Current through Vol. 42, No. 1, September 16, 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, like
"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
AAFCO-recognized nutrient profile; or
(2) The product meets the criteria for all
life stages as substantiated by completion of the appropriate AAFCO-recognized
animal feeding protocol(s).
(b) The label of a pet food or specialty pet
which is intended for a limited purpose or a specific life stage, but not for
all life stages, may include a qualified claim like "complete and balance",
"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
AAFCO-recognized nutrient profile; or
(B) The criteria for a limited purpose or a
specific life stage as substantiated by completion of the appropriate
AAFCO-recognized animal feeding protocol(s).
(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" or "treat". 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 AAFCO Dog (or Cat) Food Nutrient
Profiles for (Blank)" (Blank is to be completed by using the stage or stages of
the pet's life, like, gestation/lactation, growth, maintenance, or the words
"All Life Stages"); or
(B) "Animal
feeding test using AAFCO procedures substantiate that (Name of Product)
provides complete and balance nutrition for (Blank)" (Blank is to be completed
by using the stage or stages of the pet's life tested, like,
gestation/lactation, growth, maintenance, or the words "All Life Stages");
or
(C) "(Name of Product) provides
complete and balanced nutrition for (Blank)" (Blank is to be completed by using
the stage or stages of the pet's life, like gestation/lactation, growth,
maintenance, or the words "All Life Stages") and is comparable in nutritional
adequacy to a product which has been substantiated using AAFCO feeding
tests."
(2) A
nutritional or dietary claim for purposes other than those listed in
35:30-27-57(a) or (b) 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 35:30-27-57(a) or (b) or any other special
nutritional or dietary need and is suitable only for limited, 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
35:30-27-58(b).
(e) A signed affidavit attesting that the
product meets the requirements of
35:30-27-58(a) or
(b) shall be submitted to the Board upon
request.
(f) If the nutrient
content of a product does not meet those nutrient requirements established by
an AAFCO-recognized nutrient profile, or if no requirement has been established
by an AAFCO-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.
Added at 17 Ok Reg
2842, eff 7-13-00
