Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.501,
250.521,
15 U.S.C.
1451-1461
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.571(1) authorizes the
Director of the Agricultural Experiment Station to promulgate administrative
regulations necessary for the efficient enforcement of
KRS
250.491 to
250.631.
KRS
250.521 requires that pet foods be labeled
and establishes the information that shall be stated on the label. This
administrative regulation establishes a uniform format for labeling information
for pet foods and delineates criteria for the use of descriptive terms.
Section 1. Calorie Terms.
(1) "Light."
(a) A dog food product that bears on its
label the terms "light," "lite," "low calorie," or words of similar designation
shall:
1. Contain no more than 3100 kcal
ME/kg for products containing less than twenty (20) percent moisture, no more
than 2500 kcal ME/kg for products containing twenty (20) percent or more but
less than sixty-five (65) percent moisture, and no more than 900 kcal ME/kg for
products containing sixty-five (65) percent or more moisture;
2. Include on the label a calorie content
statement:
a. In accordance with the format
established in
12 KAR
3:042; and
b. That states no more than 3100 kcal ME/kg
for products containing less than twenty (20) percent moisture, no more than
2500 kcal ME/kg for products containing twenty (20) percent or more but less
than sixty-five (65) percent moisture, and no more than 900 kcal ME/kg for
products containing sixty-five (65) percent or more moisture; and
3. Include on the label feeding
directions that reflect a reduction in calorie intake consistent with the
intended use.
(b) A cat
food product that bears on its label the terms "light," "lite," "low calorie,"
or words of similar designation shall:
1.
Contain no more than 3250 kcal ME/kg for products containing less than twenty
(20) percent moisture, no more than 2650 kcal ME/kg for products containing
twenty (20) percent or more but less than sixty-five (65) percent moisture, and
no more than 950 kcal ME/kg for products containing sixty-five (65) percent or
more moisture;
2. Include on the
label a calorie content statement:
a. In
accordance with the format established in
12 KAR
3:042; and
b. That states no more than 3250 kcal ME/kg
for products containing less than twenty (20) percent moisture, no more than
2650 kcal ME/kg for products containing twenty (20) percent or more but less
than sixty-five (65) percent moisture, and no more than 950 kcal ME/kg for
products containing sixty-five (65) percent or more moisture; and
3. Include on the label feeding
directions that reflect a reduction in calorie intake consistent with the
intended use.
(2) "Less" or "reduced calories."
(a) A dog or cat food product that bears on
its label a claim of "less calories," "reduced calories," or words of similar
designation, shall include on the label:
1.
The name of the product of comparison and the percentage of calorie reduction
(expressed on equal weight basis) explicitly stated and juxtaposed with the
largest or more prominent use of the claim on each panel of the label on which
the term appears;
2. The
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim;
3. A calorie content statement in accordance
with the format established in
12 KAR
3:042; and
4. Feeding directions that reflect a
reduction in calories compared to feeding directions for the product of
comparison.
(b) A
comparison between products in different categories of moisture content (for
example, less than twenty (20) percent, twenty (20) percent or more but less
than sixty-five (65) percent, sixty-five (65) percent or more) is
misleading.
Section
2. Fat Terms.
(1) "Lean."
(a) A dog food product that bears on its
label the terms "lean," "low fat," or words of similar designation shall:
1. Contain no more than nine (9) percent
crude fat for products containing less than twenty (20) percent moisture, no
more than seven (7) percent crude fat for products containing twenty (20)
percent or more but less than sixty-five (65) percent moisture, and no more
than four (4) percent crude fat for products containing sixty-five (65) percent
or more moisture; and
2. Include on
the product label in the Guaranteed Analysis:
a. A maximum crude fat guarantee immediately
following the minimum crude fat guarantee in addition to the mandatory
guaranteed analysis information as specified in (12 KAR
3:022, Section 1(1); and
b. A maximum crude fat guarantee that is no
more than nine (9) percent crude fat for products containing less than twenty
(20) percent moisture, no more than seven (7) percent crude fat for products
containing twenty (20) percent or more but less than sixty-five (65) percent
moisture, and no more than four (4) percent crude fat for products containing
sixty-five (65) percent or more moisture.
(b) A cat food product that bears on its
label the terms "lean," "low fat," or words of similar designation shall:
1. Contain a maximum percentage of crude fat
that is no more than ten (10) percent crude fat for products containing less
than twenty (20) percent moisture, no more than eight (8) percent crude fat for
products containing twenty (20) percent or more but less than sixty-five (65)
percent moisture, and no more than five (5) percent crude fat for products
containing sixty-five (65) percent or more moisture; and
2. Include on the product label in the
Guaranteed Analysis:
a. A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as established in
12 KAR
3:022, Section 1(1); and
b. A maximum crude fat guarantee that is no
more than ten (10) percent crude fat for products containing less than twenty
(20) percent moisture, no more than eight (8) percent crude fat for products
containing twenty (20) percent or more but less than sixty-five (65) percent
moisture, and no more than five (5) percent crude fat for products containing
sixty-five (65) percent or more moisture.
(2) "Less" or "Reduced
Fat."
(a) A dog or cat food product that
bears on its label a claim of "less fat," "reduced fat," or words of similar
designation, shall include on the label:
1.
The name of the product of comparison and the percentage of fat reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears;
2. The
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
3. A maximum crude fat guarantee in the
Guaranteed Analysis immediately following the minimum crude fat guarantee in
addition to the mandatory guaranteed analysis information as specified in
12 KAR
3:022, Section 1(1).
(b) A comparison on the label between
products in different categories of moisture content (for example, less than
twenty (20) percent, twenty (20) percent or more but less than sixty-five (65)
percent, sixty-five (65) percent or more) is misleading.
Section 3. Carbohydrate Terms.
(1) "Low" carbohydrate, dietary starch, and
sugars claims. A claim of "low carbohydrates," "low dietary starch," "low
sugars," or a combination thereof shall be prohibited.
(2) "Less" or "reduced" carbohydrates,
dietary starch, and sugars claims.
(a) A dog
or cat food product that bears on its label a claim of "less _____ " or
"reduced _____ " (the blank shall be completed by using "carbohydrates,"
"dietary starch," or "sugars") or words of similar designation, shall include
on the label:
1. The name of the product of
comparison and the percentage of reduction in total dietary starch plus sugars
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears;
2. The
comparative statement printed in type of the same color and style and not less
than one-half the size used in the claim; and
3. Maximum guarantees for dietary starch and
sugars as established in
12 KAR
3:022, Section 1(3).
(b) A comparison between products in
different categories of moisture content (for example, less than twenty (20)
percent, twenty (20) percent or more but less than sixty-five (65) percent,
sixty-five (65) percent or more) is misleading.
Section 4. Incorporation by Reference.
(1) "2018 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(2)(e), (f),
250.571