12 Ky. Admin. Regs. 3:042
Current through Register Vol. 51, No. 5, November 1, 2024
Section 12 KAR 3:042 - Statements of calorie contentRELATES TO: KRS 250.501, 250.521
NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. This administrative regulation establishes a uniform procedure for determining the caloric content of dog and cat foods and expressing it on product labels.
Section 1. The label of a dog or cat food, including snacks, treats, and supplements, shall bear a statement of calorie content and comply with the requirements established in subsections (1) through (5) of this section. (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 both as "kilocalories per kilogram" ("kcal/kg") of product, and as kilocalories per familiar household measure (for example, cans or cups) or unit of product (for example, treats or pieces).(3) The calorie content shall be determined by one (1) of the following methods: (b) In accordance with a testing procedure established by AAFCO.(4) An affidavit shall be provided upon request of the director, substantiating that the calorie content was determined by: (a) Subsection (3)(a) of this section, in which case the summary data used in the calculation shall be included in the affidavit; or(b) Subsection (3)(b) of this section, in which case the summary data used in the determination of calorie content shall accompany the affidavit.(5) The caloric content statement shall appear as one (1) of the following:(a) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "calculated" if the caloric content is determined in accordance with subsection (3)(a) of this section; or(b) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "fed" if the calorie content is determined in accordance with subsection (3)(b) of this section.Section 2. A comparative claim shall: (1) Not be false, misleading, or given undue emphasis; and(2) Be based on the same methodology for all products compared.Section 3. 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.23 Ky.R. 1810; eff. 1-10-1997; 25 Ky.R. 1091; 2364; eff. 4-14-1999; 45 Ky.R. 120, 637; eff. 9-28-2018.STATUTORY AUTHORITY: KRS 250.571(1)