Chapter ATCP 42

ATCP 42.30(1)(c) (c) A maximum guarantee for crude fiber.

ATCP 42.30(1)(d) (d) A maximum guarantee for moisture. The maximum guaranteed moisture may not exceed 78%, or the natural moisture content of the dog or cat food ingredients, whichever is greater. A dog or cat food which primarily consists of stew, gravy, sauce, broth, juice, or a milk replacer, and which is labeled as such, may contain moisture in excess of 78%.

ATCP 42.30(1)(e) (e) Mineral guarantees if the dog or cat food is sold wholly or in part for its mineral contents. Mineral guarantees shall comply with sub. (3).

ATCP 42.30(1)(f) (f) Vitamin guarantees if the dog or cat food label identifies one or more specific vitamins, or makes a specific vitamin-related performance claim. The guaranteed analysis shall include a guarantee for each vitamin which is identified on the label, or which is relevant to the performance claim. Vitamin guarantees shall be expressed in appropriate units, as provided for other commercial feeds under s. ATCP 42.12 (4).

ATCP 42.30(1)(g) (g) Other substances claimed on the label of the dog or cat food.

ATCP 42.30(2) (2) Form of guarantees. Every guarantee under sub. (1) shall clearly identify the substance guaranteed. Except as provided under s. ATCP 42.12 (3) or (4), a guarantee shall be expressed as a percentage by weight of the dog or cat food.

ATCP 42.30(3) (3) Mineral guarantees.

ATCP 42.30(3)(a) (a) Mineral guarantees, if required under sub. (1) (e), shall include all of the following:

ATCP 42.30(3)(a)1. 1. Minimum and maximum guarantees for calcium.

ATCP 42.30(3)(a)2. 2. A minimum guarantee for phosphorus.

ATCP 42.30(3)(a)3. 3. A minimum and maximum guarantee for salt.

ATCP 42.30(3)(a)4. 4. Minimum guarantees for other minerals claimed on the dog or cat food label.

ATCP 42.30(3)(b) (b) Mineral guarantees shall be expressed in appropriate units, as provided for other commercial feed under s. ATCP 42.12 (3).

ATCP 42.30 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.32 ATCP 42.32 Ingredient statement.

ATCP 42.32(1) (1) Requirement. Every dog or cat food shall be labeled with an ingredient statement, clearly identified as such, which lists the name of each ingredient from which that dog or cat food is manufactured. All ingredients shall be printed in the same type and type size.

ATCP 42.32 Note Note: Ingredients should be listed in descending order by weight. Failure to do so may be deceptive or misleading.

ATCP 42.32(2) (2) Ingredient names. Every ingredient name used in an ingredient statement under sub. (1) shall be one of the following:

ATCP 42.32(2)(a) (a) The common or usual name of that ingredient.

ATCP 42.32(2)(b) (b) The official name of that ingredient as stated in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.32 Note Note: Copies of the Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at www.aafco.org.

ATCP 42.32(3) (3) Prohibited terms. No ingredient statement under sub. (1) may include any of the following:

ATCP 42.32(3)(a) (a) A reference to the grade or quality of an ingredient.

ATCP 42.32(3)(b) (b) The term “dehydrated,” unless used to describe a feed ingredient that has been artificially dried.

ATCP 42.32 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (2) (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 06-028: am. (2) (b) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (2) (b) Register May 2015 No. 713, eff. 6-1-15; CR16-012: am. (2) (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (2) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 42.34 ATCP 42.34 Medicated dog or cat food. If a dog or cat food contains one or more drugs, the dog or cat food label shall include all of the following:

ATCP 42.34(1) (1) The word “medicated,” printed directly after and below the product name in a type size no smaller than one-half the type size of the product name.

ATCP 42.34(2) (2) A statement of purpose which clearly explains the purpose for each drug contained in the dog or cat food.

ATCP 42.34(3) (3) A statement of active drug ingredients, including the established name and amount of each active ingredient.

ATCP 42.34(4) (4) Directions for use and precautionary statements needed for safe feeding of the dog or cat food.

ATCP 42.34 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.36 ATCP 42.36 Statement of nutritional adequacy. One of the following statements shall be clearly and conspicuously printed on the principal display panel or information panel of every dog or cat food package unless the dog or cat food is prominently labeled as a “treat” or “snack:”

ATCP 42.36(1) (1) A statement that “[Name of product] is formulated to meet the nutritional levels established by the AAFCO [Dog or Cat] Food Nutrient Profiles for [specify the life stages, such as gestation, lactation, growth or maintenance, for which the dog or cat food is intended, or specify “all life stages”]”. This statement shall be accompanied by the prominent statement, “Use only as directed by your veterinarian,” if the dog or cat food is intended for use by or under the direction of a veterinarian.

ATCP 42.36(2) (2) A statement that “Animal feeding tests using AAFCO procedures substantiate that [name of product] provides complete and balanced nutrition for [specify the life stages, such as gestation, lactation, growth or maintenance, for which the dog or cat food is intended, or specify “all life stages”]”. This statement shall be accompanied by the prominent statement, “Use only as directed by your veterinarian” if the dog or cat food is intended for use by or under the direction of a veterinarian.

ATCP 42.36(3) (3) A statement that the dog or cat food is nutritionally adequate for purposes other than those specified under sub. (1) or (2) if the statement is scientifically substantiated. This statement shall be accompanied by the prominent statement, “Use only as directed by your veterinarian,” if the dog or cat food is intended for use by or under the direction of a veterinarian.

ATCP 42.36(4) (4) A statement that “This product is intended for intermittent or supplemental feeding only.” This statement shall be accompanied by the prominent statement, “Use only as directed by your veterinarian,” if the dog or cat food is intended for use by or under the direction of a veterinarian.

ATCP 42.36 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.38 ATCP 42.38 Feeding instructions.

ATCP 42.38(1) (1) Requirement. Except as provided under sub. (2), a dog or cat food shall be prominently labeled with feeding instructions. The feeding instructions shall clearly state the recommended amount of dog or cat food to be fed, and the purpose for which it is fed. The feeding instructions shall include any precautionary statements which are needed for safe feeding of the dog or cat food.

ATCP 42.38(2) (2) Exemptions. Subsection (1) does not apply to a dog or cat food that is clearly and conspicuously labeled as one of the following:

ATCP 42.38(2)(a) (a) For use only under a veterinarian’s prescription.

ATCP 42.38(2)(b) (b) A “treat” or “snack.”

ATCP 42.38 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.40 ATCP 42.40 Statement of calorie content. The label of a dog or cat food may include a statement of calorie content only if all of the following apply:

ATCP 42.40(1) (1) The statement is separate and distinct from the guaranteed analysis under s. ATCP 42.30.

ATCP 42.40(2) (2) The statement appears under the heading “Calorie Content.”

ATCP 42.40(3) (3) The statement reflects metabolizable energy, expressed as “kilocalories per kilogram” of dog or cat food. The amount of metabolizable energy may also be expressed in kilocalories per unit of weight or measure used in the declaration of net quantity under s. ATCP 42.28 (1) (h) or the feeding instructions under s. ATCP 42.38.

ATCP 42.40(4) (4) The calorie content is determined by one of the following methods:

ATCP 42.40(4)(a) (a) By calculation using the modified Atwater formula, ME(kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)], where CP = % crude protein as fed, CF = % crude fat as fed, NFE = % nitrogen-free extract (carbohydrate) as fed, the percentages of CP and CF are the arithmetic averages obtained from proximate analyses of at least four production batches of the dog or cat food, and NFE is the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture and ash (determined in the same manner as CP and CF).

ATCP 42.40(4)(b) (b) By a testing procedure published in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.40 Note Note: Copies of the Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at www.aafco.org.

ATCP 42.40 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (4) (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 04-005: am. (4) (b) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (4) (b) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (4) (b) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: r. and recr. (4) (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (4) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 42.42 ATCP 42.42 Product or brand names; use of ingredient names. No product or brand name may identify any ingredients of a dog or cat food to the exclusion of any other ingredients unless at least one the following applies:

ATCP 42.42(1) (1) The identified ingredients are derived from animals and collectively comprise both of the following:

ATCP 42.42(1)(a) (a) At least 95% by weight of the dog or cat food, where water sufficient for processing is excluded from the weight of the dog or cat food.

ATCP 42.42(1)(b) (b) At least 70% by weight of the dog or cat food, where the weight of the dog or cat food includes all water in the dog or cat food.

ATCP 42.42(2) (2) All of the following conditions are met:

ATCP 42.42(2)(a) (a) The identified ingredients collectively comprise at least 25% by weight of the dog or cat food, where water sufficient for processing is excluded from the weight of the dog or cat food.

ATCP 42.42(2)(b) (b) The identified ingredients collectively comprise at least 10% by weight of the dog or cat food, where the weight of the dog or cat food includes all water in the dog or cat food.

ATCP 42.42(2)(c) (c) Each of the identified ingredients comprises at least 3% by weight of the dog or cat food, where water sufficient for processing is excluded from the total weight of the dog or cat food.

ATCP 42.42(2)(d) (d) The identified ingredients are identified in their order of predominance.

ATCP 42.42(2)(e) (e) The product or brand name includes a term, such as “dinner,” which suggests multiple ingredients.

ATCP 42.42(3) (3) The ingredient is added to the dog or cat food, at significant additional cost, in order to impart a distinctive flavor or special nutritional value to the dog or cat food.

ATCP 42.42 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.44 ATCP 42.44 Prohibited labeling. No labeling for dog or cat food may do any of the following, either directly or by implication:

ATCP 42.44(1) (1) Make any statement or representation, including any pictorial or graphic representation, which is false, deceptive, or misleading.

ATCP 42.44(2) (2) Misrepresent that a dog or cat food is suitable for a specified use.

ATCP 42.44(3) (3) Fail to disclose, in connection with any health or nutritional claim for dog or cat food, pertinent qualifications or limitations on that claim.

ATCP 42.44(4) (4) Make any health or nutritional claim for dog or cat food unless the manufacturer has reasonable scientific evidence to support that claim at the time the claim is made.

ATCP 42.44(5) (5) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:

ATCP 42.44(5)(a) (a) The claim is true for all life stages of dogs or cats.

ATCP 42.44(5)(b) (b) The claim clearly identifies the life stage of dogs or cats for which it is true.

ATCP 42.44(6) (6) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:

ATCP 42.44(6)(a) (a) The dog or cat food, when fed in recommended amounts, meets all nutrient requirements established in applicable pet nutrient profiles specified in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.44(6)(b) (b) The dog or cat food is adequate as a sole source of nourishment for dogs or cats when fed according to label directions and according to feeding protocols for dogs and cats specified in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.44(6)(c) (c) The manufacturer possesses valid scientific evidence, equivalent to that specified under par. (a) or (b), which substantiates the label claim.

ATCP 42.44 Note Note: Copies of the Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at www.aafco.org.

ATCP 42.44(7) (7) Misrepresent that an identified ingredient is present to the exclusion of any other ingredient.

ATCP 42.44(8) (8) Misrepresent the amount of any ingredient in a dog or cat food.

ATCP 42.44(9) (9) Use the term “with [ingredient],” or any similar term which calls attention to a specific ingredient unless that ingredient constitutes at least 3 percent by weight of the dog or cat food, exclusive of water sufficient for processing.

ATCP 42.44 Note Note: See also s. ATCP 42.42.

ATCP 42.44(11) (11) Misrepresent that a dog or cat food contains only one ingredient. A claim does not violate this subsection if, in addition to the single claimed ingredient, the dog or cat food contains only water sufficient for processing, required denaturing agents, or trace amounts of preservatives and condiments.

ATCP 42.44(12) (12) Claim that the dog or cat food is flavored unless the flavor is detectable by a recognized test method or is proven to be readily distinguishable by a dog or cat. A flavor claim shall identify the source of the flavor, unless the source is an ingredient listed under s. ATCP 42.32 which has the same name as the flavor.

ATCP 42.44(13) (13) Use the term “meat” or “meat by-products” to designate meat or meat by-products from animals other than cattle, swine, sheep, or goats, unless the term is qualified to identify those animals.

ATCP 42.44(14) (14) Claim that a dog or cat food is “new” or “improved” if the formula for that dog or cat food has not changed significantly for more than 6 months.

ATCP 42.44(15) (15) Make any specific comparison claim, including any claim that a dog or cat food is preferred by dogs or cats, unless the claim is substantiated by reasonable evidence acquired within one year prior to the date on which the claim is made.

ATCP 42.44 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (6) (a), Register, June, 1999, No. 522, eff. 7-1-99; CR 04-005: am. (6) (a) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (6) (a) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (6) (a), (b) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (6) (a), (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (6) (a), (b) Register January 2020 No. 769, eff. 2-1-20.

subch. VI of ch. ATCP 42 Subchapter VI — General Provisions

ATCP 42.46 ATCP 42.46 Good manufacturing practices.