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 1203.04 - Expression of Guarantees

Universal Citation: NH Admin Rules Agr 1203.04

Current through Register No. 12, March 21, 2024

(a) The "guaranteed analysis" shall be listed in the following order and format:

(1) Required guarantees for pet food or specialty pet food shall be as follows:
a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fat, if required by Agr 1203.10;

d. Maximum percentage of crude fiber;

e. Maximum percentage of moisture; and

f. Additional guarantees shall follow moisture;

(2) When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture;

(3) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(4) Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, shall:
a. Immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer:

"Not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles."; and

b. Appear immediately after the last such guarantee in the same size type as the guarantees; and

(5) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO- recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile.

(6) Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall:
a. Immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer:

"Not recognized as an essential nutrient by the (blank).";and

b. "Blank" shall be completed by listing the specific AAFCO recognized nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. The disclaimer shall only be required when an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

(b) The guaranteed analysis shall not be expressed with the sliding scale method, such as "Minimum crude protein 15-18%".

(c) The label of a pet food or a specialty pet food which is formulated as and represented to be a mineral supplement shall include the following:

(1) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(2) Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units specified in the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(d) Mineral guarantees required by Agr 1203.04(c)(1) and (2) may be expressed in milligrams (mg) per unit such as, tablets, capsules, granules, or liquids consistent with those employed in the quantity statement and directions for use, and a weight equivalent such as, 1 fl. oz. = 28 grams for liquid products.

(e) The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include the following:

(1) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or

(2) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(f) Vitamin guarantees required by Agr 1203.04(e) may be expressed in approved units such as, IU, mg, g, per unit of tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use, and liquids expressed as volume shall also list a weight equivalent such as, 1 fl. oz. = 28 grams.

(g) When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, the following shall apply:

(1) The product shall meet the AAFCO-recognized nutrient profile;

(2) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile. However, the statement that the product meets the AAFCO-recognized nutrient profile shall not be required provided that the nutritional adequacy statement as per Agr 1203.07(a)(1) or (b) (2)(a) appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

(h) The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78% or the natural moisture content of the ingredients, whichever is higher. Pet food and specialty pet food such as, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and which are so labeled, may contain moisture in excess of 78%.

(i) Guarantees for crude protein, crude fat, and crude fiber shall not be required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

(j) Guarantees for microorganisms and enzymes shall be stated in the format as stipulated in Agr 1202.04(g) and (h).

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