RELATES TO:
KRS
250.501,
250.521,
15 U.S.C.
1451-1461
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.571(1) authorizes the
Director of the Agricultural Experiment Station to promulgate administrative
regulations necessary for the efficient enforcement of
KRS
250.491 to
250.631.
KRS
250.521 requires that pet foods and specialty
pet foods be labeled and establishes the information that shall be stated on
the label. This administrative regulation establishes a uniform format for
establishing nutritional adequacy in labeling information for pet foods and
specialty pet foods and delineates criteria for product claims.
Section 1. The label of a pet food or
specialty pet food that is intended for
all life stages and sizes of the pet or
specialty pet may include an unqualified claim, directly or indirectly, such as
"complete and balanced," "perfect," "scientific," or "100% nutritious" if at
least one (1) of the following apply:
(1) The
product complies with the nutrient requirements for all life stages and sizes
established by an AAFCO-recognized nutrient profile;
(2) The product complies with the criteria
for all life stages as substantiated by completion of the appropriate
AAFCO-recognized animal feeding protocols; or
(3) The product is a member of a product
family that is nutritionally similar to a lead product that contains a
combination of ingredients that has been fed to a normal animal as the sole
source of nourishment in accordance with the testing procedures established by
AAFCO for
all life stages, if:
(a) The
nutritional similarity of the family product can be substantiated according to
the Procedures for Establishing Pet Food Product Families developed by
AAFCO;
(b) The family product
complies with the criteria for all life stages; and
(c) Under circumstances of reasonable doubt,
the director requires the manufacturer to perform additional testing of the
family product and substantiates the claim of nutritional adequacy.
Section 2. The label of
a pet food or specialty pet food that is intended for a limited purpose (such
as size of dog) or a specific life stage, but not for
all life stages and
sizes, may include a qualified claim such as "complete and balanced,"
"perfect," "scientific," or "100% nutritious" if the product and claim meet all
of the following:
(1) The claim is qualified
with a statement of the limited purpose of 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 complies
with at least one (1) of the following:
(a)
The nutrient requirements for the limited purpose or specific life stage
established by an AAFCO-recognized nutrient profile;
(b) The criteria for a limited purpose or a
specific life stage as substantiated by completion of the appropriate
AAFCO-recognized animal feeding protocol; or
(c) The requirements of a product
family that
is nutritionally similar to a lead product that contains a combination of
ingredients that, if fed for the limited purpose, will satisfy the nutrient
requirements for the limited purpose and has had its capabilities in this
regard demonstrated by adequate testing, and if:
1. The nutritional similarity of the family
product can be substantiated according to the Procedures for Establishing Pet
Food Product Families developed by AAFCO;
2. The family product meets the criteria for
the limited purpose; and
3. Under
circumstances of reasonable doubt, the director requires the manufacturer to
perform additional testing for the family product and substantiates the claim
of nutritional adequacy.
Section 3. Dog and cat food labels shall
include a statement of nutritional adequacy or purpose of the product except if
the dog or cat food is clearly and conspicuously identified on the
principal
display panel as "snack," "treat," or "supplement." The statement shall consist
of one (1) of the following:
(1) A claim that
the dog or cat food complies with the requirements of one (1) or more of the
recognized categories of nutritional adequacy: gestation or lactation, growth,
maintenance, and
all life stages. The claim shall be stated verbatim as one (1)
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 _________ ." (The blank shall be completed by using
the stage or stages of the pet's life, such as gestation or lactation, growth,
maintenance, or the words "
All Life Stages."). For a dog food, if the blank
includes the words "growth" or "
all life stages," one (1) of the following
phrases shall also be added verbatim to the end of the claim:
1. "including growth of large size dogs (70
lb. or more as an adult)" if the product has been formulated to meet the levels
of nutrients specifically referenced in the Dog Food Nutrient Profiles as being
applicable to large size growing dogs; or
2. "except for growth of large size dogs (70
lb. or more as an adult)" if the product has not been formulated to meet the
levels of nutrients specifically referenced in the Dog Food Nutrient Profiles
as being applicable to large size growing dogs;
(b) "Animal feeding tests using AAFCO
procedures substantiate that (Name of Product) provides complete and balanced
nutrition for ________ ." (The blank shall be completed by using the stage or
stages of the pet's life tested, such as gestation/lactation, growth,
maintenance, or the words "all life stages."); or
(c) "(Name of Product) provides complete and
balanced nutrition for __________ (The blank shall be completed by using the
stage or stages of the pet's life, such as gestation and lactation, growth,
maintenance, or the words "all life stages") and is comparable in nutritional
adequacy to a product that has been substantiated using AAFCO feeding
test.";
(2) A
nutritional or dietary claim for purposes other than those established in
Sections 1 and 2 of this administrative regulation 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 comply
with the requirements of Sections 1 and 2 of this administrative regulation or
any other special nutritional or dietary need and so is suitable only for
limited or intermittent or supplementary feeding.
Section 4. A product intended for use by, or
under the supervision or direction of a veterinarian shall make a statement in
accordance with Section 3(1) or (3) of this administrative
regulation.
Section 5. A signed
affidavit attesting that the product complies with the requirements of Sections
1 or 2(2) of this administrative regulation shall be submitted to the director
upon request.
Section 6. If the
nutrient content of a product does not comply with 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
stages of the intended species, the claimed nutritional adequacy or purpose of
the product shall be scientifically substantiated.
Section 7. The following AAFCO-recognized
nutritional authority, nutrient profile, or animal feeding protocol shall be
acceptable as the basis for a claim of nutritional adequacy:
(1) As an AAFCO-recognized nutrient profile
or nutritional authority:
(a) For dogs, the
AAFCO Dog Nutrient Profiles;
(b)
For cats, the AAFCO Cat Nutrient Profiles; and
(c) For specialty pets, the nutrient
recommendation approved by the Committee on Animal Nutrition of the National
Research Council of the National Academy of Sciences, if this nutrient
recommendation is recognized only for the specific specialty pet of which the
profile is intended; and
(2) As an AAFCO-recognized animal feeding
protocol, the AAFCO Dog and Cat Food Feeding Protocols.
Section 8. Incorporation by Reference.
(1) "2018 Official Publication", (2018
Edition), Association of American Feed Control Officials, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained. Subject to applicable copyright law, at the
Division of Regulatory Services, 103 Regulatory Services Building, College of
Agriculture, University of Kentucky, Lexington, Kentucky 40546-0275, Monday
through Friday, 8 a.m. to 4:30 p.m.