N.D. Admin. Code 7-17-03-01

Current through Supplement No. 394, October, 2024

Section 7-17-03-01 - Brand and product names

1. The names of the ingredients used in the brand or product name or elsewhere on the product label must appear in order of predominance by weight in the product. Names of flavors due to their varying intensity can be in any order.

2. The words "one hundred percent" or "all", or words of similar designation may not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one ingredient, not including decharacterizing agents, or trace amounts of preservatives and condiments.

3. An ingredient or combination of ingredients may form part of a product name of a pet food or specialty pet food when:

a. The ingredient constitutes at least ninety-five percent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients must constitute at least seventy percent of the total product weight.

b. When any ingredient constitutes at least twenty-five percent of the weight of the product, provided:

(1) Water sufficient for processing may be excluded when calculating the percentage. However, the ingredient must constitute at least ten percent of the total product weight;

(2) A descriptor is used with the ingredient name. This descriptor must imply other ingredients are included in the product formula; and

(3) The descriptor must be in the same size, style, and color print as the ingredient name.

c. When a combination of ingredients that are included in the product name in accordance with this section meets all of the following:

(1) Each ingredient constitutes at least three percent of the product weight, excluding water sufficient for processing; and

(2) All such ingredient names appear on the label in the same size, style, and color print.

d. When the name of any ingredient appears in the product name of a pet food, specialty pet food, or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredient must constitute at least three percent of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they must appear in their respective order of predominance by weight in the product. The three percent minimum level may not apply to claims for nutrients, such as vitamins, minerals, and fatty acids, as well as condiments. The word "with" or similar designation, and named ingredients must be in the same size, style, color, and case print, and be of no greater size than:

Panel Size	Max "With Claim" Type Size
<=5 inches2	¼ inch
>5 to <=inches2	¼ inch
>25 to <=100 inches2	3/8 inch
>100 to <=400 inches2	½ inch
>400 inches2	1 inch

e. A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following:

(1) The flavor designation:

(a) Conforms to the name of the ingredient as listed in the ingredient statement; or

(b) Is identified by the source of the flavor in the ingredient statement; and

(2) The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

f. Contractions or coined names referring to ingredients may not be used in the brand name of a pet food or specialty pet food unless it is in compliance with this rule.

g. Unless a pet food or specialty pet food is identified on the principal display panel as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other such name, the maximum moisture declared on a pet food or specialty pet food label may not exceed seventy-eight percent or the natural moisture content of the ingredients, whichever is higher.

N.D. Admin Code 7-17-03-01

Adopted byAdministrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.

General Authority: NDCC 4.1-41-20

Law Implemented: NDCC 4.1-41-05