Section 42.44. Prohibited labeling.

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

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

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

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

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

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

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

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

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

(a) The dog or cat food, when fed in recommended amounts, meets all nutrient requirements established in applicable pet nutrient profiles specified in the 2015 Official Publication of the Association of American Feed Control Officials .

(b) The dog or cat food is adequate as a sole source of nourishment for dogs or cats when fed according to label directions and according to feeding protocols for dogs and cats specified in the 2015 O fficial Publication of the Association of American Feed Control Officials .

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

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

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

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

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

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

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

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

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

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

Note

Copies of the Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at www.aafco.org . Microsoft Windows NT 6.1.7601 Service Pack 1 See also s. ATCP 42.42 . Microsoft Windows NT 6.1.7601 Service Pack 1