N.M. Admin. Code § 21.18.3.26

Current through Register Vol. 35, No. 21, November 5, 2024

Section 21.18.3.26 - PET FOOD AND SPECIALTY PET FOOD STATEMENTS OF CALORIE CONTENT

A. Except as required in 21.18.3.27 NMAC, the label of a dog or cat food may bear a statement of calorie content when the label meets all of the following:

(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 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,

(3) The calorie content is determined by one of the following methods:

(a) 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,

(b) in accordance with a testing procedure established by the association of American feed control officials.

(4) An affidavit shall be provided upon request to the department substantiating that the calorie content was determined by:

(a) Subparagraph (a) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the results of all the analyses used in the calculation shall accompany the affidavit; or

(b) Subparagraph (b) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(5) The calorie content statement shall appear as one of the following:

(a) The claim on the label or other labeling shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with Subparagraph (a) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC; or

(b) The value of calorie content stated on the label which is determined in accordance with Subparagraph (b) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC shall not exceed or understate the value determined in accordance with Subparagraph (a) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC by more than 15%.

B. Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

N.M. Admin. Code § 21.18.3.26

21.18.3.26 NMAC - N, 9/30/2013, Amended by New Mexico Register, Volume XXXI, Issue 20, October 27, 2020, eff. 1/1/2021