Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.501,
250.521
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 259.491 to
250.631.
KRS
250.521(1)(b) requires that
a commercial feed label contain a guaranteed analysis that advises the
purchaser of the composition of the feed or to support claims made in the
labeling. This administrative regulation establishes a uniform format for
expressing guarantees for pet foods and specialty pet foods.
Section 1. The "Guaranteed Analysis" shall be
listed in the following order and format unless otherwise established in 12 KAR
Chapter 3:
(1) A pet food or specialty pet
food label shall list the following required guarantees;
(a) Minimum percentage of crude
protein;
(b) Minimum percentage of
crude fat;
(c) Maximum percentage
of crude fat, if required by
12 KAR
3:028;
(d)
Maximum percentage of crude fiber;
(e) Maximum percentage of moisture;
and
(f) Additional guarantees, if
applicable, shall follow moisture;
(2) If ash is listed in the guaranteed
analysis on a pet food or specialty pet food label, ash shall be guaranteed as
a maximum percentage and shall immediately follow moisture;
(3) If listed on the label of a dog or cat
food product, guarantees for dietary starch and sugars shall be stated as
maximum percentages. Neither guarantee shall be listed without the other. The
guarantee for dietary starch shall follow ash, if also listed, or moisture, if
ash is not listed. The guarantee for sugars shall follow dietary
starch;
(4) A dog or cat food label
shall list other required or voluntary guarantees in the same order and units
of the nutrients in the AAFCO Dog (or Cat) Food Nutrient Profiles. Guarantees
for substances not listed in the AAFCO Dog (or Cat) Food Nutrient Profiles, or
not otherwise provided for in 12 KAR Chapter 3, shall immediately follow the
listing of the recognized nutrients and shall be accompanied by an asterisk
referring to the disclaimer "not recognized as an essential nutrient by the
AAFCO Dog (or Cat) Food Nutrient Profiles." The disclaimer shall appear
immediately after the last guarantee in the same size type as the guarantees;
and
(5)
(a) Except as established in paragraph (b) of
this subsection, a specialty pet food label shall list other required or
voluntary guarantees in the same order and units for the nutrients in an
AAFCO-recognized nutrient profile for the specific species.
(b) If no species-specific AAFCO-recognized
nutrient profile is available, the order and units shall follow the same order
and units of nutrients in the AAFCO Cat Food Nutrient Profile. (c) Guarantees
for substances not listed in an AAFCO recognized nutrient profile for the
specific species of animal shall immediately follow the listing of recognized
nutrients and shall be accompanied by an asterisk referring to the disclaimer
"not recognized as an essential nutrient by the _________ ." The blank shall be
completed by listing the specific AAFCO recognized nutrient profile. This
disclaimer shall appear immediately after the last guarantee in the same size
type as the guarantees. The disclaimer shall not be required unless an
AAFCO-recognized nutrient profile is available for the specific species of
specialty pet.
Section
2. The sliding scale method of expressing a guaranteed analysis on
a pet food or specialty pet food label (for example, "Minimum crude protein
15-18%") shall not be used.
Section
3. The label of a pet food or a specialty pet food that is
formulated as and represented to be a mineral supplement shall include:
(1)
(a)
Minimum guarantees for all minerals from sources declared in the ingredient
statement and established by an AAFCO-recognized nutrient profile, expressed as
the element in units specified in the nutrient profile; or
(b) Minimum guarantees for all minerals from
sources declared in the ingredient statement expressed as the element in units
specified in the AAFCO Cat Food Nutrient Profiles if no species-specific
nutrient profile has been recognized by AAFCO;
(2) Mineral guarantees required by subsection
(1) of this section may be expressed in milligrams (mg) per unit (e.g.,
tablets, capsules, granules, or liquids) consistent with those employed in the
quantity statement and directions for use; and
(3) A weight equivalent (e.g., 1 fl. oz. = 28
grams) for liquid products.
Section
4. The label of a pet food or a specialty pet food that is
formulated as and represented to be a vitamin supplement shall include:
(1)
(a)
Minimum guarantees for all vitamins from sources declared in the ingredient
statement and established by an AAFCO-recognized nutrient profile, expressed in
units specified in the nutrient profile; or
(b) Minimum guarantees for all vitamins from
sources declared in the ingredient statement expressed in units specified in
the AAFCO Cat Food Nutrient Profiles if no species-specific nutrient profile
has been recognized by AAFCO;
(2) Vitamin guarantees required by subsection
(1) of this section may be expressed in approved units (e.g., IU, mg, g) per
unit (e.g., tablets, capsules, granules, or liquids) consistent with those
employed in the quantity statement and directions for use; and
(3) A weight equivalent (e.g., 1 fl. oz. = 28
grams) for liquid products.
Section
5. If the label of a pet food or specialty pet food includes a
comparison of the nutrient content of the food with levels established by an
AAFCO-recognized nutrient profile, such as a table of comparison, a percentage,
or any other designation referring to an individual nutrient or all of the
nutrient levels, the following shall apply:
(1) The product shall meet the
AAFCO-recognized nutrient profile;
(2)
(a)
Except as established in paragraph (b) of this subsection, the statement of
comparison shall be preceded by a statement that the product meets the
AAFCO-recognized profile.
(b) The
statement that the product meets the AAFCO-recognized nutrient profile shall
not be required if the nutritional adequacy statement as per
12 KAR
3:039, Section 1(1) or Section 2(2)(a) appears
elsewhere on the product label;
(3) The statement of comparison of the
nutrient content shall constitute a guarantee, but need not be repeated in the
guaranteed analysis; and
(4) The
statement of comparison may appear on the label separate and apart from the
guaranteed analysis.
Section
6.
(1) Except as established in
subsection (2) of this section, the maximum moisture declared on a pet food or
specialty pet food label shall not exceed seventy-eight (78) percent or the
natural moisture content of the ingredients, whichever is higher.
(2) Pet food and specialty pet food such as
those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a
milk replacer, and that are so labeled, may contain moisture in excess of
seventy-eight (78) percent.
Section
7. Guarantees for crude protein, crude fat, and crude fiber shall
not be required if the pet food or specialty pet food is intended for purposes
other than to furnish these substances or if they are of minor significance
relative to the primary purpose of the product, such as a mineral or vitamin
supplement.
Section 8. Guarantees
for microorganisms and enzymes shall be stated in the format as established in
12 KAR
2:021, Sections 7 and 8.
Section 9. Incorporation by Reference.
(1) "Official Publication," (2018 Edition),
Association of American Feed Control Officials, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division of Regulatory Services, 103 Regulatory Services Building, College of
Agriculture, University of Kentucky, Lexington, Kentucky 40546-0275, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
250.521(1)(b),
250.571(1)