Md. Code Regs. 15.18.09.06

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

Section 15.18.09.06 - Expressions of Guarantees

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

B. Guaranteed Analysis Requirement.

(1) The "Guaranteed Analysis " on a petfood or specialty pet food label shall be listed in the following order and format unless otherwise specified in these regulations:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(c) Maximum percentage of crude fat, if required by Regulation .12 of this chapter;

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of moisture; and

(f) Additional guarantees shall follow moisture.

(2) When ash is listed in the guaranteed analysis on a petfood or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow the moisture guarantee.

(3) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles (current printed AAFCO OP). Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles. " The disclaimer shall appear immediately after the last guarantee under this item in the same size type as the guarantees.

(4) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO-recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile. Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the________. " The blank is to be completed by listing the specific AAFCO nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

C. Sliding Scale Method Prohibited. The sliding scale method of expressing any guaranteed analysis, for example, "protein 15-18 % ", is prohibited.

D. Mineral Supplement Representation. The label of a petfood or a specialty pet food that is formulated as and represented to be a mineral supplement shall include:

(1) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(2) Minimum guarantees for all minerals from sources declared in the ingredient statement as the element in units specified in the AAFCO Cat Food Nutrient Profiles, if no species-specific nutrient profile has been recognized by AAFCO, and provided that:

(a) Mineral guarantees required by Regulation .06 D (1) and (2) of this chapter may be expressed in milligrams (mg) per unit, such as tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use; and

(b) A weight equivalent, such as 1 fluid ounce = 28 grams, for liquid products.

E. Representation of Vitamin Supplement. The label of any pet food or specialty pet food, which is formulated as and represented to be a vitamin supplement, shall include:

(1) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or

(2) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO, and provided that:

(a) Vitamin guarantees required by Regulation . 06 E (1) and (2) of this chapter may be expressed in approved units, such as IU, mg, or g, per unit, such as tablets, capsules, granules or liquids, consistent with those employed in the quantity statement and directions for use; and

(b) A weight equivalent such, as 1 fluid ounce = 28 grams, for liquid products.

F. Comparison of Nutrient Content. When the label of any pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, such as a table of comparison, a percentage or any other designation referring to an individual nutrient or all of the nutrient levels, the following apply:

(1) The product shall meet the AAFCO-recognized nutrient profile;

(2) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile; however, the statement that the product meets the AAFCO-recognized nutrient profile is not required provided that the nutritional adequacy statement as per Regulation .09 B(l) or C(l) of this chapter appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

G. Moisture Declaration. The maximum moisture declared on a petfood or specialty petfood label shall not exceed 78 percent or the natural moisture content of the ingredients, whichever is higher. However, pet food or specialty pet food such as those consisting principally of stew, gravy, sauce, broth, aspic, juice or a milk replacer, which are so labeled, may contain moisture in excess of 78 percent.

H. Guarantees for Crude Ingredient. Guarantees for crude protein, crude fat and crude fiber are not required if the petfood or specialty pet food is intended for purposes other than to furnish the substances or the substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamins supplement.

I. Guarantees for Microorganisms. Guarantees for microorganisms and enzymes shall be stated in the following format:

(1) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/gm) when directions are for using the product in grams, or in colony units per pound (CFU/lb) when directions are for using the product in pounds.

(2) A parenthetical statement following the guarantee shall list each species in order of predominance.

(3) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions.

(4) The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./mg. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided

Md. Code Regs. 15.18.09.06

Regulation .06 adopted effective 44:7 Md. R. 353, eff. 4/10/2017