Md. Code Regs. 15.18.09.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 15.18.09.05 - Brand and Product Names

A. General Requirements. In addition to the requirements for commercial feed provided by law, the following requirements of the regulation apply also to pet food and specialty petfood.

B. Designation of "100%" or "All". The designation "100%" or "All" or words of similar connotation shall not be used in the brand name or product name of a pet food or specialty pet food if the product contains more than one ingredient, provided, for the purpose of this section only, not including water sufficient for processing, required de characterizing agents and trace amounts of preservatives and condiments.

C. Designation of Ingredients. An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty petfood if:

(1) The ingredient or ingredients constitutes at least 95 percent of the total weight of the product.

(2) Water sufficient for processing may be excluded when calculating the percentage, however, the ingredients shall constitute at least 70 percent ofthe total product weight.

(3) Any ingredient constitutes at least 25 percent of the weight of the product, excluding water sufficient for processing.

(4) Any descriptor that shall imply that other ingredients are included in the product formula. Examples of descriptors include "dinner", "platter", "entree", "formula", and "recipe.

(5) The descriptor is in the same size, style, and color print as the ingredient name or names.

(6) The combination of ingredients which are included in the product name complies with the following:

(a) Each ingredient constitutes at least 3 percent of the product weight, excluding water sufficient for processing;

(b)The name of the ingredients appear in the order of respective predominance by weight in the product; and all the ingredient names appear on the label in the same size, style and color print.

D. Use of Ingredient Name. When the name of an ingredient appears in the product name of a pet food or specialty pet food or elsewhere on the product label and includes a descriptor such as "with " or similar designation, the named ingredient or ingredients shall each constitute at least 3 percent of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in respective order of predominance by weight in the product. The 3 percent minimum level does not apply to claims for condiments or nutrients, such as, but not limited to, vitamins, minerals and fatty acids. The word "with", or similar designation, and named ingredient or ingredients shall be in the same size, style, color and case print and be of no greater size than:

Panel Sizes	Maximum "With Claim " Type Size
< 5 square inches	1/8 inch
5 - < 25 Square inches	1/4 inch
25 - < 100 square inches	3/8 inch
100 - < 400 square inches	1/2 inch
> 400 square inches	1 inch

E. Designation of Flavor. A flavor designation may be included as part of the product name or elsewhere on the label of a petfood or specialty pet food if the flavor designation meets the following requirements:

(1) The flavor designation:

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

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

(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. Ingredients as Product Name. The product name of the petfood or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by Regulation .04B, C, or D of this chapter, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

G. Contractions or Coined Names. Contractions or coined names referring to ingredients shall not be used in the brand name of any pet food or specialty food unless they are in compliance with Regulation .04B, C, orD of this chapter Regulation .04B, C, or D of this chapter.

H. Designation of Raw Milk. When petfood or specialty petfood consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. The blank is to be completed by using the species of animal from which the raw milk is collected.

Md. Code Regs. 15.18.09.05

Regulation .05 adopted effective 44:7 Md. R. 353, eff. 4/10/2017