Section 7-17-10-01 - Descriptive terms1. Calorie terms: a. "Light": (1) A dog food product that bears on its label the terms "light", "lite", "low calorie", or words of similar designation must:(a) Contain no more than three thousand one hundred kcal ME/kg for products containing less than twenty percent moisture, no more than two thousand five hundred kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than nine hundred kcal ME/kg for products containing sixty-five percent or more moisture; and(b) Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.(2) A cat food product that bears on its label the terms "light", "lite", "low calorie", or words of similar designation must:(a) Contain no more than three thousand two hundred fifty kcal ME/kg for products containing less than twenty percent moisture, no more than two thousand six hundred fifty kcal ME/kg for products containing twenty percent or more but less than sixty-five percent moisture, and no more than nine hundred fifty kcal ME/kg for products containing sixty-five percent or more moisture; and(b) Include on the label feeding directions that reflect a reduction in calorie intake consistent with the intended use.b. "Less" or "reduced calories":(1) A dog or cat food product that bears on its label a claim of "less calories", "reduced calories", or words of similar designation, must include on the label: (a) The name of the product of comparison and the percentage of calorie reduction expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;(b) The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim; and(c) Feeding directions that reflect a reduction in calories compared to feeding directions for the product of comparison. (2) A comparison between products in different categories of moisture content is misleading.2. Fat terms: a. "Lean": (1) A dog food product that bears on its label the terms "lean", "low fat", or words of similar designation shall: (a) Contain no more than nine percent fat for products containing less than twenty percent moisture, no more than seven percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than four percent fat for products containing sixty-five percent or more moisture;(b) Include on the product label in the nutrient guarantees:[1] A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory guarantee specified in section 7-17-13-01; and[2] A maximum fat guarantee that is no more than nine percent fat for products containing less than twenty percent moisture, no more than seven percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than four percent fat for products containing sixty-five percent or more moisture.(2) A cat food product that bears on its label the terms "lean", "low fat", or words of similar designation must:(a) Contain a maximum percentage of fat which is no more than ten percent fat for products containing less than twenty percent moisture, no more than eight percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than five percent fat for products containing sixty-five percent or more moisture; and(b) Include on the product label in the nutrient guarantees: [1] A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory guarantee specified in section 7-17-13-01; and[2] A maximum percentage of fat that is no more than ten percent fat for products containing less than twenty percent moisture, no more than eight percent fat for products containing twenty percent or more but less than sixty-five percent moisture, and no more than five percent fat for products containing sixty-five percent or more moisture.b. "Less" or "reduced fat": (1) A dog or cat food product that bears on its label a claim of "less fat", "reduced fat", or words of similar designation, must include on the label:(a) The name of the product of comparison and the percentage of fat reduction expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;(b) The comparative statement printed in type of the same color and style and least one-half the type size used in the claim; and(c) A maximum fat guarantee immediately following the minimum fat guarantee in addition to the mandatory information as specified in section 7-17-13-01.(2) A comparison on the label between products in different categories of moisture content is misleading.3. Carbohydrate terms: a. "Low" carbohydrate, dietary starch, and sugars claims. A claim of "low carbohydrates", "low dietary starch", "low sugars" alone or in combination is not allowed.b. "Less" or "reduced" carbohydrates, dietary starch, and sugars claims.(1) A dog or cat food product that makes such statements on the label must include on that label:(a) The name of the product of comparison and the percentage of reduction in total dietary starch plus sugars expressed on an equal weight basis explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears; and(b) The comparative statement printed in type of the same color and style but not less than one-half the size used in the claim; and(c) Maximum guarantees for dietary starch and sugars as stated in section 7-17-13-01.(2) A comparison between products in different categories of moisture content is misleading.N.D. Admin Code 7-17-10-01
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