Current through Register Vol. 35, No. 18, September 24, 2024
A. The label of a pet food or specialty pet
food which is intended for all life stages 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 established by an association of
American feed control officials recognized nutrient profile; or,
(2) the product meets the criteria for all
life stages as substantiated by completion of the appropriate association of
American feed control officials recognized animal feeding protocol(s);
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
the association of American feed control officials 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 developed by the association of American
feed control officials; and,
(b)
the family product meets the criteria for all life stages; and
(c) under circumstances of reasonable doubt,
the department 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 or a specific life stage, but not for all life stages, may include a
qualified claim such as "complete and balanced," "perfect," "scientific," or
"100% nutritious" when the product and claim meets 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 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 meets at least one of the
following:
(a) the nutrient requirements for
the limited purpose or specific life stage established by an association of
American feed control officials recognized nutrient profile; or,
(b) the criteria for a limited purpose or a
specific life stage as substantiated by completion of the appropriate
association of American feed control officials recognized animal feeding
protocol(s); 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:
(i) the
nutritional similarity of the family product can be substantiated according to
the procedures for establishing pet food product families developed by the
association of American feed control officials; and,
(ii) the family product meets the criteria
for such limited purpose; and,
(iii) under circumstances of reasonable
doubt, the department 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." The statement 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: 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 association of American feed control
officials dog (or cat) food nutrient profiles for ______ ." (blank is to 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");
or
(b) "animal feeding tests using
association of American feed control officials procedures substantiate that
(name of product) provides complete and balanced nutrition for ______ ." (blank
is to 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");
or
(c) "(name of product) provides
complete and balanced nutrition for ______ (blank is to 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 association of
American feed control officials feeding tests;"
(2) a nutritional or dietary claim for
purposes other than those listed in Subsection A or B of 21.18.3.24 NMAC if the
claim is scientifically substantiated; or
(3) the statement: "this product is intended
for intermittent or supplemental feeding only," if a product does not meet the
requirements of Subsection A or B of 21.18.3.24 NMAC or any other special
nutritional or dietary need and so is suitable only for limited or intermittent
or supplementary feeding.
D. A product intended for use by or under the
supervision or direction of a veterinarian shall make a statement in accordance
with Paragraphs (1) or (3) of Subsection C of 21.18.3.24 NMAC.
E. A signed affidavit attesting that the
product meets the requirements of Subsection A or Paragraph (2) of Subsection B
of 21.18.3.24 NMAC shall be submitted to the department upon request.
F. If the nutrient content of a product does
not meet those nutrient requirements established by an association of American
feed control officials recognized nutrient profile or if no requirement has
been established by an association of American feed control officials
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.
G.
The following association of American feed control officials recognized
nutritional authority, nutrient profile, or animal feeding protocol shall be
acceptable as the basis for a claim of nutritional adequacy:
(1) As an association of American feed
control officials recognized nutrient profile or nutritional authority:
(a) for dogs, the association of American
feed control officials dog food nutrient profiles;
(b) for cats, the association of American
feed control officials cat food nutrient profiles;
(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.
(2) As an association of American feed
control officials recognized animal feeding protocol(s), the association of
American feed control officials dog and cat food feeding protocols.
