Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 42 - Commercial Feed
Subchapter V - Dog and Cat Food
Section ATCP 42.44 - Prohibited labeling
Current through August 26, 2024
No labeling for dog or cat food may do any of the following, either directly or by implication:
(1) Make any statement or representation, including any pictorial or graphic representation, which is false, deceptive, or misleading.
(2) Misrepresent that a dog or cat food is suitable for a specified use.
(3) Fail to disclose, in connection with any health or nutritional claim for dog or cat food, pertinent qualifications or limitations on that claim.
(4) Make any health or nutritional claim for dog or cat food unless the manufacturer has reasonable scientific evidence to support that claim at the time the claim is made.
(5) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:
(6) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:
Note: Copies of the Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at www.aafco.org.
(7) Misrepresent that an identified ingredient is present to the exclusion of any other ingredient.
(8) Misrepresent the amount of any ingredient in a dog or cat food.
(9) Use the term "with [ingredient]," or any similar term which calls attention to a specific ingredient unless that ingredient constitutes at least 3 percent by weight of the dog or cat food, exclusive of water sufficient for processing.
Note: See also s. ATCP 42.42.
(11) Misrepresent that a dog or cat food contains only one ingredient. A claim does not violate this subsection if, in addition to the single claimed ingredient, the dog or cat food contains only water sufficient for processing, required denaturing agents, or trace amounts of preservatives and condiments.
(12) Claim that the dog or cat food is flavored unless the flavor is detectable by a recognized test method or is proven to be readily distinguishable by a dog or cat. A flavor claim shall identify the source of the flavor, unless the source is an ingredient listed under s. ATCP 42.32 which has the same name as the flavor.
(13) Use the term "meat" or "meat by-products" to designate meat or meat by-products from animals other than cattle, swine, sheep, or goats, unless the term is qualified to identify those animals.
(14) Claim that a dog or cat food is "new" or "improved" if the formula for that dog or cat food has not changed significantly for more than 6 months.
(15) Make any specific comparison claim, including any claim that a dog or cat food is preferred by dogs or cats, unless the claim is substantiated by reasonable evidence acquired within one year prior to the date on which the claim is made.
