(A)
The label of a dog or cat food shall bear a statement
of calorie content and meet 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) or unit of product (e.g., treats or pieces);
and
(3)
The calorie content is determined by one of the
following methods:
(a)
By calculation using the following "modified at water"
formula:
ME(kcal/kg) = 10[( 3.5 x CP) + ( 8.5 x
CF) + ( 3.5 x NFE)]
where: ME = metabolizable energy; CP =
per cent crude protein "as fed"; CF = per cent crude fat "as fed"; NFE = per
cent nitrogen-free extract (carbohydrate) "as fed"; and the percentages of CP
and CF are the average values 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. The NFE is calculated as the difference between one hundred 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 AAFCO.
(4)
An affidavit
shall be provided upon request to the department substantiating that the
calorie content was determined by:
(a)
Paragraph (A)(3)(a) of this rule, in which case the
results of all the analyses used in the calculation shall accompany the
affidavit; or
(b)
Paragraph (A)(3)(b) of this rule, 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 heading "Calorie Content" on the label or other
labeling shall be followed parenthetically by the word "calculated" when the
calorie content is determined in accordance with paragraph (A)(3)(a) of this
rule; or
(b)
The heading "Calorie Content" on the label or other
labeling shall be followed parenthetically by the word "fed" when the calorie
content is determined in accordance with paragraph (A)(3)(a) of this
rule.
(B)
Comparative
claims shall not be false, misleading, or given undue emphasis and shall be
based on the same methodology for the products compared.
