02 NCAC 09D .0103          BRAND AND PRODUCT NAMES

(a)  No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet.  Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor.  Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them shall, upon request, supply verification of the designated or claimed flavor to the Commissioner of Agriculture.

(b)  The designation "100 percent" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient.  However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

(c)  The term "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 and meat by‑products are from cattle, swine, sheep, and goats.  For example, "horsemeat" and "horsemeat by‑products."

(d)  The name of the pet food 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 of a pet food product unless all components or ingredients are included in the name except as specified by (a), (e), or (f) of this Rule; provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the name of the pet food if the following occur:

(1)           The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product;

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

(3)           It is not otherwise false or misleading.

(e)  When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95 percent or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of a pet food; provided, that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.

(f)  When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes at least 25 percent but less than 95 percent of the total weight of all ingredients of a pet food mixture the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "meatballs" or "fishcakes" so that the product name describes the contents of the product in accordance with an established law, custom or usage or so that the product is not misleading.  All such ingredient names and the primary descriptive term shall be in the same size, style and color print.

(g)  Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with this Rule.

History Note:        Authority G.S. 106‑284.1;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015.