Current through Register No. 12, March 21, 2024
(a) The label of a pet food or specialty pet
food which is intended for all life stages and sizes of the pet or specialty
pet may include an unqualified claim, directly or indirectly, such as "complete
and balanced," "perfect," "scientific," or "100% nutritious" if at least one of
the following apply:
(1) The product meets
the nutrient requirements for all life stages and sizes established by an
AAFCO-recognized nutrient profile, 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;
(2) The product meets the criteria for all
life stages as substantiated by completion of the appropriate AAFCO-recognized
animal feeding protocol(s) 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; or
(3) The product is a member of a product
family which is nutritionally similar to a lead product which contains a
combination of ingredients that has been fed to a normal animal as the sole
source of nourishment in accordance with the testing procedures established by
AAFCO for all life stages, provided that:
a.
The nutritional similarity of the family product can be substantiated according
to the Procedures for Establishing Pet Food Product Families, 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;
b. The family product meets the
criteria for all life stages; and
c. Under circumstances of reasonable doubt,
the New Hampshire State Control Official may require the manufacturer to
perform additional testing of the family product in order to substantiate the
claim of nutritional adequacy.
(b) The label of a pet food or specialty pet
food which is intended for a limited purpose, such as size of dog, or a
specific life stage, but not for all life stages and sizes, may include a
qualified claim such as "complete and balanced," "perfect," "scientific," or
"100% nutritious" when the product and claim meet all of the following:
(1) The claim is qualified with a statement
of the limited purpose or specific life stage for which the product is intended
or suitable, for example, "complete and balanced for puppies", or "complete and
balanced for kittens." The claim and the required qualification shall be
juxtaposed on the same label panel and in the same size, style, and color
print; and
(2) The product shall
meet at least one of the following:
a. The
nutrient requirements for the limited purpose or specific life stage
established by an AAFCO-recognized nutrient profile, 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;
b. The criteria for a limited
purpose or a specific life stage as substantiated by completion of the
appropriate AAFCO-recognized animal feeding protocol(s), 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;
or
c. The requirements of a product
family which is nutritionally similar to a lead product which contains a
combination of ingredients which, when fed for such limited purpose, will
satisfy the nutrient requirements for such limited purpose and has had its
capabilities in this regard demonstrated by adequate testing, and provided
that:
1. The nutritional similarity of the
family product can be substantiated according to the Procedures for
Establishing Pet Food Product Families developed by AAFCO, 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;
2. The family product meets the
criteria for such limited purpose; and
3. Under circumstances of reasonable doubt,
the New Hampshire State Control Official may require the manufacturer to
perform additional testing for the family product to substantiate the claim of
nutritional adequacy.
(c) Dog and cat food labels shall include a
statement of nutritional adequacy or purpose of the product except when the dog
or cat food is clearly and conspicuously identified on the principal display
panel as a "snack," "treat," or "supplement."
(d) The statement in (c) shall consist of one
of the following:
(1) A claim that the dog or
cat food meets the requirements of one or more of the recognized categories of
nutritional adequacy such as, gestation/lactation, growth, maintenance, and all
life stages. The claim shall be stated verbatim as one of the following:
a.
"(Name of product) is formulated to
meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient
Profiles for (blank)."
"Blank" shall be completed by using the stage or stages of
the pet's life, such as gestation/lactation, growth, maintenance or the words
"All Life Stages". For a dog food, when the blank includes the words "Growth"
or "All Life Stages," one of the following phrases must also be added verbatim
to the end of the claim:
1. If the
product has been formulated to meet the levels of nutrients specifically
referenced in the AAFCO dog food nutrient profiles as being applicable to large
size growing dogs:
"including growth of large size dogs (70 lb. or more as
an adult)"; or
2. If
the product has not been formulated to meet the levels of nutrients
specifically referenced in the AAFCO dog food nutrient profiles as being
applicable to large size growing dogs:
"except for growth of large size dogs (70 lb. or more
as an adult)";
b.
"Animal feeding tests using AAFCO
procedures substantiate that (Name of Product) provides complete and balanced
nutrition for (blank)."
"Blank" shall be completed by using the stage or stages of
the pet's life tested, such as, gestation/lactation, growth, maintenance or the
words "All Life Stages";
c.
"(Name of Product) provides complete
and balanced nutrition for (blank)."
"Blank" shall be completed by using the stage or stages of
the pet's life, such as gestation, lactation, growth, maintenance or the words
"All Life Stages" and is comparable in nutritional adequacy to a product which
has been substantiated using AAFCO feeding tests.
(2) A nutritional or dietary claim for
purposes other than those listed in Agr 1203.07(a) or (b) if the claim is
scientifically substantiated; or
(3) If a product does not meet the
requirements of Agr 1203.07(a) or (b) or any other special nutritional or
dietary need and so is suitable only for limited or intermittent or
supplementary feeding.
(4) The
claim shall be stated as:
"This product is intended for intermittent or
supplemental feeding only."
(e) A product intended for use by, or under
the supervision or direction of a veterinarian shall make a statement in
accordance with Agr 1203.07(c)(1) or (3).
(f) A signed affidavit attesting that the
product meets the requirements of Agr 1203.07(a) or (b) (2) shall be submitted
to the department upon request.
(g)
If the nutrient content of a product does not meet those nutrient requirements
established by an AAFCO-recognized nutrient profile, or if no requirement has
been established by an AAFCO recognized nutritional authority for the life
stage(s) of the intended species, the claimed nutritional adequacy or purpose
of the product shall be scientifically substantiated.
(h) The following AAFCO-recognized
nutritional authority, nutrient profile, or animal feeding protocol shall be
acceptable as the basis for a claim of nutritional adequacy:
(1) As an AAFCO-recognized nutrient profile
or nutritional authority:
a. For dogs, the
AAFCO dog food nutrient profiles;
b. For cats, the AAFCO cat food nutrient
profiles; and
c. For specialty
pets, the nutrient recommendations approved by the Committee on Animal
Nutrition of the National Research Council of the National Academy of Sciences,
provided that, this nutrient recommendation is recognized only for the specific
specialty pet for which the profile is intended; and
(2) As an AAFCO-recognized animal feeding
protocol(s), the AAFCO dog and cat food feeding protocols.
