8 Colo. Code Regs. § 1202-7, pt. 10

Current through Register Vol. 48, No. 1, January 10, 2025
Part 10 - Statements of Calorie Content
10.1. Except as required in Part 11, the label of a dog or cat food may bear a statement of calorie content when the label meets all of the following:
10.1.1. The statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Calorie Content";
10.1.2. The statement shall be measured in terms of metabolizable energy (ME) on an "as fed" basis and shall be expressed as "kilocalories per kilogram" ("kcal/kg") of product, and may also be expressed as kilocalories per familiar household measure (e.g., cans, cups, pounds); and
10.1.3. The calorie content is determined by one of the following methods:
10.1.3.1. By calculation using the following "Modified Atwater" formula ME (kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)]

Where: ME = Metabolizable Energy

CP = % crude protein "as fed"

CF = % crude fat "as fed"

NFE = % nitrogen-free extract (carbohydrate) "as fed"

and the percentages of CP and CF are the arithmetic averages from proximate analyses of at least four production batches of the product, and the NFE is calculated as the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash (determined in the same manner as CP and CF); or

10.1.3.2. In accordance with a testing procedure established by AAFCO.
10.1.4. An affidavit shall be provided upon request to the Commissioner, substantiating that the calorie content was determined by:
10.1.4.1. Part 10.1.3.1 in which case the results of all the analyses used in the calculation shall accompany the affidavit; or
10.1.4.2. Part 10.1.3.2 in which case the summary data used in the determination of calorie content shall accompany the affidavit.
10.1.5. The calorie content statement shall appear as one of the following:
10.1.5.1. The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with Part 10.1.3.1; or
10.1.5.2. The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "fed" when the calorie content is determined in accordance with Part 10.1.3.2.
10.2. Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

8 CCR 1202-7, pt. 10

38 CR 05, March 10, 2015, effective 3/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 23, December 10, 2016, effective 12/30/2016
40 CR 20, October 25, 2017, effective 11/30/2017
43 CR 22, November 25, 2020, effective 12/15/2020
45 CR 22, November 25, 2022, effective 12/15/2022