Minnesota Administrative Rules

1510.2560 NUTRITIONAL ADEQUACY.

Subpart 1.

Label claims.

The label of a pet food or specialty pet food that is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

A.

the product meets the nutrient requirements for all life stages established by an AAFCO-recognized nutrient profile;

B.

the product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol; or

C.

the product is a member of a product family that is nutritionally similar to a lead product containing a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, and:

(1)

the nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(2)

the family product meets the criteria for all life stages.

Subp. 2.

Qualified claim.

The label of a pet food or specialty pet food that is intended for a limited purpose or a specific life stage, but not for all life stages, may include a qualified claim such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if the product and claim meets all of the following:

A.

the claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, such as, "complete and balanced for puppies or kittens," and the claim and the required qualification is juxtaposed on the same label panel and in the same size, style, and color print; and

B.

the product meets at least one of the following:

(1)

the nutrient requirements for the limited purpose or specific life stage established by an AAFCO-recognized nutrient profile;

(2)

the criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol; or

(3)

the requirements of a product family which is nutritionally similar to a lead product which contains a combination of ingredients which, when fed for the limited purpose, will satisfy the nutrient requirements for the limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and:

(a)

the nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO; and

(b)

the family product meets the criteria for the limited purpose.

Subp. 3.

Nutritional adequacy statement.

Dog and cat food labels must include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a "snack" or "treat." The statement must consist of one of the following:

A.

a claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. The claim must be stated verbatim as one of the following:

(1)

"(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for ......." (Blank is to be completed by using the stage or stages of the pet's life, such as, gestation/lactation, growth, maintenance, or the words "All Life Stages");

(2)

"Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for ......" (Blank is to be completed by using the stage or stages of the pet's life tested, such as, gestation/lactation, growth, maintenance, or the words "All Life Stages"); or

(3)

"(Name of Product) provides complete and balanced nutrition for ......." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "All Life Stages") and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests;

B.

a nutritional or dietary claim for purposes other than those listed in subpart 1 or 2, if the claim is scientifically substantiated; or

C.

the statement "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of this part or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

Subp. 4.

Veterinary supervision.

A product intended for use by a veterinarian, or under the supervision or direction of a veterinarian must contain a statement in accordance with subpart 3.

Subp. 5.

Acceptable basis for claim.

The following AAFCO-recognized nutritional authority, nutrient profile, and animal feeding protocol are acceptable as the basis for a claim of nutritional adequacy:

A.

as an AAFCO-recognized nutrient profile or nutritional authority:

(1)

for dogs, the AAFCO Dog Food Nutrient Profiles;

(2)

for cats, the AAFCO Cat Food Nutrient Profiles; and

(3)

for specialty pets, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended; and

B.

as an AAFCO-recognized animal feeding protocol, the AAFCO Dog and Cat Food Feeding Protocols.

Statutory Authority:

MS s 25.40

History:

29 SR 655

Published Electronically:

July 24, 2008