Current through Register Vol. 35, No. 18, September 24, 2024
A. The "Guaranteed
Analysis" shall be listed in the following order and format unless otherwise
specified in these regulations:
(1) A pet food
or specialty pet food label shall list the following required guarantees;
(a) minimum percentage of crude
protein;
(b) minimum percentage of
crude fat;
(c) maximum percentage
of crude fat, if required by 21.18.3.27 NMAC;
(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 association of American feed control officials dog (or cat) food
nutrient profiles. Guarantees for substances not listed in the association of
American feed control officials dog (or cat) food nutrient profiles or not
otherwise provided for in these regulations, shall 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
association of American feed control officials dog (or cat) food nutrient
profiles." The disclaimer shall appear immediately after the last such
guarantee in the same size type as the guarantees.
(4) A specialty pet food label shall list
other required or voluntary guarantees in the same order and units of the
nutrients in an association of American feed control officials recognized
nutrient profile for the specific species; however, if no species-specific
association of American feed control officials recognized nutrient profile is
available, the order and units shall follow the same order and units of
nutrients in the association of American feed control officials cat food
nutrient profile. Guarantees for substances not listed in an association of
American feed control officials recognized nutrient profile for the specific
species of animal shall 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 is to be
completed by listing the specific association of American feed control
officials recognized nutrient profile.) This disclaimer shall appear
immediately after the last such guarantee in the same size type as the
guarantees. No such disclaimer shall be required unless an association of
American feed control officials recognized nutrient profile is available for
the specific species of specialty pet.
B. The sliding scale method of expressing a
guaranteed analysis on a pet food or specialty pet food label (for example,
"Minimum crude protein 15-18%") is prohibited.
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:
(1) minimum guarantees for all
minerals from sources declared in the ingredient statement and established by
an association of American feed control officials 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 association of American feed control
officials cat food nutrient profiles when no species-specific nutrient profile
has been recognized by the association of American feed control officials;
and
(3) mineral guarantees required
by Paragraphs (1) and (2) of Subsection C of 21.18.3.21 NMAC may be expressed
in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids)
consistent with those employed in the quantity statement and directions for
use; and
(4) a weight equivalent
(e.g., 1 fl. oz. = 28 grams) for liquid products.
D. The label of a pet food or a specialty pet
food which is formulated as and represented to be a vitamin supplement shall
include:
(1) minimum guarantees for all
vitamins from sources declared in the ingredient statement and established by
an association of American feed control officials 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 association of American feed control officials cat food nutrient profiles
when no species-specific nutrient profile has been recognized by the
association of American feed control officials; and provided that
(3) vitamin guarantees required by Paragraphs
(1) and (2) of Subsection D of 21.18.3.21 NMAC may be expressed in approved
units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules, or
liquids) consistent with those employed in the quantity statement and
directions for use; and
(4) a
weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.
E. 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 association of American feed control officials
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 apply;
(1) the
product shall meet the association of American feed control officials
recognized nutrient profile; and
(2) the statement of comparison shall be
preceded by a statement that the product meets the association of American feed
control officials recognized profile: however, the statement that the product
meets the association of American feed control officials recognized nutrient
profile is not required provided that the nutritional adequacy statement as per
Paragraph (1) of Subsection A of 21.18.3.24 NMAC or Subparagraph (a) of
Paragraph (2) of Subsection B of 21.18.3.24 NMAC appears elsewhere on the
product label; and
(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.
F. The maximum moisture declared on a pet
food or specialty pet food label shall not exceed 78.00% or the natural
moisture content of the ingredients, whichever is higher. However, 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 78.00%.
G. Guarantees for crude protein, crude fat,
and crude fiber are not 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.
H.
Guarantees for microorganisms and enzymes shall be stated in the format as
stipulated in Subsections G and H of 21.18.3.10 NMAC.
