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
250.491 to
250.631. This
administrative regulation establishes a uniform procedure for determining the
caloric content of dog and cat foods and expressing it on product
labels.
Section 1. The label of a dog
or cat food, including snacks, treats, and supplements, shall bear a statement
of calorie content and comply with the requirements established in subsections
(1) through (5) of this section.
(1) The
statement shall be separate and distinct from the "Guaranteed Analysis" and
shall appear under the heading "Calorie Content".
(2) The statement shall be measured in terms
of metabolizable energy (ME) on an "as fed" basis and must be expressed both as
"kilocalories per kilogram" ("kcal/kg") of product, and as kilocalories per
familiar household measure (for example, cans or cups) or unit of product (for
example, treats or pieces).
(3) The
calorie content shall be determined by one (1) of the following methods:
(a) By calculation using the following
"Modified Atwater" formula:
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(b) In
accordance with a testing procedure established by AAFCO.
(4) An affidavit shall be provided upon
request of the director, substantiating that the calorie content was determined
by:
(a) Subsection (3)(a) of this section, in
which case the summary data used in the calculation shall be included in the
affidavit; or
(b) Subsection (3)(b)
of this section, in which case the summary data used in the determination of
calorie content shall accompany the affidavit.
(5) The caloric content statement shall
appear as one (1) of the following:
(a) The
heading "Calorie Content" on the label or other labeling shall be followed
parenthetically by the word "calculated" if the caloric content is determined
in accordance with subsection (3)(a) of this section; or
(b) The heading "Calorie Content" on the
label or other labeling shall be followed parenthetically by the word "fed" if
the calorie content is determined in accordance with subsection (3)(b) of this
section.
Section
2. A comparative claim shall:
(1) Not be false, misleading, or given undue
emphasis; and
(2) Be based on the
same methodology for all products compared.
Section 3. 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
250.571(1)
