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 1203.09 - Statements of Calorie Content

Universal Citation: NH Admin Rules Agr 1203.09

Current through Register No. 40, October 3, 2024

(a) The label of a dog or cat food, including snacks, treats, and supplements, shall bear a statement of calorie content as follows:

(1) The statement shall be separate and distinct from the "guaranteed analysis" and shall appear under the heading "calorie content";

(2) The statement shall be measured in terms of metabolizable energy (ME) on an as fed basis and shall be expressed both as "kilocalories per kilogram" ("kcal/kg") of product, and as kilocalories per familiar household measure, such as, but not limited to, cans, cups, pounds, or unit of product such as treats, or pieces; and

(3) The calorie content shall be determined by one of the following methods:
a. Calculation using the following "Modified Atwater" formula:

ME (kcal/kg) =10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where:

1. "ME" means metabolizable energy;

2. "CP" means the percentage of crude protein as fed;

3. "CF" means the percentage of crude fat as fed;

4. The percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product; and

5. "NFE" means the percentage of nitrogen-free extract carbohydrate as fed, calculated by the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash which shall have been determined in the same manner as CP and CF; or

b. In accordance with a testing procedure 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) An affidavit shall be provided upon the request substantiating that the calorie content was determined by:

(1) Agr 1203.09(a)(3)a. in which case the summary data used in the calculation shall be included in the affidavit; or

(2) Agr 1203.09(a)(3)b. in which case the summary data used in the determination of calorie content shall accompany the affidavit;

(c) The calorie content statement shall appear as one of the following:

(1) The heading "Calorie Content" on the label shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with Agr 1203.09(a)(3)a; or

(2) The heading "Calorie Content" on the label shall be followed parenthetically by the word "fed" when the calorie content is determined in accordance with Agr 1203.09(a)(3)b.

(d) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

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