Mo. Code Regs. tit. 2 § 70-31.040

Current through Register Vol. 49, No. 24, December 16, 2024

Section 2 CSR 70-31.040 - Expression of Guarantees in a Pet Food

PURPOSE: This rule establishes a uniform method of expressing guarantees.

(1) The sliding scale method of expressing a guaranteed analysis (for example protein 15- 18%) is prohibited.

(2) Pursuant to section 266.170(1)(c), RSMo the label of a pet food which is formulated as, and represented to be, a mineral supplement shall include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus and the minimum and maximum percentages of salt. The minimum content of all other essential nutrient elements recognized by the AAFCO Dog or Cat Food Nutrient Profile or other AAFCO-recognized nutrient profile from sources declared in the ingredient statement shall be expressed as the element and units specified in the recognized nutrient profile. Products labeled as per rule 2 CSR 70-31.020(2) may express the mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fl. oz. = 28 grams).

(3) Vitamins guaranteed on pet food labels shall be stated in International Units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be stated in milligrams per kilogram (mg/kg) except vitamin B₁₂ which may be guaranteed in micrograms per kilogram ([MICRO]g/kg).

(4) The label of a pet food which is formulated as and represented to be a vitamin supplement shall include a guarantee for the minimum content of each vitamin declared in the ingredient statement. Vitamin guarantees shall be expressed as per rule 2 CSR 70-31.040(3). Products labeled as per rule

2 CSR 70-31.020(2) may express the vitamin guarantees in approved units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fl. oz. = 28 grams).

(5) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by AAFCO-recognized animal nutrition authority, this comparison may be stated in the units of measurement used in the AAFCO Dog or Cat Food Nutrient Profiles. The statement in a table of comparison of the vitamin, mineral or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. The table of comparison may appear on the label separate and apart from the guaranteed analysis.

(6) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO Dog or Cat Food Nutrient Profile or other recognized nutrient profile shall not be permitted on pet food labels, except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and-

(A) The product in question meets the nutrient profile recommended by the authority; and

(B) The comparison is preceded by a statement to that effect.

2 CSR 70-31.040

AUTHORITY: section 266.195, RSMo (1994).* Original rule filed Jan. 16, 1975, effective Feb. 1, 1975. Amended: Filed Sept. 15, 1976, effective Dec. 11, 1976. Amended: Filed May 13, 1986, effective Sept. 1, 1986. Amended: Filed Oct. 20, 1995, effective June 30, 1996.

The following material is incorporated into this rule by reference: 1) Association of American Feed Control Officials, 1995 Official Publication Association of American Feed Control Officials Incorporated (Atlanta, GA: Georgia Department of Agriculture Plant Food, Feed and Grain Division, 1995). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

*Original authority 1972 amended 1993, 1995.