Current through Register Vol. 35, No. 18, September 24, 2024
A. Except as
required in
21.18.3.27
NMAC, the label of a dog or cat food may bear a statement of calorie content
when the label meets all of the following:
(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 must be expressed as
"kilocalories per kilogram" ("kcal/kg") of product and may also be expressed as
kilocalories per familiar household measure (e.g., cans, cups, pounds);
and,
(3) The calorie content is
determined by one of the following methods:
(a) by calculation using the following
"modified atwater " formula:
ME( kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x
NFE)]
where: ME = metabolizable energy
CP = % crude protein "as fed"
CF = % crude fat "as fed"
NFE = % nitrogen-free extract (carbohydrate) "as fed"
and the percentages of CP and CF are the arithmetic averages
from proximate analyses of at least four production batches of the product; and
the NFE is calculated as the difference between 100 and the sum of CP, CF, and
the percentages of crude fiber, moisture, and ash (determined in the same
manner as CP and CF); or,
(b) in accordance with a testing procedure
established by the association of American feed control officials.
(4) An affidavit shall be provided
upon request to the department substantiating that the calorie content was
determined by:
(a) Subparagraph (a) of
Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the results of
all the analyses used in the calculation shall accompany the affidavit;
or
(b) Subparagraph (b) of
Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the summary data
used in the determination of calorie content shall accompany the
affidavit.
(5) The
calorie content statement shall appear as one of the following:
(a) The claim on the label or other labeling
shall be followed parenthetically by the word "calculated" when the calorie
content is determined in accordance with Subparagraph (a) of Paragraph (3) of
Subsection A of 21.18.3.26 NMAC; or
(b) The value of calorie content stated on
the label which is determined in accordance with Subparagraph (b) of Paragraph
(3) of Subsection A of 21.18.3.26 NMAC shall not exceed or understate the value
determined in accordance with Subparagraph (a) of Paragraph (3) of Subsection A
of 21.18.3.26 NMAC by more than 15%.
B. Comparative claims shall not be false,
misleading, or given undue emphasis and shall be based on the same methodology
for the products compared.
