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 names of the
				ingredients used in the brand or product name or elsewhere on the product label
				must appear in order of predominance by weight in the product. Names of flavors
				due to their varying intensity can be in any order.
2. 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.
3. 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; and
(2) 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. 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.
g. Unless a pet food or specialty pet food is
				identified on the principal display panel as a stew, gravy, sauce, broth,
				aspic, juice, milk replacer, or other such name, the maximum moisture declared
				on a pet food or specialty pet food label may not exceed seventy-eight percent
				or the natural moisture content of the ingredients, whichever is
				higher.