Section 63.4 - Expression of Guarantees(a) The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18%") is prohibited.(b) Pursuant to Texas Commercial Feed Control Act, §141.002(d), the label of a pet food which is formulated as and represented to be a mineral supplement shall include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus, and the minimum and maximum percentages of salt. The minimum content of all other essential nutrient elements recognized by the AAFCO Dog or Cat Food Nutrient Profile or FFCS-recognized nutrient profile from sources declared in the ingredients statement shall be expressed as the element in units specified in the recognized nutrient profile. Products labeled as per § RSA 63.2(b) of this title (relating to Label Format and Labeling) may express the mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules or liquids) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fluid ounce = 28 grams).(c) The label of pet food which is formulated as and represented to be a vitamin supplement shall include a guarantee of the minimum content of each vitamin declared in the ingredients statement. Vitamin guarantees shall be expressed as per subsection (d) of this section. Products labeled as per § RSA 63.2(b) of this title (relating to Label Format and Labeling) may express the vitamin guarantees in approved units per unit (e.g., tablets, capsules, granules or liquid) consistent with those employed in the quantity statement and directions for use. Liquids expressed as volume must also list a weight equivalent (e.g., 1 fluid ounce = 28 grams).(d) Vitamins guaranteed on pet food labels shall be stated in international units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be guaranteed in milligrams per kilogram (mg/kg) except vitamins which may be guaranteed in micrograms per kilogram (mcg/kg).(e) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by an AAFCO-recognized animal nutrition authority, such comparison may be stated in the units of measurement used in the AAFCO Dog or Cat Food Nutrient Profiles. The statement in a table of comparison of the vitamin, mineral or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.(f) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO Dog or Cat Food Nutrient Profile or other recognized nutrient profile shall not be permitted on pet food labels except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and: (1) the product in question meets the nutrient profile recommended by the authority; and(2) the comparison is prescribed by a statement to that effect.4 Tex. Admin. Code § 63.4
The provisions of this §63.4 adopted to be effective January 1, 1976; amended to be effective October 7, 1983, 8 TexReg 3811; amended to be effective February 28, 1995, 20 TexReg 1018.