North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-17 - Pet Food and Specialty Pet Food › Chapter 7-17-03 - Brand and Product Names › Section 7-17-03-01 - Brand and product names

Current through Supplement No. 393, July, 2024
1. The
				words "one hundred percent" or "all", or words of similar designation may 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, not including decharacterizing
				agents, or trace amounts of preservatives and condiments.
2. An ingredient or combination of
				ingredients may form part of a product name of a pet food or specialty pet food
				when:
a. The ingredient constitutes at least
				ninety-five percent of the total weight of the product. Water sufficient for
				processing may be excluded when calculating the percentage; however, the
				ingredients must constitute at least seventy percent of the total product
				weight.
b. When any ingredient
				constitutes at least twenty-five percent of the weight of the product,
				provided:
(1) Water sufficient for processing
				may be excluded when calculating the percentage. However, the ingredient must
				constitute at least ten percent of the total product weight;
(2) A descriptor is used with the ingredient
				name. This descriptor must imply other ingredients are included in the product
				formula; and
(3) The descriptor
				must be in the same size, style, and color print as the ingredient
				name.
c. When a
				combination of ingredients that are included in the product name in accordance
				with this section meets all of the following:
(1) Each ingredient constitutes at least
				three percent of the product weight, excluding water sufficient for
				processing;
(2) The names of the
				ingredients appear in the order of their respective predominance by weight in
				the product; and
(3) All such
				ingredient names appear on the label in the same size, style, and color
				print.
d. When the name
				of any ingredient appears in the product name of a pet food, specialty pet
				food, or elsewhere on the product label and includes a descriptor such as
				"with" or similar designation, the named ingredient must constitute at least
				three percent of the product weight exclusive of water sufficient for
				processing. If the names of more than one ingredient are shown, they must
				appear in their respective order of predominance by weight in the product. The
				three percent minimum level may not apply to claims for nutrients, such as
				vitamins, minerals, and fatty acids, as well as condiments. The word "with" or
				similar designation, and named ingredients must be in the same size, style,
				color, and case print, and be of no greater size than:
Panel Size
Max "With Claim" Type Size
<=5 inches2
¼ inch
>5 to
								<=inches2
¼ inch
>25 to <=100 inches2
3/8 inch
>100 to <=400
								inches2
½ inch
>400 inches2
1 inch
e. A
				flavor designation may be included as part of the product name or elsewhere on
				the label of a pet food or specialty pet food when the flavor designation meets
				all of the following:
(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. The product name of the pet food or
				specialty pet food may not be derived from one or more ingredients unless all
				ingredients are included in the name, except as specified by this rule,
				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
				that have a material bearing upon the price of the product or upon acceptance
				of the product by the purchaser thereof; or
(2) It does not constitute a representation
				that the ingredient or combination of ingredients is present to the exclusion
				of other ingredients.
g.
				Contractions or coined names referring to ingredients may not be used in the
				brand name of a pet food or specialty pet food unless it is in compliance with
				this rule.