New Mexico Administrative Code
Title 21 - AGRICULTURE AND RANCHING
Chapter 18 - SEEDS, FEEDS, AND FERTILIZERS
Part 3 - COMMERCIAL FEEDS
Section 21.18.3.27 - PET FOOD AND SPECIALTY PET FOOD DESCRIPTIVE TERMS
Universal Citation: 21 NM Admin Code 21.18.3.27
Current through Register Vol. 35, No. 18, September 24, 2024
A. Calorie terms
(1) "Light"
(a) A dog food product which bears on its
label the terms "light," "lite," "low calorie," or words of similar designation
shall:
(i) contain no more than 3100 kcal
ME/kg for products containing less than 20% moisture, no more than 2500 kcal
ME/kg for products containing 20% or more but less than 65% moisture, and no
more than 900 kcal ME/kg for products containing 65% or more moisture;
and
(ii) include on the label a
calorie content statement:
1) in accordance
with the format provided in 21.18.3.26 NMAC; and
2) which states no more than 3100 kcal ME/kg
for products containing less than 20% moisture, no more than 2500 kcal ME/kg
for products containing 20% or more but less than 65% moisture, and no more
than 900 kcal ME/kg for products containing 65% or more moisture; and
(iii) include on the label feeding
directions which reflect a reduction in calorie intake consistent with the
intended use.
(b) A cat
food product which bears on its label the terms "light," "lite," "low calorie,"
or words of similar designation shall:
(i)
contain no more than 3250 kcal ME/kg for products containing less than 20%
moisture, no more than 2650 kcal ME/kg for products containing 20% or more but
less than 65% moisture, and no more than 950 kcal ME/kg for products containing
65% or more moisture; and
(ii)
include on the label a calorie content statement:
1) in accordance with the format provided in
21.18.3.26 NMAC; and
2) which
states no more than 3250 kcal ME/kg for products containing less than 20%
moisture, no more than 2650 kcal ME/kg for products containing 20% or more but
less than 65% moisture, and no more than 950 kcal ME/kg for products containing
65% or more moisture; and
(iii) include on the label feeding directions
which reflect a reduction in calorie intake consistent with the intended
use.
(2)
"Less" or "reduced calories"
(a) A dog or cat
food product which bears on its label a claim of "less calories," reduced
calories," or words of similar designation shall include on the label:
(i) the name of the product of comparison and
the percentage of calorie reduction (expressed on an equal weight basis)
explicitly stated and juxtaposed with the largest or most prominent use of the
claim on each panel of the label on which the term appears; and
(ii) the comparative statement printed in
type of the same color and style and at least one-half the type size used in
the claim; and
(iii) a calorie
content statement in accordance with the format provided in 21.18.3.26 NMAC;
and
(iv) feeding directions which
reflect a reduction in calories compared to feeding directions for the product
of comparison.
(b) A
comparison between products in different categories of moisture content (i.e.,
less than 20%, 20% or more but less than 65%, 65% or more) is
misleading.
B. Fat terms
(1) "Lean"
(a) A dog food product which bears on its
label the terms "lean," "low fat," or words of similar designation shall:
(i) contain no more than 9% crude fat for
products containing less than 20% moisture, no more than 7% crude fat for
products containing 20% or more but less than 65% moisture, and no more than 4%
crude fat for products containing 65% or more moisture;
(ii) include on the product label in the
guaranteed analysis:
1) A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as specified in Paragraph (1) of
Subsection A of 21.18.3.21; and
2)
A maximum crude fat guarantee which is no more than 9% crude fat for products
containing less than 20% moisture, no more than 7% crude fat for products
containing 20% or more but less than 65% moisture, and no more than 4% crude
fat for products containing 65% or more moisture.
(b) A cat food product which bears
on its label the terms "lean," "low fat," or words of similar designation
shall:
(i) contain a maximum percentage of
crude fat which is no more than 10% crude fat for products containing less than
20% moisture, no more than 8% crude fat for products containing 20% or more but
less than 65% moisture, and no more than 5% crude fat for products containing
65% or more moisture; and
(ii)
include on the product label in the guaranteed analysis:
1) A maximum crude fat guarantee immediately
following the minimum crude fat guarantee in addition to the mandatory
guaranteed analysis information as specified in Paragraph (1) of Subsection A
of 21.18.3.21; and
2) A maximum
crude fat guarantee which is no more than 10% crude fat for products containing
less than 20% moisture, no more than 8% crude fat for products containing 20%
or more but less than 65% moisture, and no more than 5% crude fat for products
containing 65% or more moisture.
(4) "Less" or "reduced fat"
(a) A dog or cat food product which bears on
its label a claim of "less fat," "reduced fat," or words of similar
designation, shall include on the label:
(i)
the name of the product of comparison and the percentage of fat reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears; and
(ii) the
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
(iii) a maximum crude fat guarantee in the
guaranteed analysis immediately following the minimum crude fat guarantee in
addition to the mandatory guaranteed analysis information as specified in
Paragraph (1) of Subsection A of 21.18.3.21 NMAC.
(b) A comparison on the label between
products in different categories of moisture content (i.e., less than 20%, 20%
or more but less than 65%, 65% or more) is misleading.
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