Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.501,
250.521,
250.531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.571(1) authorizes the
Director of the Agricultural Experiment Station to promulgate administrative
regulations necessary for efficient enforcement of
KRS
250.491 to
250.631. This
administrative regulation establishes the conditions for use of a brand or
product name.
Section 1. The words
"100%", "all", or words of similar designation shall not be used in the brand
or product name of a pet food or specialty pet food if the product contains
more than one (1) ingredient, not including water sufficient for processing,
decharacterizing agents, or trace amounts of preservatives and condiments.
Section 2. An ingredient or
combination of ingredients may form part of a product name of a pet food or
specialty pet food:
(1) If the ingredients
constitute at least ninety-five (95) percent of the total weight of the
product. Water sufficient for processing may be excluded when calculating the
percentage; however, the ingredients shall constitute at least seventy (70)
percent of the total product weight;
(2) If any ingredient constitutes at least
twenty-five (25) percent of the weight of the product, if:
(a) Water sufficient for processing may be
excluded when calculating the percentage, however, the ingredients shall
constitute at least ten (10) percent of the total product weight; and
(b) A descriptor is used with the ingredient
names. This descriptor shall imply other ingredients are included in the
product formula.
1. Examples of descriptors
include "dinner", "platter", "entrée", "formula", and
"recipe".
2. The descriptor shall
be in the same size, style, and color print as the ingredient names;
or
(3) If a
combination of ingredients, which are included in the product name in
accordance with this section, complies with paragraphs (a) through (c) of this
subsection.
(a) Each ingredient shall
constitute at least three (3) percent of the product weight, excluding water
sufficient for processing.
(b) The
names of the ingredients shall appear in the order of their respective
predominance by weight in the product.
(c) All the ingredient names appear on the
label in the same size, style, and color print.
Section 3.
(1) If the name of any ingredient appears in
the product name of a pet food, specialty pet food, or elsewhere on the product
label and includes a descriptor such as "with" or similar designation, the
named ingredients shall each constitute at least three (3) percent of the
product weight exclusive of water for processing.
(2) If the names of more than one (1)
ingredient are shown, each named ingredient shall appear in order of
predominance by weight in the product.
(3) The three (3) percent minimum level shall
not apply to claims for nutrients, such as vitamins, minerals, and fatty acids,
as well as condiments.
(4) The word
"with" or similar designation, and named ingredients shall be in the same size,
style, color, and case print and be of no greater size than:
Panel Size
|
Max "With Claim" Type Size
|
<=5 in.2
|
1/8 in.
|
>5 - <=25
in.2
|
1/4 in.
|
>25
-<=100in.2
|
3/8 in.
|
>100
-<=400in.2
|
1/2 in.
|
>400 in.2
|
1 in.
|
Section
4. A flavor designation may be included as part of the product
name or elsewhere on the label of a pet food or specialty pet food if:
(1) The flavor designation:
(a) Conforms to the name of the ingredient as
listed in the ingredient statement; or
(b) Is identified by the source of the flavor
in the ingredient statement;
(2) The word "flavor" is printed in the same
size type and with an equal degree of conspicu-ousness as the name of the
flavor designation; and
(3)
Substantiation of the flavor designation, the flavor claim, or the ingredient
source is provided to the Division of Regulatory Services upon
request.
Section 5. The
product name of the pet food or specialty pet food shall not be derived from
one (1) or more ingredients unless all ingredients are included in the name,
except as established in Section 2 or 3 of this administrative regulation. The
name of an ingredient or combination of ingredients may be used as a part of
the product name if:
(1) The ingredient or
combination of ingredients is present in sufficient quantity to impart a
distinctive characteristic to the product or is present in amounts that have a
material bearing upon the price of the product or upon acceptance of the
product by the purchaser; or
(2)
The name does not constitute a representation that the ingredient or
combination of ingredients is present to the exclusion of other
ingredients.
Section 6.
Contractions or coined names referring to ingredients shall not be used in the
brand name of a pet food or specialty pet food unless it is in compliance with
Section 2, 3, or 4 of this administrative regulation.
Section 7.
(1) If pet food or specialty pet food
consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously
on the principal display panel.
(2)
The (blank) shall be completed by using the species of animal from which the
raw milk is collected. (
STATUTORY AUTHORITY:
KRS
250.571(1)