Section 7-17-14-01 - Determination of calorie content for dog and cat food1. The statement must be determined in terms of metabolizable energy (ME) on an "as fed" moisture basis by one of the following methods before being converted to calories (kcal) per the familiar household unit (e.g., can, measuring cup, treat, or piece): a. By calculation (indicated with a " " in the pet nutrition facts) using the "modified Atwater" formula; orb. In accordance with testing procedures determined by AAFCO (indicated as "(fed)" in the pet nutrition facts).2. An affidavit must be provided upon request of the commissioner, substantiating the calorie content was determined by:a. Calculation, in which case the summary data used in the calculation must be included in the affidavit; orb. Testing, in which case the summary data used in the determination of calorie content must accompany the affidavit.3. The calories from protein, fat, and carbohydrate as required in the pet nutrition facts must be converted to calories (kcal) per the familiar household unit (e.g., can, measuring cup, treat, or piece).4. Comparative claims may not be false, misleading, or given undue emphasis and must be based on the same methodology for the products compared.N.D. Admin Code 7-17-14-01
Adopted 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, 4.1-41-06, 4.1-41-07