New Hampshire Code of Administrative Rules
Agr - Commissioner, Department of Agriculture, Markets, and Food
Chapter Agr 1200 - COMMERCIAL FEEDS
Part Agr 1203 - PET FOOD AND SPECIALTY PET FOOD
Section Agr 1203.03 - Brand and Product Names

Universal Citation: NH Admin Rules Agr 1203.03

Current through Register No. 40, October 3, 2024

(a) The words "100%", "all", or words of similar designation shall not be used in the brand or product name of a pet food, or specialty pet food if the product contains more than one ingredient. However, for the purpose of this section, water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments shall not be considered ingredients.

(b) The name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients constitutes at least 95% of the total weight of the product. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage. However, the ingredients shall constitute at least 70% of the total product weight;

(2) The ingredient or combination of ingredients constitutes at least 25% of the weight of the product, provided that:
a. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients(s) shall constitute at least 10% of the total product weight;

b. A descriptor is used with the ingredient names such as "dinner", "platter", "entrée", "formula", and "recipe". This descriptor shall imply other ingredients are included in the product formula; and

c. The descriptor shall be in the same size, style, and color print as the ingredient name(s); or

(3) The ingredient or combinations of ingredients which are included in the product name are as follows:
a. Each ingredient constitutes at least 3% of the product weight, excluding water sufficient for processing;

b. The names of the ingredients appear in the order of their respective predominance by weight in the product; and

c. All such ingredient names appear on the label in the same size, style, and color print.

(c) When the name of any ingredient appears in the product name of a pet food, or specialty pet food, or elsewhere on the product label and includes a descriptor such as "with", the named ingredients shall constitute at least 3% of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments.

(d) The word "with," or similar designation in (c), and named ingredients shall be in the same size, style, color, and case print and be of no greater size than as set forth in Table 1200-17 as follows:

Table 1200-17 Statement Type Size

Panel Size

Minimum Warning Statement Type Size

<= 5 in. 2

1/16 in.

>5 - <= 25 in.2

1/8 in.

>25 - <= 100 in.2

3/16 in.

>100 - <= 400 in.2

1/4 in.

>400 in.2

1/2 in.

(e) A flavor designation may be used as part of the product name or elsewhere on the label of a pet food, or specialty pet food if:

(1) The flavor designation:
a. Conforms to the name of the ingredient as listed in the ingredient statement; or

b. Is identified by the source of the flavor in the ingredient statement; and

(2) The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(f) Except as specified by Agr 1203.03(b) or (c), the product name of the pet food, or specialty pet food, shall not be derived from one or more ingredients unless all ingredients are included in the name, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof;

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or

(3) It is not otherwise false or misleading.

(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food, or specialty pet food, unless it is in compliance with Agr 1203.03(b), (c), or (d).

(h) When pet food, or specialty pet food, consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. "Blank" shall be completed by using the species of animal from which the raw milk is collected.

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