SECTION 35:30-27-54. Expression of guarantees

(a)   The "Guaranteed Analysis" shall be listed in the following order and format:

(1)   A pet food or specialty pet food label shall list the following required guarantees:

(A)   Minimum percentage of crude protein;

(B)   Minimum percentage of crude fat;

(C)   Maximum percentage of crude fat, if required by 35:30-27-60;

(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 pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture.

(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. Guarantees for substances not listed in the AAFCO Dog (or Cat) Profiles, or not provided for in these rules, shall immediately follow the listing of the recognized nutrients and shall 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 in the same size type as the guarantees.

(4)   A specialty pet food label shall list other required or voluntary guarantees as required by Regulation 3a(4)X of AAFCO Model Bill.

(b)   The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label (for example, "Minimum crude protein 15-18%") is prohibited.

(c)   The label of a pet food or a specialty pet food which 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 expressed as the element in units specified in Regulation 4(b) of the AAFCO Model Bill when no species-specific nutrient profile has been recognized by AAFCO; and

(3)   Mineral guarantees required by 35:30-27-54(c)(1) and (2) may be expressed in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and

(4)   A weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.

(d)   The label of a pet food or a 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 Model Regulation 4(c) when no species-specific nutrient profile has been recognized by AAFCO; and

(3)   Vitamin guarantees required by 35:30-27-54(d)(1) and (2), may be expressed in approved units (e.g., IU, mg, g) per unit (e.g., tablets, capsules, granules, or liquids) consistent with those employed in the quantity statement and directions for use; and

(4)   A weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.

(e)   When the label of a pet food or a specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, the following apply:

(1)   The nutrient shall be stated in the units of measurement used in the cited AAFCO-recognized nutrient profile; and

(2)   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; and

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

(f)   Percentages or other designations referring to an individual nutrient or all of the nutrient levels established by the AAFCO-recognized nutrient profile may be used on a pet food or specialty pet food when:

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

(2)   The comparison is preceded by a statement that the product meets the AAFCO-recognized nutrient profile; and

(3)   The comparison is expressed in the same quantitative units as those used by the cited AAFCO-recognized nutrient profile.

(g)   The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78.00% of the natural moisture content of the ingredients, whichever is higher. However, pet food and specialty pet food including, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and which are so labeled, may contain moisture in excess of 78.00%.

(h)   Guarantees for crude protein, crude fat, and crude fiber are not required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, like mineral or vitamin supplement.

[Source: Added at 17 Ok Reg 2842, eff 7-13-00]