Cal. Code Regs. tit. 17 § 19025

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 19025 - Labeling and Restrictions
(a) The words "dog food," "cat food," or similar designations shall appear conspicuously upon the principal display panels of the pet food labels.
(b) The following shall appear on the label:

"Guaranteed Analysis"

Crude protein--minimum%
Crude fat--minimum%
Crude fiber--maximum%
Moisture--maximum%

Additional guarantees, if any, shall follow crude fiber.

(c) The ingredients used in the manufacture of the processed pet food shall be listed in the ingredient statement on the label by their common or usual name as defined in Section 19005 of this Article in their descending order of predominance by weight. When water is added in the preparation of a processed pet food, a statement of that fact, for example, "sufficient water has been added for processing," may appear at the conclusion of the ingredient list.
(d) No product or any of its wrappers, packaging or other containers shall bear any false or misleading marking, label or other labeling, and no statement, word, picture, design, or device which gives a false indication of origin, quality or flavor. No product shall be wholly or partly enclosed in any wrapper, packaging or other container that is so made, formed, or filled as to be misleading.
(e) All labels shall also comply with the provisions of Sections 113095, 113100, 113105, and 113110 of the California Health and Safety Code and the U.S. Fair Packaging and Labeling Act.
(f) A processed pet food shall not be labeled a specific flavor unless a sufficient amount of that ingredient is used to impart such characteristic flavor and/or odor to the finished product which is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor.
(g) The term "human grade" is defined as an ingredient that is stored, handled, processed, and transported in a manner consistent and compliant with regulations for good manufacturing practices for human food at Title 21 Code of Federal Regulations, Part 117, pursuant to Health and Safety Code section 110105.
(1) The term "human grade" is acceptable in reference to the product as a whole when:
(A) All of the ingredients and components of ingredients meet the definition in subsection (g) above; and
(B) The resulting product is stored, handled, processed, and transported in a manner consistent and compliant with the definition in subsection (g) above.
(2) A processed pet food with "human grade" claims must be labeled or advertised for its intended use as pet food and follow all other California pet food labeling requirements. The following also applies to "human grade" claims:
(A) Statements of quality or grade may not appear in the ingredient statement; and
(B) All uses of the words "human grade" on labeling or advertising must be accompanied with a statement of the intended use of the product as a pet food. No printing of the term "human grade" on labeling or advertising may be larger than the statement of intended use.
(3) Use of the term "human grade" in reference only to a specific ingredient is permissible even if the product as a whole does not meet the definition of "human grade" if:
(A) The ingredient to which the term "human grade" is referring meets the definition of "human grade" in section (g) above;
(B) The use of the term "human grade" does not imply that the product as a whole is "human grade;"
(C) To use the term "human grade" in reference to a single ingredient on labeling or advertising, a statement of the intended use of the product as a pet food must also be included. No printing of the term "human grade" on labeling or advertising may be larger than the statement of intended use; and
(D) Statements of quality or grade may not appear in the ingredient statement.
(h) The name of the processed pet food shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are included in the name except as specified in paragraphs (f), (i), (j), (k) and (l) of this section; provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the name of the pet food if:
(1) the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product;
(2) it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; and
(3) it is not otherwise false or misleading.
(i) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food, provided that where more than one such ingredient is part of the product name, then all such ingredient names shall be in the same size, style, and color print on the front panel of the label, in their descending order of predominance by weight.
(j) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish constitutes 50% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food, when the product name also includes a descriptive term "with gravy," "with sauce," or similar connotation which will fully describe the contents of the pet food mixture. All such ingredient name(s) shall be in descending order of predominance by weight. The ingredient name(s) shall be in the same size, style, and color print on the front panel of the label and the descriptive term shall follow immediately after or below the ingredient name(s) in conspicuous size lettering in the same style and color print.
(k) When an ingredient or a combination of ingredients derived from mammals, poultry, or fish, constitutes 25% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "balls," "cakes," "loaf," "croquettes," or "stew," so that the product name describes the contents of the product in accordance with an established law, custom, or usage, or so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style and color print.
(l) A product shall not be described on the label or in advertising as "all meat" or "100% meat" or "all tuna" or "all chicken" or otherwise represented as being composed wholly of a named ingredient if it contains other added ingredients such as the by-products of meat, poultry, or fish. However, for the purpose of this provision, water sufficient for processing, required denaturing agents, and trace amounts of preservatives and condiments shall not be considered ingredients.
(m) Terms such as "burger," "chunk," "patty," "cube," "loaf," "croquette" and other of similar import, shall not be used to describe a product or an ingredient thereof which does not have substantially the shape or form so represented when it is sold to the retail purchaser.
(n) The names of ingredients shall not be used in advertising, labeling, brand or trade name, or otherwise, so as to misrepresent directly or by implications the identity of an ingredient or the composition of a processed pet food.
(o) A vignette, graphic, or pictorial representation of a product on a processed pet food label shall not misrepresent the contents of the package.
(p) Inspection Legend. Upon receipt of written permission from the Department, the following statement may be placed on the labels or can end of pet food packed in compliance with the provisions of the Laws Relating to Cannery Inspection: "STERILIZED UNDER THE SUPERVISION OF AND ACCORDING TO THE REGULATIONS OF THE CALIFORNIA STATE DEPARTMENT OF HEALTH SERVICES."
(q) The term "natural" is defined as an ingredient derived solely from plant, animal, or mined sources, either in its unprocessed state or having been subject to physical processing, heat processing, rendering, purification, extraction, hydrolysis, enzymolysis, or fermentation, but not having been produced by or subject to a chemically synthetic process and not containing any additives or processing aids that are chemically synthetic except in amounts as might occur unavoidably in good manufacturing practices at Title 21 Code of Federal Regulations, Part 117, pursuant to Health and Safety Code section.
(1) The term "natural" is acceptable in reference to the product as a whole when all of the ingredients and components of ingredients meet the definition in subsection (q) above.
(2) Use of the term "natural" on a processed pet food label or advertised as a processed pet food product is false or misleading if any chemically synthesized ingredients are present in the product, except in the case of chemically synthesized vitamins, minerals, or other trace minerals, provided the product is not a dietary supplement and the label includes a disclaimer to inform the consumer the vitamins, minerals, or other trace minerals are not natural. The disclaimer must meet each of the following elements:
(A) The disclaimer is included in conjunction with any use of the term "natural;"
(B) The disclaimer appears with the largest or most prominent printing of the term "natural" on each panel of the label on which the term appears, in the same style and color print, and at least one-half the size of the term "natural;"
(C) The disclaimer appears with the largest or most prominent printing of the term "natural" in each advertisement in which the term appears, in the same style and color print and at least one-half the size of the term "natural;"
(D) For any disclaimer under this subsection, if it is used only to identify in generic terms those vitamins, minerals, and other trace minerals which are not natural, a guarantee is not warranted;
(E) For any disclaimer under this subsection, if it makes reference to a specific nutrient, a guarantee is warranted; and
(F) All other ingredients and components of ingredients in the product must meet the definition of "natural" as defined in subsection (q) above.
(3) Use of the term "natural" in reference only to a specific ingredient is permissible even if the product as a whole does not meet the definition of "natural" if:
(A) The ingredient to which the term "natural" is referencing complies with the definition of "natural" as defined in this subsection; and
(B) The use of the term "natural" does not imply that the product as a whole is "natural."

Cal. Code Regs. Tit. 17, § 19025

Note: Authority cited: Sections 113115, 131000, 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Sections 113095, 113100, 113105, 113110 and 113115, Health and Safety Code.

Note: Authority cited: Sections 208 and 27040(a), (b) and (d), Health and Safety Code. Reference: Sections 27031, 27032, 27034 and 27040, Health and Safety Code.

1. Editorial correction filed 4-13-84 (Register 84, No. 15).
2. Amendment of section and NOTE filed 8-26-2024; operative 8/26/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 35).