Current through Vol. 42, No. 1, September 16, 2024
(a) Except
as required in
35:30-27-60,
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 shall 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 AAFCO.
(4) An affidavit shall be provided upon
request to the Board, substantiating that the calorie content was determined
by:
(A)35:30-27-59(a)(3)(A) in which case the
results of all the analyses used in the calculation shall accompany the
affidavit; or
(B)35:30-27-59(a)(3)(B) 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 35:30-27-59(a)(3)(A); or
(B) The value of calorie content stated on
the label which is determined in accordance with 35:30-27-59(a)(3)(B) shall not
exceed or understate the value determined in accordance with
35:30-27-59(a)(3)(A) 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.
