Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Label requirements.
Except as required in part
1510.2590, the label of a dog or
cat food may bear a statement of calorie content if the label complies with
items A to E.
A. The statement must be
separate and distinct from the guaranteed analysis and must appear under the
heading "Calorie Content."
B. The
statement must be measured in terms of metabolizable energy (ME) on an "as fed"
basis and must be expressed as "kilocalories per kilogram" (kcal/kg) of
product, and may also be expressed as kilocalories per familiar household
measure, such as cans, cups, or pounds.
C. The calorie content must be determined by
one of the following methods:
(1) by
calculation using the "Modified Atwater" formula:
ME(kcal/kg) = 10[(3.5 X CP) + (8.5 X CF) + (3.5 X
NFE)]
Where: ME = Metabolizable Energy
CP = % crude protein "as fed"
CF = % crude fat "as fed"
NFE = % nitrogen-free extract (carbohydrate) "as fed"
and the percentages of CP and CF are the arithmetic averages
from proximate analyses of at least four production batches of the product, and
the NFE is calculated as the difference between 100 and the sum of CP, CF, and
the percentages of crude fiber, moisture, and ash (determined in the same
manner as CP and CF); or
(2) in accordance with a testing procedure
established by AAFCO.
D.
An affidavit must be provided upon request to the commissioner when a
laboratory analysis of the dog or cat food performed by the department under
authority of Minnesota Statutes, section
25.41,
has found that the calorie count differs from the label calorie statement,
substantiating that the calorie content was determined by:
(1) item C, subitem (1), in which case the
results of all the analyses used in the calculation must accompany the
affidavit; or
(2) item C, subitem
(2), in which case the summary data used in the determination of calorie
content shall accompany the affidavit.
E. The calorie content statement must appear
as one of the following:
(1) the claim on the
label or other labeling must be followed parenthetically by the term
"calculated" if the calorie content is determined in accordance with item C,
subitem (1); or
(2) the value of
calorie content stated on the label which is determined in accordance with item
C, subitem (2), must not exceed or understate the value determined in
accordance with item C, subitem (1), by more than 15 percent.
Subp. 2.
Comparative claims.
Comparative claims must not be false, misleading, or given
undue emphasis and must be based on the same methodology for the products
compared.
