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.