Current through Register Vol. 49, No. 6, March 15, 2024
1)
Association
of
American
Feed
Control Officials, 1995 Officials
Publication Association of American Feed Control Officials Incorporated
(Atlanta, GA: Georgia Department of Agriculture Plant Food, Feed and Grain
Division, 1995);
2)
Office
of
the
Federal
Register
National Archives
and Records Administration, Code of Federal Regulations Title 21
part 501 (Washington: U.S. Government Print Office 1995).
In accordance with section
536.031(4),
RSMo, the full text of material incorporated
by reference will be made available to any interested person at the Office of
the Secretary of State and the headquarters of the adopting state
agency.
(1) The quantity
statement and product name must be shown on the principal display panel. All
other required information may be placed elsewhere on the label but shall be
sufficiently conspicuous as to render it easily read by the average purchaser
under ordinary conditions of purchase and sale.
(2) The quantity statement shall be made in
conformity with the
2 CSR
70-31.024.
(3) The information which is required to
appear in the Guaranteed Analysis shall be listed in the following order:
(A) Crude protein (minimum
percentage);
(B) Crude fat (minimum
percentage);
(C) Crude fiber
(maximum percentage);
(D) Moisture
(maximum percentage); and
(E)
Additional guarantees shall follow moisture.
(4) The label of a pet food shall specify the
name and address of the manufacturer, packer or distributor of the pet food.
The statement of a place of business should include the street address, if any,
of that place unless the street address is shown in a current city directory or
telephone directory.
(5) If a
person manufactures, packages or distributes a pet food in a place other than
the principal place of business, the label may state the principal place of
business in lieu of the actual place where each package of the pet food was
manufactured or packaged or is to be distributed if the statement is not
misleading in any particular.
(6) A
vignette, graphic or pictorial representation of a product on a pet food label
shall not misrepresent the contents of the package.
(7) The use of the word "proven" in
connection with label claims for a pet food is improper unless scientific or
other empirical evidence establishing the claim represented as "proven" is
available.
(8) No statement shall
appear upon the label of a pet food which makes false or misleading comparisons
between that pet food and any other pet food.
(9) Personal or commercial endorsements are
permitted on pet food labels where the endorsements are factual and not
otherwise misleading.
(10) When a
pet food is enclosed in an outer container or wrapper which is intended for
retail sale, all required label information must appear on the outside wrapper
or container.
(11) The word "dog
food," "cat food" or similar designations must appear conspicuously upon the
principal display panels of the pet food labels.
(12) The label of a pet food shall not
contain an unqualified representation or claim, directly or indirectly, that
the pet food contained, or a recommended feeding of the pet food is, or meets
the requisites of, a complete, perfect, scientific or balanced ration for dogs
or cats unless the product or feeding contains-
(A) Ingredients in quantities sufficient to
meet the nutrient requirements for all life stages established by the AAFCO Dog
or Cat Food Nutrient Profiles, as the case may be, or some other
AAFCO-recognized authority on animal nutrition; or
(B) A combination of ingredients which, when
fed to a normal animal as the only source of nourishment, in accordance with
the testing procedures established by AAFCO, meets the criteria of such testing
procedures for all life stages.
(13) Labels for products which are compounded
for or which are suitable for only a limited purpose (for example, a product
designed for the feeding of puppies) may contain representations that the pet
food product, or recommended feeding is, or meets the requisites of, a
complete, perfect scientific or balanced ration for dogs or cats only-
(A) In conjunction with a statement of the
limited purpose for which the product is intended or suitable (as for example,
in the statement a complete food for puppies). These representations and
required qualifications shall be juxtaposed on the same panel and in the same
size, style and color print; and
(B) Qualified representations may appear on
pet food labels only if-
1. The pet food
contains ingredients in quantities sufficient to meet the nutrient requirements
established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be,
or some other AAFCO-recognized authority on animal nutrition, for such limited
or qualified purpose; or
2. The pet
food product contains a combination of ingredients which when fed for limited
purpose will satisfy the nutrient requirements for that limited purpose and has
had its capabilities in this regard demonstrated by adequate testing.
(14) Except as
specified by
2 CSR
70-31.030, the name of any ingredient which appears on
the label other than in the product name shall not be given undue emphasis so
as to create the impression that this ingredient is present in the product in a
larger amount than is the fact, shall constitute at least three percent (3%) of
the total ingredients (exclusive of water sufficient for processing) when
preceded by the designation "with" or like term, shall be in the same size,
style, and color print and if the names of more than one (1) such ingredient
are shown, they shall appear in the order of their respective predominance by
weight in the product.
(15) The
label of a dog or cat food (other than one prominently identified as a snack or
treat as part of the designation required upon the principal display panel
under section (11)) shall bear, on either the principal display panel or the
information panel (as those terms are defined in
21 Code of Federal
Regulations 501.1 and 501.2 respectively), in type of a size
reasonably related to the largest type on the panel, a statement of the
nutritional adequacy or purpose of the product. This statement shall consist of
one (1) of the following:
(A) A claim that
the pet food meets the requirements of one (1) or more of the recognized
categories of nutritional adequacy: gestation, lactation, growth, maintenance
and complete for all life stages, as those categories are set forth in sections
(12) and (13). The claim shall be stated as one (1) of the following:
1. (Name of product) is formulated to meet
the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient
Profiles for _______ . (Blank is to be completed by using the stage(s) of the
pet's life, such as, gestation, lactation, growth, maintenance or the words
"All Life Stages.")
2. Animal
feeding tests using AAFCO procedures substantiate that (Name of Product)
provides complete and balanced nutrition for ______ . (Blank is to be completed
by using the stage(s) of the pet's life tested, such as, gestation, lactation,
growth, maintenance or the words "All Life Stages.")
(B) A nutrition or dietary claim for purposes
other than those listed in sections (12) and (13) if the claim is
scientifically substantiated;
(C)
The statement: "Use only as directed by your veterinarian," if it is a pet food
product intended for use by or under the supervision or direction of a
veterinarian and shall make a statement in accordance with subsection 15(A) or
(15)(D).
(D) The statement: "The
product is intended for intermittent or supplemental feeding only," if a
product does not meet either the requirements of sections (12) and (13) or any
other special nutritional or dietary need and so is suitable only for limited,
intermittent or supplementary feeding.
(16) The use of claims on pet food labels
stating improvement or newness shall be sufficiently substantiated by the
manufacturer and limited to six (6) months production. The use of claims
stating preference or comparative attribute claims shall be sufficiently
substantiated by the manufacturer and limited to one (1) year production after
which the claim must be removed or resubstantiated.
(17) Dog and cat foods labeled as complete
and balanced for any or all life's stages as provided in subsection (15)(A)
except those pet foods labeled in accordance with subsection (15)(C) shall list
feeding directions on the product label. These directions shall be expressed in
common terms and shall appear prominently on the label. Feeding directions
shall, at a minimum, state "Feed (weight/unit of product) per (weight unit) of
dog (or cat)."
*Original authority 1972, amended 1993,
1995.