Mo. Code Regs. tit. 2 § 70-31.020

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 2 CSR 70-31.020 - Pet Food Label Format and Labeling

PURPOSE: This rule specifies the information required on the label.

1)AssociationofAmericanFeedControl Officials, 1995 Officials Publication Association of American Feed Control Officials Incorporated (Atlanta, GA: Georgia Department of Agriculture Plant Food, Feed and Grain Division, 1995);

2)OfficeoftheFederalRegisterNational Archives and Records Administration, Code of Federal Regulations Title 21 part 501 (Washington: U.S. Government Print Office 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.

(1) The quantity statement and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.

(2) The quantity statement shall be made in conformity with the 2 CSR 70-31.024.

(3) The information which is required to appear in the Guaranteed Analysis shall be listed in the following order:

(A) Crude protein (minimum percentage);

(B) Crude fat (minimum percentage);

(C) Crude fiber (maximum percentage);

(D) Moisture (maximum percentage); and

(E) Additional guarantees shall follow moisture.

(4) The label of a pet food shall specify the name and address of the manufacturer, packer or distributor of the pet food. The statement of a place of business should include the street address, if any, of that place unless the street address is shown in a current city directory or telephone directory.

(5) If a person manufactures, packages or distributes a pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food was manufactured or packaged or is to be distributed if the statement is not misleading in any particular.

(6) A vignette, graphic or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

(7) The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available.

(8) No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.

(9) Personal or commercial endorsements are permitted on pet food labels where the endorsements are factual and not otherwise misleading.

(10) When a pet food is enclosed in an outer container or wrapper which is intended for retail sale, all required label information must appear on the outside wrapper or container.

(11) The word "dog food," "cat food" or similar designations must appear conspicuously upon the principal display panels of the pet food labels.

(12) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food contained, or a recommended feeding of the pet food is, or meets the requisites of, a complete, perfect, scientific or balanced ration for dogs or cats unless the product or feeding contains-

(A) Ingredients in quantities sufficient to meet the nutrient requirements for all life stages established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other AAFCO-recognized authority on animal nutrition; or

(B) A combination of ingredients which, when fed to a normal animal as the only source of nourishment, in accordance with the testing procedures established by AAFCO, meets the criteria of such testing procedures for all life stages.

(13) Labels for products which are compounded for or which are suitable for only a limited purpose (for example, a product designed for the feeding of puppies) may contain representations that the pet food product, or recommended feeding is, or meets the requisites of, a complete, perfect scientific or balanced ration for dogs or cats only-

(A) In conjunction with a statement of the limited purpose for which the product is intended or suitable (as for example, in the statement a complete food for puppies). These representations and required qualifications shall be juxtaposed on the same panel and in the same size, style and color print; and

(B) Qualified representations may appear on pet food labels only if-

1. The pet food contains ingredients in quantities sufficient to meet the nutrient requirements established by the AAFCO Dog or Cat Food Nutrient Profiles, as the case may be, or some other AAFCO-recognized authority on animal nutrition, for such limited or qualified purpose; or

2. The pet food product contains a combination of ingredients which when fed for limited purpose will satisfy the nutrient requirements for that limited purpose and has had its capabilities in this regard demonstrated by adequate testing.

(14) Except as specified by 2 CSR 70-31.030, the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that this ingredient is present in the product in a larger amount than is the fact, shall constitute at least three percent (3%) of the total ingredients (exclusive of water sufficient for processing) when preceded by the designation "with" or like term, shall be in the same size, style, and color print and if the names of more than one (1) such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

(15) The label of a dog or cat food (other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under section (11)) shall bear, on either the principal display panel or the information panel (as those terms are defined in 21 Code of Federal Regulations 501.1 and 501.2 respectively), in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. This statement shall consist of one (1) of the following:

(A) A claim that the pet food meets the requirements of one (1) or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance and complete for all life stages, as those categories are set forth in sections (12) and (13). The claim shall be stated as one (1) of the following:

1. (Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for _______ . (Blank is to be completed by using the stage(s) of the pet's life, such as, gestation, lactation, growth, maintenance or the words "All Life Stages.")

2. Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ______ . (Blank is to be completed by using the stage(s) of the pet's life tested, such as, gestation, lactation, growth, maintenance or the words "All Life Stages.")

(B) A nutrition or dietary claim for purposes other than those listed in sections (12) and (13) if the claim is scientifically substantiated;

(C) The statement: "Use only as directed by your veterinarian," if it is a pet food product intended for use by or under the supervision or direction of a veterinarian and shall make a statement in accordance with subsection 15(A) or (15)(D).

(D) The statement: "The product is intended for intermittent or supplemental feeding only," if a product does not meet either the requirements of sections (12) and (13) or any other special nutritional or dietary need and so is suitable only for limited, intermittent or supplementary feeding.

(16) The use of claims on pet food labels stating improvement or newness shall be sufficiently substantiated by the manufacturer and limited to six (6) months production. The use of claims stating preference or comparative attribute claims shall be sufficiently substantiated by the manufacturer and limited to one (1) year production after which the claim must be removed or resubstantiated.

(17) Dog and cat foods labeled as complete and balanced for any or all life's stages as provided in subsection (15)(A) except those pet foods labeled in accordance with subsection (15)(C) shall list feeding directions on the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state "Feed (weight/unit of product) per (weight unit) of dog (or cat)."

2 CSR 70-31.020

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:

*Original authority 1972, amended 1993, 1995.