Agr 1200

CHAPTER Agr 1200 COMMERCIAL FEEDS

Statutory Authority: RSA 435:19, IV, 435:21, 435:23, I(a) & IV and 435:25

PART Agr 1201 DEFINITIONS

Agr 1201.01 “Principal display panel” means the out-facing side of the feed tag, or if no tag, the part of the label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

Source. #12788, eff 5-23-19

PART Agr 1202 COMMERICAL FEED NAMES

Agr 1202.01 Names, Terms, and Exemptions.

(a) The names and definitions for commercial feeds shall be the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(b) The terms used in reference to commercial feeds shall be the Official Feed Terms adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(c) The following commodities shall be exempt from the definition of commercial feed, when unground and when not mixed or intermixed with other materials, under the provisions of RSA 435:19, IV, provided that these commodities are not adulterated within the meaning of RSA 435:23:

(1) Raw meat;

(2) Hay;

(3) Loose salt;

(4) Straw;

(5) Stover;

(6) Silages;

(7) Cobs;

(8) Husks; and

(9) Hulls.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.02 Label Format.

(a) Commercial feed, other than customer-formula feed, shall be labeled with the following information on the principal display panel of the product and in the following format:

(1) Product name and brand name, if any, as stipulated in Agr 1202.03(a);

(2) If a drug is used, label as stipulated in Agr 1202.03(b);

(3) Purpose statement as stipulated in Agr 1202.03(c);

(4) Guaranteed analysis as stipulated in Agr 1202.03(d) through (q);

(5) Feed ingredients as stipulated in Agr 1202.03(r);

(6) Directions for use and precautionary statements as stipulated in Agr 1202.03(s);

(7) Name and principal mailing address of manufacturer or persons responsible for distributing the feed as stipulated in Agr 1202.03(t); and

(8) Quantity statement as stipulated in Agr 1202.03 (u).

(b) The information required in Agr 1202.02 (a)(1) through (3) and (8) shall appear in its entirety on one side of the label or on one side of the container.

(c) The information as required in Agr 1202.02(a)(4) through (7) shall be displayed in a prominent place on the feed label or container, but not necessarily on the principal display panel.

(d) When the information as required in Agr 1202.02(a)(6) does not appear on the principal display panel, it must be referenced on the principal display panel with a statement such as “See back of label for directions for use.”.

(e) None of the information required by Agr 1202.02(a) shall be subordinated or obscured by other statements or designs.

(f) Customer-formula feed shall be accompanied with labels, invoices, delivery tickets, or other shipping documents bearing the following information:

(1) The name and address of the manufacturer;

(2) The name and address of the purchaser;

(3) The date of sale or delivery;

(4) The customer-formula feed name and brand name if any;

(5) The product name and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(6) The direction for use and precautionary statements as required by Agr 1202.06; and

(7) If a drug containing product is used:

a. The purpose of the medication, or claim statement; and

b. The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Agr 1202.04(d).

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.03 Label Information. Commercial feed, other than customer-formula feed, shall be labeled with the information, and pursuant to the requirements, specified below:

(a) Product name and brand name if any, shall be as specified below:

(1) The brand or product name shall be appropriate for the intended use of the feed and shall not be misleading. If the name indicates the feed is made for a specific use, the character of the feed shall conform therewith;

(2) A commercial feed for a particular animal class, shall be suitable for that purpose;

(3) Commercial, registered brand, or trade names shall not appear in guarantees or ingredient listings and shall appear only in the product name of feeds produced by or for the firm holding the rights to such a name;

(4) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name. Provided that, if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading;

(5) The word “protein” shall not appear in the product name of a feed that contains added non-protein nitrogen;

(6) When the name carries a percentage value, it shall be understood to signify protein or equivalent protein content only, even if it does not explicitly modify the percentage with the word “protein”. Provided that, other percentage values may be permitted if they are followed by the proper description. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer;

(7) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

(8) The word “vitamin,” or a contraction thereof, or any word suggesting vitamin shall be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Agr 1202.04(c);

(9) The term “mineralized” shall not be used in the name of a feed except for “TRACE MINERALIZED SALT.” When so used, the product shall contain significant amounts of trace minerals which are recognized as essential for animal nutrition;

(10) The term “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep, and goats;

(11) If the commercial feed consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. “(Blank)” shall be completed by using the species of animal from which the raw milk is collected;

(b) If a drug is used, labels shall be as specified below:

(1) The word “medicated” shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name;

(2) A purpose statement shall be as required in Agr 1202.03(c);

(3) The purpose of medication shall be in a claim statement; and

(4) An active ingredient statement shall list the active drug ingredients by their established name and the amounts in accordance with Agr 1202.04(d);

(1) The statement of purpose shall contain the specific species and animal classes for which the feed is intended as specified in Agr 1202.03(f) through (o);

(2) The manufacturer may use more specific and common language in the defined animal class, species, and purpose while being consistent with the category of animal class specified in Agr 1202.03(f) through (o) which may include, but is not limited to, weight ranges, sex, or ages of the animals for which the feed is manufactured;

(3) The purpose statement may be excluded from the label if the product name includes a description of the species and animal classes for which the product is intended;

(4) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state “For Further Manufacture of Feed” if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix;

(5) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products may exclude the animal class and species and state “For Further Manufacture of Feed” if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds;

(6) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner; and

(7) The statement of purpose for single ingredient feeds shall be stated as “Single Ingredient Feed” or “Feed Ingredient.” The manufacturer of a single ingredient feed or feed ingredient may use more specific and common language for the intended use of the feed ingredient dependent on species and class;

(d) When guarantees are stated on labels for crude protein, equivalent crude protein from non-protein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt, and sodium the statement shall be in the sequence of nutritional guarantees;

(e) Other required and voluntary guarantees shall follow in a format such that the units of measure used to express guarantees, including but not limited to percentage, parts per million, international units, are listed in a sequence that provides a consistent grouping of the units of measure;

(f) Required guarantees for swine formula feeds shall be as follows:

(1) Animal classes for swine shall be as set forth in Table 1200-1 below:

Table 1200-1 Classes for Swine

Class	Approximate Size
Prestarter	2 to 11 pounds
Starter	11 to 44 pounds
Grower	44 to 110 pounds
Finisher	110 pounds to market weight
Gilts, sows and adult board	None specified
Lactating gilts and sows	None specified

(2) Guaranteed analysis for swine complete feeds and supplements of all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of lysine;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt (if added);

h. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and

i. Minimum selenium in parts per million (ppm);

(g) Required guarantees for formula poultry feeds including layers, broilers, and turkeys shall be as follows:

(1) Animal classes for layers shall be as set forth in Table 1200-2 below:

Table 1200-2 Classes for Layers

Classes	Approximate Age
Starting/growing	From day of hatch to approximately 10 weeks of age.
Finisher	From approximately 10 weeks of age to time first egg is produced which is approximately 20 weeks of age.
Laying	From time first egg is laid throughout the time of egg production.
Breeders	From time first egg is laid throughout their productive cycle.

(2) Animal classes for broilers shall be as set forth in Table 1200-3 below:

Table 1200-3 Classes for Broilers

Classes	Approximate Age
Starting/growing	From day of hatch to approximately 5 weeks of age.
Finisher	From approximately 5 weeks of age to market (42 to 52 days).
Breeders	Any age and either sex.

(3) Animal classes for broiler, breeders shall be as set forth in Table 1200-4 below:

Table 1200-4 Classes for Broiler, Breeders

Classes	Approximate Age
Starting/growing	From day of hatch until approximately 10 weeks of age.
Finishing	From approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age.
Laying	From day of first egg throughout the time fertile eggs are produced.

(4) Animal classes for turkeys shall be as set forth in Table 1200-5 below:

Table 1200-5 Classes for Turkeys

Classes	Approximate Age
Starting/growing	Females from day of hatch to approximately 13 weeks of age. Males from day of hatch to approximately 16 weeks of age.
Finisher	Females from approximately 13 weeks of age to approximately 17 weeks of age. Males approximately 16 weeks of age to 20 weeks of age, or desired market weight.
Layer	From time first egg is produced throughout the time they are producing eggs.
Breeder	Both sexes from day of hatch to time first egg is produced approximately 30 weeks of age.

(5) Guaranteed analysis for poultry complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of lysine;

c. Minimum percentage of methionine;

d. Minimum percentage of crude fat;

e. Maximum percentage of crude fiber;

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum and maximum percentage of salt, if added; and

i. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

(h) Required guarantees for beef cattle formula feeds shall include the following:

(1) Animal classes for beef cattle shall be as set forth in Table 1200-6 below:

Table 1200-6 Classes for Beef Cattle

Classes	Production Stage
Calves	Birth to weaning.
Cattle on pasture	May be specific as to production stage such as stocker, feeder, replacement heifers, brood cows, bulls, etc.
Feedlot cattle	Not specified.

(2) Guaranteed analysis for beef complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt, if added;

h. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

i. Minimum percentage of potassium; and

j. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added; and

(3) Guaranteed analysis for beef mineral feeds shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt;

d. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

e. Minimum percentage of magnesium;

f. Minimum percentage of potassium;

g. Minimum copper in parts per million (ppm);

h. Minimum selenium in parts per million (ppm);

i. Minimum zinc in parts per million (ppm); and

j. Minimum vitamin A, other than precursors of vitamin A, in international units per pound;

(i) Required guarantees for dairy formula feeds shall include the following:

(1) Animal classes for dairy shall be as set forth in Table 1200-7 below:

Table 1200-7 Classes for Dairy

Classes

Veal milk replacer

Herd milk replacer

Starter

Nonlactating dairy cattle: replacement diary heifers, dairy bulls and dairy calves

Lactating dairy cows

Dry dairy cows

(2) Guaranteed analysis for veal and herd replacement milk replacer shall include the following:

a. Minimum percentage crude protein;

b. Minimum percentage crude fat;

c. Maximum percentage of crude fiber;

d. Minimum and maximum percentage calcium;

e. Minimum percentage of phosphorus; and

f. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(3) Guaranteed analysis for dairy cattle complete feeds and supplements shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Maximum percentage of acid detergent fiber (ADF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum selenium in parts per million (ppm); and

i. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added; and

(4) Guaranteed analysis for dairy mixing and pasture mineral feeds shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt;

d. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

e. Minimum percentage of magnesium;

f. Minimum percentage of potassium;

g. Minimum selenium in parts per million (ppm); and

h. Minimum vitamin A, other than the precursors of vitamin A, in international units per pound;

(j) Required guarantees for equine formula feeds shall include the following:

(1) Animal classes for equines shall be as set forth in Table 1200-8 below:

Table 1200-8 Classes for Equine

Classes

Growing

Broodmare

Maintenance

Performance, including stallions

(2) Guaranteed analysis for equine complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber;

d. Maximum percentage of acid detergent fiber (ADF);

e. Maximum percentage of neutral detergent fiber (NDF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum copper in parts per million (ppm), if added;

i. Minimum selenium in parts per million (ppm);

j. Minimum zinc in parts per million (ppm); and

k. Minimum vitamin A, other than the precursors of vitamin A, in international units per pound; and

(3) Guaranteed analysis for equine mineral feeds for all animal classes shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt, if added;

d. Minimum and maximum percentage of sodium;

e. Minimum copper in parts per million (ppm), if added;

f. Minimum selenium in parts per million (ppm);

g. Minimum zinc in parts per million (ppm); and

h. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(k) Required guarantees for goat formula feeds shall include the following:

(1) Animal classes for goats shall be as set forth in Table 1200-9 below:

Table 1200-9 Classes for Goats

Classes

Starter

Grower

Breeder

Lactating

(2) Guaranteed analysis for goat complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Maximum percentage of acid detergent fiber (ADF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum and maximum percentage of salt, if added;

i. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

j. Minimum and maximum copper in parts per million (ppm), if added;

k. Minimum selenium in parts per million (ppm); and

l. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(l) Required guarantees for sheep formula feeds shall include the following:

(1) Animal classes for sheep formula feeds shall be as set forth in Table 1200-10 below:

Table 1200-10 Classes for Sheep

Classes

Starter

Grower

Finisher

Breeder

Lactating

(2) Guaranteed Analysis for sheep complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt, if added;

h. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

i. Minimum and maximum copper in parts per million (ppm), if added, or if total copper exceeds 20 ppm;

j. Minimum selenium in parts per million (ppm); and

k. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(m) Required guarantees for duck and geese formula feeds shall include the following:

(1) Animal classes for duck formula feeds shall be as set forth in Table 1200-11 below:

Table 1200-11 Classes for Duck

Classes	Production Stage
Starter	0 to 3 weeks of age
Grower	3 to 6 weeks of age
Finisher	6 weeks to market
Breeder Developer	8 to 19 weeks of age
Breeder	22 weeks to end of lay

(2) Animal classes for geese formula feeds shall be as set forth in Table 1200-12 below:

Table 1200-12 Classes for Geese

Classes	Production Stage
Starter	0 to 4 weeks of age
Grower	4 to 8 weeks of age
Finisher	8 weeks to market
Breeder Developer	10 to 22 weeks of age
Breeder	22 weeks to end of lay

(3) Guaranteed analysis for duck and geese complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber;

d. Minimum and maximum percentage of calcium;

e. Minimum percentage of phosphorus;

f. Minimum and maximum percentage of salt, if added; and

g. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;

(n) Required guarantees for fish complete feeds and supplements shall include the following:

(1) Animal species for fish shall be as set forth in Table 1200-13 below:

Table 1200-13 Classes for Fish

Species

Trout

Catfish

Species other than trout or catfish

(2) Guaranteed analysis for all fish complete feeds and supplements shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber; and

d. Minimum percentage of phosphorus;

(o) Required guarantees for rabbit complete feeds and supplements shall include the following:

(1) Animal classes for rabbits shall be as set forth in Table 1200-14 below:

Table 1200-14 Classes for Rabbits

Classes	Production Stage
Grower	4 to 12 weeks of age
Breeder	12 weeks of age and over

(2) Guaranteed analysis for rabbit complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Minimum and maximum percentage of crude fiber. The maximum crude fiber shall not exceed the minimum by more than 5.0 units;

d. Minimum and maximum percentage of calcium;

e. Minimum percentage of phosphorus;

f. Minimum and maximum percentage of salt, if added;

g. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and

h. Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added;

(p) The required guarantees of grain mixtures with or without molasses and feeds other than those described in Agr 1202.03(d) through (o) shall include the following items, unless exempted in Agr 1202.03 (q), in the order listed as follows:

(1) Animal classes and species for which the product is intended; and

(2) Guaranteed analysis, including:

a. Minimum percentage crude protein;

b. Maximum or minimum percentage of equivalent crude protein from non-protein nitrogen (NPN) as required in Agr 1202.04(e);

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minerals in formula feeds, in the following order:

1. Minimum and maximum percentages of calcium;

2. Minimum percentage of phosphorus;

3. Minimum and maximum percentage of salt, if added;

4. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and

5. Other minerals;

f. Minerals in feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

g. Vitamins in such terms as specified in Agr 1202.04(c);

h. Total sugars as invert on dried molasses products or products being sold primarily for their sugar content;

i. Viable lactic acid producing microorganisms for use in silages in terms specified in Agr 1202.04(g); and

j. A commercial feed such as but not limited to vitamin or mineral premix or base mix, intended to provide a specialized nutritional source for use in the manufacture of other feeds, shall state its intended purpose and guarantee those nutrients relevant to such stated purpose;

(q) Exemptions shall be as follows:

(1) A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when:

a. The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

b. The feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total mineral;

(2) Guarantees for vitamins shall not be required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement;

(3) Guarantees for crude protein, crude fat, and crude fiber shall not be required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses;

(4) Guarantees for microorganisms shall not be required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made; and

(5) The indication for animal classes and species shall not be required on single ingredient products if the ingredient is not intended, represented, or defined for specific animal classes or species;

(r) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of RSA 435:21 (I)(d), shall be as follows:

(1) The name of each ingredient as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, or common or usual name, where an ingredient is not defined by AAFCO;

(2) Collective terms for the grouping of feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, in lieu of the individual ingredients, provided that:

a. When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label; and

b. The manufacturer shall provide the state feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state;

(s) Directions for use and precautionary statements or reference to their location shall be used if the detailed feeding directions and precautionary statements required by Agr 1202.06 and 1202.07 appear elsewhere on the label;

(t) The name and principal mailing address of the manufacturer or person responsible for distributing the feed shall appear. The principal mailing address shall include the street address, city, state, and zip code; and

(u) The quantity statement shall be as follows:

(1) Net quantity shall be declared in terms of weight, liquid measure, or count, based on applicable requirements under Section 4 of the Federal Fair Packaging and Labeling Act;

a. When the net quantity is labeled in terms of weight, it shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units;

b. When the net quantity is labeled in terms of liquid measure, it shall be expressed both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart and in appropriate SI metric system units; and

c. When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.04 Expression of Guarantees.

(a) The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage.

(b) Mineral guarantees shall be as follows:

(1) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:

a. When the minimum is below 2.5%, the maximum shall not exceed the minimum by more than 0.5 percentage point;

b. When the minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by more than one percentage point; and

c. When the minimum is above 5.0% or greater the maximum shall not exceed the minimum by more than 20% of the minimum and in no case shall the maximum exceed the minimum by more than 5 percentage points;

(2) When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater; and

(3) Products labeled with a quantity statement in tablets, capsules, granules, or liquid, may state mineral guarantees in milligrams (mg) per declared unit consistent with the quantity statement and directions for use.

(c) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified below and stated in milligrams per pound (mg/lb) or in units consistent with those employed for the quantity statement unless otherwise specified:

(1) Vitamin A, other than precursors of vitamin A, in international units per pound;

(2) Vitamin D-3 in products offered for poultry feeding, in international chick units per pound;

(3) Vitamin D for other uses, international units per pound;

(4) Vitamin E, in international units per pound;

(5) Concentrated oils and feed additive premixes containing vitamins A, D, or E may, at the option of the distributor, be stated in units per gram instead of units per pound;

(6) Vitamin B-12, in milligrams or micrograms per pound; and

(7) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following:

a. Menadione;

b. Riboflavin;

c. D-pantothenic acid;

d. Thiamine;

e. Niacin;

f. Vitamin B-6;

g. Folic acid;

h. Choline;

i. Biotin;

j. Inositol;

k. P-amino benzoic acid;

l. Ascorbic acid; and

m. Carotene.

(d) Guarantees for drugs shall be stated in terms of percent by weight, except as follows:

(1) Antibiotics present at less than 2,000 grams per ton of total commercial feed shall be stated in grams per ton of commercial feed;

(2) Antibiotics present at 2,000 or more grams per ton of total commercial feed, shall be stated in grams per pound of commercial feed;

(3) Labels for commercial feeds containing growth promotion or feed efficiency levels of antibiotics, being fed continuously as the sole ration, shall not be required to make quantitative guarantees, except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, 21 CFR 558, wherein, quantitative guarantees shall be included regardless of the level or purpose of the antibiotic; and

(4) The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

(e) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(1) For ruminants, as follows:

a. Complete feeds, supplements, and concentrates containing more than 5% protein from natural sources shall be guaranteed as follows:

“Crude Protein, minimum, __%. This includes not more than % equivalent crude protein from non-protein nitrogen”;

b. Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

“Equivalent crude protein from non-protein nitrogen, minimum, ___%”; and

c. Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic non-protein nitrogen ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, shall be guaranteed as follows:

“Nitrogen, minimum, ___%”; and

“Equivalent Crude Protein from Non-Protein Nitrogen, minimum, ___%”; and

(2) For non-ruminants, as follows:

a. Complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

“Crude protein, minimum ___%. This includes not more than ___% equivalent crude protein which is not nutritionally available to species of animal for which feed is intended”; and

b. Premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

“WARNING: This feed must be used only in accordance with directions furnished on the label.”

(f) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(g) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb.) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

(h) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as protease Bacillus subtilis 5.5 mg amino acids liberated/min./milligram. If 2 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.

(i) Guarantees for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food, and specialty pet food products shall be as follows:

(1) A commercial feed which bears on its labeling a claim in any manner for levels of “dietary starch,” “sugars,” “fructans,” or words of similar designation, shall include on the label:

a. Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee; and

b. A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products; and

(2) When such guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.05 Ingredients.

(a) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, or the common or usual name, where an ingredient is not defined by AAFCO.

(b) The name of each ingredient shall be shown in letters or type of the same size.

(d) The term “dehydrated” may precede the name of any product that has been artificially dried.

(e) A single ingredient product defined by the AAFCO may exclude an ingredient statement.

(f) Tentative definitions for ingredients shall not be used until adopted as official by AAFCO, unless no official definition exists or the ingredient has a common accepted name that requires no definition, such as sugar.

(g) When the word “iodized” is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1202.06)

Agr 1202.06 Directions for Use and Precautionary Statements.

(a) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives including drugs, special purpose additives, or non-nutritive additives shall:

(1) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

(2) Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug, and Cosmetic Act.

(b) Adequate directions for use and precautionary statements shall be on feeds containing non-protein nitrogen as specified in Agr 1202.07.

(c) Adequate directions for use and precautionary statements necessary for safe and effective use shall be on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

(d) Raw milk distributed as commercial feed shall bear the following statement:

“WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA.”

(e) The statement in (d) shall be displayed in a conspicuous manner and not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in Table 1200-15, below:

Table 1200-15 Statement Type Size

Panel Size	Minimum Warning Statement Type Size
≤5 in. ²	1/16 in.
>5 – ≤25 in.²	1/8 in.
>25 – ≤100 in.²	3/16 in.
>100 – ≤400 in.²	¼ in.
>400 in.²	½ in.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1207.07)

Agr 1202.07 Non-Protein Nitrogen.

(a) Urea and other non-protein nitrogen products as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, shall be used as ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein.

(b) If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement as follows:

“CAUTION: USE AS DIRECTED.”

(c) The directions for use and the caution statement shall be in type of such size so placed on the label that they can be read and understood by ordinary persons under customary conditions of purchase and use.

(d) Non-protein nitrogen as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, may be used as ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the total daily ration.

(e) On labels such as those for medicated feeds which bear adequate feeding directions or warning statements, the presence of added non-protein nitrogen shall not duplicate the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1202.08)

Agr 1202.08 Drug and Feed Additives.

(a) Prior to approval of a commercial feed registration application or approval of a label for commercial feed which contain additives including drugs, other special purpose additives, or non-nutritive additives, the distributor shall submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(b) Satisfactory evidence of safety and efficacy of a commercial feed shall be:

(1) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in Title 21, Code of Federal Regulations, or which are “generally recognized as safe” (GRAS) for such use;

(2) When the commercial feed is itself a drug as defined in RSA 435:19, VII and is GRAS and effective for the labeled use or is marketed subject to an application approved by the United States Food and Drug Administration under section 512 of the Federal Food, Drug, and Cosmetic Act;

(3) When one of the purposes for feeding a commercial feed is to impart immunity that is to act through some immunological process the ingredients imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended;

(4) When the commercial feed is a direct fed microbial product and:

a. The product meets the particular fermentation product definition;

b. The microbial content statement, as expressed in the labeling, is limited to the following: “Contains a source of live (viable) naturally occurring microorganisms”; and

c. The source is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(g); or

(5) When the commercial feed is an enzyme product and:

a. The product meets the particular enzyme definition as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; and

b. The enzyme is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(h).

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1202.09)

Agr 1202.09 Adulterants.

(a) For the purpose of RSA 435:23, I (a) the terms “poisonous or deleterious substances” shall include, but shall not be limited to the following:

(1) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds:

a. 0.20% for breeding and dairy cattle;

b. 0.30% for slaughter cattle;

c. 0.30% for sheep;

d. 0.35% for lambs;

e. 0.45% for swine; and

f. 0.60% for poultry;

(2) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration, exclusive of roughage, above the following amounts:

a. 0.004% for breeding and dairy cattle;

b. 0.009% for slaughter cattle;

c. 0.006% for sheep;

d. 0.01% for lambs;

e. 0.015% for swine; and

f. 0.03% for poultry;

(3) Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage with or without limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight;

(4) Soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichlorethylene or other chlorinated solvents; and

(5) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1, thiamine.

(b) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than 4 viable prohibited weed seeds per pound and not more than 100 viable restricted weed seeds per pound.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1202.10)

Agr 1202.10 Current Good Manufacturing Practices and Hazard Analysis and Risk-Based Preventive Controls.

(a) Under the authority provided by RSA 435:23, IV, the following shall apply:

(1) Manufacturers of Type B and Type C medicated feeds shall comply with the regulations prescribing good manufacturing practices as published in Title 21, Code of Federal Regulations, §225.1–225.202; and

(2) Manufacturers of Type A medicated articles shall comply with the regulations prescribing good manufacturing practices as published in the Title 21, Code of Federal Regulations, §226.1–226.115.

(b) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the regulations prescribing good manufacturing practices as published in Title 21, Code of Federal Regulations, part 507.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.11 Certain Mammalian Proteins Prohibited in Ruminant Feed. Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the regulations prescribing certain mammalian proteins prohibited in ruminant feed as published in Title 21, Code of Federal Regulations, §589.2000-589.2001.

Source. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1202.12 Veterinary Feed Directive.

(a) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the definitions of animal drugs for use in animal feeds as published in the Title 21, Code of Federal Regulations, §558.3(b).

(b) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with requirements prescribing veterinary feed directive drugs as published in Title 21, Code of Federal Regulations, §558.6.

Source. #12788, eff 5-23-19

PART Agr 1203 PET FOOD AND SPECIALTY PET FOOD

Agr 1203.01 Definitions, Terms, and Exemptions.

(a) “All life stages” means gestation or lactation, growth, and adult maintenance life stages.

(b) “Family” means a group of products, which are nutritionally adequate for any or all life stages based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol.

(c) “Immediate container” means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

(d) “Ingredient statement” means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(e) “Pet” means a dog or a cat.

(f) “Pet food” means any commercial feed prepared and distributed for consumption by dogs or cats.

(g) “Specialty pet” means any animal normally maintained in a household, such as, but not limited to, rodents, ornamental bird, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not kept for meat or fur.

(h) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(i) “Principal display panel” means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(j) The following products shall be exempt from the definition of pet food or specialty pet food, unless the manufacturer, in its product labeling or advertising, makes any claim that the product is intended for use as an animal food, or that the product provides anything of nutritional value to the animal:

(1) Chews;

(2) Bones; and

(3) Toys.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.02 Label Format and Labeling.

(a) Pet food and specialty pet food shall be labeled with the following information on the principal display panel of the product in the following format:

(1) Product name and brand name, if any, on the principal display panel as stipulated in Agr 1203.03;

(2) A statement specifying the species name of pet, or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(3) Quantity statement, as specified in Agr 1202.03(u) by weight in pounds and ounces, and metric, liquid measure in quarts, pints and fluid ounces, and metric, or by count, on the principal display panel;

(4) Guaranteed analysis as specified in Agr 1203.04;

(5) Ingredient statement as specified in Agr 1203.05;

(6) Feeding directions if required under Agr 1203.08; and

(7) Name and address of the manufacturer or distributor as specified in RSA 435:21.

(b) When a pet food, or a specialty pet food enclosed in an outer container or wrapper, is intended for retail sale, all required label information shall appear on the outer container or wrapper.

(c) A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

(d) The use of the word “proven” in connection with a label claim for a pet food or specialty pet food shall be prohibited unless the claim is substantiated by scientific or other empirical evidence.

(e) No statement shall appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product.

(f) Personal or commercial endorsements may be on a pet food or specialty pet food label provided the endorsement is not false or misleading.

(g) A statement on a pet food or specialty pet food label stating improvement or newness shall be substantiated by the manufacturer and limited to 6 months production.

(h) A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated by the manufacturer and limited to 1 year production, after which the claim shall be removed or re-substantiated.

(i) Raw milk distributed as pet food, or specialty pet food, shall contain a warning statement as follows:

“WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA.”; and

(j) The statement in (i) shall be displayed in a conspicuous manner and not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in Table 1200-16, below:

Table 1200-16 Statement Type Size

Panel Size	Minimum Warning Statement Type Size
≤5 in. ²	1/16 in.
>5 – ≤25 in.²	1/8 in.
>25 – ≤100 in.²	3/16 in.
>100 – ≤400 in.²	¼ in.
>400 in.²	½ in.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.03 Brand and Product Names.

(a) The words “100%”, “all”, or words of similar designation shall not be used in the brand or product name of a pet food, or specialty pet food if the product contains more than one ingredient. However, for the purpose of this section, water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments shall not be considered ingredients.

(b) The name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients constitutes at least 95% of the total weight of the product. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage. However, the ingredients shall constitute at least 70% of the total product weight;

(2) The ingredient or combination of ingredients constitutes at least 25% of the weight of the product, provided that:

a. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients(s) shall constitute at least 10% of the total product weight;

b. A descriptor is used with the ingredient names such as “dinner”, “platter”, “entrée”, “formula”, and “recipe”. This descriptor shall imply other ingredients are included in the product formula; and

c. The descriptor shall be in the same size, style, and color print as the ingredient name(s); or

(3) The ingredient or combinations of ingredients which are included in the product name are as follows:

a. Each ingredient constitutes at least 3% of the product weight, excluding water sufficient for processing;

b. The names of the ingredients appear in the order of their respective predominance by weight in the product; and

c. All such ingredient names appear on the label in the same size, style, and color print.

(c) When the name of any ingredient appears in the product name of a pet food, or specialty pet food, or elsewhere on the product label and includes a descriptor such as “with”, the named ingredients shall constitute at least 3% of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments.

(d) The word “with,” or similar designation in (c), and named ingredients shall be in the same size, style, color, and case print and be of no greater size than as set forth in Table 1200-17 as follows:

Table 1200-17 Statement Type Size

Panel Size	Minimum Warning Statement Type Size
≤5 in. ²	1/16 in.
>5 – ≤25 in.²	1/8 in.
>25 – ≤100 in.²	3/16 in.
>100 – ≤400 in.²	¼ in.
>400 in.²	½ in.

(e) A flavor designation may be used as part of the product name or elsewhere on the label of a pet food, or specialty pet food if:

(1) The flavor designation:

a. Conforms to the name of the ingredient as listed in the ingredient statement; or

b. Is identified by the source of the flavor in the ingredient statement; and

(2) The word “flavor” is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(f) Except as specified by Agr 1203.03 (b) or (c), the product name of the pet food, or specialty pet food, shall not be derived from one or more ingredients unless all ingredients are included in the name, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof;

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or

(3) It is not otherwise false or misleading.

(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food, or specialty pet food, unless it is in compliance with Agr 1203.03 (b), (c), or (d).

(h) When pet food, or specialty pet food, consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. “Blank” shall be completed by using the species of animal from which the raw milk is collected.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.04 Expression of Guarantees.

(a) The “guaranteed analysis” shall be listed in the following order and format:

(1) Required guarantees for pet food or specialty pet food shall be as follows:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fat, if required by Agr 1203.10;

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 as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(4) Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, shall:

a. 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.”; and

b. Appear immediately after the last such guarantee in the same size type as the guarantees; and

(5) 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.

(6) Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall:

a. 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 (blank).”; and

b. “Blank” shall be completed by listing the specific AAFCO recognized nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. The disclaimer shall only be required when an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

(b) The guaranteed analysis shall not be expressed with the sliding scale method, such as “Minimum crude protein 15–18%”.

(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 the following:

(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 the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(d) Mineral guarantees required by Agr 1203.04 (c)(1) and (2) 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 a weight equivalent such as, 1 fl. oz. = 28 grams for liquid products.

(e) The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include the following:

(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 the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(f) Vitamin guarantees required by Agr 1203.04 (e) may be expressed in approved units such as, IU, mg, g, per unit of tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use, and liquids expressed as volume shall also list a weight equivalent such as, 1 fl. oz. = 28 grams.

(g) When the label of a 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 shall 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 shall not be required provided that the nutritional adequacy statement as per Agr 1203.07(a)(1) or (b)(2)(a) 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.

(h) The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78% or the natural moisture content of the ingredients, whichever is higher. Pet food and specialty pet food such as, 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%.

(i) Guarantees for crude protein, crude fat, and crude fiber shall not be 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, such as a mineral or vitamin supplement.

(j) Guarantees for microorganisms and enzymes shall be stated in the format as stipulated in Agr 1202.04(g) and (h).

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.05 Ingredients.

(a) Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows:

(1) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size, style, and color;

(2) The ingredients shall be listed in descending order by their predominance by weight in non-quantitative terms;

(3) The ingredients shall be listed and identified by the name and definition as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; and

(4) Any ingredient for which no name and definition have been so established shall be identified by the common or usual name of the ingredient.

(b) The ingredients “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, and goats. For example, ingredients derived from horses shall be listed as “horsemeat” or “horsemeat by-products”.

(d) A reference to the quality, nature, form, or other attribute of an ingredient shall be made when the reference meets all of the following:

(1) The designation is not false or misleading;

(2) The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

(3) A reference to quality or grade of the ingredient does not appear in the ingredient statement.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.06 Drugs and Pet Food Additives.

(a) An artificial color shall be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States Food and Drug regulations, Title 21 of the Code of Federal Regulations Part 73, as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets.

(b) Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label.

(1) When the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or are “GRAS” for such use; or

(2) When the pet food or specialty pet food itself is a drug or contains a drug as defined in RSA 435:19, VII and is “generally recognized as safe and effective” for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360(b).

(d) When a drug is included in a pet food or specialty pet food, the format required by Agr 1202.03(b) for labeling medicated feeds shall be used.

Source. #2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92

New. #5488, eff 10-15-92, EXPIRED: 10-15-98

New. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.07 Nutritional Adequacy.

(a) The label of a pet food or specialty pet food which is intended for all life stages and sizes 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:

(1) The product meets the nutrient requirements for all life stages and sizes established by an AAFCO-recognized nutrient profile, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

(2) The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s) as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; or

(3) The product is a member of a product family which is nutritionally similar to a lead product which contains 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, provided that:

a. The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

b. The family product meets the criteria for all life stages; and

c. Under circumstances of reasonable doubt, the New Hampshire State Control Official may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

(b) The label of a pet food or specialty pet food which is intended for a limited purpose, such as size of dog, or a specific life stage, but not for all life stages and sizes, may include a qualified claim such as “complete and balanced,” “perfect,” “scientific,” or “100% nutritious” when the product and claim meet all of the following:

(1) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, “complete and balanced for puppies”, or “complete and balanced for kittens.” The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style, and color print; and

(2) The product shall meet at least one of the following:

a. The nutrient requirements for the limited purpose or specific life stage established by

an AAFCO-recognized nutrient profile, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

b. The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s), as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; or

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

1. The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

2. The family product meets the criteria for such limited purpose; and

3. Under circumstances of reasonable doubt, the New Hampshire State Control Official may require the manufacturer to perform additional testing for the family product to substantiate the claim of nutritional adequacy.

(c) Dog and cat food labels shall 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,” “treat,” or “supplement.”

(d) The statement in (c) shall consist of one of the following:

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

a. “(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for (blank).”

“Blank” shall 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”. For a dog food, when the blank includes the words “Growth” or “All Life Stages,” one of the following phrases must also be added verbatim to the end of the claim:

1. If the product has been formulated to meet the levels of nutrients specifically referenced in the AAFCO dog food nutrient profiles as being applicable to large size growing dogs:

“including growth of large size dogs (70 lb. or more as an adult)”; or

2. If the product has not been formulated to meet the levels of nutrients specifically referenced in the AAFCO dog food nutrient profiles as being applicable to large size growing dogs:

“except for growth of large size dogs (70 lb. or more as an adult)”;

b. “Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for (blank).”

“Blank” shall 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”;

c. “(Name of Product) provides complete and balanced nutrition for (blank).”

“Blank” shall 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.

(2) A nutritional or dietary claim for purposes other than those listed in Agr 1203.07 (a) or (b) if the claim is scientifically substantiated; or

(3) If a product does not meet the requirements of Agr 1203.07(a) or (b) or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(4) The claim shall be stated as:

“This product is intended for intermittent or supplemental feeding only.”

(e) A product intended for use by, or under the supervision or direction of a veterinarian shall make a statement in accordance with Agr 1203.07(c)(1) or (3).

(f) A signed affidavit attesting that the product meets the requirements of Agr 1203.07(a) or (b)(2) shall be submitted to the department upon request.

(g) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated.

(h) The following AAFCO-recognized nutritional authority, nutrient profile, or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(1) As an AAFCO-recognized nutrient profile or nutritional authority:

a. For dogs, the AAFCO dog food nutrient profiles;

b. For cats, the AAFCO cat food nutrient profiles; and

c. 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

(2) As an AAFCO-recognized animal feeding protocol(s), the AAFCO dog and cat food feeding protocols.

Source. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.08 Feeding Directions.

(a) Pet food, including snacks, or treats, labeled as complete and balanced for any or all life stages, as provided in Agr 1203.07(c)(1), shall list feeding directions as follows:

(1) Consistent with the intended uses indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere such as, adult formula;

(2) Expressed in common terms and shall appear prominently on the label;

(3) At a minimum, state, the following:

“Feed (weight/unit of product) per (weight only) of dog (or cat)”; and

(4) The frequency of feeding.

(b) When pet food is intended for use by, or under the supervision, or direction of a veterinarian, the following statement shall be used in lieu of feeding directions:

“Use only as directed by your veterinarian”

(c) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Agr 1203.07(a), shall list feed directions as follows:

(1) Adequate to meet the nutrient requirements of the intended species of specialty pet;

(2) Expressed in common terms and shall appear prominently on the label; and

(3) The frequency of feeding.

Source. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19

Agr 1203.09 Statements of Calorie Content.

(a) The label of a dog or cat food, including snacks, treats, and supplements, shall bear a statement of calorie content as follows:

(1) The statement shall be separate and distinct from the “guaranteed analysis” and shall appear under the heading “calorie content”;

(2) The statement shall be measured in terms of metabolizable energy (ME) on an as fed basis and shall be expressed both as “kilocalories per kilogram” (“kcal/kg”) of product, and as kilocalories per familiar household measure, such as, but not limited to, cans, cups, pounds, or unit of product such as treats, or pieces; and

(3) The calorie content shall be determined by one of the following methods:

a. Calculation using the following “Modified Atwater” formula:

ME (kcal/kg) =10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where:

1. “ME” means metabolizable energy;

2. “CP” means the percentage of crude protein as fed;

3. “CF” means the percentage of crude fat as fed;

4. The percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product; and

5. “NFE” means the percentage of nitrogen-free extract carbohydrate as fed, calculated by the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash which shall have been determined in the same manner as CP and CF; or

b. In accordance with a testing procedure adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(b) An affidavit shall be provided upon the request substantiating that the calorie content was determined by:

(1) Agr 1203.09(a)(3)a. in which case the summary data used in the calculation shall be included in the affidavit; or

(2) Agr 1203.09(a)(3)b. in which case the summary data used in the determination of calorie content shall accompany the affidavit;

(1) The heading “Calorie Content” on the label shall be followed parenthetically by the word “calculated” when the calorie content is determined in accordance with Agr 1203.09(a)(3)a; or

(2) The heading “Calorie Content” on the label shall be followed parenthetically by the word “fed” when the calorie content is determined in accordance with Agr 1203.09(a)(3)b.

(d) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

Source. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18

New. #12788, eff 5-23-19 (from Agr 1203.07)

Agr 1203.10 Descriptive Terms.

(a) Calorie terms used on labels shall be subject to the following requirements:

(1) Labels using the term “light” shall comply with the following:

a. Dog food products bearing the terms “light,” “lite,” “low calorie,” or words of similar designation shall contain and state on the label:

1. No more than 3100 kcal ME/kg for products containing less than 20% moisture;

2. No more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture;

3. No more than 900 kcal ME/kg for products containing 65% or more moisture;

4. A calorie content statement in accordance with the format provided in Agr 1203.09; and

5. Feeding directions which reflect a reduction in calorie intake consistent with the intended use, and

b. Cat food products bearing the terms “light,” “lite,” “low calorie,” or words of similar designation shall contain and state on the label:

1. No more than 3250 kcal ME/kg for products containing less than 20% moisture;

2. No more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture;

3. No more than 950 kcal ME/kg for products containing 65% or more moisture;

4. A calorie content statement in accordance with the format provided in Agr 1203.09; and

5. Feeding directions which reflect a reduction in calorie intake consistent with the intended use; and

(2) Labels using the terms “less” or “reduced calories” shall comply with the following:

a. The name of the product of comparison and the percentage of calorie reduction, expressed on an equal weight basis, explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

b. The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim;

c. A calorie content statement in accordance with the format provided in Agr 1203.09;

d. Feeding directions shall reflect a reduction in calories compared to feeding directions for the product of comparison; and

e. Comparisons between products in different categories of moisture content, such as less than 20%, 20% or more but less than 65%, and 65% or more, shall be deemed misleading;

(b) Fat terms used on labels shall be subject to the following requirements:

(1) Dog food product labels bearing the terms “lean”, “low fat”, or words of similar designation shall contain and guarantee on the label:

a. No more than 9% crude fat for products containing less than 20% moisture;

b. No more than 7% crude fat for products containing 20% or more but less than 65% moisture;

c. No more than 4% crude fat for products containing 65% or more moisture; and

d. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

(2) Cat food product labels bearing the terms “lean”, “low fat”, or words of similar designation shall contain and guarantee on the label:

a. No more than 10% crude fat for products containing less than 20% moisture;

b. No more than 8% crude fat for products containing 20% or more but less than 65% moisture;

c. No more than 5% crude fat for products containing 65% or more moisture; and

d. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

(3) Labels using the terms “less” or “reduced fat” shall comply with the following:

a. For dog or cat food labels bearing a claim of “less fat”, “reduced fat”, or words of similar designation, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print;

b. The product label shall also bear a maximum crude fat guarantee in the guaranteed analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

c. Comparisons between products in different categories of moisture content, such as less than 20%, 20% or more but less than 65%, 65% or more, shall be deemed misleading.

Source. #7054, eff 7-20-99, EXPIRED: 7-20-07

New. #12788, eff 5-23-19 (from Agr 1203.08)

Agr 1203.11 Manufacturer or Distributor; Name and Address.

(a) The name and principal mailing address of the manufacturer or distributor shall appear. The principal mailing address shall include the street address, city, state, and zip code.

(b) When a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package was manufactured, or packaged, or from where each package is to be distributed.

Source. #12788, eff 5-23-19

Agr 1203.12 Human Grade Claims.

(a) Labels using the term, Human Grade, shall comply with the following:

(1) The use of the term “human grade” shall only be acceptable in reference to the product as a whole. The feed term specifies that every ingredient and the resulting product must be stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for current good manufacturing practices (cGMPs) for human edible foods as specified in 21 CFR part 117;

(2) The term “human grade” shall be deemed false and misleading if the product as a whole is not human edible. “Human grade” claims shall not be made for individual ingredients in a finished product that does not fully adhere to the manufacturing and ingredient specifications identified above;

(3) In order to substantiate that a “human grade” claim is truthful and not misleading, a manufacturer making one or more “human grade” claims shall have documentation that:

a. Each of the individual ingredient suppliers has verified that the individual ingredients supplied to the manufacturer are fit for human consumption;

b. Every ingredient and the resulting product are stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for cGMPs for human edible foods as specified in 21 CFR part 117; and

c. The manufacturing facility is licensed to produce human food by the appropriate authority. Such evidence shall include, but is not limited to, facility licenses or permits for operation of edible food manufacturing facilities or results of most recent inspections issued by local, county, or state public health authorities;

(4) A pet food or specialty pet food product with “human grade” claims shall be clearly labeled for its intended use as animal food, such as “dog food” or “cat treats,” and follow all other pet food or specialty pet food labeling requirements;

(5) All uses of the words “human grade” on the label shall not be larger than the statement of intended use required by Agr 1203.02(a)(2);

(6) A claim of “human grade ingredients” shall only be acceptable if the product complies with Agr 1203.12(a); and

(7) In order to use the term “human grade” on brochures, point of sale materials, websites, and other marketing materials, the statement of intended use shall also be included. All uses of the words “human grade” on labeling shall not be larger than the statement of intended use.

(b) The application to register a pet food or specialty pet food product with a “human grade” claim shall include one of the following:

(1) Documentation to substantiate the “human grade” claim as specified in Agr 1203.12(a); or

(2) A copy of a USDA issued certificate which verifies that the operation meets the standards as specified in Title 21 CFR part 117.

Source. #12788, eff 5-23-19

Appendix A: Incorporation by Reference Information

Rule

Material Incorporated

How Material May be Obtained and Costs

Agr 1202.01(a) & (b)

Agr 1202.03(a)(7)

Agr 1202.03(p)(2)f.

Agr 1202.03(r)(1) & (2)

Agr 1202.04 (e)(1)c.

Agr 1202.05(a)

Agr 1202.07(a) & (d)

Agr 1202.08 (b)(5)a.

Agr 1203.04 (a)(3)

Agr 1203.05 (a)(3)

Agr 1203.07(a)(1),(2), & (3)a.

Agr 1203.07(b)(2)a. & b.

Agr 1203.07(c)(1)

Agr 1203.09(a)(3)b.

AAFCO Official Publication

2019 Edition

Association of American Feed Control Officials

1800 South Oak Street, Suite 100

Champaign, IL 61820

www.aafco.org/Publications

Costs: $130 for AAFCO Members

and $250 for Non-Members

Appendix B

Rule	Specific State Statute the Rule Implements
Agr 1200	RSA 435:25
(Specific rules implementing specific statutes are listed below)
Agr 1202	RSA 435:21 & 435:23
Age 1203	RSA 435:19 XVIII, 435:21 & 435:23