is to be completed by using the stage or stages of
the pet's life, such as, gestation/lactation, growth, maintenance or the words
"All Life Stages")For a dog food, when the blank includes the words "Growth" or
"All Life Stages." One of the following phrases must be added verbatim to the
end of the claim:
8.3.1.1.1. "including growth
of large size dogs (70 lb. or more as an adult)" if the product has been
formulated to meet the levels of nutrients specifically referenced in the Dog
Food Nutrient Profiles as being applicable to large size growing
dogs.
8.3.1.1.2. "except for growth
of large size dogs (70 lb. or more as an adult)" if the product has not been
formulated to meet the levels of nutrients specifically referenced in the Dog
Food Nutrient Profiles as being applicable to large size growing dogs;
or
8.3.1.2. "Animal
feeding tests using AAFCO procedures substantiate that (Name of Product)
provides complete and balanced nutrition for __." (Blank is to be completed by
using the stage or stages of the pet's life tested, such as,
gestation/lactation, growth, maintenance or the words "All Life Stages");
or
8.3.1.3. "(Name of Product)
provides complete and balanced nutrition for __ (Blank is to be completed by
using the stage or stages of the pet's life, such as gestation, lactation,
growth, maintenance or the words "All Life Stages") and is comparable in
nutritional adequacy to a product which has been substantiated using AAFCO
feeding tests."
8.3.2. A
nutritional or dietary claim for purposes other than those listed in Part 8.1
or 8.2 if the claim is scientifically substantiated; or
8.3.3. The statement: "This product is
intended for intermittent or supplemental feeding only", if a product does not
meet the requirements of Part 8.1 or 8.2 or any other special nutritional or
dietary need and so is suitable only for limited or intermittent or
supplementary feeding.
8.4. A product intended for use by, or under
the supervision or direction of a veterinarian shall make a statement in
accordance with Part 8.3.1 or 8.3.3.
8.5. A signed affidavit attesting that the
product meets the requirements of Part 8.1or 8.2 shall be submitted to the
Commissioner upon request.
8.6. If
the nutrient content of a product does not meet those nutrient requirements
established by an AAFCO-Recognized Nutrient Profile, or if no requirement has
been established by an AAFCO-Recognized Nutritional Authority for the life
stage(s) of the intended species, the claimed nutritional adequacy or purpose
of the product shall be scientifically substantiated.
8.7. The following shall be acceptable as the
basis for a claim of nutritional adequacy:
8.7.1. An AAFCO-Recognized Nutrient Profile
or Nutritional Authority:
8.7.1.1. For dogs,
the AAFCO Dog Food Nutrient Profiles;
8.7.1.2. For cats, the AAFCO Cat Food
Nutrient Profiles;
8.7.1.3. For
specialty pets, a nutrient recommendation approved by the Committee on Animal
Nutrition of the National Research Council of the National Academy of Sciences,
provided that such nutrient recommendation is recognized only for the specific
species of specialty pet for which the profile is intended.
8.7.2. An AAFCO-Recognized Animal
Feeding Protocol(s):
8.7.2.1. The AAFCO Dog
Food Feeding Protocols; or
8.7.2.2.
The AAFCO Cat Food Feeding Protocols.
